HomeMy WebLinkAbout020811 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 II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY 8, 2011 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 5:30 P.M. - Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1. Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for property owned by Riverside County Flood Control and Water Conservation District. The subject real property is the second lot west of the westerly terminus of Western Bypass/Temecula Parkway in the City of Temecula, California, and is identified as Riverside County Assessor's Parcel Numbers 922-110-032 and 922-210-062. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. The City negotiators are Greg Butler and Will Becerra. Under negotiation are the price and terms for the acquisition of the property. 2. Conference on Real Property Negotiations pursuant to Government Code 54956.8 regarding approximately 1.5 acres of real property located on the west side of Pujol Street at 28673-28701 Pujol Street, Temecula; APN 922- 062-003 & 922-062-004 & 922-062-005). The negotiating parties are AMACL Multi -Housing Inc and the Redevelopment Agency of the City of Temecula. Negotiators for the Redevelopment Agency of the City of Temecula are: Bob Johnson, Patrick Richardson and Luke Watson. Under negotiation are the price and terms of Agency's acquisition of certain property interests through an Owner Participation Agreement for the development of affordable housing on the property. 1 3. Conference on Real Property Negotiations pursuant to Government Code 54956.8 regarding Redevelopment Agency owned property located on the north and south sides of Main Street just west of Mercedes Street, Temecula (APN 922-034-029, 030,031, 032, 033, 034 & 922-044-019, 027, 026, 029). The negotiating parties are Pelican Vista, LLC and the Redevelopment Agency of the City of Temecula. Negotiators for the Redevelopment Agency of the City of Temecula are: Bob Johnson, Patrick Richardson and Luke Watson. Under negotiation are the price and terms of a ground lease and Disposition and Development Agreement for the potential lease and development on the property. 4. Conference with City Attorney pursuant to Government Code Section 64966.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is City of Temecula v. Pechanga Band of Luiseno Indians, United States District Court Case No. CV10-07378 DSF(VBK), Central District of California. 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: 11-02 Resolution: 11-14 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Justine and Derrick Tiu Invocation: Pastor Felicia Brown of Imani Church of God in Christ Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Mayor's presentation to Temecula Valley Special Olympic Tennis Team Members Christopher Cole and Amanda Wetzel American Heart Month Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. 2 For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of January 25, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of December 31, 2010 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of December 31, 2010. 3 5 Transportation Uniform Mitigation Fee (TUMF) Community and Environmental Transportation Accountability Program (CETAP) Funding Agreement for the State Route 79 South/Interstate 15 Ultimate Interchange Project (Agreement No.11-72-041-00) RECOMMENDATION: 5.1 Approve the attached $5.4 million TUMF CETAP Funding Agreement between the Riverside County Transportation Commission (RCTC) and the City of Temecula for the Construction of the State Route 79 South/Interstate 15 Ultimate Interchange Project (Agreement No. 11-72-041-00); 5.2 Authorize the City Manager to execute the Agreement. 6 Acceptance of Improvements and Notice of Completion for the Road Reconstruction at Jedediah Smith Road, Project No. PW09-10 RECOMMENDATION: 6.1 Accept the construction of the Road Reconstruction at Jedediah Smith Road, Project No. PW 09-10, as complete; 6.2 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; 6.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 7 First Amendment to Professional GIS Consulting Services Agreement to enhance the City of Temecula's GIS Parcel and Centerline Data Layers RECOMMEDATION: 7.1 Approve and authorize the Mayor to execute the First Amendment to an Agreement between the City of Temecula and D&W Consulting for Professional GIS consulting services in the amount of $5,650 and extending the term of the agreement to June 2011. 8 2011 Workers' Compensation Coverage Annual Renewal RECOMMENDATION: 8.1 Approve the contract with the City's current workers' compensation provider, Travelers Insurance Company, as the City's Employee Workers' Compensation Insurance Carrier for 2011 for an estimated reduced premium cost of $296,663. 4 9 Letter to County Auditor specifying how the Redevelopment Agency intends to fund the 2010-2011 Supplemental Educational Revenue Augmentation Fund ("SERAF") RECOMMENDATION: 9.1 Approve the letter to the Riverside County Auditor specifying how the Temecula Redevelopment Agency intends to fund its fiscal year 2010-2011 SERAF shift payment. 10 Resolution opposing the Governors proposal to eliminate Redevelopment Agencies and letter to the Governor and State Legislators opposing the Governor's Budget Proposal for Fiscal Year 2011-2012 RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION IN OPPOSITION TO THE GOVERNOR'S PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN CALIFORNIA 10.2 Approve a Letter to the Governor and local Legislators opposing the Governor's budget proposal for Fiscal Year 2011-2012. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-01 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 11 Action Minutes RECOMMENDATION: 11.1 Approve the action minutes of January 25, 2011. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, February 22, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 6 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-01 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. RDA CONSENT CALENDAR 12 Action Minutes RECOMMENDATION: 12.1 Approve the action minutes of January 25, 2011. 13 Funding source for AB 4X 26 Supplemental Educational Revenue Augmentation Fund Payment RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. RDA 11- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA PROVIDING FOR THE PAYMENT OF ITS SUPPLEMENTAL EDUCATIONAL REVENUE OBLIGATION FOR FISCAL YEAR 2010-11 7 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, February 22, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 8 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 11-01 Resolution: No. TPFA 11-01 CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Washington, Roberts TPFA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. TPFA CONSENT CALENDAR 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of July 27, 2010. 9 15 Change in location for the Temecula Public Financing Authority RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA, AMENDING TPFA RESOLUTION NO. 01-01, CHANGING THE LOCATION AND THE ADDRESS OF TPFA MEETINGS ADJOURNMENT 10 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 16 Approval for levying an assessment for fiscal year 2011-2012 in connection with the Temecula Valley Tourism Business Improvement District (TVTBID) RECOMMENDATION: 16.1 Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 16.2 Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the formation of the proposed District; 16.3 If the City Clerk reports that there is riot a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2011-12 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 17 A Major Modification to the Temecula Regional Hospital Development Plan RECOMMENDATION: 17.1 Adopt a resolution entitled: 11 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0194, A MAJOR MODIFICATION TO A DEVELOPMENT PLAN (PA07-0200) FOR THE TEMECULA REGIONAL HOSPITAL TO CHANGE THE PHASING OF THE PROJECT BY REDUCING THE NUMBER OF BEDS FROM 170 TO 140 FOR PHASE I OF THE PROJECT, TO MODIFY THE BUILDING FACADES OF THE HOSPITAL TOWERS, TO RELOCATE THE TRUCK LOADING BAYS AND SERVICE YARD, TO RESTRICT SITE ACCESS TO AND FROM DEPORTOLA ROAD TO EMERGENCY VEHICLES, AND TO RELOCATE MECHANICAL EQUIPMENT FROM AN OUTDOOR AREA AT THE SERVICE YARD TO AN EXPANDED INDOOR AREA AT THE NORTHERN PORTION OF THE HOSPITAL BUILDING ON 35.3 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY, APPROXIMATELY 800 FEET WEST OF MARGARITA ROAD (APN 959-080-001 THRU 004 AND 951-080- 007 THRU 010) CITY COUNCIL BUSINESS 18 Community Development Block Grant Application Proposals for fiscal year 2011-12 RECOMMENDATION: 18.1 Approve the Community Development Block Grant (CDBG) Finance Committee funding recommendations for fiscal year 2011-12; 18.2 Authorize the Director of Finance to execute Sub -Recipient Agreements for 2010-11 funding recipients and reprogram CDBG funds in accordance with the budget resolution for general administration of the fiscal year 2011-12 CDBG Funds. CITY MANAGER REPORT CITY ATTORNEY REPORT 12 ADJOURNMENT Next regular meeting: Tuesday, February 22, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website — www.cityoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 13 PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, cardiovascular disease is the Nation's leading cause of death and costliest disease with direct and indirect costs estimated to be $228 billion; WHEREAS, cardiovascular disease accounts for one out of three deaths Nationwide; WHEREAS, nearly 2,200 Americans die of cardiovascular disease each day, an average of one death every 39 seconds; WHEREAS, the American Heart Association's 2020 impact goal seeks to improve the cardiovascular health of all Americans by 20 percent, while reducing deaths from cardiovascular diseases and stroke by 20 percent through research, population and community level interventions, public health, and policy measures; WHEREAS, efforts of the American Heart Association encourage citizens to help save lives by calling 9-1-1 if symptoms occur, become trained in CPR, and encourage comprehensive automated external defibrillator (AED) programs in their communities; WHEREAS, the American Heart Association is celebrating February 2011 as American Heart Month and promoting education and awareness by encouraging citizens to learn the warning signs of heart attack and stroke. NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City Council of the City of Temecula, in recognition of the importance of the ongoing fight against heart disease, hereby proclaim February, 2011 to be, "American Heart Month" in the City of Temecula and urge all citizens to recognize the critical importance of tools and skills that will increase survival rates from cardiac arrest. By incorporating these tools into aggressive programs, we can save thousands of lives each year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this eighth day of February, 2011. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 25, 2011 — 7:00 PM 6:30 P.M. - Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with City Attorney pursuant to Government Code Section 64966.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is City of Temecula, et. al. v. Tovey/Shultz Construction, inc., et. al., Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigation). 2) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is Alissa Gross etc. v. Landscape Structures, Inc., City of Temecula, et. al., Riverside County Superior Court Case No. RIC 538128. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Ron Roberts Prelude Music: Joshua Jurkosky and Ron Savitt Invocation: Pastor John Ruhlman of Life Church Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS PUBLIC COMMENTS CITY COUNCIL REPORTS Action Minutes\012511 1 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 2.1 Approve the action minutes of January 11, 2011. 3 List of Demands - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A CONSIDERED UNDER SEPARATE DISCUSSION 4 Approval of the fiscal year 2011-12 Temecula Valley Tourism Business Improvement District (TVTBID) Advisory Board's Annual Report and Levy of an Assessment against Lodging Businesses within the TVTBID for fiscal year 2011-12 - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 4.1 Adopt a resolution entitled: Action Minutes\012511 2 RESOLUTION NO. 11-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2011-12 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 4.2 Adopt a resolution entitled: RESOLUTION NO. 11-11 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011- 12 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF John Kellher, Temecula, addressed the City Council with regard to this item. 5 Roripaugh Ranch — Approval of Sixth Operating Memorandum - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 11-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SIXTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR SUNWOOD RORIPAUGH RANCH LLC, BHT- RORIPAUGH WB99 LLC, AND WINGSWEEP CORPORATION, OWNERS OF LOT 7 OF FINAL TRACT MAP 29353-1, TRACT 29661-2, AND LOT 1 OF FINAL TRACT MAP 29353-1, RESPECTIVELY, WITHIN THE RORIPAUGH RANCH PROJECT Action Minutes1012511 3 6 Second Amendment to the Agreement with Proactive Fire Design & Consulting, Inc. - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 6.1 Approve the Second Amendment with ProActive Fire Design & Consulting, Inc. for an additional amount of $29,000 to increase the existing contract amount to $59,000. 7 5 -Year Agreement for Animal Control and Sheltering Services between the City of Temecula and Animal Friends of the Valleys (aka L.E.A.F.) - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 7.1 Approve the five year Agreement for Animal Control and Sheltering Services between the City of Temecula and Animal Friends of the Valleys at a cost of $247,500 annually; 7.2 Authorize the City Manager to approve additional service not to exceed $30,000 annually. 8 Second Reading of Ordinance No. 11-01 -Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 8.1 Adopt an ordinance entitled: ORDINANCE NO. 11-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE RORIPAUGH ESTATES SPECIFIC PLAN TO ALLOW AUTOMOBILE SERVICE STATIONS WITH OR WITHOUT A CAR WASH IN PLANNING AREA 10 UTILIZING THE DEVELOPMENT STANDARDS OF THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT At 7:54 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:59 P.M., the City Council resumed with regular business. Action Minutes\012511 4 PUBLIC HEARING 14 An Appeal of the Planning Commission's approval of Planning Application Nos. PA08- 0241 and PA08-0242, Islamic Center of Temecula Valley, a two -Phase Development Plan and Conditional Use Permit for a two-story, 24,943 square foot structure on 4.32 acres within a VL zone at the southwest corner of Nicolas Road and Calle Colibri - Approved Staff Recommendation (4-0-1) — as amended — monitoring traffic and parking every five years and no amplification permitted; Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 11-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION AND APPROVING PLANNING APPLICATION NOS. PA08-0241 AND PA08- 0242, A TWO-PHASE DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A TWO-STORY, 24,943 SQUARE FOOT RELIGIOUS FACILITY ON 4.32 ACRES WITHIN A VERY LOW (VL) RESIDENTIAL ZONE LOCATED AT THE SOUTHWEST CORNER OF NICOLAS ROAD AND CALLE COLIBRI (APN 957-140-012) The following individuals addressed the City Council with regard to this item: • Don Krampe Murrieta • Margaret Jones Temecula • Suhail Fares USA • Katema Abu Fares USA • Rabbi Barry Ulrych Murrieta • Chapalin Balbale Murrieta • Shakeel Syed Anaheim • Paul Jacobs Temecula • Maya Barron • Suzanne Marks Los Angeles • Yosef Khen West Hillls • Raymond Johnson Temecula • Farouk Abdullah Temecula • Terrell Berry • Daphne Swedman Murrieta • Samir Bazlamit Temecula • Braden Harter Temecula • Gayle Byrne Menifee • Suzanne Rombach Temecula • Nejia Ahmed Murrieta Action Minutes1012511 5 • Basemeh Riltan Murrieta • Pastor William Rench Temecula • Ali Zamani Temecula • Lana Tomlins Murrieta • Jacquelilne Le Beau Murrieta/Temecula • Larry Slusser Temecula • Rebecca Atbhizawi Menifee • Reverend Joe Zarro Temecula • John Church Murrieta • Christine Welsh Murrieta • James Horn Menifee • Rabbi Shifren Los Angeles • Diana Serafin Murrieta • Gabe Murrieta • Karen Fazzine Murrieta • Nam -Yong Horn Menifee • Mano Bakh Wildomar • Moumer Shurrah Temecula • Charles Douglas • Mohammed Suleiman Temecula • Abe Tukhi Lake Elsinore • Mahid Elsharkawy Menifee • Nadeem Rihan Murrieta • Abdul Q. Kundi Murrieta • Deema Akari Murrieta • Farah Winchester • Monica Brett-Sorle • Sara Wardak Murrieta • Patrice Lynes Temecula • Mohammad Khaled Menifee • Amy Pina Temecula • Heather Fritzsche Temecula • Bashir Alghizawi • Michael M. Gerardi Menifee • Lane McKeener Murrieta • Alma McClung French Valley • Lorina Bennett • Brigitte Green Temecula • Richard Overton Temecula • Julie Gilbart Murrieta • Hussam Ayloush Corona • Sana Amini Murrieta • Samira Purmal Temecula • Donna Maxey • Ajmal Shaker Murrieta • Mahmoud Harmoush Murrieta • Nafissa Larson • Melanie Oberg Action Minutes\012511 6 • Leilani Allmon CITY MANAGER REPORT CITY ATTORNEY REPORT Murrieta City Attorney Thorson advised that with respect to Closed Session Item No. 1, no action was taken. With regard to Item No. 2, Mr. Thorson noted that the City Council approved a settlement with the plaintiff in the amount of $25,000 subject to court approval. ADJOURNMENT At 3:30 A.M. on Wednesday, January 26, 2011, the City Council meeting was formally adjourned to Tuesday, February 8, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes\012511 7 Item No. 3 Approvals City Attorney Director of Finance City Manager00L CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: February 8, 2011 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- 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. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $3,651,008.28 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 8th day of February, 2011. Ron Roberts, 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. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of February, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 01/20/2011 TOTAL CHECK RUN $ 2,811,677.84 01/27/2011 TOTAL CHECK RUN 440,732.31 01/20/2011 TOTAL PAYROLL RUN: 398,598.13 TOTAL LIST OF DEMANDS FOR 02/08/2011 COUNCIL MEETING: $ 3,651,008.28 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,745,166.93 130 RECOVERY ACT JAG FUNDING 1,206.54 165 AFFORDABLE HOUSING 13,005.19 170 MEASURE A FUND 101,996.00 190 TEMECULA COMMUNITY SERVICES DISTRICT 180,462.45 192 TCSD SERVICE LEVEL B 76,458.78 194 TCSD SERVICE LEVEL D 530.90 195 TCSD SERVICE LEVEL R 6,177.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 7,929.88 197 TEMECULA LIBRARY FUND 5,223.28 210 CAPITAL IMPROVEMENT PROJECTS FUND 808,790.72 280 REDEVELOPMENT AGENCY - CIP PROJECT 236,302.15 300 INSURANCE FUND 561.20 320 INFORMATION SYSTEMS 34,154.50 330 SUPPORT SERVICES 14,824.27 340 FACILITIES 12,189.69 375 SUMMER YOUTH EMPLOYMENT PROGRAM 200.48 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 295.03 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 89.12 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 103.70 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 32.99 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 444.79 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 124.57 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 207.99 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 794.04 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 48.14 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 71.62 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 28.98 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 473.99 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 251.79 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 92.52 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 13.72 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 32.39 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 31.21 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 606.36 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 316.46 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 323.40 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 1,123.60 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 155.31 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 40.99 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 481.11 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 68.54 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 23.96 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 32.24 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 891.11 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 30.52 $ 3,252,410.15 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 240,296.12 165 AFFORDABLE HOUSING 10,738.94 190 TEMECULA COMMUNITY SERVICES DISTRICT 98,750.48 192 TCSD SERVICE LEVEL B 145.43 194 TCSD SERVICE LEVEL D 918.02 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 887.90 197 TEMECULA LIBRARY FUND 458.26 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,454.15 300 INSURANCE FUND 1,442.92 320 INFORMATION SYSTEMS 21,218.24 330 SUPPORT SERVICES 5,933.38 340 FACILITIES 8,870.59 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 91.57 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 61.08 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 72.47 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 13.39 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 147.52 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 26.58 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 38.01 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 250.34 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.02 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 11.07 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.03 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 166.84 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 35.63 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 20.81 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 17.81 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 41.69 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.50 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 154.55 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 82.94 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 224.39 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 379.21 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9.05 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10.00 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 213.56 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 68.63 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.02 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 10.00 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 314.97 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 6.02 398,598.13 TOTAL BY FUND: $ 3,651,008.28 apChkLst Final Check List Page: 1 01/20/2011 2:49:04PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1627 01/20/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 122,508.61 122,508.61 RETIREMENT) 1628 01/20/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 11,395.87 11,395.87 SOLUTION 1629 01/20/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 74,840.32 74,840.32 1630 01/20/2011 000444 INSTATAX (EDD) State Disability Ins Payment 21,605.14 21,605.14 1631 01/20/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,273.08 2,273.08 SOLUTION 1632 01/20/2011 010349 CALIF DEPT OF CHILD Support Payment 553.84 553.84 SUPPORT 143319 01/20/2011 013295 ABBOTT CARDIOVASCULAR property tax reimb per participation 229,802.00 229,802.00 SYSTEMS 143320 01/20/2011 013667 ACADEMY OF MUSIC, INC. entertainment:Old Town 12/31 1,200.00 1,200.00 143321 01/20/2011 001587 AMERICAN PUBLIC WORKS APWA mb:3/11-2/12 Butler, Greg 181.25 181.25 ASSN. 143322 01/20/2011 012985 ANDERSON & HOWARD DEC CABLING:CIVIC CENTER 8,739.65 8,739.65 ELECTRIC INC 143323 01/20/2011 011438 BAKER, BLYTHE EDEN TCSD Instructor Eamings 120.00 120.00 143324 01/20/2011 013772 BALLETX theater performance: 1/21-1/22 12,090.00 12,090.00 143325 01/20/2011 011007 BARNETT, KIRK reimb: parts/tools misc repairs 338.53 338.53 143326 01/20/2011 013265 CALIF BUILDING 4th Qtr Pymt SB1473 2010 987.00 987.00 143327 01/20/2011 000638 CALIF DEPT OF 4th Qtr Pymt: Strong Motion 2010 2,382.44 2,382.44 CONSERVATION 143328 01/20/2011 004971 CANON FINANCIAL SERVICES, Dec -Feb copier leases:Civic Ctr 9,013.62 9,013.62 INC 143329 01/20/2011 004017 COMERCHERO, JEFF reimb: N LC cf Denver 11/30-12/3 67.64 67.64 Pagel apChkLst Final Check List Page: 2 01/20/2011 2:49:04PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143330 01/20/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 66.00 66.00 CHARITIES 143331 01/20/2011 000395 ECONOMIC DEVELOPMENT EDC gtdy luncheon 1/27:ME,AA,CD 120.00 120.00 CORP 143332 01/20/2011 005880 EDGE DEVELOPMENT INC. DEC CONST: CIVIC CENTER 425,101.11 425,101.11 143333 01/20/2011 003665 EXCEL COMMERCIAL Dec long distance phone svcs 53.55 53.55 143334 01/20/2011 003747 FINE ARTS NETWORK sttlmnt: 13 the Musical Jan '11 14,583.48 14,58348 143335 01/20/2011 003347 FIRST BANKCARD CENTER 000845 NATIONAL LEAGUE OF CITIES JC Regist:NLC cfwash,DC 3/12-16 420.00 001048 ROSAS CANTINA GY lunch:city hall moving/cleaning day 73.83 RESTAURANT 001060 HYATT JC htl: NLC cf Denver, CO 11/30-12/3 803.78 007744 SUPERSHUTTLE JC shuttle fee: NLC cf Denver, CO 25.00 013995 C V S PHARMACY GY emp recognition pgrm 12/16/10 694.60 007287 UNITED AIRLINES JC baggage fee: NLC cf Denver, CO 25.00 007287 UNITED AIRLINES JC baggage fee: NLC cf Denver, CO 25.00 007045 GOURMET ITALIA GY meal:Sister City visitors 276.32 006942 ONTARIO AIRPORT JC parking: NLC cf Denver, CO 72.00 2,415.53 143336 01/20/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 143337 01/20/2011 013990 FRIDDLE, LISA refund:CPR/AED 8250.101 50.00 50.00 143338 01/20/2011 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 1/14 167.30 167.30 143339 01/20/2011 003946 G T ENTERTAINMENT entertainment:Old Town holidays 700.00 700.00 143340 01/20/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 1/8 856.50 sttlmnt: Country at the Merc 1/15 409.50 1,266.00 143341 01/20/2011 009608 GOLDEN VALLEY MUSIC sttlmnt: A Little Klezmer 1/2 2,410.50 2,410.50 SOCIETY 143342 01/20/2011 008081 HALL & FOREMAN INC DEC DESIGN SVC:PAVEMENT REHAB 363.79 363.79 Page2 apChkLst Final Check List Page: 3 01/20/2011 2:49:04PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143343 01/20/2011 004188 HARRIS & ASSOCIATES Dec pavement rehab:citywide 56,992.50 56,992.50 143344 01/20/2011 012523 HAZEN, CHERI refund:rm rental:Library 48.00 48.00 143345 01/20/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 4,088.88 4,088.88 303355 143346 01/20/2011 004984 INDEPENDENT ROOFING 12/3 ROOF INSPECT:CIVIC CENTER 650.00 650.00 CONSULTANT 143347 01/20/2011 013668 K Z C CONSTRUCTION, INC Dec const:citywide drain impry 66,672.00 66,672.00 143348 01/20/2011 000482 LEIGHTON CONSULTING INC 10/4-11/28 geotech svcs: 79N 176.50 176.50 143349 01/20/2011 003782 MAIN STREET SIGNS City Seal logo decals:city fleet/signs 761.25 761.25 143350 01/20/2011 012269 MARQUEZ, JOSEPH reimb:Global Yth Jst Las Vegas 12/6-9 318.66 318.66 143351 01/20/2011 004586 MOORE FENCE COMPANY Fence install & repair:hary park 7,995.00 7,995.00 143352 01/20/2011 004508 NAGGAR, MICHAEL S. Reimb: Councilmember mtg 1/14/11 17.07 17.07 143353 01/20/2011 000727 NATIONAL FIRE PROTECTION NAT'L ELECT. CODE BOOKS:BLDG & 155.56 155.56 ASSN SAFETY 143354 01/20/2011 013319 NEWTANGRAM LLC FURNITURE & INSTALL:CIVIC CENTER 1,329.94 1,329.94 143355 01/20/2011 002292 OASIS VENDING Misc kitchen supplies:civic center 553.95 MISC KITCHEN SUPPLIES:FOC 218.34 772.29 143356 01/20/2011 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PW MAINT 301.06 City Vehicle Maint Svcs:PW Traffic 18.43 319.49 143357 01/20/2011 002105 OLD TOWN TIRE &SERVICE City Vehicle Maint Svcs:TCSD 36.57 36.57 143358 01/20/2011 000249 PETTY CASH Petty Cash Reimbursement 771.35 771.35 143359 01/20/2011 011861 PLUMBMASTER INC. Drinking fountain parts:var park sites 456.39 456.39 143360 01/20/2011 013991 PRIEBOY, JILL refund:sec dep:rm rental:CRC 150.00 150.00 Pages apChkLst Final Check List Page: 4 01/20/2011 2:49:04PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143361 01/20/2011 012904 PRO ACTIVE FIRE DESIGN Dec plan check srvcs:fire prevention 143362 01/20/2011 005075 PRUDENTIAL OVERALL Dec uniform/Or mts/twl rentals:city SUPPLY 143363 01/20/2011 004272 RANCHO ARMY NAVY STORE Swift Water Rescue Supp: Sta 73 143364 01/20/2011 000262 RANCHO CALIF WATER Dec var water meters:TCSD svc lev C DISTRICT Dec water meters:41000 Main St Dec various water meters:TCSD Fac Dec various water meters:TCSD & PW Dec various water meters:Mercedes Dec various water meters:Fire Stns Dec Floating Meter- Com:PW Dec various water meters:Mercedes Dec water meter:28922 Pujol St 6,394.23 6,394.23 1,498.14 1,498.14 151.05 151.05 8,234.03 2,333.21 1,379.83 1,126.32 781.81 475.06 154.83 127.73 108.87 14,721.69 143365 01/20/2011 002654 RANCHO FORD LINCOLN City vehicle repair/maint: Medics 175.46 MERCURY City vehicle repair/maint: Medics 77.24 252.70 143366 01/20/2011 004584 REGENCY LIGHTING Electrical supplies: various park sites 2,909.75 Electrical supplies: various park sites 665.28 Electrical supplies: various park sites 626.22 Electrical supplies: library/crc 147.68 Electrical supplies: various park sites 91.11 Electrical supplies: library 49.33 Electrical supplies: various park sites 38.98 Credit:items returned/various parks -2,343.78 2,184.57 143367 01/20/2011 003591 RENES COMMERCIAL Herbicide applications:City R -O -Ws 8,500.00 8,500.00 MANAGEMENT 143368 01/20/2011 003698 RIVERSIDE CO ECONOMIC Team Riverside Co 528140 500.00 500.00 143369 01/20/2011 000406 RIVERSIDE CO SHERIFFS 9/23/10-10/20/10:law enforcement 1,414,899.94 DEPT Nov '10 Booking Fees 3,291.00 1,418,190.94 143370 01/20/2011 013827 RYAN MONTELEONE Channel clean-up:Vallego 48,513.00 EXCAVATION INC Channel clean-up:Vallejo 5,178.00 53,691.00 143371 01/20/2011 013169 SCHINSKY, WILLIAM C. Dec exhibit id & cataloging:vail ranch 1,198.50 1,198.50 143372 01/20/2011 013992 SEM, PETER refund:Teach Yourself Korean Bk 23.94 23.94 Page4 apChkLst Final Check List Page: 5 01/20/2011 2:49:04PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 143373 01/20/2011 008529 SHERIFFS CIVIL DIV - CENTRAL 143374 01/20/2011 008529 SHERIFFS CIVIL DIV - CENTRAL 143375 01/20/2011 008529 SHERIFFS CIVIL DIV - CENTRAL 143376 01/20/2011 008529 SHERIFFS CIVIL DIV - CENTRAL 143377 01/20/2011 009213 SHERRY BERRY MUSIC Description Amount Paid Check Total SUPPORT PAYMENT 700.27 700.27 SUPPORT PAYMENT 200.00 200.00 SUPPORT PAYMENT 100.00 100.00 SUPPORT PAYMENT 100.00 100.00 Jazz © the Merc 01/06/11 Jazz © the Merc 01/13/11 143378 01/20/2011 000645 SMART& FINAL INC MISC SUPPLIES:CSD CANDYLAND PARTY 143379 01/20/2011 013993 SMITH, JUSTIN refund:sec dep:rm rental:TCC 143380 01/20/2011 002718 SO CALIF CITY CLERKS ASSN general mtg 1/27 M.Ballreich/G.Flores 143381 01/20/2011 000537 SO CALIF EDISON Jan 2-01-202-7330:LS-1 allnite Dec 2-01-202-7603:LS-1 allnite Dec 2-02-351-5281:CRC Dec 2-20-798-3248:42081 Main St Dec 2-28-171-2620:40820 Winchester Dec 2-10-331-2153:28816 Pujol St Dec 2-30-608-9384:28582 Harveston Dec 2-29-974-7899:26503 Ynez LS -3 143382 01/20/2011 002366 STEAM SUPERIOR CARPET CLEANING 143383 01/20/2011 001505 STEFFEN, SUE 143384 01/20/2011 003840 STRONGS PAINTING 143385 01/20/2011 010046 TEMECULA VALLEY CONVENTION & 143386 01/20/2011 010276 TIME WARNER CABLE 143387 01/20/2011 013688 TORREY PINES BANK Carpet cleaning srvcs:mpsc 12/7 reimb:misc supplies/city mgr dept Painting srvcs:wedding chapel Nov 10 Bus. Impry District Asmnts Jan high speed intemet:32364 overland acct# 4110170281 Edge/Civic Cntr 0607 378.00 283.50 661.50 85.72 85.72 150.00 150.00 80.00 80.00 76,317.30 27,965.29 4,102.28 856.42 684.51 623.19 503.12 196.11 385.00 94.56 350.00 91,142.95 44.95 111,248.22 385.00 94.56 350.00 91,142.95 44.95 10,933.17 10,933.17 Pages apChkLst Final Check List Page: 6 01/20/2011 2:49:04PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143388 01/20/2011 000325 UNITED WAY United Way Charities Payment 143389 01/20/2011 004261 VERIZON 143390 01/20/2011 004848 VERIZON SELECT SERVICES INC 143391 01/20/2011 013985 WORDEN, TAYLOR B. 62.00 62.00 Jan xxx-1341 gen usage:Theater 347.72 Jan xxx-3910 gen! usage:1 st St irrig 40.87 Jan xxx-9661 general usage 40.87 Jan xxx-1941 gen usage:PTA CD TTACSD 37.45 Dec long distance phone svcs Dec long distance phone svcs Dance Grant participant 10/27/10 143392 01/20/2011 013994 YE, YUN QIN refund:Comp Jr Tennis 1407.101 58.46 19.67 300.00 466.91 78.13 300.00 30.00 30.00 Grand total for UNION BANK OF CALIFORNIA: 2,811,677.84 Pages apChkLst Final Check List Page: 7 01/20/2011 2:49:04PM CITY OF TEMECULA 80 checks in this report. Grand Total All Checks. 2,811,677.84 Page:7 apChkLst Final Check List Page: 1 01/27/2011 10:57:24AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1633 01/25/2011 003577 CALIF STATE BOARD OF sales & use tax return: Jan -Dec '10 7,457.00 7,457.00 1634 01/24/2011 000444 INSTATAX (EDD) UI & ETT 4th qtr '10 2,649.60 2,649.60 143393 01/27/2011 008552 ADKINS DESIGN CONSULTING Dec graphic design svc:Theater 1,845.16 1,845.16 143394 01/27/2011 009374 ALLEGRO MUSICAL VENTURES piano tuning: theater 170.00 170.00 143395 01/27/2011 006915 ALLIES PARTY EQUIPMENT equip rental: winterfest 188.59 188.59 143396 01/27/2011 011954 BAKER & TAYLOR INC (69) BOOK PURCHASE: LIBRARY 1,620.83 1,620.83 143397 01/27/2011 002541 BECKER CONSTRUCTION guardrail repair:rainbow cyn rd 3,415.00 SRVS INC storm drain maint:john warner rd 3,765.00 7,180.00 143398 01/27/2011 002363 C C PO A '11 CCPOA mb:Salazar/Thomas 60.00 60.00 143399 01/27/2011 005321 CALIF ASSOC OF CODE Undst Foreclosure/Compl:Cole, T 25.00 25.00 143400 01/27/2011 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 58.15 58.15 143401 01/27/2011 004971 CANON FINANCIAL SERVICES, Jan copier leases: Library 2,836.52 2,836.52 INC 143402 01/27/2011 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,318.48 1,318.48 143403 01/27/2011 005417 CINTAS FIRST AID & SAFETY First aid supplies:PW vehicles 336.63 336.63 143404 01/27/2011 000442 COMPUTER ALERT SYSTEMS alarm repair:pd mall storefront 80.00 80.00 143405 01/27/2011 013286 CONNEXON TELECOM INC Dec emergency routing svc 320.00 320.00 143406 01/27/2011 013379 COUSSOU, CELINE TCSD Instructor Earnings 240.10 240.10 143407 01/27/2011 013560 CROWN BUILDING MAINT CO Dec janitorial svc:pd old town 250.00 INC Dec janitorial svc:harveston park 131.84 Dec janitorial svc:city facilities 4,077.02 4,458.86 Pagel apChkLst Final Check List Page: 2 01/27/2011 10:57:24AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 143408 01/27/2011 012600 DAVID EVANS & ASSOCIATES DEC CNSLT SVC:BUTTERFIELD STG INC RD 143409 01/27/2011 003962 DAVID NEAULT ASSOCIATES NOV DESIGN SVC:MARG RD INC RIGHT/VVAY 143410 01/27/2011 003945 DIAMOND ENVIRONMENTAL Jan restroom svc:VaiI Ranch pk SRVCS 143411 01/27/2011 004192 DOWNS COMMERCIAL FUELING INC Amount Paid Check Total 1,236.10 1,236.10 3,750.00 3,750.00 52.88 52.88 Fuel for City vehicles: Code Enf/Pln 397.81 Fuel for City vehicles: TCSD 1,754.00 Fuel for City vehicles: B&S 263.38 Fuel for City vehicles: CC/Info Sys 77.33 Fuel for City vehicles: PW LD/npdes 140.22 Fuel for City vehicles: PW Traffic 279.29 Fuel for City vehicles: PW CIP 219.30 Fuel for City vehicles: PW Maint 1,447.33 4,578.66 143412 01/27/2011 002390 EASTERN MUNICIPAL WATER Jan water meter:39569 Serahina Rd 24.57 24.57 DIST 143413 01/27/2011 013730 ECORP CONSULTING INC Sept bio study:walcott estates 7,000.00 7,000.00 143414 01/27/2011 000165 FEDERAL EXPRESS INC 12/7-20 city express mail services 353.35 353.35 143415 01/27/2011 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 1/21 408.10 408.10 143416 01/27/2011 010326 G E MOBILE WATER, INC Dec power washer maint:Stn 73 128.33 128.33 143417 01/27/2011 003946 G T ENTERTAINMENT DJ/MC svc: winter wonderland 350.00 350.00 143418 01/27/2011 013932 GIRL SCOUTS OF SAN refund:Santa's light parade 4444.201 25.00 25.00 GORGONIO Page:2 apChkLst Final Check List Page: 3 01/27/2011 10:57:24AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143419 01/27/2011 000177 GLENNIES OFFICE PRODUCTS OFFICE SUPPLIES: MPSC 47.27 INC OFFICE SUPPLIES: CRC Office supplies: Finance Office Supplies: Records Mgmt Office Supplies: Info Sys OFFICE SUPPLIES: PW OFFICE SUPPLIES: TCSD Office Supplies: City Clerk Office supplies: B&S Office supplies: Planning Office Supplies: Fire Office supplies: CM 143420 01/27/2011 000175 GOVERNMENT FINANCE gfoa mb 3/11-2/12:GR/RG/PB/HS OFFICERS 143421 01/27/2011 000186 HANKS HARDWARE INC Hardware supplies: Theater Hardware supplies: CH/Civic Ctr MISC HARDWARE SUPPLIES: TVM Hardware supplies: Code Enf/BS Hardware supplies: TCSD Parks Hardware supplies: Info Sys HARDWARE SUPPLIES: PW TRAFFI, Hardware supplies: Aquatics Hardware supplies: Library Hardware supplies: Maint Facility Hardware supplies: Ch Museum Hardware supplies: CRC Hardware supplies: PW Maint Hardware supplies: Fire 143422 01/27/2011 013758 HENRY, JOE Theater performance: 2/4/11 143423 01/27/2011 004811 HEWLETT PACKARD LCD MONITORS:TRAFFIC OPS CENTER 107.46 28.55 124.43 35.06 201.18 1,482.30 255.51 78.17 55.41 1,443.45 295.75 4,154.54 840.00 840.00 19.88 895.38 9.78 26.15 851.84 70.27 117.90 12.69 54.19 47.15 132.39 205.37 258.48 813.37 3,514.84 3,500.00 3,500.00 3,557.33 3,557.33 143424 01/27/2011 010210 HOME DEPOT SUPPLY INC, misc tools/equip: civic center 109.78 THE misc tools/equip: civic center 802.10 911.88 143425 01/27/2011 001517 HORIZON HEALTH DEC EAP SVCS: HR 734.80 credit:billing Dec units 159 not 167 -35.20 699.60 143426 01/27/2011 013645 I C E ENGINEERING DEC CONST: JEDEDIAH SMITH RD 156,355.75 156,355.75 143427 01/27/2011 013695 INLAND EMPIRE SHRED IT 1/10 DOC SHRED SVC:PD MALL 15.00 OFFICE 1/3 doc shred svc: Civic Ctr 50.00 65.00 Page:3 apChkLst Final Check List Page: 4 01/27/2011 10:57:24AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 143428 01/27/2011 003571 INTL ASSN OF PLUMBING AND '10 CA plmb/mech code cf 2/18:MT Amount Paid Check Total 165.00 165.00 143429 01/27/2011 003571 INTL ASSN OF PLUMBING AND '10 CA plmb/mech code cf 2/17:HO 165.00 '10 CA plmb/mech code cf 2/17:JY 165.00 '10 CA plmb/mech code cf 2/17:BC 165.00 495.00 143430 01/27/2011 012285 JOHNSTONE SUPPLY misc maint supplies: crc 95.43 95.43 143431 01/27/2011 001091 KEYSER MARSTON Dec cnslt svc:affordable housing 4,130.01 4,130.01 ASSOCIATES INC 143432 01/27/2011 004062 KUSTOM SIGNALS INC equip repair & maint:radar lidar 218.00 218.00 143433 01/27/2011 012945 LABELLE- MARVIN INC Dec material tst svc:Santiago Rd 2,547.50 2,547.50 143434 01/27/2011 004176 LEVEL 3 COMMUNICATIONS 1/15-2/4 Long distance & Internet svcs 741.00 741.00 L LC 143435 01/27/2011 003726 LIFE ASSIST INC MEDICAL SUPPLIES: PARAMEDICS 255.03 credit: returned product -18.29 MEDICAL SUPPLIES: PARAMEDICS 368.46 MEDICAL SUPPLIES: PARAMEDICS 68.09 MEDICAL SUPPLIES: PARAMEDICS 822.97 1,496.26 143436 01/27/2011 013967 MAILCOM MAILING SERVICES Bus Lic Renewal Mailing 2011 3,712.85 3,712.85 143437 01/27/2011 004141 MAINTEX INC 143438 01/27/2011 005816 MARAIA, LAURA J. 143439 01/27/2011 004307 MARINE BIOCHEMISTS cleaning & maint supplies:prks/mpsc/crc 540.03 Vacuum:civic center 2,120.61 2,660.64 refund:Multisport Camp 1825.202 40.00 40.00 Jan water maint srvcs:Hary/Duck Pond 143440 01/27/2011 013311 MATERIAL HANDLING SUPPLY Maint supplies: csd INC Maint supplies: csd 143441 01/27/2011 000944 MCCAIN TRAFFIC SUPPLY INC credit:billing adj/PB1127 & PB1129 DEC PURCH & INSTALL:TRAFFIC SI( DEC PURCH & INSTALL:TRAFFIC SIc 143442 01/27/2011 009606 MGT OF AMERICA INC State mandate cost claim srvcs:fin 3,900.00 3,900.00 69.95 80.71 150.66 -177.84 38,067.37 16,194.92 54,084.45 6,400.20 6,400.20 Page:4 apChkLst Final Check List Page: 5 01/27/2011 10:57:24AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 143443 01/27/2011 012264 MIRANDA, JULIO C. Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 143444 01/27/2011 013724 MITCHELL CONSTRUCTION Res Impry Prgrm: Bobst 143445 01/27/2011 001214 MORNINGSTAR Spotlight & tech srvcs:holiday parade PRODUCTIONS, LLC 143446 01/27/2011 002139 NORTH COUNTY TIMES Dec newspaper subscr:MPSC Amount Paid Check Total 143447 01/27/2011 003964 OFFICE DEPOT BUSINESS SVS PRINTING SRVCS:FINANCE/INFO SYS DIV PRINTING SRVCS:PLANNING PRINTING SRVCS:PLANNING PRINTING SRVCS:FINANCE Office supplies:childrens museum PRINTING SRVCS:PUBLIC WORKS PRINTING SRVCS:PUBLIC WORKS Misc office supplies:pd mall office Misc office supplies:pd mall office Misc office supplies:pd old town office Misc office supplies:pd mall office Business cards:K-9 Dep. Cramer PRINTING SRVCS:FIRE PREVENTIO PRINTING SRVCS:CITY COUNCIL/EC PRINTING SRVCS:FINANCE/CITY CC 143448 01/27/2011 003964 OFFICE DEPOT BUSINESS SVS Computer supplies:police DIV 402.50 252.00 42.00 696.50 1,800.00 1,800.00 622.05 622.05 29.90 29.90 786.62 183.68 128.80 108.66 25.19 144.41 699.22 173.51 104.92 19.25 41.81 50.98 36.88 1,136.23 133.90 3,774.06 57.58 57.58 143449 01/27/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:City Mgr 375.31 City Vehicle Maint Svcs:City Mgr 143450 01/27/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD 143451 01/27/2011 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PW MAINT CITY VEHICLE MAINT SVCS:PW MAI CITY VEHICLE MAINT SVCS:PW MAI CITY VEHICLE MAINT SVCS:PW MAI City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:PW CIP 270.09 645.40 309.36 192.16 36.57 177.61 36.57 36.57 36.57 104.75 267.97 80.07 36.57 36.57 788.84 562.50 Page:5 apChkLst 01/27/2011 10:57:24AM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 143452 01/27/2011 002105 OLD TOWN TIRE & SERVICE 143453 01/27/2011 013692 PATIO WORLD 143454 01/27/2011 006389 PAULSON PAINTING 143455 01/27/2011 013955 POTOCZAK, CHRISTINE 143456 01/27/2011 003697 PROJECT DESIGN CONSULTANTS 143457 01/27/2011 009066 RADAR SHOP INC, THE 143458 01/27/2011 000262 RANCHO CALIF WATER DISTRICT 143459 01/27/2011 000947 RANCHO REPROGRAPHICS 143460 01/27/2011 004584 REGENCY LIGHTING 143461 01/27/2011 003591 RENES COMMERCIAL MANAGEMENT 143462 01/27/2011 002110 RENTAL SERVICE CORPORATION 143463 01/27/2011 004498 REPUBLIC INTELLIGENT 143464 01/27/2011 000411 RIVERSIDE CO FLOOD CONTROL 143465 01/27/2011 001592 RIVERSIDE CO INFO TECHNOLOGY (Continued) Description Amount Paid Check Total City Vehicle Maint Svcs:Bldg & Safety Patio Funiture:civic center Res Impry Prgm: Issleib reimb:high hopes prgm supplies 11/8-12/19 dsgn srvcs:mur creek RADAR GUN MAINT & REPAIR:POLICE Dec var water meters:TCSD svc Iev C Jan 01-04-47210-0:41951 Moraga Rd Dec 01-31-61237-2:calle elenita Indscr Dec var water meters:30650 Pauba Dec var water meters:30650 Pauba rd Jan water meters:30875 rncho vista Dec var water meters:TCSD & PW Reprographic srvs:pavement rehab Electrical supplies:harveston lake/parks Electrical supplies:theater Herbicide applications:City ROW'S Rental equip:old town new years eve Dec traffic signal repair & maint:PW Dec street light maint:old town & bridge Nov encroachment permit:S.Gertrudis Dec radio rentals:police/prk rngrs 47.43 4,260.58 375.00 160.23 7,817.62 675.00 6,129.61 58.87 17.61 17.19 155.99 421.04 953.21 127.89 637.08 117.80 11,475.00 82.66 936.03 483.48 100.87 1,550.19 143466 01/27/2011 013998 ROSAS, ALEX refund:belly dancing 3001.101 48.00 47.43 4,260.58 375.00 160.23 7,817.62 675.00 7,753.52 127.89 754.88 11,475.00 82.66 1,419.51 100.87 1,550.19 48.00 Page:6 apChkLst Final Check List Page: 7 01/27/2011 10:57:24AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 143467 01/27/2011 013827 RYAN MONTELEONE EXCAVATION INC Description Amount Paid Check Total Storm drain maint:via lobo rd 44,540.00 Road maint & repairs:liefer rd 4,342.00 Road maint & repairs:liefer rd 1,835.00 50,717.00 143468 01/27/2011 009196 SACRAMENTO THEATRICAL MISC LIGHTING SUPPLIES: THEATER 194.48 194.48 LIGHTING 143469 01/27/2011 010089 SECURITAS SECURITY SRVCS Dec security srvcs:Harv. Lake Park 910.00 910.00 USA 143470 01/27/2011 009213 SHERRY BERRY MUSIC Jazz a@ the Merc 01/20/11 472.50 472.50 143471 01/27/2011 009746 SIGNS BY TOMORROW Sign for Civic Center Prkg Structure 27.19 27.19 143472 01/27/2011 000645 SMART & FINAL INC SUPPLIES: DOG HOUSE PROGRAM 122.35 122.35 143473 01/27/2011 000537 SO CALIF EDISON Dec 2-26-887-0789:28757 Harveston 1,593.28 DEC 2-30-296-9522:31035 RANCHO l 400.29 Dec 2-27-560-0625:32380 deerhollow 2,664.69 Dec 2-30-099-3847:29721 Ryecrest 21.84 Dec 2-31-419-2659:26706 Ynez TC1 90.55 Dec 2-29-974-7568:26953 Ynez TC1 58.65 Dec 2-28-331-4847:32805 Pauba LS3 288.10 Jan 2-28-904-7706:32329 overland LS: 254.88 Dec 2-00-397-5059:Comm Sery Utl 7,053.42 12,425.70 143474 01/27/2011 001212 SO CALIF GAS COMPANY Jan 055-475-6169-5:PBSP 83.96 Jan 015-575-0195-2:32211 wolf vly 486.08 570.04 143475 01/27/2011 002503 SOUTH COAST AIR QUALITY FY 10/11 oper. fees:City Hall 293.21 FY 10/11 emissions fees:City Hall 109.00 402.21 143476 01/27/2011 000519 SOUTH COUNTY PEST Pest control services: rrsp 1/11 84.00 CONTROL INC Pest control: crc 12/10 124.00 208.00 143477 01/27/2011 005786 SPRINT Nov 26 -Dec 25 cellular usage/equip 5,384.66 5,384.66 143478 01/27/2011 012789 STUART, JENNIFER SARAH TCSD Instructor Earnings 2,633.75 2,633.75 143479 01/27/2011 013387 SWEEPING UNLIMITED INC Jan sweeping srvcs:parking garage 500.00 500.00 143480 01/27/2011 010924 T & D COMMUNICATIONS, INC. Cabling:ice rink in Old Town 1,379.22 1,379.22 Page:7 apChkLst Final Check List Page: 8 01/27/2011 10:57:24AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 143481 01/27/2011 010493 TEMECULA TOWNE CENTER Feb lease pmt: Police Mall Storefront ASSOC LP Amount Paid Check Total 1,458.33 1,458.33 143482 01/27/2011 013997 TEMECULA VALLEY GIRLS refund:Tournt dep:PHBSP ball field 1,000.00 1,000.00 143483 01/27/2011 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:food pantry 458.22 458.22 CENTR 143484 01/27/2011 011090 TEMECULA VALLEY Transportation srvcs:mpsc 10/18 212.40 212.40 TRANSPORTATION 143485 01/27/2011 010276 TIME WARNER CABLE Feb high speed internet:MPSC 44.95 Feb high speed internet:41000 main st 3,475.63 Jan high speed internet:32211 wolf vly 102.17 3,622.75 143486 01/27/2011 013999 TOBAN, YANETH refund:sec dep:rm rental:CRC 150.00 150.00 143487 01/27/2011 004145 TW TELECOM Jan City phones general usage 5,721.62 5,721.62 143488 01/27/2011 004261 VERIZON Jan xxx-0074 general usage 216.66 Jan xxx-5275 gen usage:Tem PD DSL 39.05 Jan xxx-5072 general usage 1,743.90 Jan xxx-8573 general usage 37.65 Jan xxx-5473 gen usage:Moraga Rd 37.65 Jan xxx-0073 general usage 90.66 Jan xxx-2372 gen usage:wlf crk pk irrig 37.55 Jan xxx-0682 gen usage:OT sound sys 215.89 Jan xxx-7562 gen usage:lrrig controller 39.79 Jan xxx-3143 gen usage:PD overind of 45.49 Jan xxx-0714 gen usage:PD mall alarrr 66.54 Jan xxx-3564 general usage 37.75 Jan xxx-6084 general usage 36.45 2,645.03 143489 01/27/2011 004789 VERIZON ONLINE 143490 01/27/2011 013613 WORTHINGTON, PAULA 143491 01/27/2011 014000 YBARRA, LISA Jan -Feb Internet svcs:Library 114.82 Jan -Feb Internet svcs:Tem PD DSL 42.99 Jan -Feb Internet svcs:City Hall 269.99 427.80 reimb:candyland/father-daughter dance 126.00 126.00 refund:sec dep:rm rental:TCC 150.00 150.00 Grand total for UNION BANK OF CALIFORNIA: 440,732.31 Page:8 apChkLst Final Check List Page: 9 01127/2011 10:57:24AM CITY OF TEMECULA 101 checks in this report. Grand Total All Checks: 440,732.31 Page:9 Item No. 4 Approvals City Attorney Director of Finance City Manager ,44 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: February 8, 2011 SUBJECT: City Treasurer's Report as of December 31, 2010 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of December 31, 2010. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of December 31, 2010. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of December 31, 2010 Investments Par Value City of Temecula, California Portfolio Management Portfolio Summary December 31, 2010 Market Value Book % of Value Portfolio Term City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA, 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments 38,872,237.27 1.00 42,223,234.55 14,000,000.00 20,71 7,000.00 115,812,472.82 38,872,237.27 1.90 42,279,502.01 14,185,940.90 20,969,91 5.28 38,872,237.27 1.00 42,223,234.55 14,000,090.00 20,688,461.52 33.57 0.00 36.47 12.09 17.87 116,297, 695.56 115,783,934.34 100.00% 1 1 1 1,441 802 1 1 1 1,103 313 0.434 0.090 0.456 1.974 1.635 0.440 0.000 0.462 2.002 1.657 318 190 0.843 0.854 Cash and Accrued Interest Passbook/Checking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments 3,966,811 65 119,779,284.47 3,966,811.65 3,966,811 65 7.01 7.01 3,966,818.66 3,966,818.66 120,264, 514.22 119,750,753.00 1 1 0.000 0.000 318 190 0.843 0.854 Total Earnings December 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return [ 20_i7 119,875, 094.52 0.80% Reporting period 12/01/2010-12/31/2010 Run Date: 01/31/2011 -15:56 674, 66575 137, 034, 459.32 0.98% Portfolio TEME CP PM (PRF_PM1) SymRept6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2010 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 26.14 26.14 26.14 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 63.72 63.72 63.72 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 106.74 106.74 106.74 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 4,530.51 4,530.51 4,530.51 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 2,118.47 2,118.47 2,118.47 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 1.09 1.09 1.09 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 4.48 4.48 4.48 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.43 0.43 0.43 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 75,444.17 75,444.17 75,444.17 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 4,229.47 4,229.47 4,229.47 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 5,102.18 5,102.18 5,102.18 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 4.23 4.23 4.23 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 4,175.50 4,175.50 4,175.50 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 367.94 367.94 367.94 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 1,179,993.25 1,179,993.25 1,179,993.25 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 81,818.43 81,818.43 81,818.43 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 8.66 8.66 8.66 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 8.18 8.18 8.18 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 5,261.74 5,261.74 5,261.74 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 15.75 15.75 15.75 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 2.31 2.31 2.31 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 10.29 10.29 10.29 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.04 0.04 0.04 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 12.92 12.92 12.92 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 730.91 730.91 730.91 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 01/31/2011 - 15:56 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP Investment # Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2010 Purchase Date Par Value Market Value Page 3 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 107886001 107886000-2 107886018-3 107886010-2 107886016-2 107886030-2 107886027-2 107886020-2 107886028-2 107886026-2 SYSRDA 10 DS 1 SYSRDA 10A CIP2 136343018-2 136343000-1 94432360-2 94432363 793593011-1 793593009-1 793593007-1 793593010-1 793593006-3 122216008 122216003-1 107886008-1 107886018-2 107886030-1 107886027-1 107886028-1 107886026-1 107886006 94434166 SYS95453516-1 RDA 06 CIPA2 RDA 06 PRIN RDA O6A INT2 RDA 06B CIP3 RDA O6B INT2 RDA 06B RES2 RDA 07 CAPI2 RDA 07 ESC2 RDA 07 INT2 RDA 07 PROJ2 RDA 07 RES2 RDA 10 DS 1 RDA 10A CIP2 RDA 10B CIP2 RDA 16B-INT1 TCSD COP INT 02001 03-2-1 ACQUI 03-2-1 EMWD 03-2-1 IMPRO 03-2-1 PW AD 03-2-3 RESER CITY COP CIP CITY COP RE1 RDA 06 CIP-1 RDA 06 CIP-2 RDA 07 CAP -1 RDA 07 ESC -1 RDA 07 PRO -1 RDA 07 RES -1 RDA 06 RES A RDA TABS RES 95453516-1 First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury Financial Security Assurance CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun MBIA Surety Bond MBIA Surety Bond USBANK Subtotal and Average 38,608,364.30 07/01/2010 07/01/2010 07/01/2010 07/01/2010 07/01/2010 07/01/2010 07/01/2010 07/01/2010 07/01/2010 0.00 0.00 0.00 0.00 0.00 0.00 245,900.14 245,900.14 0.00 0.00 202,115.00 202,115.00 0.00 0.00 0.00 0.00 0.00 0.00 1,913.54 1,913.54 0.00 0.00 0.00 0.00 19,394.96 19,394.96 2,531.10 2,531.10 0.00 0.00 0.00 0.00 1.00 1.00 28,984,371.36 28,984,371.36 1,563,369.42 1,563,369.42 115, 907.97 115,907.97 308,508.52 308,508.52 3, 608, 960.51 3,608,960.51 0.00 0.00 791,836.06 791,836.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 558,449.03 558,449.03 1,104,938.11 1,104,938.11 1.00 1.00 1.00 1.00 0.00 0.00 38,872,237.27 38,872,237.27 0.00 0.00 0.00 245, 900.14 0.00 202,115.00 0.00 0.00 0.00 1,913.54 0.00 0.00 19,394.96 2,531.10 0.00 0.00 1.00 28,984,371.36 1,563,369.42 115,907.97 308,508.52 3,608,960.51 0.00 791,836.06 0.00 0.00 0.00 0.00 558,449.03 1,104,938.11 1.00 1.00 0.00 38,872,237.27 0.462 0.462 0.462 0.462 0.462 0.462 0.462 0.462 0.462 0.462 0.462 0.462 0.462 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.456 0.462 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.434 0A40 1 Letter of Credit 104348006-1 Run Date: 01/31/2011 - 15:56 02008 ASSURANCE CO BOND INSURANCE Subtotal and Average 1.00 07/01/2010 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2010 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 731,458.96 731,458.96 731,458.96 0.462 0.456 0.462 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,885,779.79 3,885,779.79 3,885,779.79 0.462 0.456 0.462 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 927,827.52 927,827.52 927,827.52 0.462 0.456 0.462 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.462 0.456 0.462 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.462 0.456 0.462 1 SYSCITY CITY CA Local Agency Investment Fun 4,532,252.96 4,540,931.54 4,532,252.96 0.462 0.456 0.462 1 SYSRDA RDA CA Local Agency Investment Fun 18,209,870.27 18,244,739.44 18,209,870.27 0.462 0.456 0.462 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,267,717.43 1,267,717.43 1,267,717.43 0.462 0.456 0.462 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 547.37 547.37 547.37 0.462 0.456 0.462 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,025,112.84 6,025,112.84 6,025,112.84 0.462 0.456 0.462 1 SYSTCSD TCSD CA Local Agency Investment Fun 6,642,667.41 6,655,387.12 6,642,667.41 0.462 0.456 0.462 1 Subtotal and Average 44,618,395.84 42,223,234.55 42,279,502.01 42,223,234.55 0.456 0.462 1 Federal Agency Callable Securities 31331J2P7 01156 Federal Farm Credit Bank 11/17/2010 1,000,000.00 989,340.00 1,000,000.00 1.250 1.233 1.250 1,416 11/17/2014 31331J4T7 01159 Federal Farm Credit Bank 12/16/2010 1,000,000.00 997,310.00 1,000,000.00 1.350 1.332 1.350 1,080 12/16/2013 3133XVF63 01147 Federal Horne Loan Bank 10/26/2009 1,000,000.00 1,013,440.00 1,000,000.00 2.100 2.071 2.100 846 04/26/2013 3133724V3 01158 Federal Home Loan Bank 12/30/2010 1,000,000.00 995,620.00 1,000,000.00 1.125 1.110 1.125 1,094 12/30/2013 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,138,740.00 2,000,000.00 4.000 3.945 4.000 800 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,070,280.00 1,000,000.00 4.000 3.945 4.000 816 03/27/2013 31398AYN6 01134 Federal National Mtg Assn 07/28/2009 1,000,000.00 1,013,760.00 1,000,000.00 3.000 2.959 3.000 1,304 07/28/2014 3136FJNN7 01148 Federal National Mtg Assn 11/18/2009 1,000,000.00 1,013,720.00 1,000,000.00 2.000 1.973 2.000 1,417 11/18/2014 3136FPNTO 01153 Federal National Mtg Assn 10/18/2010 1,000,000.00 993,880.00 1,000,000.00 0.625 0.616 0.625 1,021 10/18/2013 3136FPPR2 01154 Federal National Mtg Assn 10/14/2010 1,000,000.00 989,330.00 1,000,000.00 1.150 1.134 1.150 1,199 04/14/2014 3136FPQV2 01155 Federal National Mtg Assn 10/28/2010 1,000,000.00 990,230.00 1,000,000.00 1.000 0.986 1.000 1,123 01/28/2014 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 978,770.00 1,000,000.00 1.125 1.110 1.125 1,432 12/03/2014 31398A7A4 01160 Federal National Mtg Assn 12/30/2010 1,000,000.00 1,000,620.00 1,000,000.00 1.300 1.282 1.300 1,094 12/30/2013 Subtotal and Average 12,225,806.45 14,000,000.00 14,185,040.00 14,000,000.00 1.974 2.002 1,103 Federal Agency Bullet Securities 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 2,014,520.00 1,993,700.00 2.625 2.703 2.740 110 04/21/2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,023,250.00 998,140.00 3.500 3.514 3.563 275 10/03/2011 31331Y3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,017,670.00 999,000.00 3.625 3.610 3.661 195 07/15/2011 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,032,570.00 997,500.00 2.250 2.284 2.316 940 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,029,160.00 1,000,000.00 2.150 2.121 2.150 765 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,016,390.00 1,000,000.00 1.550 1.529 1.550 653 10/15/2012 3133XRRU6 01101 Federal Horne Loan Bank 07/03/2008 1,000,000.00 1,016,980.00 998,570.00 3.625 3.626 3.676 181 07/01/2011 3133XSWM6 01124 Federal Horne Loan Bank 01/23/2009 1,000,000.00 1,017,360.00 1,000,000.00 2.100 2.071 2.100 387 01/23/2012 Run Date: 01/31/2011 - 15:56 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2010 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 3133XTN85 01125 Federal Horne Loan Bank 05/07/2009 1,000,000.00 1,009,470.00 1,000,000.00 1.500 1.479 1.500 310 11/07/2011 3133XTXC5 01130 Federal Home Loan Bank 06/11/2009 1,000,000.00 1,024,910.00 1,000,000.00 2.250 2.219 2.250 527 06/11/2012 3133XVEM9 01150 Federal Horne Loan Bank 11/04/2009 1,000,000.00 1,018,130.00 1,000,000.00 1.625 1.603 1.625 690 11/21/2012 3133XVRS2 01151 Federal Home Loan Bank 11/16/2009 1,000,000.00 1,005,900.00 999,750.00 1.000 0.998 1.012 361 12/28/2011 313588CM5 01-2RESA10 Federal National Mtg Assn 09/09/2010 440,785.00 440,714.47 440,361.36 0.200 0.203 0.206 59 03/01/2011 31358BCM5 01-2REXB10 Federal National Mtg Assn 09/09/2010 202,860.00 202,827.54 202,665.03 0.200 0.203 0.206 59 03/01/2011 313588CM5 01-2SPTAX10 Federal National Mtg Assn 09/09/2010 136,950.00 136,928.09 136,818.37 0.200 0.400 0.406 59 03/01/2011 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,018,680.00 991,250.00 1.750 2.024 2.052 587 08/10/2012 313588CM5 03-01 RESA10 Federal National Mtg Assn 09/09/2010 864,730.00 864,591.64 863,898.91 0.200 0.203 0.206 59 03/01/2011 31358BCM5 03-01 RESB10 Federal National Mtg Assn 09/09/2010 223,160.00 223,124.29 222,945.52 0.200 0.203 0.206 59 03/01/2011 313588CM5 03-01 SPTAX10 Federal National Mtg Assn 09/09/2010 153,125.00 153,100.50 152,977.83 0.200 0.203 0.206 59 03/01/2011 31358BCM5 03-02LC10 Federal National Mtg Assn 09/09/2010 1,671,155.00 1,670,887.62 1,669,548.85 0.200 0.203 0.206 59 03/01/2011 313588CM5 03-04PRE10 Federal National Mtg Assn 09/09/2010 4,060.00 4,059.35 4,056.10 0.200 0.203 0.206 59 03/01/2011 31358BCM5 03-04RED10 Federal National Mtg Assn 09/09/2010 10,405.00 10,403.34 10,395.00 0.200 0.203 0.206 59 03/01/2011 313588CM5 03-04RES10 Federal National Mtg Assn 09/09/2010 96,550.00 96,534.55 96,457.21 0.200 0.203 0.206 59 03/01/2011 31358BCM5 03-06RES10 Federal National Mtg Assn 09/09/2010 338,200.00 338,145.89 337,874.96 0.200 0.203 0.206 59 03/01/2011 313588CM5 03-06SPTAX10 Federal National Mtg Assn 09/09/2010 55,860.00 55,851.06 55,806.31 0.200 0.203 0.206 59 03/01/2011 31358BCM5 03-1 ACQ 10 Federal National Mtg Assn 12/15/2010 13,000.00 12,997.92 12,994.74 0.200 0.392 0.397 59 03/01/2011 313588CM5 03-3RES10 Federal National Mtg Assn 09/09/2010 2,173,200.00 2,172,852.29 2,171,111.34 0.200 0.203 0.206 59 03/01/2011 31358BCM5 03-3SPTAX10 Federal National Mtg Assn 09/09/2010 332,960.00 332,906.73 332,639.99 0.200 0.203 0.206 59 03/01/2011 Subtotal and Average 20,686,363.50 20,717,000.00 20,960,915.28 20,688,461.52 1.635 1.657 313 Run Date: 01/31/2011 - 15:56 Total and Average 119,875,094.52 115,812,472.82 116,297,695.56 115,783,934.34 0.843 0.854 190 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash December 31, 2010 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 6 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2010 1,637,552.70 1,637,552.70 1,637,552.70 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula SYSFIex Ck Acct Flex Ck Acct Union Bank of California SYSGen Ck Acct Gen Ck Acct Union Bank of California SYSParking Ck PARKING CITA Union Bank of California 07/01/2010 2,810.00 2,810.00 2,810.00 0.000 0.000 1 07/01/2010 30,822.45 30,822.45 30,822.45 0.000 0.000 1 2,288,319.83 2,288,319.83 2,286,319.83 0.000 0.000 1 07/01/2010 7,306.67 7,306.67 7,306.67 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 7.01 7.01 1 Subtotal 3,966,818.66 3,966,618.66 Run Date: 01/31/2011 - 15:56 Total Cash and Investments 119,875,094.52 119,779,284.47 120,264,514.22 119,750,753.00 0.843 0.854 190 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Cash and Investments Report CITY OF TEMECULA Through December 31, 2010 Fund Total 001 GENERAL FUND $ 26,502,326.52 100 STATE GAS TAX FUND 397,245.48 101 STATE TRANSPORTATION FUND 599,311.03 120 DEVELOPMENT IMPACT FUND 3,892,291.87 150 AB 2766 FUND 554,469.21 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 11,083,562.42 170 MEASURE A FUND 7,779,302.51 190 TEMECULA COMMUNITY SERVICES DISTRICT 881.39 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 72.83 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 234,895.92 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 10,386.52 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 136,147.35 197 TEMECULA LIBRARY FUND 819,838.31 210 CAPITAL IMPROVEMENT PROJECT FUND 11,986,486.25 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,636,892.66 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 1,009,645.95 277 CFD-RORIPAUGH 30,748,424.57 280 REDEVELOPMENT AGENCY - CIP PROJECT 248,732.65 300 INSURANCE FUND 825,384.50 310 VEHICLES FUND 969,464.19 320 INFORMATION SYSTEMS 716,626.28 330 SUPPORT SERVICES 381,670.16 340 FACILITIES 284,818.18 370 CITY 2008 COP'S DEBT SERVICE 794,857.88 380 RDA DEBT SERVICE FUND 1,944,140.15 390 TCSD 2001 COPS DEBT SERVICE 98,923.71 460 CFD 88-12 DEBT SERVICE FUND 33,175.63 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 803,345.00 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,259,132.92 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 121,428.17 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,818,069.85 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 412,123.36 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 7,830,011.16 501 SERVICE LEVEL "C" ZONE 1 SADDLEWOOD 0.05 502 SERVICE LEVEL "C" ZONE 2 WINCHESTER 21,230.20 503 SERVICE LEVEL "C" ZONE 3 RANCHO HIGHLAND 7,859.54 504 SERVICE LEVEL "C" ZONE 4 VINEYARDS 0.09 506 SERVICE LEVEL "C" ZONE 6 WOODCREST 1,929.98 509 SERVICE LEVEL "C" ZONE 9 RANCHO SOLANA 9,026.94 510 SERVICE LEVEL "C" ZONE 10 MARTINIQUE 126.34 511 SERVICE LEVEL "C" ZONE 11 MEADOWVIEW 0.06 512 SERVICE LEVEL "C" ZONE 12 VINTAGE HILLS 0.95 516 SERVICE LEVEL "C" ZONE 16 TRADEWINDS 40,502.34 517 SERVICE LEVEL "C" ZONE 17 MONTE VISTA 0.08 519 SERVICE LEVEL "C" ZONE 19 CHANTEMAR 25,506.78 520 SERVICE LEVEL "C" ZONE 20 CROWNE HILL 47,106.12 521 SERVICE LEVEL "C" ZONE 21 VAIL RANCH 12.20 522 SERVICE LEVEL "C" XONE 22 SUTTON PLACE 0.08 523 SERVICE LEVEL "C" ZONE 23 PHEASENT RUN 4,259.59 524 SERVICE LEVEL "C" ZONE 24 HARVESTON 60,779.13 525 SERVICE LEVEL "C" ZONE 25 SERENA HILLS 2.37 526 SERVICE LEVEL "C" ZONE 26 GALLERYTRADE 0.07 527 SERVICE LEVEL "C" ZONE 27 AVONDALE 0.06 528 SERVICE LEVEL "C" ZONE 28 WOLF CREEK 77,020.47 529 SERVICE LEVEL "C" ZONE 29 GALLERYPORT 2,475.43 530 SERVICE LEVEL "C" ZONE 30 FUTURE ZONES 32,590.77 Grand Total: $ 120,264,514.22 Item No. 5 Approvals City Attorney Director of Finance City Manager Ole -r CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: February 8, 2011 SUBJECT: Transportation Uniform Mitigation Fee (TUMF) Community and Environmental Transportation Accountability Program (CETAP) Funding Agreement for the State Route 79 South/Interstate 15 Ultimate Interchange Project (Agreement No.11-72-041-00) PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Approve the attached $5.4 million TUMF CETAP Funding Agreement between the Riverside County Transportation Commission (RCTC) and the City of Temecula for the Construction of the State Route 79 South/Interstate 15 Ultimate Interchange Project (Agreement No. 11-72-041-00); and 2. Authorize the City Manager to execute the Agreement BACKGROUND: The State Route 79 South/Interstate 15 (SR 79 South/I-15) Ultimate Interchange Project will modify the existing freeway interchange and ramp system to improve access at the 1-15 and Temecula Parkway/SR 79 South intersection. The existing southbound off -ramp will be replaced with a new far side exit loop ramp, which is paired with a new southbound on-ramp, and a new bridge structure to accommodate the configuration of the new off -ramp. The northbound off -ramp will be widened to provide four (4) lanes at the ramp intersection. The northbound on-ramp will be widened to provide a three (3) lane ramp meter entrance at the ramp intersection and a two (2) lane entrance to the 1-15. Total construction costs are currently estimated at $24.3 million. The existing construction budget identifies $8.9 million from the SAFTEA-LU and Senate Bill 621 (Indian Gaming) programs, a $10 million contribution from the Pechanga Band of Luiseno Indians, and over $5.4 million from the TUMF Regional Arterial program. However, due to the economic downturn and its impact on development, the current TUMF Regional Arterial program does not have sufficient revenues to obligate $5.4 million for this project, and no other resources are available to fill the void created by the deficiency in TUMF Regional Arterial funds. As a result, the City appealed to RCTC for consideration in utilizing TUMF CETAP funds to bridge the $5.4 million gap in construction funding. The Community and Environmental Transportation Acceptability Process, or CETAP, is a component of the larger Riverside County Integrated Project (RCIP), a comprehensive planning process to determine the future placement of roads, buildings, and open space within Riverside County. The TUMF CETAP funding program represents revenues that were made available to RCTC through the implementation of the TUMF program to fund equally the Regional Arterial System and development of New Transportation Corridors identified in CETAP. To receive TUMF funding, CETAP corridors must also be designated on the TUMF Regional System of Highways and Arterials. The CETAP "Winchester to Temecula Corridor" segment extends from the I-15/SR 79 South interchange northward to the 1-15/1-215 split and on to the 1-215, terminating at Newport Road. RCTC staff was very receptive of the City's request and acknowledged their support in funding construction activities that are eligible for CETAP funds and meet the intention of providing mobility improvements within the Winchester to Temecula Corridor. At its Commission Workshop in January 2010, RCTC committed to working with the City to explore all funding options for the construction of Phase 1. On September 8, 2010, RCTC formally approved the recommendation to program $5.4 million of TUMF CETAP funds as a replacement for the previous TUMF Regional Arterial funds, and authorized the execution of the attached agreement with the City for the construction of the Phase 1 improvements. The project is scheduled to begin construction in FY 2011-12, however all programmed funding sources will be evaluated during the coming CIP budget process. The commencement of construction will depend upon the viability of all programmed funding sources. FISCAL IMPACT: Upon City Council approval and execution of the attached agreement, the City may submit invoices to RCTC for the reimbursement of TUMF CETAP funds up to $5.4 million for costs associated with the right-of-way, relocation of utilities, and construction of the SR 79 South/1-15 Ultimate Interchange Project. This agreement with RCTC for TUMF CETAP funds replaces the construction funding previously programmed within the TUMF Regional Arterial program. ATTACHMENTS: TUMF CETAP Agreement (Agreement No.11-72-041-00) Agreement No. 11-72-041-00 AGREEMENT FOR THE FUNDING OF TUMF REGIONAL COMMUNITY ENVIRONMENTAL TRANSPORTATION ACCEPTABILITY PROCESS CORRIDOR IMPROVEMENTS ON THE REGIONAL SYSTEM OF HIGHWAYS AND ARTERIALS WITH THE CITY OF TEMECULA FOR THE SR 79 SOUTH @ I-15 ULTIMATE INTERCHANGE PROJECT 1. Parties and Date. 1.1 This Agreement is executed and entered into this _ day of , 2011, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and the CITY OF TEMECULA ("City"). RCTC and City are sometimes collectively referred to herein as the "Parties". 2. Recitals. 2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5. 2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). 2.3 The Plan requires cities and the County in western Riverside County to participate in a Transportation Uniform Mitigation Fee (TUMF) Program to be eligible to receive Local Streets and Roads funds generated by Measure A. 2.4 The Plan further requires that the first $400 million in revenues from TUMF be made available to RCTC to fund equally the Regional Arterial System and development of New Transportation Corridors identified through the Community and Environmental Transportation Acceptability Process (CETAP). To receive TUMF funding, CETAP corridors must also be designated on the Regional System of Highways and Arterials as established in the October 2002 TUMF Nexus Study, as most recently amended in October 2009, and as may be amended in the future. 2.5 The Western Riverside Council of Governments (WRCOG) has been selected to administer the overall TUMF Program pursuant to applicable state laws including Government Code 17336.01200\5800098.1 1 Sections 66000 et seq. and has entered into a Memorandum of Understanding (MOU) with RCTC dated July 10, 2003, and revised on September 10, 2008 regarding the allocation of the TUMF Regional Funds to be made available to RCTC for programming. 2.6 RCTC intends, by this Agreement, to distribute TUMF Regional Funds, identified by RCTC for CETAP corridors, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein. 3. Terms. 3.1 Description of Work. This Agreement is intended to distribute TUMF Regional Funds allocated to CETAP Corridors to the City for right of way acquisition and construction (the "Work") on the State Route 79 South @ I-15 Ultimate Interchange Project (the "Project"). The Work, including a timetable and a detailed scope of work, and the Project, including a depiction of the Project from the Project plans, are more fully described in Exhibit "A" attached hereto. The Work is, pursuant to Section 3.15 below, subject to modification as requested by the City and approved by RCTC. 3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Five Million Four Hundred Thousand Dollars ($5,400,000), to be used exclusively for reimbursing the City for eligible Work expenses as described herein ("Funding Amount"). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute TUMF Regional Funds in excess of the maximum TUMF share for the phase/project identified in Appendix F of the TUMF Nexus Study. 3.2.1 Eligible Work Costs. The total Work costs ("Total Work Cost") may include the following items, provided that such items are included in the scope of work attached as Exhibit "A": (1) City and/or consultant costs associated with direct Work coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Work; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the City, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by City or consultants; (7) City costs associated with bidding, advertising and awarding of the Work contracts; (8) construction costs, including change orders to construction contract approved by the City; and (9) construction management, field inspection and material testing costs. 3.2.1.1 Right -of -Way Acquisition. The Parties acknowledge that in order to protect the City's ability to deliver the Project in a timely cost effective manner, the City may purchase parcels ofproperty in advance of the completion of the Project's final design (PS&E). The Parties acknowledge that acquired parcels or remnants purchased in advance of final design may not ultimately be required for the Project. Upon completion of the Project's final design, the City shall 17336.01200\5800098.1 2 provide RCTC with a detailed list of all parcels purchased by the City for which it received TUMF Regional Funds pursuant to this Agreement. The City shall identify any parcels or remnants thereof which were acquired using TUMF Regional Funds and are not required for construction of the Project. A preliminary list shall be submitted to the RCTC 30 days before the issuance of bid documents for construction of the Project and a final list shall be submitted to the RCTC no later than 30 days following the recording of the Certificated of Completion for the Project. 3.2.1.2 Valuation and Repayment of Any Property Remnants. Upon receipt of the City's final list, RCTC shall meet with the City for the purpose of identifying any parcel or reasonably usable remnant of a parcel for which TUMF Regional Funds were expended that may reasonably be developed for other use by the City and/or sold. The Parties shall confer in good faith to agree upon the disposition of such parcels and remnant parcels and their fair market value as of a date agreed to by the parties, but in no event later than the date of completion of the Project. "Fair Market Value" shall have the definition set forth in Code of Civil Procedure Section 1263.320 and "remnant" shall have the definition set forth in Code of Civil Procedure Section 1240.410. Nothing herein shall preclude the City and RCTC from beginning the meetings earlier in the event both parties agree that the parcel or remnant will not be used for the Project. 3.2.1.3 Reimbursement for Unused Parcels. Following recordation of the Certificate of Completion for the Project, the City shall be responsible for promptly reimbursing RCTC for any TUMF Regional Funds which were used to acquire parcels which are completely unused in the Project. If City funds other than TUMF were used to purchase the Parcel, those local funds shall be considered in determining the reimbursement amount. 3.2.1.4 Appeal to Commission. In the event of a disagreement between the Parties regarding the reimbursement of TUMF Regional Funds under this section 3.2.1, either party may appeal, in writing, to the RCTC Board. The RCTC Board's determination regarding excess right-of-way and value pursuant to this section shall be final. 3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit "A". 3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC's sole discretion, be augmented with additional TUMF Regional Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Work. Any such increase in the Funding Amount must be approved in writing by RCTC's Executive Director. In no case shall the amount of TUMF Regional Funds allocated to the City exceed the then -current maximum eligible TUMF share for the Work. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC's Executive Director. 17336.01200\5800098.1 3 3.2.4 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by TUMF Regional Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with TUMF Regional Funds except as needed for staged construction of the Work. 3.3 City's Funding Obligation to Complete the Work. In the event that the TUMF Regional Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit "A". 3.3.1 City's Obligation to Repay TUMF Regional Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any TUMF Regional Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required. 3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit "A": (i) development and approval of plans, specifications and engineer's estimate (PS&E), environmental clearance, right of way acquisition, and obtaining all permits required by impacted agencies prior to commencement of the Work ; (ii) all aspects of bidding, awarding, and administration of the contracts for the Work; (iii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iv) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including TUMF Regional Funds. 3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, "including full repayment of TUMF Regional Funds to RCTC as provided herein". All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 3.6 Representatives of the Parties. RCTC's Executive Director, or his or her designee, shall serve as RCTC's representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Shawn D. Nelson, City Manager, or his or her designee, as the City's representative to RCTC. The City's representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all 17336.01200\5800098.1 4 activities of the Work under the City's responsibility. The City shall work closely and cooperate fully with RCTC's representative and any other agencies which may have jurisdiction over or an interest in the Work. 3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures. However, the City understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the City's sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement. 3.8 Review of Services. The City shall allow RCTC's Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met. 3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below. 3.9.1 Termination for Convenience. 3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof. 3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all TUMF Regional Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City TUMF Regional Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non -terminating party of the amounts due it under this Section 3.9.1.2. 3.9.2 Termination for Cause. 3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. 17336.01200\5800098.1 5 3.9.2.2 Effect of Termination for Cause. In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City TUMF Regional Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination. In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all TUMF Regional Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non -terminating party of the amounts due it under this Section 3.9.2.2. 3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work. 3.12 Indemnification. 3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the City or its subcontractors. The City will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the City. 3.12.2 RCTC Responsibilities. RCTC agrees to indemnify and hold harmless the City, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of RCTC or its sub -consultants. RCTC will reimburse the City for any expenditures, including reasonable 17336.01200\5800098.1 6 attorneys' fees, incurred by the City, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of RCTC. 3.12.3 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work. RCTC's review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City's negligent performance of this Agreement or supervision of any services provided to complete the Work. 3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last. 3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall: 3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; 3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and 3.13.1.3 Contain standard separation of insured provisions. 3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. 17336.01200\5800098.1 7 3.13.4 Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 3.14 Procedures for Distribution of TUMF Regional Funds to City. 3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City's payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly. 3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC's decision as to the eligibility of one or more invoices to RCTC's Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City's submittal of invoices to RCTC and RCTC's consideration and payment of submitted invoices are set forth in Exhibit "B", attached hereto. 3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum eligible TUMF share of the Work, as determined by the TUMF Nexus Study, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC. 3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of ROTC's Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC's Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work. 3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may 17336.01200\5800098.1 8 be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.17 Limited Scope of Duties. RCTC's and the City's duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work. 3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 3.21 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: 17336.01200\5800098.1 9 City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Shawn D. Nelson City Manager RCTC Riverside County Transportation Commission 4080 Lemon, 3rd Floor Mailing address: P.O. Box 12008 Riverside, CA 92501 ATTN: Executive Director Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. 3.28 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 3.29 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 17336.01200\5800098.1 10 RIVERSIDE COUNTY TRANSPORTATION COMMISSION City of Temecula By: By: Gregory S. Pettis Chair APPROVE AS_T-O,1 O. By: Bes : eger to the Riverside County nsportation Commission 17336.0120015800098.1 11 Shawn D. Nelson City Manager ATTEST: By: Susan W. Jones MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson City Attorney The Project: EXHIBIT "A" SCOPE OF WORK, FUNDING AND TIMETABLE State Route 79 @ I-15 Ultimate Interchange The Project will modify the existing interchange and ramp system to improve access at the Interstate I-15 and Temecula Parkway/State Route 79 South intersection. The existing southbound off -ramp will be replaced with a new far side exit loop ramp, which is paired with a new southbound on- ramp, and a new bridge structure to accommodate the configuration of the new off -ramp. The northbound I-15 off -ramp will be widened in order to provide four (4) lanes at the ramp intersection. The northbound on-ramp will be widened to provide a three (3) lane ramp meter entrance at the ramp intersection and a two (2) lane entrance to the I-15. Scope of Work: Right -of -Way Phase: Utility Relocation — All work involved in the protection, removal, and/or relocation of utility facilities necessary to clear and certify the Right of Way. This work includes coordination with utility companies to identify conflicts, establish liability, study altematives, and develop relocation plans, as well as performing right of way engineering, appraisals, and acquisitions necessary for physical relocation. It also includes physical relocation activities such as construction contract advertising and awarding, construction, construction management, inspection, and material testing. Construction Phase: All work involved in constructing the freeway, local road, and interchange improvements described above. Activities include construction contract advertising and awarding, construction, construction management, inspection, and material testing. FUNDING: PHASE TUMF CETAP LOCAL OTHER TOTAL RIGHT OF WAY $1,400,000 $ $ $1,400,000 CONSTRUCTION $4,000,000 $ $18,900,000* $22,900,000 TOTAL $5,400,000 $ $18,900,000 $24,300,000 *Represents a combination of State Indian Gaming Revenues (SB621); Federal SAFTEA-LU funds; and Pechanga Band of Luiseno Indian contributions 12 17336.01200\5800098.1 TIMETABLE: 17336.01200\5800098.1 13 START END PA&ED FEB 2005 OCT 2009 PS&E JAN 2009 JUN 2011 RJW JAN 2009 DEC 2012 CONS JUL 2011 DEC 2012 13 INDEX OF PLANS SHEET No. DESCRIPTION TITLE SHEET AND LOCATION MAP TYPICAL SECTIONS KEY MAP LAYOUTS PROF iLE5 PROFILES AND SUPERELEVATION DIAGRAMS CONSTRUCTION DETAILS TEMPORARY WATER POLLUTION CONTROL PLANS, DETAIL CONTOUR GRADING DRAINAGE PLANS, PROFILES & DETAILS UTILITY PLANS CONSTRUCTION AREA SIGNS STAGE CONSTRUCTION PLANS TRAFFIC HANDLING PLANS & QUANTITIES PAVEMENT DELINEATION PLAN, DETAILS & QUANTITIES SIGN PLANS, DETAILS & QUANTITIES SUMMARY OF QUANTITIES RETAINING WALL PLANS PLANT LIS_ HIGHWAY PLANTING PLANS IRRIGATION PLANS LANDSCAPE DETAILS ELECTRICAL PLANS REVISED & NEW STANDARD PLANS STRUCTURE PLANS STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROJECT PLANS FOR CONSTRUCTION ON STATE HIGHWAY & QUANTITIES X -X I-15/512-79 SOUTHBOUND OFF RAMP (SEP) Br No. 56-0653K THE STANDARD PLANS LIST APPLICABLE TO THIS CONTRACT 15 INCLUDED IN THE NOTICE TO BIDDERS AND SPECIAL PROVISIONS BOOK. BEGIN CONSTRUCTION Sta 160+40 PM 3.03 Begin Work Sta 150+00 To Esco0di00 IN RIVERSIDE COUNTY IN TEMECULA AT ROUTE 15/ 79 SEPARATION TO BE SUPPLEMENTED 80 STANDARD PLANS DATED MAY 2006 I -15/5R-79 SB OFF RANP (5EP BY= -No. 56-0653K BEGIN CONSTRUCTION Sta 90+00 PM 19.6 i9T5 ,351,3ct S1,"i'.[ ri 3.0/4.0, , t X% 19.6/19.8 Chi. iR/LR/t'8' COL End Work IIIk cR K $t0 220+00 _ d ROUTE 15 150 TE8ECULA CREEK UC 95% SUBMITTAL 12/06/2010 Sx TILL 0022655 THE SS 100 CLASSES) PE CIi IED IX INE "AO1I0E i0 BIOOEfl S:' 40 0 sd 4%. �O 2C0 _ R-79 UC TEMECULA END CONSTRUCTION Sta 110+00 PM 19.8 NO SCALE 200 NEC Rd T0' urrietE BEGIN CONSTRUCTION Sta 215+00 PM 4.07 FFENTEEFo [oix90190666EFTC LANS 2.202.2 0222 R80 CONSULTING CITY 0E TEMECULA 14725 ALTON P062 43200 BUSINESS Pk Dr!! IRVINE, CA 92618 TEMECULA CA 92589 CONTRACT No. 08-432304g PROJECT 10 0800000668 T.,, scrw 2 'ln 2010 02L TR irvs 6F.a 3. E )s: 41470//885.007.CA. COV/ UNIT 0000 I PROJECT NUMBER & PHASE 0800000668 1 EXHIBIT "A-1" GUIDANCE for COMPLETION OF EXHIBIT A The following list of items generally identified as eligible or ineligible for TUMF Regional Funding reimbursement are consistent with those used to develop the costs for improvements in the first NEXUS Study prepared by WRCOG. In general, all improvements, with the exception of sidewalks, must be within the curbs of the roadway and extend no further than the curb returns at intersections. In addition, all improvements on or connecting to interstate and state route facilities shall be consistent with Caltrans Highway Design Manual standards. Items which are typically considered eligible include: • Asphalt concrete pavement, up to 16' per lane, to accomplish a 12' travel lane and ancillary treatment and appropriate base materials • Concrete curb and gutter and associated drainage — paved roadway shoulders and swale may be used as a substitute • Class II Bike Lanes • Paved and painted 14' median, may be used as a dual left turn lanes • Traffic signals at intersections with state highways and major arterials which are also on the TUMF Network • Pavement striping and roadway signing as required. Items which are not typically considered eligible include: • Portland Cement pavement or other aesthetic pavement types (except at intersections) • Major rehabilitation or overlay of existing pavement in adjacent roadway lanes • Raised Medians • Parking Lanes • Landscaping • Lighting • Class I Bike Lanes 19336.01200\5800098.1 15 EXHIBIT "B" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. RCTC recommends that the City incorporate Exhibit `B-1", or substantially similar provisions, into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs. 2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC's Executive Director with a copy to RCTC's Programming and Planning Manager. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit `B-2". 3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. All documentation from the City's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "B-3". 4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit "B" and its attachments. 5. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice. 6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows: "I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed. Signed Title Date Invoice No. 17336.01200\5800098.1 16 7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on theWork; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC. 17336.01200\5800098.1 17 EXHIBIT "B-1" ELEMENTS OF COMPENSATION For the satisfactory perfouuance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT ) ($ INSERT NUMERICAL DOLLAR AMOUNT ) without written approval of City's City Engineer ("Total Compensation"). 1. ELEMENTS OF COMPENSATION. Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.) 1.1.2 MULIIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is , and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. 17336.01200A5800098.1 18 1.1.2.3 Overhead Costs The Decimal ratio of Allowable Overhead Costs to the Consultant Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIxED FEE. A Fixed Fee of shall be paid to Consultant for Consultant's complete and satisfactory performance of this Agreement and all Services required hereunder. City shall pay the Fixed Fee in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the City's Representative, or his or her designee. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE insert charges 1 Per Diem $ /day Car mileage $ /mile Travel $ /trip Computer Charges $_/hour Photocopies $/copy Blueline $ /sheet LD Telephone $ /call Fax $ /sheet Photographs $ /sheet Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City's office must have City's prior written approval to be reimbursed under this Agreement. 17336.01200\5800098.1 19 2. DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES Principal Project Manager Sr. Engineer/Planner Project Engineer/Planner Assoc. Engineer/Planner Technician Drafter/CADD Operator Word Processor sanaple_J $ .00 - $ .00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour 2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal. 3. INVOICING. 3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City's City Engineer with two (2) copies to City's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City's Representative. 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The 17336.01200\5800098.1 20 charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice. 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the film which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 4. PAYMENT 4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment. 17336.01200\5800098.1 21 EXHIBIT "B-2" SAMPLE COVER LE 11 ER TO RCTC Date Ms. Anne Mayer Executive Director Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the City of 's invoice for professional and technical services that was rendered by our consultants in connection with the TUMF Regional CETAP Corridor Improvements per Agreement No. effective (Month/Day/Year). The required support documentation received from each consultant is included as backup to the invoice. Invoice period covered is from Month/Day/Year to Month/Day/Year. Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the consultants listed. By: Name: Title: cc: 17336.01200\5800098.1 22 EXHIBIT "B-3" SAMPLE LETTER FROM CONTRACTOR TO CITY Month/Date/Year Attn: Accounts Payable Invoice # For [type of services] rendered by [contractor name] in connection with [name of project]. This is per agreement No. XX -XX -XXX effective Month/Date/Year. Invoice period covered is from Month/Date/Year to Month/Date/Year. Total Base Contract Amount: $000,000.00 Authorized Extra Work (if Applicable) $000,000.00 TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00 Total Invoice to Date: $000,000.00 Total Previously Billed: $000,000.00 Balance Remaining: $000,000.00 Amount Due this Invoice: $000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: Name: Title: 17336.01200\5800098.1 23 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/ City Engineer DATE: February 8, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for the Road Reconstruction at Jedediah Smith Road, Project No. PW09-10 PREPARED BY: Amer Attar, Principal Engineer — CI P Jon Salazar, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Road Reconstruction at Jedediah Smith Road, Project No. PW 09-10, 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; and 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On June 8, 2010, the City Council awarded a construction contract to ICE Engineering in the amount of $429,402.50 to complete the Road Reconstruction at Jedediah Smith Road, Project No. PW 09-10. The work for Road Reconstruction at Jedediah Smith Road project consisted of a base bid that included rehabilitating the pavement on Jedediah Smith Road between Temecula Parkway and Cabrillo Avenue; Additive Bid No. 1 which consisted of rehabilitating the pavement on Cabrillo Avenue between Jedediah Smith Road and Vallejo Avenue; and Additive Bid No. 2 which consisted of rehabilitating the pavement on Vallejo Avenue between Cabrillo Avenue and Ynez Road. On September 28, 2010, the City Council approved Contract Change Order Number 4. This change order approved additional pavement rehabilitation, slurry sealing, and roadway striping reconfiguration on Santiago Road between Ynez Road and Interstate 15 (1-15). This work was added to fully utilize the Proposition 1B funds, Transportation Bond/ Local Streets and Roads. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one (1) year from December 14, 2010, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Road Reconstruction at Jedediah Smith Road, Project No. PW 09-10 is identified in the City's Capital Improvement Program, Fiscal Year 2010-2011 and is funded with Proposition 1B funds, Transportation Bond/Local Street & Roads. The base amount of the construction contract was $429,402.50; contract change orders totaled $201,507.10, contract item under runs totaled $17,800.80, which results in the total cost of the project of $613,108.80. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street 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 41040 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to ICE Engineering, 19042 San Jose Avenue, City of Industry, CA. 91748 to perform the following work of improvement: ROAD RECONSTRUCTION AT JEDEDIAH SMITH ROAD, PROJECT NO. PW 09-10 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 February 8, 2011. That upon said contract The Hanover Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: ROAD RECONSTRUCTION AT JEDEDIAH SMITH ROAD, PROJECT NO. PW 09-10 6. The location of said property is: Jedediah Smith Road between Temecula Parkway and Cabrillo Avenue, Cabrillo Avenue between Jedediah Smith Road and Vallejo Avenue, Vallejo Avenue between Cabrillo Avenue and Ynez Road, and Santiago Road between Ynez Road and Interstate 15 (1-15), Temecula, California 92592. Dated at Temecula, California, this 8th day of February, 2011. City of Temecula STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss ) Susan W. Jones M MC, 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 8" day of February, 2011. City of Temecula Susan W. Jones MMC, City Clerk C:\Program Files \Neevia.Com\Document Converter\temp\989332. doc From: 6268106043 Page: 3/8 Date: 1/21/2011 12:45:53 PM 1- r om :1 UE ENGINEERING INC, ti ti 810 6U4S U1/21/2011 1 : Gb #2S4 p . UUS/UUn S r � BOND NUMBER: 1941164 PREMIUM INCLUDED IN ORIGINAL PERFORMANCE BOND CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO PWO9-10 ROAD RECONSTRUCTION AT JEDED1AH SMITH ROAD KNOW ALL PERSONS BY THESE PRESENT THAT: ICE ENGINEERING, INC., 19042 San Jose Ave., Unit L, City of Industry, CA 91748 NAME AND ADDRESS CONTRACTOR'S a CORPORATION hereinafter called Principal, and (fig in whether Corporation, Pat tie or flcrvidlia# THE HANQVER.INSURANCE COMP.NY,. 333 City Blvd. West,17th Floor, Orange,' CA 92868 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and limily bound unto CITY OF TElvIECUTA, hereinafter called OWNER, in the penal sum of SIXTY ONE THOUSAND THREE HUNDRED TEN AND 88/100 DOLLARS and GENTS ($ 61, 310.88 ) 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 underthe 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 O.BLIGATlON is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 8TH day of JUNE , 2010, 20DEX a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO PWO9- 10,ROAD RECONSTRUCTION. AT JEDEDIAH SMITH ROAD. 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 4.-1NHEREAS, the said Contract has been completed, and was the final esfi pproved on __-- ANIJARY -.11 .. Z011 2111Xx - w.• NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCK at if within one year from the date of approval of the final estimate, on said job pursuant to the Cc iract, the work doe under the terms of said Contract shall disclose poor' workmanship in the execution of said work, and the carrying 011t.:Of the. terms of said Contract, -:or it Shalt appear that:def ctive Materials were.: furnished thereunder, then this: obligation shall remain . in full4orce andtue, otherwise this •'` instrument shall be void.• As a part of the obligation secured herebyand in- addition :to the face amount specified_, cots and reasonable expenses and fees. shall be inctuded,: including reasonable-attomeys.fees incurred by the City of. Temecula insuc ssfully__enforcing this obligation, all .tri be taxed as costs and includedin anyjudgment rendered_ .. • klAiNTENANCE130NO This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: 6268106043 Page: 4/8 Date: 1/21/2011 12:45:53 PM 1-rom:lUE ENGINEERING 1NU. 626 81U 6U48 U1/21/2011 12:86 #2284 N.UU4'00n The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, .and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 11 day of JANUARY, 2011 2.1212X (Seal) SURETY THE HANOVER INSURANCE C By: YUNG T. MULLICK (Name) ATTORNEY -.IN -FACT APPROVED AS TO. FORM: Peter M. Thorson, City Attorney PRINCIPAL; ICE ENGINEERING, INC.,' By: R Theo Nguyen (Name) President (Title) f 6� Gordon Kline Jr. (Name) (Title . if 5^eeNtelty ) Attach Notarial Acknowtedgerr►ent or Jurat for both the Surety and Principal Scunatures MAINTENAIICE stD -- • .. J 'w This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com • From: 6268106043 Page: 5/8 Date: 1/21/2011 12:45:54 PM I-rom:lUL ENGINEERING INU. 626 81U 6U48 U1/21/2011 12:86 #2284 N.UUb/UU8 ALL-PTJRPOSE ACKNOWLEDGMENT State of California County of L0 s Pc. In s ' On oktAtAAtiki Ali '7 [ 1 , before me, 7,c oc j So , N � y ? t;b 1►� DATE personally appeared 4. V\ , who proved to me on the SS. basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TRACY SOOC COMM. # 1804694 m NOTARY W18UC.CA FFORNIA Y! Los ANGELES CONTY MY COMM. Elm. JUNE 28, 2012 PLACE NOTARY SEAL IN ABOVE SPACE 1 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. NOTARY'S SIGNATURE samesamEssimsonammiminimm OPTIONAL INFORMATION The information below is optional_ However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OFATTACH"F'D DOCUMENT /ate 4k TITLE OR TYPE OF DOCUMENT O INDIVIDUAL CORPORATE OFFICER oteati-s' ❑ PARTNER(S) 1 TITLE(S) ❑ ATTORNEY -1N -FACT ❑ TRUSTEE(S) O GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER 43 03 a 0 c. This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: 6268106043 Page: 6/8 Date: 1/21/2011 12:45:54 PM I-rom:lUL ENGINEERING INU. 626 81U 6U48 U1/21/2011 12:86 #2284 P.UU6/UU8 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los 1`4vl y-ZQS On A LO. vy 2-I, 2,00 DATE personally appeared SS. before me, gat C So0 . basis of satisfactory evidence to be comm .# 1804694 NOTARY r�uC ORsIA N ,. 3 Las A> ks CounIr — MY CORM. $XP. Jun 2$,.2©12 (idre( olA 141 i I& L j c . , who proved to me on the the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) O INDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) p ATTORNEY--IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: \L '. i s p1.'e4 k y TITLE(S) SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR. ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT RR Ik4' TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER 4 E 0 0. This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: 6268106043 Page: 7/8 Date: 1/21/2011 12:45:55 PM I-rom:lUL ENGINEERING INU. 626 81U 6U48 U1/21/2011 12:86 #2284 P.UU//UU8 ACKNOWLEDGMENT State of California County of Orange On JANUARY 11, 2011 before me, JENNIFER C. GIBONEY, Notary Public (insert name and title of the officer) personally appeared YUNG T. MULLICK who proved to me on the basis of satisfactory evidence to be the person() whose name() is/; subscribed to the within instrument and acknowledged to me that heMmalmy executed the same in his/bet/dmif authorized capacity(, and that by hisiituaddsetix signature(s) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF P paragraph is true and corre JURY under the laws of the State of California that the foregoing WITNESS my hand and; (Seal) JENNIFER C. MONEY 8 COW, • 1797084 NODE P CAI ORMA ;; ORANGE COUNT'?" E ,13 NyCgigiavinsMAY2,2012 This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: 6268106043 Page: 8/8 Date: 1/21/2011 12:45:55 PM I-rom:lUL LNGINLLHING INU. 626 81U 6U48 U1/21/2011 12:86 #2284 P.UU8/UU8 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint James W. Moilanen, Jennifer C. Glboney, Yung T. Mullick and/or P. Austin Neff of Mission Viejo, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attomeys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and. acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused, these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 29' day of April, 2010. 'ftiEHANOVER iI1S'JRANCE`COMPA3'tY '... MASSACHUSETTS•BAY:INSUNANCECC±MPANY ClTtZE SURANCE:COMPANY O!` AMERICA: THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 29th day of April 2010-, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. *WI Palt Coareamilli of ejYw Notary Pati& My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attomey and Certified Copies of such Powers of Attomey and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if alt signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 11 day of JANUARY , 20 11. - THE HANOVER OVER INSURANCE COMPANY MASSACHEISETTS BAY INSLIRAKE CA1APAt'4:' Ctl t a StNSt3..t Y: ERICA f Pres This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: 6268106043 Pae: 2/8 Date: 1/21/2011 12:45:53 PM 1- r om :1 I;;L LNG1NLLPANG 1N6. 626 810 6043 01/21/2011 12:86 #'' 4 P.002/008 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW09-10 ROAD RECONSTRUCTION AT JEDEDIAH SMITH ROAD This is to certify thatIc5E, ,\1n.5,2%►({hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, khat he/she/it has paid in full for all materials, supplies, labor, services, toots, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of its contract with the City of Temecula, with regard to the budding, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW09-10, ROAD RECONSTRUCTION AT JEDEDIAH SMITH ROAD, situated in the City of Temecula, State of California, more particularly described as follows: ROAD RECONSTRUCTION ON JEDEDIAH SMITH ROAD BETWEEN TEMECULA PARKWAY AND CABRILLO AVENUE, ON CABRILLO AVENUE BETWEEN JEDEDIAH SMITH ROAD AND VALLEJO AVENUE, AND ON VALLEJO AVENUE BETWEEN CABRILLO AVENUE AND YNEZ ROAD The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: I hi By: CONTRACTOR 6,3r " i, LIP % Print Name and Title RELEASE" . .::. R-1 .. _ \CT\PROJECEST i\ 1 badirocawn at keytun ssmiat l -11) gpacadac This fax was received by GFI FAXmaker fax server. For more information, visit: http://vvww.gfi.com Item No. 7 Approvals City Attorney Director of Finance City Manager etOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: February 8, 2011 SUBJECT: First Amendment to Professional GIS Consulting Services Agreement to Enhance the City of Temecula's GIS Parcel and Centerline Data Layers PREPARED BY: John De Gange, GIS Administrator RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the First Amendment to an Agreement between the City of Temecula and D&W Consulting for Professional GIS consulting services in the amount of $5,650.00 and extending the term of the agreement to June 2011. BACKGROUND: On November 10, 2009 the City Council approved a Professional Consulting Services Agreement with D&W Consulting in the amount of $63,370.00 to enhance the city's GIS parcel and centerline layers (IS 09-02). This project has rectified the anomolies built into the geometric component of the County's GIS parcel and centerline data. During the later stages on the work for this project it was determined that all recorded lot line adjustmens and parcel mergers also needed to be included in the adjustments to these layers. This additional work will be perfomed by the consultant at a cost of $2,000.00. The second part of the amendment to this agreement is a request on behalf of the Community Development Department for 2,355 parcels to be added the orignal project to insure that areas adjacent to the Temecula sphere of influence which are under consideration for future annexation be added to the area being enhanced, at a cost of $3,650.00 for a total cost of $5,650.00. FISCAL IMPACT: Funds for this amended agreement have specifically been appropriated within the 2010-11 GIS Budget for Fiscal Year Budget as part of the Information Systems Internal Services fund. ATTACHMENTS: The First Amendment to the Professional Services Agreement with D&W Consulting FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND D & W CONSULTING PROFESSIONAL GIS CONSULTING SERVICES TO CORRECT INACCURACIES IN THE CITY OF TEMECULA'S GIS PARCEL AND CENTERLINE DATA LAYERS THIS FIRST AMENDMENT is made and entered into as of January 5, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and D & W Consulting, a Corporation, (hereinafter referred to as "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 November 10, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Professional GIS Consulting Services to correct inaccuracies in the City of Temecula's GIS Parcel and Centerline Data Layers", in the amount of SIXTY THREE THOUSAND THREE HUNDRED AND SEVENTY DOLLARS AND NO CENTS. ($63,370.00). b. The parties now desire to extend the term of the agreement to June 30, 2011, increase the payment in the amount of $5,650.00, revise the Written Notice section to notify Consultant of the Temecula City Hall address change, and amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2011 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4. of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: follows: "The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Five Thousand Six Hundred and Fifty Dollars ($5,650.00) for additional GIS Consulting Services for a total Agreement amount of Sixty Nine Thousand and Twenty Dollars ($69,020)." 4. Section 13 of the Agreement entitled "NOTICE" is hereby amended to read as "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 1 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 5. Exhibit `A' and `B' 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. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA D & W Consulting (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Jerry A. Wagner, President Ronald J. Wagner, Vice President D & W Consulting Jerry Wagner 1920 North Ukiah Upland, CA 91784 909 946 6477 jwagner@dwconsulting.biz 3 FSM Initials: Date: ATTACHMENT A PROFESSIONAL GIS CONSULTING SERVICES TO CORRECT INACCURACIES IN THE CITY OF TEMECULA'S GIS PARCEL AND CENTERLINE DATA LAYERS 4 D &WConsulting August 17, 2010 Mr. John Degange City of Temecula 43200 Business Park Dr Temecula, California 92589 Subject: New Parcels to be converted Mr. John Degange; D&W Consulting is pleased to be able to supply you with this proposal for a professional GIS consulting services to convert 2355 parcels surrounding the City and its sphere of influence. t The parcels to be converted are shown in orange. The same process will be used on these parcels that was used to convert the Gray area of the map. This project includes converting the parcels, tract boundaries, and centerlines. 1920 North Ukiah Way • Upland, California • 91784-1620 Phone: 909 946-6477 • Fax: 909 608-2066 www.dwconsulting.biz 5 — 2 — September 13, 2010 The City needs to pull the associated Tract/Parcel Maps (TMPM) approximately 198 and Assessor Parcels Maps (APM) for this project. Tract/Parcel Maps PM 10016 PM 14463 PM 10390 PM 14600 PM 10551 PM 14601 PM 10791 PM 14721 PM 10793 PM 14950 PM 10868 PM 14987 PM 10988 PM 15176 PM 11228 PM 15201 PM 11255 PM 15216 PM 11256 PM 15339 PM 11347 PM 15345 PM 11348 PM 15356 PM 11383 PM 15357 PM 11429 PM 15561 PM 11436 PM 15748 PM 11625 PM 15784 PM 11640 PM 15902 PM 11853 PM 16010 PM 11897 PM 16011 PM 11947 PM 16023 PM 12097 PM 16251 PM 12194 PM 16257 PM 12478 PM 16749 PM 12494 PM 16750 PM 12580 PM 16899 PM 12653 PM 17128 PM 12835 PM 17143 PM 12877 PM 17478 PM 12962 PM 17756 PM 13228 PM 17866 PM 13321 PM 17957 PM 13453 PM 17972 PM 13511 PM 18017 PM 13545 PM 18156 PM 13733 PM 18204 PM 13867 PM 18593 PM 13890 PM 18723 PM 14030 PM 18742 PM 14039 PM 18773 PM 14041 PM 19171 6 PM 19177 PM 19332 PM 19808 PM 19809 PM 20071 PM 20307 PM 20462 PM 20615 PM 20864 PM 21046 PM 21099 PM 21111 PM 21386 PM 21436 PM 21622 PM 21623 PM 21658 PM 21842 PM 21938 PM 22062 PM 22088 PM 22311 PM 22312 PM 22313 PM 22314 PM 22456 PM 22688 PM 23294 PM 23360 PM 23884 PM 24378 PM 24415 PM 24416 PM 24567 PM 24576 PM 24687 PM 24740 PM 24742 PM 24941 PM 25052 PM 25054 PM 25123 PM 25155 PM 25226 PM 25303 PM 25938 PM 26096 PM 26114 PM 26160 PM 26379 PM 26961 PM 27435 PM 27738 PM 28289 PM 28366 PM 28814 PM 29232 PM 29608 PM 29911 PM 30950 PM 31340 PM 31425 PM 31752 PM 31753 PM 32015 PM 32305 PM 32615 - 2 - September 13, 2010 PM 32888 PM 33656 PM 34701 PM 4867 PM 4895 PM 5065 PM 5136 PM 5341 PM 5463 PM 5506 PM 5613 PM 5891 PM 5977 PM 6336 PM 6428 PM 6465 PM 6564 PM 6835 PM 7335 PM 7566 PM 7837 PM 7885 PM 8811 PM 9374 PM 9375 PM 9543 PM 9639 PM 9743 TR 10429 TR 12129 TR 24831 TR 26050 TR 29473 TR 29473-1 TR 29554 TR 29554-1 TR 29554-2 TR 29554-3 TR 29554-4 TR 29554-5 TR 29851 TR 29962 TR 30347 TR 30347-1 TR 30347-2 TR 30347-3 TR 30885-1 TR 30885-2 TR 30885-3 TR 6410 SANTA CARMELITA VALE LA QUINTA UNIT 17 In addition to the TMPM's the City needs to pull APM's for the properties that do not have a TMPM. Assessor Parcel Maps 47217 91720 94302 94319 47218 91721 94303 94321 47601 91722 94305 94322 47602 91723 94306 94323 91707 91730 94307 94324 91708 91823 94309 94325 91709 92759 94311 94326 91710 92760 94312 95102 91711 94023 94313 95104 91718 94027 94314 95106 91719 94028 94318 95107 7 September 13, 2010 95109 95121 96525 96545 95110 95122 96527 96546 95114 95126 96530 96617 95115 96403 96539 96638 95117 96405 96544 The City needs to pull these APM's for the properties that have had a lot line adjustment. 47221 94317 95127 96629 47609 94320 95128 96630 47634 94327 96523 96631 91711 94328 96524 96632 92761 95103 96526 96634 94005 95105 96528 96635 94006 95108 96529 96637 94012 95111 96531 96639 94017 95112 96542 96640 94019 95116 96543 96641 94020 95118 96621 96642 94023 95119 96622 96643 94028 95120 96624 96645 94029 95123 96625 96646 94304 95124 96626 96647 94310 95125 96627 96648 94316 95126 96628 96649 D&W Consulting has evaluated the work and feel that we can to the work for the same per parcel cost as the original project. The original project was for 41,000 parcels and $63,370 or a per parcel cost of $1.55 per parcel. Our fee for this work is $3,650 and will take approximately six weeks to complete the work after receipt of the TMPM's and APM's. If you have any questions regarding this proposal, please do not hesitate to contact me at 909 210-9415. Sincerely, D�JI consulting A. Wagner 8 orisulting June 9, 201.0 Mr. John Degange City of Temecula 43200 Business Park Dr Temecula, California 92589 Subject: Phase 1, 2, and pilot areas lot line adjustment Mr. John Degange; D&W Consulting is pleased to be able to supply you with this proposal for a professional GIS consulting services to enter lot line adjustments to Phase 1 & 2 and the Pilot areas. During the project it was determined that not all of the lot line adjustments had been made. The City was having difficulties in obtaining digital lot line adjustment records. The only adjustments being made were ones identified by edit process where lot lines and fence lines from the ortho did not match. A meeting between D&W and City was held to resolve the issue before too much work moved forward. Phase 1 & 2 had already been delivered and phase 3 was in the edit process. The agreed upon process was to use a lot line adjust file from the Assessor's office to show where the Assessor's GIS team made lot line adjustments. The Assessor Maps were pulled to show these adjustments and the necessary changes would be made to the parcels. D&W adjusted our process to included the lot line adjust to the City at no additional cost for the 20,858 parcels in Phase 3 & 4. However, for Phase 1 & 2 and the Pilot areas, they would have to be reworked for an additional cost. D&W's cost to review and adjust the 19,259 parcels all ready completed is $2,000.00. If you have any questions regarding this proposal, please do not hesitate to contact me at 909 210-9415. Sincerely, consulting A. Wagner 1920 North Ukiah Way • Upland, California • 91784-1620 Phone: 909 946-6477 • Fax: 909 608-2066 9 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND D & W CONSULTING PROFESSIONAL GIS CONSULTING SERVICES TO CORRECT INACCURACIES IN THE CITY OF TEMECULA'S GIS PARCEL AND CENTERLINE DATA LAYERS (IS RFP No. 09-02) THIS AGREEMENT is made and effective as of November 10, 2009, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and D & W Consulting, a Corporation in the State of California, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 10, 2009, and shall remain and continue in eflect until tasks described herein are completed, but in no event later than January 1, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional year term. In no event shall the contract be extended beyond January 1, 2012. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in the Scope of Work attached herein as Attachment "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 City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Attachment "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 $63,370.00 unless additional payment is approved as provided in this Agreement. b. Consultant will submit invoices pursuant to the Payment Schedule attached herein as Attachment `B". 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 City disputes any of Consultants fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the 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 City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 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, City 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 City 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 ten (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 City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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 City 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 City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property 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 City. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City 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 City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. 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 City, 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. 12. 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 City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City 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 City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City of Temecula: To Consultant: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, California 92589-9033 -or- City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, California 92590 D & W Consulting Attention: Jerry A. Wagner 1920 North Ukiah Way Upland, CA 91784 14. 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 City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. 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. 16. GOVERNING LAW The City 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. 17. 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 Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. 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. 19. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: Maryann( d ards, Mayor ATTEST: APPROVED AS TO FORM: By: D & W Consulting (Teo Signatures if required by corporate papers) By: By: Peter M. Thorson, City Attorney agner, President Ronald J. Wagner, Vice President CONTRACTOR D & W Consulting Jerry Wagner 1920 North Ukiah Way, Upland, CA 91784 (909) 946-6477 jwauner@dwconsultino.biz ATTACHMENT A Tasks to be Performed / Scope of Work Scope of Work Professional GIS Consulting Services to Correct Inaccuracies in the City of Temecula's GIS Parcel and Centerline Data Layers IS 09-02 Task 1: Kick-off Meeting A kick-off meeting will be held at the beginning of the project. The key team players from D&W and the City will attend this meeting. The kick-off meeting has these goals to accomplish. o Introduction of the Project Team o D&W Consulting Team ❑ City of Temecula Team o Identify team members roles ❑ Project expectations ❑ Keys to project success o Review project approach o Determine Pilot area (Worst Area Possible) o Review Schedule o Schedule for picking up drawings o Conversion schedule o Review project milestones o Delivery schedule o Establish dates for monthly meetings o Invoicing and payments o Review PARS (problem and resolutions form) Task 2: Inventory Tract / Parcel Maps Verification and sorting shall be done for the received source data. The source condition and completeness will be checked in accordance to the check protocol. D&W requests that all maps be scanned in a PDF, jpeg, tiff image or other compatible format. D&W will maintain a separate GIS database to track the status of the maps at various stages of project. This database will be accessible to all the team members of the project. Tract / Parcel Maps that are missing will be identified for review with the City. D&W will meet with the City to locate missing maps. We will review the existing parcel base to determine the best approach for adjusting those parcels. Task 3: Conversion Specifications D&W Consulting will develop detailed conversion specifications for the conversion of the parcel base and centerlines. D&W will define the parameters of the conversion effort and the 1 tools required to carry out the work well in advance of the start of work. A review of the data requirements and source information will define the detail aspect and methodology of the conversion process. This review is important to the preparation for data entry, the modification of programs used for data entry, and the validation after entry has been completed. These constraints will be project/client specific and will be determined with the active participation of the client. A conversion specification document is prepared for the project and reviewed by the Project Team. The specifications reflects the agreed upon measures for data acceptance and cartographic standards by the City. The database design will address data fields associated with existing datasets, standards and requirements. This document contains information regarding data quality and specifies the acceptable data quality standards for digital deliverables. All delivered data will be evaluated on its degree of conformance to the database design, scope of work and fulfillment of the acceptance criteria. Comparison of delivered data will be against the source information supplied to D&W by the City of Temecula. Task 4: Pilot Project City staff and D&W will meet to review the Pilot Project specifications. A pilot area will be identified for the project. It is recommended that the pilot area be one that has considerable inaccuracies in the current parcel base and missing source documentation. This will allow D&W the opportunity to show the City the entire process of conversion. The pilot project will be reviewed in detail with the City to determine that the final product meets the needs of the City. Any changes or modifications will be discussed by the team for agreement on the best approach for moving forward. The pilot will be accepted by the City before the project moves forward. Task 5: Adjust Conversion Specifications The purpose of the pilot project is to determine if the resulting product meets the needs of the City. The conversion specifications are adjusted to any changes or modifications made during the pilot phase. The final document is reviewed with the City for their acceptance. Task 6: Conversion of the Remaining City Based on the success of the pilot project, the remaining portion of the City will undergo conversion. The process D&W will use is identified in the steps below. Step 1: COLO Tract / Parcel Map Boundaries and Creating Closure Report COGO techniques will be used to create the parcel basemap to ensure the degree of conformity of measurements to the true or actual value of the quantity being measured. The purpose of maintaining accuracy of the parcel basemap is to ensure a graphic feature within the database approximates the feature in the real world. The digitization 2 process will be done in COGO software in an Autodesk environment. In this step, tract/parcel map boundaries and parcel boundaries are created exactly as shown on the source map. The given Survey data are entered into a "COGO" program as a sequential set of bearings, distances, and curve parameters (radius, length, etc.). Each subdivision map and parcel boundaries are COGO'd into vector data using tract / parcel maps. If the sources are not available, other data determined by the City and D&W will be used for capturing parcel information. At this stage no attempt is made to correct any closure or other problems, which occurs with the data given on the source material. The data produced at this stage will be a digital representation of the information contained on the source maps (tract maps, parcel maps) for COLO. All data derived from Tract/Parcel Maps, and other source documents shall mathematically close within 1 part in 10,000, or 0.05', whichever is greater. This includes boundary, centerline, right-of-way, lot lines, and other lines as required. Q.A.: Once the traverse is completed, the software will generate the closure report for each traverse automatically. The generated report is linked to the document from which it was produced to serve as a basis for internal QA. Every COGO'd image will be cross-referenced to the closure documents. Step 2: Closing Subdivision and Parcel Boundaries Closure is performed on all of the subdivision and parcel boundaries in this step. The subdivision and parcel gets closed based on the data provided. We expect the following four situations may arise during this process. a) The subdivision and parcel is closed to .05 feet or 1:10000. In this case we will close the boundaries. b) The subdivision and parcel does not close within .05 feet or 1:10000 and if the error is repeated twice, then the allowable tolerance is (0.1). Using standard survey practices will solve such discrepancies. This will be done with the help of a Licensed Land Surveyor and/or Civil Engineer who can practice land surveying. The location, magnitude and justification of the created gap will be documented in the error report. c) The subdivision and parcel does not close to 0.1 (twice the allowable limit). This error will be treated as blunders and does not fall within the normal variances of surveying measurements or drafting measurements. In this case our technical team will make a resolution on how to close the subdivision and make a record of that resolution in a "flag" attribute field of the database. The resolution of the discrepancy will be informed to the city. 3 Q.A.: A program will run to verify the closures prior to progressing to the next step Step 3: COLO Centerlines In this stage, right of way, centerlines, original lot lines are captured. The digitized linear features are COGO'd into the vector data by using sub divisional tract maps and parcel maps. This stage involves in -filling the interior of the subdivision boundary framework created to this point. All lots and street centerlines are either COGO'd or computed using precision input. Q.A.: The technician checks all the line work classification. This ensures that all graphics are COGO'd and/or entered using computation methods according to the agreed upon accuracy standards. Step 4: Digitizing non-COGO features The purpose of this step is to convert the data that are remaining such as parcels without tract/parcel maps, by using heads up digitizing and adjusting the parcels to match the orthophotography. This stage will complete the capturing of all data from the images that can either be COGO'd or computed into place. Step 5: Quality Control of COLO and non-COGO data The most important aspects of any project is the quality of the finished product. In general, the quality must be as good as the original maps used to create the model. D&W has developed specific software tools for in-house use. These tools are developed with various techniques to assure uniformity of data input, value checking and graphic placement. The quality check process is divided into two methods, which include visual check and database check. Checking the data captured from the hard copy plot or monitor as appropriate by comparing one to one carries visual check. The database check is the one performed on the digital file for checking the validity of the attribute and consistency etc. In this process, a QC error report will be generated for error rating. If the error's fall within the allowable limit, then our engineers will modify the data and if the error's reach the limit then the file is rejected and it will go to the Digitization step for re -digitizing and correction. A program will be run to verify closures of COGO'd parcels and sub divisional boundaries prior to progressing to the next step. 4 Step 6: Adjusting data to the orthophotography The purpose of this step is to adjust the parcel data to the orthophotography. Mapping control points will be used to develop the base map. For this step control points will be pulled from the orthophotography for each tract. G&W will validate that the control points used in the analysis have been verified as being consistent with mapping control. Prepare plots of the area of conflict with symbols of the mapping control points to indicate the magnitude and direction of error. The County centerline will be adjusted to the COGO'd centerlines. This will allow for the attributes and segments to stay in tack. Q.A.: All files will be reviewed by a technician to ensure the correct scaling and rotation to the mapping control points. Step 7: Check-in the Control Points We will make a record of the locations of all control points prior to any adjustments. We will record the position of these points because they provide the primary method of controlling and constraining the remainder of the data. From this point, changes and adjustments to any COGO data will be precisely tracked. This will allow complete recreation of the data construction process. A check-in report has the X and Y locations of these points within plus or minus 2 feet prior to adjustment will be created. Errors within allowable tolerances will be adjusted to fit mapping control precisely. Step 8: Data Clean up The Purpose of this step is to correct dangles and overlaps within the Phase Area. Upon completion of data capture, this data will be cleaned with the required tolerance. Topological errors like duplicate features, dangles, pseudo nodes and others shall be identified and fixed. For this step internally developed tools such as dangle check, duplicate check and slivers check will be executed to ensure the required quality. a) If the error is less than the allowable tolerance, the subdivision will arbitrarily be adjusted to correct the overlap. b) If the error is more than the allowable tolerance, the gaps and overlaps will be systematically adjusted so that the error at any one point is not greater than the tolerance limit. in-house built tools will be used to distribute the difference evenly over an area so that any single distance between two points is not changed more than the allowable limit. 5 c) If the error is considered as a blunder, we will review the data to identify obvious blunders or errors. If we can confidently make a modification, we will do this and it will be documented. d) Finally, if the error is a blunder and we are unable to confidently resolve the problem, we will refer the situation to the City. Q.A.: The technician reviews the results of the Centroids Placer process to ensure that all lots have Centroids within them. Task 7: Delivery During the kick-off meeting D&W Consulting will schedule delivery meetings for delivering the parcels. There will be four deliveries made to the City. • Delivery 1 — Pilot project • Delivery 2 — First 10,000 parcels • Delivery 3 — Second 10,000 parcels • Delivery 4 — Third 10,000 parcels • Delivery 5 — Remaining parcels The deliveries will be scheduled so that the City has time to review and check all data before the next delivery. 6 Deliverables Over the course of the project D&W will make several deliverables to the City of Temecula. The deliverables will be as follows: o Schedule o Conversion Specifications o Pilot Geodatabase o Revised Conversion Specifications o PAR's o Final Geodatabase o Monthly Project Status Reports o Monthly Invoices ATTACHMENT B PAYMENT RATES AND SCHEDULE EXHIBIT B PAYMENT SCHEDULE Payment Schedule 10% $ 6,337.00 Payment made at beginning of project kickoff 20% $ 12,674.00 Payment made at the completion of the Pilot Project (Task 4) 20% $ 12,674.00 Payment at acceptance of/: of project completion 40% $ 25,348.00 Payment at completion and acceptance of project 10% $ 6,337.00 Payment within 30 days following completion and acceptance of services for the project 100% $ 63,370.00 Total Amount for Consulting Services Contract Consultant's price rate and units/project hours are specified within the scope of work o9-237 ACGI4E& CERTIFICATE OF LIABILITY INSURANCE OP ID KP DSWCO-1 DATE IMM/DD YYWI 11/02/09 PRODUCER MERIDIAN INSURANCE SERV. INC . 4501 E . LA PALMA AVE . STE . 150 ANAHEIM CA 92807 - Phone: 714-693-9100 Fax: 714-693-9108 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED DOW Consulting,Inc. Mr. Jerry A. Wgner 1920 North Ukiah Way Upland CA 91784 INSURER A: St. Paul /Travelers X INSURER B: State compensation Inc. Fund LIABILITY COMMERCIALGENERALLIABILITY INSURER C: 10/05/09 INSURER D: EACH OCCURRENCE INSURER E: X THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TNSRylDO'LPOLICY LTR INSRC TYPE OF INSURANCE NUMBER DATE EFFECTIVE (MM/DD/YY) POLICY EXPIRATION DATE (MMIDD/YY) LIMITS A X GENERAL LIABILITY COMMERCIALGENERALLIABILITY 6526H046 AM BEST A +15 10/05/09 10/05/10 EACH OCCURRENCE $ 1 , 000 , 000 . X PUAMAGSUHwtrUene $ 300,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 X Hired & Non -Owned PERSONAL BADV INJURY $ X GENERAL AGGREGATE $2,000,000/ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000. — POLICY PRO LOC ECT X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per acc(dent) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTOOTHERTHAN AUTO ONLY - EA ACCIDENT $ EA ACC $ AUTO ONLY'. AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ 7 $ —1 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 1767967-04 03/01/09 03/01/10 H H - X TORY LIMITS I UER E.L. EACH ACCIDENT $ 1,000,000 / E. L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION Computer services OF OPERATIONS 1 LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS processing,data preparation and processing CANCELLATION V"' V^ V`V` CITYOFT / SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR BE CANCELLED BEFORE THE EXPIRATION TO MAIL 30 DAYS WRITTEN City of Temecula /M� /1l` 6 W bib1' NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL Mr. John Degange - IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 43200 Business Park Dr. Temecula CA 92589 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kevin J. Cassidy / vaT,nu ,nob ACORD 25 (2001108) • ACO' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYV) 11/05/2009 PRODUCER 3K Insurance Solutions 27712 Pasatiempo Mission Viejo, CA. 92692 Kevin Cassidy 949-683-3903 THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC // INSURED D & W. Consulting, Inc. 1920 North Ukiah Way Upland, CA. 91784 INSURER A: Lloyds Of London INSURER B INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'❑ INSR d TYPE OF INSURANCE POLICY NUMBER NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION /Y DATE (MWODYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDA $ REN i ED PREMISES (Ea occurrence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: n JECT I LOC PRODUCTS - COMP/OP AGG $ nPOLICY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTOOTHER AUTO ONLY - EA ACCIDENT $ THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY CLAIMS MADE EACH OCCURRENCE $ nOCCUR AGGREGATE $ DEDUCTIBLE RETENTION $ $ _ $ WORKERS EMPLOYERS' ANY OFFICER/MEMBER (Mandatory II yes, SPFCIAL PROPRIETOR/PARTNER/EXECUTIVE describe COMPENSATION AND LIABILITY YIN EXCLUDED' WC STATU- I OTH TORY LIMITS ER EL. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ In NH) under PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER Professional Liability 11/05/2009 10/25/2010 Limit $ 1,000,000. ✓/ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Computer processing, data preparation and processing services. V ` City of Temecula Mr. John Degange 43200 Business Park Dr. Temecula, CA. 92589 /�+ / (t)- (0( b1 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE at- ACORD 25 (2009/01) ©1988.200 ACORD ORATION. All r is reserved. The ACORD name and logo are registered marks of ACORD 71- dq__259 ------, "® - - -- AEl .CERTIFICATE OF LIABILITY INSURANCE . DATE IMMIDD/YYYY) 1v01r2o10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE. DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE .POLICIES BELOW. THIS CERTIFICATE OF. INSURANCE DOES NOT. CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies. may -require an endorsement. A statement on this certificate does not conferrights to the certificate holder in lieu of such endorsement(s). PRODUCER : - - - - Meridian Insurance Services, Inc.PHONE o - - 4501 E. La Palma Ave ste.150. �jTi' . %%�� CONTACT . NAME:- Devin Cassidy - .. ... - .. .. - IA/C. No. Extl• 949-683-3903 - _ A1C. Not: 949-713-5911 EMAIL Aooaess: kcassidy(�cox•net J p Anaheim, CA. 92807 ' 01- lJ jiFeil ���C11,T - .. .. : A1f1V .0 ^010 .RooucFJT =Tip.. H:. ... ... INSURERS) AFFORDING COVERAGETrave INSURERA : Travelers Ins. Co. - - .'NAIC0 ._. 1 INSURED L D & W Consulting, Inc. f,' ,INSURER _ 'r / � 1920 Ukiah Way (atf;IAWCEI EnT INSURER a: (� f ' INSURER - - 10/05/2010 t Upland, CA. 91784 - - INSURER D : $ 1 1 1 111 1 INSURER E : - - - INSURER F : • REVISION NUMBER: vTHIS ,IS TO CERTIFY THAT THE POLICIES OF: INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. •NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT. WITH RESPECT. TO WHICH - THIS CERTIFICATE MAY BE•ISSUED OR -MAY PERTAIN; THE INSURANCE AFFORDED BY THE•POLICIES-DESCRIBED HEREIN .15 SUBJECT TO ALL THE TERMS, . -EXCLUSIONS AND CONDITIONS:OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . ITR - TYPE OF INSURANCE AINBR SUER WVD : .POLICY NUMBERPOUCY EFF IMMIDD/YYYY) Y EXP IMMIDDIYY'M - .. - LIMITS A - _ GENERAL X LIABILITY COMMERCIAL GENERAL UABIUTY , . X j OCCUR . Auto ' ^ :' (� f ' - 6526H046 . - - - 10/05/2010 10/05/2011 - - _ - . EACH OCCURRENCE $ 1 1 1 111 1 •a .,, . O PREMISES Ea occurrence 11 1,11 - CLAIMS -MADE 1 .MED EXP (Any one person) S 100. X Hired and. Non Owned PERSONAL & ADV INJURY .- .. :. GENERAL AGGREGATE $ 2000.000. GEMLAGGREGATE LIMITAPPLIES PER: POLICY JECT P1 LOC PRODUCTS = COMP/OP AGG S. - . S - - - AUTOMOBILE LIABILITY - ANY AUTO ALL OWNED AUTOS - SCHEDULED AUTOS - - HIRED AUTOS - NON -OWNED AUTOS r- - I - - - _ _ - - - --- - - - _ - - -- COMBINED SINGLE LIMIT- (Ea accident) 8 BODILY INJURY.(Per person) $ • _ - - • BODILY INJURY (Per aaident) $ . PROPERTY -DAMAGE- (Per accident)-- - UMBRELLA LIAB EXCESS LIAB u OCCUR CLAIMS -MADE [ .. .. .. .. - - - EACH OCCURRENCE - 5 . AGGREGATE - DEDUCTIBLE •- RETENTION S $ .S - - WORKERS COMPENSATION - - - AND EMPLOYERS' UABIUTY -- ANY PROPRIETOR/PARTNEECUTIVE Y / N R/EX OFFICER/MEMBER EXCLUDED? - (Mandatory. In NH) - If yes. desaibe under PROVISInNS helnw - - NIA - . : - _ _ _ _ WC STATU-- - OTH- OBY UNITS - E ' - E.L. EACH ACCIDENT E - - - E.L. DISEASE - EA EMPLOYE= S DISEASE POLICY LIMIT $ E.L. - S SPFCIAI I—F DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES. (Attach ACORD 101,Addltlonal Remarks Schedule, H more apace Is required) - - - - - • . Computer processing , data preparation and processing services. . '. r% 11r1VNI G.rim/LA/cm '. - City Of Temecula Mr. John Degange 43200 Business Park Dr. - Temecula, CA. 92589 // //�'11 - ��V 11G .. .. —'••---------:- .SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORhPn REPRESENTATI - 'k._ . :' ACORD 25(2009/09) .. .. ll-ILWO-LUV7h vvn�vrv+r.v... y...a.w... ...... The ACORD name and logo are registered marks of ACORb A I9 CERTIFICATE OF LIABILITY INSURANCE . fY) DATEM YYY 71/03/2011 THIS CERTIFICATE IS ISSUED AS, A MATTER OF' INFORMATION ONLY AND CONFERS NO, RIGHTS UPON. THE CERTIFICATE HOLDEgFIR ISS CERTIFICATE DOES `NOT AFFIRMATIVELY OR ,NEGATIVELY,,AMEND„ EXTEND OR ALTER THE COVERAGE AFFORDED, BY THEIPOLICIES BELOW., THIS CERTIFICATEOF INSURANCE DOES NOT CONSTITUTE A CONTRACT,BETWEEN THE ISSUING INSURERS) AUTHORIZED ;a REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.- ,. , ,' '' •z` IMPORTANT: If the certificate holder is an ADDITIONAL. INSURED the policy(les)must tie endorsed. If SUBROGATION IS WAIVED, subject to the terms and' conditions of the policy,, certain policies may require an endorsement. A,statemenrton this certificate does not conferights to the; certificate'hoider inaieuofsuch-endorsement(s), ,".PRODUCERS .. 3 K insurance Sok/tions 25108 Marguerite Parkway Ste A-226 -Mission Viejo„ CA. 92692 ,,CONTACT - , NAME: Kevin Cassidy: .: 949=683-3903 i -(A, No): 949-713-591.1 (AiCn PHONE E.di (AM, ,E-MAIL- ADDRESS:. 'PRODUCER. LOLSJ_Q_MER ID O. '. NSURER(S) AFFORDING COVERAGE NAIC Si INSURED D & W Consulting, Inc. 1920 Ukiah Way Upland, CA. 91784 ' INSURER A: Travelers Ins. Co. LIABILITY OCCUR INSURERS': - INSURER C 10/05/2010 INSURER D:. EACH OCCURRENCE. 'INSURER :E.: .. 'INSURER F: _ ..-.. - _... COVERAGES CERTIFICATE NUMBER: REVISION, NUMBER: THIS `IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN; ISSUED. TO THE INSURED, NAMED ABOVE FOR THE POOCY PERIOD' INDICATED. NOTWITHSTANDINGANY REQUIREMENT,• TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT, WITH RESPECT TO' VAMICH THIS CERTIFICATE,MAY BE ISSUED OR ,MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE,^TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. LIMITS SHOWN' MAY HAVE BEEN'REDUCED.,BY'PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR:.WVO POLICY. NUMBER " POUCY,EFF (MMIDD/YYYY) -POUCY;EXP (MM/DO/YYYY1..- LIMITS Y' GENERAL•LIABIUN X COMMERCIAL GENERAL LIABILITY OCCUR ' - 6526F1046 10/05/2010 10/05/2011 EACH OCCURRENCE. $ 1.000 000 $ 3Ojj.,OQO. -OAMAGETTO RENTED PREMISES (Ea occurrence) CLAIMS -MADE 1—)—(1 MEDEXP(Any one person) $ $ 5 000 PERSONAL BADV INJURY . GENERAL AGGREGATE. ;?$ '2;000,000r' GEN'L AGGREGATE LIMIT APPCIES'PER: PRO,jEcr LOC •:POLICY PRODUCTS'- COMP/OP"AGC" :$ .0911000. -. -. $ AUTOMOBILE _ J LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED: AUTOS - ( µ COMBINED SINGLELIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per. accident) $ S UMBRELLA LIAB EXCESS UAB OCCUR ( CLAIMS -MADE 1-• EACH. OCCURRENCE" $ AGGREGATE $ DEDUCTIBLE RETENTION $.. ' $ _. $ AND EMPLOYES'RS COMPENSATION ILII .AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEN OF FICER/MEMBER. EXCLUDED? (Mandatoryin NH)r It, yes.: describe ord. SPFCIAt PR avIcIONS nrtaur - / A - WCSTATU- € LOTH- LOTH - TORY LIMITS I ^�EB_ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE{ :$ _ ^---• --~^ E L. DISEASE - POLICY, UMIT' ;:$ __ _ ;DESCRIPTION Computer equlied l OF OPERATIONS /LOCATIONS / VEHICLES'(Attnch'ACORO,#B-1 Add(tional RemarIts`Schodute, 11 more. aPamreQ , I. -processing, date: preparation'+and processing seivices: CERTIFICATE HOLDER City of Temecula Mr. John Degange 43200 Business Park Dr. Temecula, CA. 92589 CANCELLATION SHOULD ANY OF. THE ABOVE DESCRIBED .POLICIES, BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,'NOTICE WILL BE DEUVEREO 84 ACCORDANCE WITH THE POLICY PROVISIONS. . . AUTHORIZED REPRESENTATIVE Kevin Cassidy ACORD'25 (2009109) © 1988- 2009 Ar D: CORPORATION XII' rights reserved. The ACORD name andlogo are registered marks of ACORD Accwpr E TIFICATE OF LIABILITY'INSURANCE OATE(MMIDDIYYYY) 11101/260 'W THIS.CERT3FICATE IS, ISSUED:AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER 'THIS,,,,. CERTIFICATE DOES NOT,AFFIRMATWELY_ OR -NEGATIVELY 'AMEND, EXTEND'OR ALTER THE COVERAGE AFFORDED BY THCPOLICIES.'', .'', w TE OF—INSURANCE DOES NOT CA CONTRACT BETWEEN THE ISSUING, INSURERS) AUTHORIZED , BELOW: THIS, CERTIFICAOUCER,THE'CERTIFICATE HOLDER. ' -REPRESENTATIVE t)R�PRO : IMPORTANT: " If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed, If SUBROGATION"IS WAIVED, subject to,the terms and conditions of the policy, certain policies may require. an endorsement. A statement on this certificate does not confer rights to "the certificateholder in lieu of such endorsement(s). PRODUCERPRODUCERNTACT 3 K Insurance Solutions 25108 Marguerite Pkwy Ste A-226 MissionViejo, CA. 92692 CO NAME: mewl Cassidy. PHONE 1 FAX Jt1_ e i tIL.949_685--89.03__ _� wo : 949-713-5911 .POLICYEFF, " �'(MMlODNYYY) .� _-_,_(A1C, E-MAIL MAIL ADDRESS:. knnssjdyaccuxx.net .:. PRODUCER SS)SIQ-ME A. # INSURER(S) AFFORDING COVERAGE INSURER A -i Lloyds of London NAIC S %✓ INSURED D & W. Consulting, Inc. 1920 Ukiah Way Upland, CA. 91784 INSURER e : State'Fund ins. Co. . INSURER 'C : 0 INSURER D : DAMAGE TO RENTED " PREMISES (Ea ...Yenta) INSURER E : INSURER F : MED EXP (Any one person) • est ►n'laaoco: THIS IS' TO CERTIFY THAT THE POLICIES. OF"INSURANCE LISTED_ BELOW HAVE "BEEN ISSUED TO INDICATED NOTWITHSTANDING ANY; REQUIREMENT, TERM OR CONDITION,OF ANY -CONTRACT; CERTIFICATE MAY BE ISSUED OR. MAY PERTAIN; THE INSURANCE AFFORDED BY THE, POLICIES; EXCLUSIONS AND, CONDITIONS OF.SUCH POLICIES- LIMITS SHOWN`MAY HAVE,BEEN REDUCED BY_ THE INSURED OR"OTHER"DOCUMENT DESCRIBED 'PAID CLAIMS. ' POLICY EXP (M M1DDlYYYYI NAMED ABOVE FOR THEIPOLICY'PERIOD +' WITH°'RESPECT' TO WHICH THIS. HEREIN ISS SUBJECT" TO ALL THE TERMS,:' - - LIMITS INSR LTR TYPE OF INSURANCE ADOL INSR SUER WVU POLICY NUMBER .POLICYEFF, " �'(MMlODNYYY) .._..: ..-. . GENERALUABIUTY I COMMERCIAL GENERAL LIABILITY I} OCCUR r " j f EACH OCCURRENCE ' 0 DAMAGE TO RENTED " PREMISES (Ea ...Yenta) $ CLAIMS -MADE MED EXP (Any one person) $ - JPERSONAL GEN'L &-ADV INJURY 0 I GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER: 1 POLICY'.. CT r l LOC PRODUCTS -. COMP/OP AGG $. -.0 AUTOMOBILE _._ LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS r- t -- i COMBINED SINGLE LIMIT (Ea accident) ,�. BODILY INJURY (Per person). $ BODILY INJURY (Per accident). $ PROPERTY DAMAGE (Per, accident) $ $ S ..: UMBRELLA LIAB EXCESSUAB OCCUR CLAIMS -MADE 1 f -"-'" ..........,. EACHOCCURRENCE 0 AGGREGATE, _ $ DEDUCTIBLE. RETENTION S .. .. $. / "` B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORtPARTNERJEXECUTIVE Yd N' OFFICER/MEMBER'EXCLUDED? LY I (Mandatory in NH)DISEASE It yes; describe under SPFCIAIPROVISIONS + tun N /A r`,. 1767967-09: O3fO1t2O1 O WCSTATU- 9TH- 03/01/2011- TORY I (MIT, I X ('„FR $ '" 1,800OOO,. E. L. EACH ACCIDENT - EA EMPLOYEE' 0 1,000,000.', - L. DISEASE - POLICYLIMIT/0 1.000 000; A Professional Liability F 1 DBM004499 .40/25/2010 '1 012 512 0 1 1' Limit " $1,000,000. 7 DESCRIPTION' OF OPERATIONS 1 LOCATIONS i VEHICLES (Attach ACORO.101, Additional. Remarks Saha.., H: mole space is required) Computer processing, date preparation and processing services. CERTIFICATE:' HOLDER CANCELLATION City of Temecula Mr. John Degange 43200 Business Park D . j/1251/0 Temecula, CA. 92589 ACORD 25 (2009109) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN" ACCORDANCE WITH, THE POLICY. PROVISIONS AUTHORIZED REPRESENTATIVE - Kevin Cassidy l 01988- 2009 AGORD Q6 PORATION. AMI rt ifs reserved. The ACORD'name and logo are registered marks of ACORD Item No. 8 Approvals City Attorney Director of Finance City Managerea, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: February 8, 2011 SUBJECT: 2011 Workers' Compensation Coverage Annual Renewal PREPARED BY: Denise Lanier, Senior Human Resources Analyst RECOMMENDATION: That the City Council approve the contract with the City's current workers' compensation provider, Travelers Insurance Company, as the City's Employee Workers' Compensation Insurance Carrier for 2011; for an estimated reduced premium cost of $296,663. BACKGROUND: The City's insurance broker, Mike Bush of Brown & Brown of California, Inc., requested several market quotes and looked into workers' compensation pools. Mr. Bush was requested to explore all areas in an effort to ensure that the market carriers knew that the City was serious about obtaining the best coverage at the lowest rate. All market carriers were contacted with only Travelers Insurance Company providing a reasonable quotation. The Travelers Insurance Company premium for the 2011 plan year has decreased by $14,468 due primarily to changes in the City's experience modification and a reduction in base and schedule rates and premium discount factors. Travelers Insurance Company appreciates the City as a valuable customer and understands the City's Safety Program operates to insure minimal losses throughout the plan year. Based on the above listed quote, City staff recommends the City's workers' compensation coverage remain with Travelers Insurance Company for the 2011 Plan Year. The Travelers Insurance Company quote reflects the estimated amount for the contract year and may be higher or lower depending on actual audited payroll. Staff believes the quote reflects the best that can be expected for the 2011 contract year. Our Loss Prevention Program will remain under the leadership of the City's Safety Committee who continues to do a great job. FISCAL IMPACT: No additional appropriation is requested, as adequate funds are available within the current budget. Workers Compensation Insurance Proposal Submitted For: City of Temecula Y 4 WWII how NSURANCEC.. Policy Term: 2-1-11 to 2-1-12 Submitted by: Mike Bush Senior Vice President 201102mb Tem WC Proposal Thank you for inviting us to develop and present a Risk Solution Program to you. We welcome the opportunity to become involved with your company. We have worked to identify your needs and concerns, and to develop a program for your insurance. Brown & Brown, Inc. is the seventh largest independent agency organization nationally) The company provides a variety of insurance products and services to corporate, institutional, professional and individual clients. Headquartered in Daytona Beach and Tampa, Florida, Brown & Brown is publicly traded on the New York Stock Exchange (BRO) and has been included in Forbes' list of the "200 Best Small Companies in America". The company handles clients' premiums in excess of $1 Billion annually and has approximately 1,500 employees. While size is not the sole criteria for choosing an insurance agent, it does enable us to offer our clients clout in the marketplace and unmatched service capability. Please feel free to visit our website at www.bbinsurance.com. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. For more complete information on the scope and limits of coverage please refer to the policy document. Specimen policy form(s) are available upon request. l As listed in Business Insurance magazine, July 17, 2008 edition 201102mb Tem WC Proposal Brown & Brown of California — Spectrum Service Brown & Brown of California is happy to offer all clients a full suite of service not only for your business but also for your personal insurance needs. Spectrum Service provides protection in the following areas: Employee Benefits Medical, dental, vision and life and disability for your employees. Personal Homeowners, auto, collectibles and more. Financial Planning Consultative financial planning 201102mb Tem WC Proposal Account Service Team No matter how comprehensive or price competitive your insurance program k, it is still people who must service it to insure that coverage will respond when needed. Mike Bush Account Executive (714)221-1853 phone (714) 221-4143 fax mbush@bbsocal.com email Mike Bush is responsible for overseeing all aspects of your program. Peggy L. Coleman Account Manager (714)221-1883 phone (714) 221-4183 fax pcoleman@b bsoca I.com Judith Villalobos (Backup) Account Manager (714)221-1828 phone (714)221-4128 fax jvillalobos@bbsocal.com Peggy L. Coleman will assist with the daily servicing of your account, including endorsements, certificate requests, client services, program design, accounting, quality assurance and market relationships. Feel free to contact anyone on this list if you have questions or concerns regarding your insurance policy. 201102mb Tem WC Proposal IMPORTANT NOTICE DISCLAIMER Disclaimer: This proposal/policy presented is based upon the exposures to loss made known to the agency. Any changes in these exposures (i.e. new operations, new products, additional state of hire, etc.) need to be promptly reported to our agency in order that proper coverage(s) may be put in place. The proposal contains only a general description of the coverage(s) and does not constitute a policy / contract. For complete policy information, including exclusions, limitations and conditions, refer to the policy document. Specimen policy forms and endorsements are available upon request. Non -Admitted Carrier Taxes: $N/A Fees: $N/A Minimum Earned Premium: N/A % Higher Limits may be available upon request V Premiums may be subject to audit Premiums include Terrorism Coverage Policy Type Workers Compensation Carrier Travelers Insurance Company Rating A+: XV; Admitted Please read your policy for specific details. The information obtained from A.M. Best's Rating is not in any way a warranty or guaranty by Brown & Brown, Inc. of the financial stability of the insurer and this information is current only as of the date of publication. 201102mb Tem WC Proposal A.M. Best Rating of Proposed Carriers General Rating: These rating classifications reflect BEST's opinion of the relative position of each company in comparison with others, based upon averages within the Property - Casualty insurance industry. They are reflective of overall company services and standing within the industry. ++, Superior 134 Very Good C++, C+~= Fair A, A- Excellent B',. Good C, C .E °�' Marginal Financial Size Category: The financial Size Category is an indication of the size of an Insurer and is based on reported Policyholders' surplus plus conditional or Technical Reserve Funds, such as mandatory securities valuation reserve, other investment and operating contingency funds and/or miscellaneous voluntary reserves in liabilities. Financial Size Category (in Thousands) Class I Up to $1,000 Class II $1,000 to $2,000 Class III $2,000 to $5,000 Class IV $5,000 to $10,000 Class V $10,000 to $25,000 Class VI $25,000 to $50,000 Class VII $50,000 to $100,000 Class VIII $100,000 to $250,000 Class IX $250,000 to $500,000 Class X $500,000 to $750,000 Class XI $750,000 to $1,000,000 Class XII $1,000,000 to $1,250,000 Class XIII $1,250,000 to $1,500,000 Class XIV $1,500,000 to $1,750,000 Class XV $1,750,000 to $2,000,000 201102mb Tem WC Proposal This information has been provided to you so that consideration is given to the financial condition of our proposed carriers. The financial information disclosed is the most recent available to Brown & Brown of CA, Inc. Brown & Brown does not guarantee financial condition of the insurers listed above. Claims Reporting Guidelines Make Brown & Brown, Inc. aware of any and all incidents immediately after they occur, whether it be an auto accident, a theft, slip & fall, even a minor incident that appears will have no future activity. Do not wait for a police report. Gather as much concrete information as possible. For example, police reports, company incident reports, conversation logs, medicals and pictures - anything that may assist in the handling of your claim. Send this information either by mail, e-mail or fax to: Brown & Brown of CA, Inc. 500 N. State College Blvd. Suite 400 Orange, CA 92868 (714)221-1883 (714) 221-4196 fax pcoleman@bbsocal.com If you have any questions or incur any problems, please call our office and we will be glad to assist in any way we can. 201102mb Tem WC Proposal Named Insureds The following are named insureds on your policies: City of Temecula (Discuss) Temecula Community Services District Redevelopment Agency of the City of Temecula Temecula Public Financing Authority Please verify the accuracy of each name on this list and update if needed. Location Schedule: Loc # Bldg. # Address All City operations Description 201102mb Tem WC Proposal PREMIUM SUMMARY Name: City of Temecula Worker's Compensation $296,663 plus State Mandated Fees ($16,405) (Last Year) $31 1,131 plus State Mandated Fees ($14,623) Premiums include Terrorism PREMIUM PAYMENT OPTIONS Payment up front OR 25% due at inception and 25% due at the 4th, 7th and 10th month 201102mb Tem WC Proposal Workers Compensation LIMITS Coverage A: Coverage B: Workers Compensation Employers Liability X All States Endorsement Statutory $1,000,000 DECLARATIONS States Covered: CA Experience Modification: 124% PAYROLL ESTIMATES Code Classification Rate Payroll Per Proposal Subject to Annual Audit 201102mb Tem WC Proposal AN EXPLANATION OF WORKERS' COMPENSATION COVERAGE A - Workers' Compensation agrees to pay the benefits required under the Workers' Compensation Law. COVERAGE B - Employer's Liability provides coverage for your legal liability to employees not covered by the act. It is possible that you might sub -contract certain operations. Compensation laws provide that the principal contractor is responsible for compensation to the employees of uninsured sub -contractors. In determining compensation premiums, you will be charged premium for coverages in connection with employees of sub- contractors unless the sub -contractors have insured this obligation and have furnished satisfactory evidence of such insurance. For your protection, you should obtain certificates of insurance from all sub -contractors doing work for you. The policy is written subject to audit, and payroll records should be kept in such a manner as to show any overtime paid. OPTIONAL ENDORSEMENTS All States Endorsement In the event the insured undertakes operations in any state not designated in the declarations, other than Nevada, North Dakota, Ohio, Washington, West Virginia, or Wyoming, the company agrees to reimburse the insured for all compensation and other benefits required under the workers' compensation or occupational disease law of such states. U.S. Longshoremen's and Harbor Workers' Compensation Act Endorsement Affords workers' compensation benefits for any employee injured while participating in any operations subject to the U.S. Longshoremen's and Harbor Workers' Compensation Act. Voluntary Compensation Endorsement Pays on behalf of the insured for any employee's injury which would have rendered the insured liable for compensation if the injured employee and the insured had been subject to the workers' compensation law. 201102mb Tem WC Proposal WORKERS' COMPENSATION EXPERIENCE MODIFICATION Your experience modification for the current year 2011, February 1st is 1 24%. The modification was 1 16% for 2010. THis MODIFICATION WAS DEVELOPED BY THE California workers' compensation insurance rating bureau BASED UPON YOUR INDIVIDUAL CLAIMS EXPERIENCE FOR THE FOLLOWING YEARS: 2009 2008 2007 Historical Experience Modifications 2011- 124% 2010 — 116% 2009 — 94% (Revised to 92% Effective 9-22-09) 2008 — 82% (Revised to 78% in September 2008) 2007 — 86% (Revised to 85%) 2006 — 79% 2005 — 74% 2004 — 74% 2003-81% 2002 — 83% 2001 — 68% 201102mb Tem WC Proposal MARKETS APPROACHED AND RESULTS Travelers Insurance Company Midwest Insurance Company Everest National Insurance Company Republic Indemnity Company Hartford Insurance Companies Insurance Company of the West American International Group Companies (AIG) American Home Assurance Alaska National Berkshire Hathaway Companies All Insurance -ACE Insurance Company Tower Insurance Company Chubb(Federal) Insurance Company Benchmark Insurance Company 201102mb Tem WC Proposal Quotation Provided Declined (Not Competitive with Travelers) Declined (Not a target class) Declined (Not yet a Municipal Market- even without Fire & Police) Declined (Class of Business) Declined (Class of Business) Declined (Loss History w/AIG) Declined (Class of Business) Indication -Premium range of $500,000 Declined (Not Competitive with Travelers) Declined (Losses & Lack of Appetite for Municipalities) Declined (Class of Business) Declined (Class of Business) Applied Insurance Company Not Competitive with Travelers (Will offer 3 Year Retro Program only) Crum and Forster Insurance Company Indication -High $300,000 (Just under $400,000) Employers Insurance Company Declined (Class of Business - $648,000 before credits) Halcyon Insurance Company Declined (Underwriting Guidelines) Delos Insurance Company & Pennsylvania Manufacturers Insurance Company Declined (Excluded Class Codes 9410, 9420, 7382) Majestic Insurance Company Declined (Underwriting Appetite) Preferred Employers Insurance Company Declined (Nature of Operations) Companion Insurance Company Indication -$400,000 Approximate Seabright Insurance Company Indication -$400,000 to $425,000 201102mb Tem WC Proposal AREAS OF MAJOR CONCERN (ADDRESSED BY BROWN & BROWN, INC. AND COMPENSATION CARRIER) 1. Safety Committee A. Carrier Loss Control Support B. Film Library Available C. Attendance by Brown & Brown, Inc. (Discuss) 2. Written Safety Program (Review and Update) 3. Reserve Reviews (Frequency Discuss) 4. Claims Recordkeeping A. Ease of Reporting B. Exchange of Information 5. Accident Investigation 201102mb Tem WC Proposal TRAVELERS INSURANCE COMPANY Best's Rating and Financial Size: A+: XV; Admitted II. Location: Orange, CA III. Strong Points: • Loss Prevention • California Workers' Compensation Specialty Company • Currently provides Municipal General, Public Official E & 0 and Automobile Liability for the City IST. Review Services Per Areas of Major Concern Section 201102mb Tem WC Proposal CURRENT PROGRAM 201102mb Tem WC Proposal CURRENT PROGRAM @ 2010 PAYROLL ESTIMATE TRAVELERS INSURANCE COMPANY Policy Period: 02-01-2010 to 02-01-2011 Estimated Annual Premium: $31 1,131 plus State Mandated Fees ($14,623) Type of Policy: One Year Classification Code 2009 Payroll Rate Premium Municipal (non -manual) 9410 $9,331,358 2.29 213,688 Municipal (all other) 9420 $2,196,726 6.98 153,331 Clerical 8810 $5,401,775 .58 31,330 Bus Drivers 7382 $18,486 9.70 1,793 Total: $16,948,345 Subtotal: $400,142 (X) Increased Limits Factor (N/A): N/A (Actual) Modification: x 1 .16 Modified Premium: $464,165 (X) (Approx.) Premium modifier (Including Schedule and Premium Discount Factors) (65.8951%:) $305,862 (+) Terrorism: + 5,084 (+) Expense Constant: + 185 Estimated Total Premium: $311,131 (Approx.) California Admin. & Fraud Assessment: + 8,401 California CIGA Fee: + 6,222 Subject to Annual Audit 201102mb Tem WC Proposal PROPOSAL 201102mb Tem WC Proposal Commercial Insurance Proposal Brown & Brown of CA, Inc. • 500 N State College Blvd, Suite 400, Orange, CA 92868 • (800) 228-7975 rown rown INSURANCE rfra This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. January 25, 2011 PROPOSAL TRAVELERS INSURANCE COMPANY Policy Period: 02-01-2011 to 02-01-2012 Estimated Annual Premium: $296,663 plus State Mandated Fees ($16,405) Type of Policy: One Year Classification Code 2011 Payroll Rate Premium Municipal (non -manual) 9410 $8,256,646 1.71 141,189 Municipal (all other) 9420 $2,102,617 6.82 143,398 Clerical 8810 $5,153,863 .55 28,346 Bus Drivers 7382 $27,167 11.03 2,997 Total: $15,540,293 Subtotal: 315,930 (X) Increased Limits Factor (N/A): N/A (Actual) Modification: x 1.24 Modified Premium: 391,753 (X) (Approx.) Premium modifier (Including Schedule and Premium Discount Factors) (74.4898%:) 291,816 (+) Terrorism: 4,662 (+) Expense Constant: 185 Estimated Total Premium: $296,663 (Approx.) California Admin. & Fraud Assessment: 7,594 California CIGA Fee: 8,811 rfra This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. January 25, 2011 Brown & Brown of CA, Inc. • 500 N State College Blvd, Suite 400, Orange, CA 92868 • (800) 228-7975 rown rown INSURANCE Note: 2011 Payroll clown 8.31% (.9169 factor under 2010 2011 Rates down 2.72% (.9728 factor) and Modification up 6.9% (1.069 factor) (average) from 2010 2011 Premium down 4.65% (.9535 factor) from 2011 P/R Rates Modification Premium (.9169) X (.9728) X (1.069) = 9.535 Subject to Annual Audit This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. January 25, 2011 (Approx) 2010 Rates (Approx) 2011 Rates Code Without Modification With Modification 1.16% Without Modification With Modification 124% 9410 1.53 1.77 1.29 1.60 9420 4.69 5.44 5.18 6.42 8810 .39 .45 .42 .52 7382 6.52 7.56 8.38 10.39 Note: 2011 Payroll clown 8.31% (.9169 factor under 2010 2011 Rates down 2.72% (.9728 factor) and Modification up 6.9% (1.069 factor) (average) from 2010 2011 Premium down 4.65% (.9535 factor) from 2011 P/R Rates Modification Premium (.9169) X (.9728) X (1.069) = 9.535 Subject to Annual Audit This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. January 25, 2011 Commercial Insurance Proposal Brown & Brown of CA, Inc. • 500 N State College Blvd, Suite 400, Orange, CA 92868 • (800) 228-7975 rown rown INSURANCE® Important Information Compensation: In addition to the commissions or fees received by us for assistance with the placement, servicing, claims handling, or renewal of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intermediaries, underwriting managers and similar parties, some of which may be owned in whole or in part by Brown & Brown, Inc., may also receive compensation for their role in providing insurance products or services to you pursuant to their separate contracts with insurance or reinsurance carriers. That compensation is derived from your premium payments. Additionally, it is possible that we, or our corporate parents or affiliates, may receive contingent payments or allowances from insurers based on factors which are not client -specific, such as the performance and/or size of an overall book of business produced with an insurer. We generally do not know if such a contingent payment will be made by a particular insurer, or the amount of any such contingent payments, until the underwriting year is closed. That compensation is partially derived from your premium dollars, after being combined (or "pooled") with the premium dollars of other insureds that have purchased similar types of coverage. We may also receive invitations to programs sponsored and paid for by insurance carriers to inform brokers regarding their products and services, including possible participation in company -sponsored events such as trips, seminars, and advisory council meetings, based upon the total volume of business placed with the carrier you select. We may, on occasion, receive loans or credit from insurance companies. Additionally, in the ordinary course of our business, we may receive and retain interest on premiums you pay from the date we receive them until the date the premiums are remitted to the insurance company or intermediary. In the event that we assist with placement and other details of arranging for the financing of your insurance premium, we may also receive a fee from the premium finance company. Questions and Information Reauests: Should you have any questions, or require additional information, please contact this office at 1-800-228-7975 or, if you prefer, submit your question or request online at www.bbsocal.com Brown & Brown does not have direct binding authority with this excess and surplus lines market. This proposal contains only a general description of the coverage(s) and does not constitute a policy/ contract. For complete policy information, including exclusions, limitations, and conditions, refer to the policy document. This proposal is based upon the exposures to loss made known to the Agency. Any changes in these exposures (i.e., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s) may be put into place. rr". rh7filk. This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. January 25, 2011 EXPERIENCE RATING FORM CN#RS132342 Issued: 12/22/10 Page 1 of 2 RERATE # 1 CITY OF TEMECULA (A CORP) 43200 BUSINESS PARK DRIVE PO BOX 9033, TEMECU- LA CA 925899033 *9410 MUNICIPAL, STATE OR PUBLIC EMPLOYEES *9420 MUNICIPAL - ALL OTHER EMPLOYEES *-NOT PHYSICALLY SURVEYED BY BUREAU W OI RR Callfornlae BUREAU NUMBER 3 26 01 60-R EFFECTIVE 2/1/11 CARRIER TRAVELERS PROP CSLTY CO OF AMER TRAVELERS GRP#2 ISSUING OFFICE HOME OFFICE POLICY NUMBER HEUB 9055L51 210 SUPERSEDES RATING ISSUED 12/10/10 RATING PROCEDURE [ • TOTAL PRIMARY ACTUAL (b) "B" VALUE VALUE " VA W" LUE RATABLE EXCESS LOSSES = W x (c) (1-W) x (f) TOTAL (9) TOTAL EXPECTED LOSSES (d) "B" VALUE s INDEMNITY AND MEDICAL COMBINED ** ENTER TABLE III WITH EXPECTED LOSSES (d) TOTAL (h) EXPERIENCE (9 MODIFICATION .(D CLASS CODE YR 09 PAYROLL YR 08 PAYROLL YR 07 PAYROLL YR PAYROLL EXPECTED LOSS RATE EXPECTED LOSSES "D" RATIO PRIMARY EXPECTED LOSSES w 8810 5,074,572 5,587,569 5,721,388 .17 27,852 24 6,684 co 0 9410 9420 9,182,874 2,201,193 9,800,121 2,002,649 8,456,231 2,281,192 .60 2.38 164,635 154,344 .23 .22 37,866 33,956 s_1; 7382 23,314 0 0 3.52 821 .21 172 8017 2,024 0 0 1.51 31 .26 8 v8070 5,678 0 0 .93 53 .26 14 Lu a 8078 8387 3,490 2,318 0 0 0 0 .91 1.60 32 37 .29 .20 9 7 EXPECTED EXCESS EXPECTED LOSSES PR MARY EXPECTED (f) _ (d) - (e) (d) LOSSES (e) 0 0 TYPE OR POLICY ACTUAL' PRIMARY TYPE OR POLICY ACTUAL' PR/AMY CLAIM NUMBER IN) F YEAR INCURRED LOSSES ACTUAL LOSSES CLAIM NUMBER nu F YEAR INCURRED LOSSES ACTUAL LOSSES ACTUALL4S.. ,,s:. 710359960 N 0 07 149,838 7,000 710387094 T F 07 28,601 7,000 710408797 T F 07 3,303 3,303 710418317 N F 07 50,761 7,000 710434694 N 0 07 156,861 6,721* UNDER $2,001 07 7,277 7,277 CAP5357 X F 08 6,007 6,007 CBU3393 N 0 08 79,984 7,000 CBU3863 T F 08 32,407 7,000 CBU4422 T F 08 11,828 7,000 CBU5852 T F 08 6,246 6,246 UNDER $2,001 08 2,112 2,112 A5K4672 X F 09 2,061 2,061 CBU9486 N 0 09 32,928 7,000 UNDER $2,001 ... 09 9,277 9,277 ACTUAL EXCESS ACTUAL INCURRED PRIMARY ACTUAL (c) = (a) - (b) LOSSES (a) LOSSES (b) RATING PROCEDURE [ • TOTAL PRIMARY ACTUAL (b) "B" VALUE VALUE " VA W" LUE RATABLE EXCESS LOSSES = W x (c) (1-W) x (f) TOTAL (9) TOTAL EXPECTED LOSSES (d) "B" VALUE s INDEMNITY AND MEDICAL COMBINED ** ENTER TABLE III WITH EXPECTED LOSSES (d) TOTAL (h) EXPERIENCE (9 MODIFICATION .(D RERATE # 1 CITY OF TEMECULA (A CORP) EXPERIENCE -RATING FORM CN#RS132342 Issued: 12/22/10 Page2of2 WCIRBCalifornla© BUREAU NUMBER 3 26 01 60-R EFFECTIVE CARRIER TRAVELERS PROP CSLTY CO OF AMER TRAVELERS GRP#2 SSUING OFFICE HOME OFFICE POLICY NUMBER HEUB 9055L51 210 SUPERSEDES RATING ISSUED 12/10/10 Lu co 0 C euW. F_ Lu Lu a CLASS CODE YR 09 PAYROLL YR 08 PAYROLL YR 07 PAYROLL YR PAYROLL EXPECTED LOSS RATE EXPECTED LOSSES "D" RATIO PRIMARY EXPECTED LOSSES 8840 9067 9079 9180 10,946 5,244 10,670 7,764 0 0 0 0 0 0 0 0 .33 .21 1.05 1.41 2,34 23 55 150 182 .23 .30 .25 .25 5 17 38 46 EXPECTED EXCESS (0 _ (d) - (e) 269,393 EXPECTED LOSSES (d) 348,215 PRIMARY EXPECTED LOSSES (e) 78,822 CLAIM NUMBER TYPE IN) 0 OR F POLICY YEAR ACTUAL" INCURRED LOSSES PRIMARY ACTUAL LOSSES CLAIM NUMBER TYPE ID) 0 OR F POLICY YEAR ACTUAL* INCURRED LOSSES PRIMARY ACTUAL LOSSES Ull O d' 0 V *-SUBROGATION ACTUAL EXCESS (c) = (a) - (b) 487,487 ACTUAL INCURRED LOSSES (a) 579,491 PRIMARY ACTUAL LOSSES (b) 92,004 RATING PROCEDURE TOTAL PRIMARY xx xx RATABLE EXCESS LOSSES (1-W) x (f) TOTAL (g) ACTUAL (b) "8" VALUE "W" VALUE = W x (c) 92,004 0 .33 160,871 180,493 433,368 348,215 TOTAL EXPECTED LOSSES (d) 0 "B" VALUE RERATE: SUBROGATION YEAR 07 * INDEMNITY AND MEDICAL COMBINED *x ENTER TABLE III WITH EXPECTED LOSSES (d) 348,215 TOTAL (h) 101221NDM EXPERIENCE MODIFICATION LOSS -FREE RATING 52 Vo Explanation of Your Experience Rating Form Following is a brief explanation of your Experience Rating Form. The WCIRS's website contains additional information about the calculation of your experi- ence modification including electronic versions of the California Workers' Compensation Experience Rating Plan-19961ERP) and the California Workers' Compensation Uniform Statistical Reporting Plan -1995 (USAF). These publi- cations are part of the Insurance Commissioners regulations and govern ex- perience rating and the reporting of payroll and losses by insurers, respectively. Please visit www.wcirbonline.org and select "Helpful Informa- tion" from the home page. About Experience Rating Experience rating provides employers a direct financial incentive to reduce tho number' of work-related accidents and helps to objectively distribute the cost of workers' compensation insurance among employers assigned to the same in- dustry classification. The USRP contains approximately 500 standard classifications used to describe all types of California businesses. A business that Is not specifically described Is assigned by analogy to a classification that Is most similar in terms of proc- esses roo-esses and hazards. Businesses assigned to your standard industry classification are relatively simi- lar to your business, however, there are differences and those differences can have an impact on workers' compensation claims costs. To address these variations and encourage workplace safety, experience rating adjusts the pre- mium you pay either upward or downward based on a comparison of your company's history of payroll and claims (collectively referred to as your "ex- perience") to what is expected for businesses of similar size within the same industry classification. This comparison results in.your experience modifica- tion. An experience modification greater than 100 results from less favorable loss experience compared to the average of other similar businesses. An ex- perience modification less than 100 results from more favorable loss experi- ence. The data used to calculate your experience modification and the experience modification formula are shown on the Experience Rating Form (of- ten referred to as a "worksheet" or "rate shoot"). Since the experience modifi- cation Is intended to reflect differences in anticipated future claims costs, the formula reflects several standard "actuarial" adjustments so that past claim experience Is used in a way that is predictive of future claim levels. For those employers who have sufficient historical experience to qualify, experience rat - Ing Is mandatory and used by all Insurers. Data Used for Experience Rating The data used to calculate your experience modification Is determined by your company's anniversary rating date, which generally is the Inception date, or start date, of your policies. For example, if your policies always start on Janu- ary 1, your anniversary rating date would be January 1. The anniversary rating date determines the experience period, which Is a three- year period beginning four years and nine months prior to your anniversary rating date and terminating one year and nine months prior to the anniversary rating date. With few exceptions, the payroll and losses arising from all policies incepting within the experience period are used In the calculation of your ex- perience modification. The payroll and loss Information used In the experience rating calculation are reported by your Insurer to the WCIRB on unit statistical reports In accordance with the USRP. Factors used in the experience rating calculation, such as Ex- pected Loss Rates, D-Ratlos, and "B" and "W" Values are developed by the WCIRB and approved by the Insurance Commissioner based on analysis of statewide data and are part of the ERP. Experience Rating Form The Experience Rating Form provides detailed information about the calcula- tion of your experience modification Including the payroll reported by your In- surer for each applicable classification and shows the claim experience reported by your Insurer and used In the experience modification calculation. Your company name, address end other business names that aro Included un- der your insurance policy are captured from the policy information page. Some information may not be shown due to space limitations. Terms Used on the Form (In Order of Appearance) Bureau Number — A unique file number assigned by the WCIRB to your company. Effective Date — The date your experience modification applies to your pol- icy. Carrier and Issuing Office — The name of your insurer and the office from which the policy was issued. Issue Date — The date this Experience Rating Form was released. Classification Codes (Form Header) — Classification codas that apply to your California operations according to WCIRB records may be displayed; however, in some cases, the classification codes may not be shown or may not be complete due to space constraints - Payroll — The payroll shown on the form Is reported to tho WCIRB by your Insurer. Expected Lose Rato (ELR) — The average rate of losses per $100 of payroll that Is expected for a classification during an experience rating period. ELRs are found in Table II of the ERP. Expected Losses — Tho amount of losses that were expected to arise for businesses of your size and Industry classification(s) during the experience rat - Ing period. Expected Losses are determined by multiplying your total payroll for each classification by the corresponding Expected Loss Rate. D -Ratio — The rade used to split Expected Losses Into "Primary" and 'Ex- cess" amounts. This split accounts for differences in the average severity of claims by classification. D -Ratios are found in Table II of the ERP. Primary Expected Losses — Determined by multiplying your Expected Losses for the classification by the D•ratio for that classification. Primary Ex- pected losses are totaled for all classifications. Expected Excess — The difference between your total Expected Losses and your total Primary Expected Losses. Labeled "(R = Id) — (e)" on the form. Expected Losses (Total) — The sum of all Expected Losses arising from poli- cies incepting during the Experience Period. Labeled "(d)" on the form. Primary Expected Losses (Total) — The sum of all Primary Expected Losses arising from policies incepting during the Experience Period. Labeled "(e)" on the form. Claim Number — The claim number reported to the WCIRB by your insurer. Injury Type — Provides some detail about the type of injury associated with a claim. Injury types include Death (D), Permanent Total (P), Permanent Partial Disability 25% or Greater (M), Permanent Partial Disability Less Than 25% (N), Temporary Disability ITI, Medical Only (X), or Compromised Death Claim (8). O or F — The claim status that is reported to the WCIRB. "O" meaning open and "F" meaning closed or final. Policy Year — The inception year of the policy In which the claim was re- ported. Actual Incurred Losses — The total medical and indemnity paid plus esti- mated future payments on a claim reported to the WCIRB by your Insurer as of the latest required claim valuation date. In order to mitigate the impact of a single claim on your experience modification, the amount of a single loss is limited to $175,000 in the experience rating calculation, Primary Actual Losses — The experience modification calculation splits each claim into two components — a primary amount and an excess amount. Primary losses represent the more predictable and controllable portion of a claim, while the excess amount represents the less predictable and less con- trollable portion. Primary Actual Losses are the reported Incurred cost of the claim limited to a maximum of $7,000. In other words, for a large claim, the first $7,000 of the claim value Is considered primary and the remainder is con- sidered excess. Actual Excess (Total) — The total amount of all claims on the form that is beyond the $7,000 primary limit per claim, if any. Labeled es "(c) _ (01— (b)" on the form. Actual Incurred Losses (Total) — The sum of the Actual Incurred Losses arising from policies incepting during the Experience Period. Labeled as "(a)" on the form. Primary Actual Looses (Total) — The sum of Primary Actual Losses arising from policies Incepting during the Experience Period. Labeled as "(b)" an the form. "B" Value — A standard actuarial adjustment used to stabilize the experience modification for smaller employers by diluting the impact of Actual Losses on the experience modification. The "B" values are found In Table III of the ERP. "W" Value — A standard actuarial adjustment used to adjust for the reliability of the historical experience of employers of different sizes as a predictor of fu- ture claim experience. The "W" values are found In Table Ili of the ERP. Loss -Free Rating — What your experience modification would have been If no losses were incurred during the experience period. This hypothetical rating calculation is provided for Informational purposes only. For more information, see www.wclrbonline.org. WOIRRcalifornla- Workers' Compensation Insurance Rating Bureau of California 525 Market Street, Suite 800 San Francisco, CA 94105-2767 www.wclrbonline.org 888.229.2472 EXPERIENCE RATING FORM CN#RS646232 Issued: 01/14/10 Page 1 of 1 CARRIER CITY OF TEMECULA (A CORP) 43200 BUSINESS PARK DR. PO BOX 9033, TEMECULA CA 925899033 *9410 MUNICIPAL, STATE OR PUBLIC EMPLOYEES *9420 MUNICIPAL - ALL OTHER EMPLOYEES *-NOT PHYSICALLY SURVEYED BY BUREAU WOIRl3California° BUREAU NUMBER 3 26 01 60-R EFFECTIVE 2/1/10 TRAVELERS CSLTY & SURETY CO TRAVELERS GRP#2 ISSUING OFFICE HOME OFFICE POLICY NUMBER HACRUB 9055L51 209 RATING PROCEDURE TOTAL PRIMARY ACTUAL (b) 92,551 312,739 TOTAL EXPECTED LOSSES (d) *r "B" VALUE 0 "W" VALUE .32 RATABLE EXCESS LOSSES (I -W) x (f) = W x (c) 112,001 159,165 I 363,717 TOTAL (g) 0 "B° VALUE + INDEMNITY AND MEDICAL COMBINED ** ENTER TABLE III WITH EXPECTED LOSSES (d) 312,739 1 TOTAL(h) Workers' Compensation Insurance Rating Bureau of California 100113NDM 116% EXPERIENCE (9) MODIFICATION �(�T CLASS CODE YR 06 PAYROLL YR 07 PAYROLL YR 06 PAYROLL YR PAYROLL EXPECTED LOSS RATE EXPECTED LOSSES "D° RATIO PRIMARY EXPECTED LOSSES w 'NI J e 8810 9410 9420 5,587,569 9,800,121 2,002,649 5,721,388 8,456,231 2,281,192 5,808,557 7,162,329 1,478,485 .18 .59 2.29 30,812 149,970 131,957 .26 .26 .24 8,011 38,992 31,670 EXPECTED EXCESS (0 = (d) - (e) 234,066 EXPECTED LOSSES (d) 312,739 PRIMARY EXPECTED LOSSES (e) 78,673 T�7a CLAIM NUMBER TYPE IW 00 OR F POLICY YEAR ACTUAL' INCURRED LOSSES PRIMARY ACTUAL LOSSES CLAIM NUMBER TYPE TNI 0R F POLICY YEAR ACTUAL • INCURRED LOSSES PRIMARY ACTUAL LOSSES T' Au �:0: Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: February 08, 2011 SUBJECT: Letter to County Auditor specifying how the Redevelopment Agency intends to fund the 2010-2011 Supplemental Educational Revenue Augmentation Fund ("SERAF") PREPARED BY: Luke Watson, Management Analyst RECOMMENDATION: That the City Council approve the letter to the Riverside County Auditor specifying how the Temecula Redevelopment Agency intends to fund its fiscal year 2010-2011 SERAF shift payment. BACKGROUND: On July 28, 2009 the Govenor signed AB 4X 26 to address the fiscal emergency declared by the Govenor on July 1, 2009. This bill amends the Health and Safety code to require a $1.7 billion SERAF shift from redevelopment agencies for fiscal year 2009-2010 and a $350 million SERAF shift for fiscal year 2010-2011. Per this legistation the California State Department of Finance has notified the Agency that its payment obligation for fiscal year 2010-2011 SERAF shift is $896,504. AB 4X 26 also requires that the City Council notify the Riverside County Auditor by March 1, 2010, as to how the Agency intends to make its fiscal year 2010-2011 SERAFshift payment. The notification due March 1, 2011 is not a payment deadline. The deadline for payment of the fiscal year 2010-2011 SERAF shift is May 10, 2011. FISCAL IMPACT: Agnecy staff recommends that the $896,504 SERAF shift payment obligation for fiscal year 2010-2011 be paid with existing funds in the Agency's housing set-aside fund. AB 4X 26 allows Agencies to loan themselves housing set-aside funds in order to meet their SERAF shift obligation. The fiscal year 2010-2011 loan must be repaid to the housing set-aside fund by June 30, 2016. The Agency intends to repay its housing set-aside loan with tax increment revenues that would have otherwise gone to the Agency's redevelopment fund. ATTACHMENT: Letter to the County Auditor February 9, 2011 City of Temecula Community Development Dept. 41000 Main Street • Temecula, CA 92590 Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 Phone (951) 694-6400 • Fax (951) 694-6477 • www.cityoftemecula.org Mr. Robert E. Byrd, CGFM Riverside County Auditor -Controller 4080 Lemon Street, 11th Floor P.O. Box 1326 Riverside CA, 92502 SUBJECT: AB 4X 26 required notification of Redevelopment Agency intent to and source of payment of fiscal year 2009-2010 SERAF shift obligation. Dear Mr. Byrd: As required by AB 4X 26 signed into law by the Governor on July 1, 2009, this letter is intended to satisfy the Temecula Redevelopment Agency's requirement to notify the Riverside County Auditor of the Agency's intent to pay the fiscal year 2010-2011 SERAF shift obligation, and to indentify the funding source for that payment. Per the letter received by the Agency from the California State Department of Finance, dated November 13, 2009, the Temecula Redevelopment Agency's fiscal year 2010-2011 SERAF shift payment obligation is a total of $896,504. The Agency intends to make this payment in full, utilizing existing fund balance in the Agency's 20% Low and Moderate Housing Set -Aside Fund. This funding source has been approved by the Agency Board of Directors at its February 8, 2011 meeting. Please receive this letter as official notification and satisfaction of the requirement by AB 4X 26 that the Temecula Redevelopment Agency report to the County Auditor of its intent to pay and the source of funds for that payment. As you may know, the validity of the legislation mandating this SERAF transfer has been challenged in litigation pending in the Superior Court for Sacramento County, California Redevelopment Association et al. v. Genest et al., Case No. 34-2009-80000359-CU-WM-GDS (CRA v. Genest). This case alleges, among other things, that the duties of county auditors under Health and Safety Code Sections 33690(a) and 33690.5(a) to deposit funds received from redevelopment agencies in County Supplemental Educational Revenue Augmentation Funds are inconsistent with various state and federal constitutional provisions and are therefore unlawful and unenforceable. The Redevelopment Agency of the City of Temecula reserves any rights it may have to withhold the payment of funds to you under Health and Safety Code Section 33690 or to recover those funds after payment or transfer based on any order or judgment of the Court in CRA v. Genest. Sincerely, Mike Naggar Chairman Temecula Redevelopment Agency Printed on Recycled Paper 1 Item No. 10 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: February 08, 2011 SUBJECT: Resolution Opposing the Governor's Proposal to Eliminate Redevelopment Agencies and Letter to the Governor and State Legislators Opposing the Governor's Budget Proposal for Fiscal Year 2011-2012 PREPARED BY: Luke Watson, Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION IN OPPOSITION TO THE GOVERNOR'S PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN CALIFORNIA 2. Approve a Letter to the Governor and local Legislators opposing the Governor's budget proposal for Fiscal Year 2011-2012 BACKGROUND: On Monday, January 14th, Governor Jerry Brown released his proposed budget for Fiscal Year 2011-2012. In order to overcome a projected $25.4 billion funding gap for the remaining months of this current fiscal year and next fiscal year the Governor has proposed over $12.5 billion in program cuts and extensions of tax increases to close the budget gap. One major proposal which will adversely impact local jurisdictions statewide is the complete elimination of local Redevelopment Agencies. The loss of this locally generated revenue source, if successful, will be devastating to the local Temecula economy and jeopardize the current fragile economic recovery. The State has already taken over $8.3 million of local funds from the City of Temecula Redevelopment Agency. Redevelopment in Temecula has been an economic engine for the City since incorporation in 1989. The Redevelopment Agency has successfully leveraged $130 million in locally generated tax revenue to create over $1.6 billion in private investment for commercial, industrial development and affordable housing. This investment has created approximately 1,741 new jobs in Temecula. With the elimination of the Temecula Redevelopment Agency as an economic engine, there would be one less tool the City would have to help stimulate the local economy. The proposal will kill jobs and economic expansion at the worst possible time. Eliminating redevelopment will have a direct and lasting negative impact on the Temecula economy as well as the entire California economy and job creation. Redevelopment activities statewide support an average of 304,000 full- and part-time private sector jobs in a typical year, including 170,600 construction jobs. Contrary to misinformation from the State, local redevelopment agencies to not divert much needed funding from local schools and other taxing entities. In fact, at least half the of the taxes generated from the Temecula Redevelopment Agency are distributed to local schools, the County, the Rancho California Water District and other taxing entities. In fact, Temecula Valley Unified School District will receive $1.8 million in the current fiscal year from the Redevelopment Agency and a total of $13.8 million since 1989. This money is designated specifically for capital improvements, specifically new construction of needed facilities by the School District. Operations of public schools are funded 100% by the State of California. All school districts are apportioned the same amount of funding based on number of students. The $1.8 million in tax revenue from the Redevelopment Agency is separate and apart from money provided by the State. If the Redevelopment Agency is eliminated the School District could lose this annual funding source, thereby jeopardizing much needed funding for capital improvements which the State funding does not cover. The Temecula Redevelopment Agency not only benefits Temecula Unified School District, but the Redevelopment Agency has leveraged over $3.1 million in Agency assistance to attract and construct improvements for a satellite campus of Cal State San Marcos. This satellite campus provides, high quality, 4 -year educational opportunities for hundreds of students in Temecula without having to leave our community. This program in turn helps to train a high quality workforce to meet the demands of companies located in Temecula. FISCAL IMPACT: If the Governor's budget proposal passes and Redevelopment is eliminated the Redevelopment Agency will lose a current revenue stream, not committed to debt service, of over $3.5 million per year and no less than $63 million over the remaining 18 year life of the Redevelopment Agency. These revenues would be diverted to the State to be used at its discretion. Additionally, the elimination of Redevelopment could result in the loss of $1.8 annually in capital improvement funds for the Temecula Unified School District that are not covered by proposition 98 and will not be backfilled by the State. ATTACHMENTS: Resolution No. 11 - Letter to the Governor of the State of California Letter to State Assemblyman Kevin Jefferies Letter to State Senator Joel Anderson RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN OPPOSITION TO THE ADMINISTRATION'S PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN CALIFORNIA WHEREAS, as part of its 2011-12 budget proposal, the Governor has proposed permanently abolishing California's more than 400 local redevelopment agencies; and WHEREAS, this proposal represents more of the same misguided and illegal State budget raids of local government funds that voters have repeatedly sought to end, most recently in November 2010 when an overwhelming 61 % of voters elected to stop State raids of local government funds, including redevelopment funds; and WHEREAS, this proposal will bring very little financial benefit to the State. According to the State Controller's Office, redevelopment agencies have more than $87 billion in bond and other contractual obligations that legally must be repaid before revenues are available to any other purpose. In fact, according to the State Department of Finance's own budget documents, there will be zero State savings in out years from shutting down redevelopment; and WHEREAS, this proposal will destroy local economic development, including hundreds of thousands of jobs and billions of dollars in local economic activity throughout California. In fact, in Temecula, abolishing redevelopment will destroy the City of Temecula's ability to create affordable housing, pay for crucial infrastructure such as roads, bridges, and community facilities, and end fundamental services that the residents of the City have relied on for 20 years. The elimination of Redevelopment will also seriously damage the City's economic development activities which would hurt the City's ability to attract and retain large corporations that provide quality jobs for the City and region. Additionally, the elimination of Redevelopment will result in the loss of $1.8 in capital improvement funds for the Temecula Unified School District that are not covered by proposition 98 and will not be backfilled by the state. Without the tool of redevelopment the City of Temecula efforts to bring a four year university to the City will be set back a generation and may never be realized at all. WHEREAS, throughout California, redevelopment activities support 304,000 jobs annually, including 170,600 construction jobs, contribute over $40 billion annually to California's economy in the generation of goods and services, and generate more than $2 billion in state and local taxes in a typical year; and WHEREAS, eliminating redevelopment will take away one of the few tools local governments have to comply with state requirements to plan for more compact urban development supported by transit -oriented development, housing, jobs and infrastructure; and WHEREAS, eliminating redevelopment will destroy the development of affordable housing in California. Redevelopment agencies are the second largest funder of affordable housing, behind only the federal government, responsible for over 98,000 units of affordable housing since 1993; and WHEREAS, shutting down redevelopment agencies is a violation of multiple State and Federal constitutional provisions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA that City of Temecula formally opposes the Administration's proposal to abolish redevelopment in California. THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA, that City of Temecula authorizes its council and city staff to communicate its opposition to this proposal to the Governor, the Legislature, business groups, and citizens. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Ron Roberts, 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 day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk January 20, 2011 City of Temecula Community Development Redevelopment Agency 41000 Main Street • Temecula, CA 92590 P.O. Box 9033 • Temecula, CA 92589-9033 FAX (951) 694-6477 Honorable Jerry Brown c/o State Capitol, Suite 1173 Sacramento, CA 95814 RE: Eliminating or curtailing redevelopment will weaken the economy of the City of Temecula and not provide budget relief for the State Dear Governor Brown: As local elected officials, we understand the difficulty of passing a budget in these times of limited resources and worldwide economic meltdown. Here in Temecula we have been forced to make difficult decisions to bring our own budgets into balance. However, even in difficult times, your proposal to eliminate or curtail redevelopment in Temecula is short-sighted public policy that will damage our economy and bring little budget relief to the State. The proposal to eliminate redevelopment: • Will not provide expected budget relief to the State or local governments after bond issues and contractual obligations are repaid; • Will destroy billions of dollars in local economic activity and hundreds of thousands of jobs; • Will kill the state's leading program to provide affordable housing; and • Will harm our efforts to grow responsibly by focusing on urban and infill development. • Will cause hundreds if not thousands of jobs loses throughout the state as well as here in Temecula The proposal will not provide budget savings to the State or local governments. Redevelopment agencies issue bonds to finance redevelopment activities, which must be repaid with interest. Under the federal and state constitutions, these and other contractual obligations must be met before revenues are made available to any other entities or purposes. Agencies currently hold over $20 billion in bonded indebtedness. The proposal will kill jobs and economic expansion at the worst possible time. Eliminating redevelopment will have a direct and lasting negative impact on the California economy and job creation. 1 • Redevelopment activities support an average of 304,000 full- and part-time private sector jobs in a typical year, including 170,600 construction jobs. • Redevelopment contributes over $40 billion annually to California's economy in the generation of goods and services, including increasing the state's construction sector output by about $19 billion. • Redevelopment construction activities generate $2 billion in state and local taxes in a typical year. • The Temecula Redevelopment Agency has leveraged $130 million on tax revenue to create over $1.6 billion in private investment in the past 20 years. • The Temecula Redevelopment Agency has funded over $35 million towards the constructed or rehabilitated of over 910 affordable housing units since 1991 • The Temecula Redevelopment Agency has invested over $87 million dollars in major public improvements and job creating developments including: o California State San Marcos in Temecula o Several major bridge crossing over Murrieta Creek connecting our residential areas to our employment areas o Abbott Vascular, Inc East Campus Expansion which created 500 new high paying jobs in addition to the existing 3,500 jobs o Street improvements throughout the project area o Old Town Temecula Community Theatre o Old Town Parking Structure o Promenade Mall Parking Structure which facilitated a $150 million dollar mall expansion during this current recession o Parks o Old Town Square o Temecula History Museum o Temecula Senior Center o Children's Museum The proposal is bad for the environment, bad for working families, bad for our state. Eliminating redevelopment will take away the primary tool local governments have to comply with SB 375, to grow sustainably, and to provide affordable housing. Consider the following: • Infill -Centered Growth. Communities use redevelopment for cleaning up brownfield sites, building infill projects, and spurring local job creation. Redevelopment encourages infill development rather than greenfield development. Redevelopment agencies have the experience and tools needed to help implement the regional Sustainable Communities Strategy plans required by AB 3215B 375, and to alter the state's growth patterns. • Redevelopment is the second largest funder of affordable homes in California after the federal government. Over 98,000 units of affordable housing have been constructed or rehabilitated since 1993, including 910 homes in the City of Temecula. Twenty percent of property tax revenues generated from redevelopment activities must be spent on affordable housing. 2 This proposal runs completely contrary to the Governor's and Legislature's stated goals of realigning state services to provide more responsibility and funding locally. Redevelopment funds are already locally -generated property tax dollars (agencies do not receive State funding) directed toward community projects and programs directed by locally -elected officials with input from citizens. The proposal wipes out the only tool Temecula and other local governments have to drive economic growth, build up tax revenues, and grow sustainably. We urge you to reject this proposal. Sincerely, Ron Roberts Mike Naggar Mayor Chair City of Temecula Temecula Redevelopment Agency 3 January 20, 2011 City of Temecula Community Development Redevelopment Agency 41000 Main Street • Temecula, CA 92590 P.O. Box 9033 • Temecula, CA 92589-9033 FAX (951) 694-6477 Honorable Kevin Jeffries c/o State Capitol, Room 5128 Sacramento, CA 94249-0066 RE: Eliminating or curtailing redevelopment will weaken the economy of the City of Temecula and not provide budget relief for the State Dear Assemblyman Jeffries: As local elected officials, we understand the difficulty of passing a budget in these times of limited resources and worldwide economic meltdown. Here in Temecula we have been forced to make difficult decisions to bring our own budgets into balance. However, even in difficult times, the Governor's proposal to eliminate or curtail redevelopment in Temecula is short-sighted public policy that will damage our economy and bring little budget relief to the State. The proposal to eliminate redevelopment: • Will not provide expected budget relief to the State or local governments after bond issues and contractual obligations are repaid; • Will destroy billions of dollars in local economic activity and hundreds of thousands of jobs; • Will kill the state's leading program to provide affordable housing; and • Will harm our efforts to grow responsibly by focusing on urban and infill development. • Will cause hundreds if not thousands of jobs loses throughout the state as well as here in Temecula The proposal will not provide budget savings to the State or local governments. Redevelopment agencies issue bonds to finance redevelopment activities, which must be repaid with interest. Under the federal and state constitutions, these and other contractual obligations must be met before revenues are made available to any other entities or purposes. Agencies currently hold over $20 billion in bonded indebtedness. The proposal will kill jobs and economic expansion at the worst possible time. Eliminating redevelopment will have a direct and lasting negative impact on the California economy and job creation. 1 • Redevelopment activities support an average of 304,000 full- and part-time private sector jobs in a typical year, including 170,600 construction jobs. • Redevelopment contributes over $40 billion annually to California's economy in the generation of goods and services, including increasing the state's construction sector output by about $19 billion. • Redevelopment construction activities generate $2 billion in state and local taxes in a typical year. • The Temecula Redevelopment Agency has leveraged $130 million on tax revenue to create over $1.6 billion in private investment in the past 20 years. • The Temecula Redevelopment Agency has funded over $35 million towards the constructed or rehabilitated of over 910 affordable housing units since 1991 • The Temecula Redevelopment Agency has invested over $87 million dollars in major public improvements and job creating developments including: o California State San Marcos in Temecula o Several major bridge crossing over Murrieta Creek connecting our residential areas to our employment areas o Abbott Vascular, Inc East Campus Expansion which created 500 new high paying jobs in addition to the existing 3,500 jobs o Street improvements throughout the project area o Old Town Temecula Community Theatre o Old Town Parking Structure o Promenade Mall Parking Structure which facilitated a $150 million dollar mall expansion during this current recession o Parks o Old Town Square o Temecula History Museum o Temecula Senior Center o Children's Museum The proposal is bad for the environment, bad for working families, bad for our state. Eliminating redevelopment will take away the primary tool local governments have to comply with SB 375, to grow sustainably, and to provide affordable housing. Consider the following: • Infill -Centered Growth. Communities use redevelopment for cleaning up brownfield sites, building infill projects, and spurring local job creation. Redevelopment encourages infill development rather than greenfield development. Redevelopment agencies have the experience and tools needed to help implement the regional Sustainable Communities Strategy plans required by AB 3215B 375, and to alter the state's growth patterns. • Redevelopment is the second largest funder of affordable homes in California after the federal government. Over 98,000 units of affordable housing have been constructed or rehabilitated since 1993, including 910 homes in the City of Temecula. Twenty percent of property tax revenues generated from redevelopment activities must be spent on affordable housing. 2 This proposal runs completely contrary to the Governor's and Legislature's stated goals of realigning state services to provide more responsibility and funding locally. Redevelopment funds are already locally -generated property tax dollars (agencies do not receive State funding) directed toward community projects and programs directed by locally -elected officials with input from citizens. The proposal wipes out the only tool Temecula and other local governments have to drive economic growth, build up tax revenues, and grow sustainably. We urge you to reject this proposal. Sincerely, Ron Roberts Mike Naggar Mayor Chair City of Temecula Temecula Redevelopment Agency 3 February 8, 2011 City of Temecula Community Development Redevelopment Agency 41000 Main Street • Temecula, CA 92590 P.O. Box 9033 • Temecula, CA 92589-9033 FAX (951) 694-6477 Honorable Joel Anderson c/o State Capitol, Room 2054 Sacramento, CA 94248-0001 RE: Eliminating or curtailing redevelopment will weaken the economy of the City of Temecula and not provide budget relief for the State Dear State Senator Anderson: As local elected officials, we understand the difficulty of passing a budget in these times of limited resources and worldwide economic meltdown. Here in Temecula we have been forced to make difficult decisions to bring our own budgets into balance. However, even in difficult times, the Governor's proposal to eliminate or curtail redevelopment in Temecula is short-sighted public policy that will damage our economy and bring little budget relief to the State. The proposal to eliminate redevelopment: • Will not provide expected budget relief to the State or local governments after bond issues and contractual obligations are repaid; • Will destroy billions of dollars in local economic activity and hundreds of thousands of jobs; • Will kill the state's leading program to provide affordable housing; and • Will harm our efforts to grow responsibly by focusing on urban and infill development. • Will cause hundreds if not thousands of jobs loses throughout the state as well as here in Temecula The proposal will not provide budget savings to the State or local governments. Redevelopment agencies issue bonds to finance redevelopment activities, which must be repaid with interest. Under the federal and state constitutions, these and other contractual obligations must be met before revenues are made available to any other entities or purposes. Agencies currently hold over $20 billion in bonded indebtedness. The proposal will kill jobs and economic expansion at the worst possible time. Eliminating redevelopment will have a direct and lasting negative impact on the California economy and job creation. 1 • Redevelopment activities support an average of 304,000 full- and part-time private sector jobs in a typical year, including 170,600 construction jobs. • Redevelopment contributes over $40 billion annually to California's economy in the generation of goods and services, including increasing the state's construction sector output by about $19 billion. • Redevelopment construction activities generate $2 billion in state and local taxes in a typical year. • The Temecula Redevelopment Agency has leveraged $130 million on tax revenue to create over $1.6 billion in private investment in the past 20 years. • The Temecula Redevelopment Agency has funded over $35 million towards the constructed or rehabilitated of over 910 affordable housing units since 1991 • The Temecula Redevelopment Agency has invested over $87 million dollars in major public improvements and job creating developments including: o California State San Marcos in Temecula o Several major bridge crossing over Murrieta Creek connecting our residential areas to our employment areas o Abbott Vascular, Inc East Campus Expansion which created 500 new high paying jobs in addition to the existing 3,500 jobs o Street improvements throughout the project area o Old Town Temecula Community Theatre o Old Town Parking Structure o Promenade Mall Parking Structure which facilitated a $150 million dollar mall expansion during this current recession o Parks o Old Town Square o Temecula History Museum o Temecula Senior Center o Children's Museum The proposal is bad for the environment, bad for working families, bad for our state. Eliminating redevelopment will take away the primary tool local governments have to comply with SB 375, to grow sustainably, and to provide affordable housing. Consider the following: • Infill -Centered Growth. Communities use redevelopment for cleaning up brownfield sites, building infill projects, and spurring local job creation. Redevelopment encourages infill development rather than greenfield development. Redevelopment agencies have the experience and tools needed to help implement the regional Sustainable Communities Strategy plans required by AB 3215B 375, and to alter the state's growth patterns. • Redevelopment is the second largest funder of affordable homes in California after the federal government. Over 98,000 units of affordable housing have been constructed or rehabilitated since 1993, including 910 homes in the City of Temecula. Twenty percent of property tax revenues generated from redevelopment activities must be spent on affordable housing. 2 This proposal runs completely contrary to the Governor's and Legislature's stated goals of realigning state services to provide more responsibility and funding locally. Redevelopment funds are already locally -generated property tax dollars (agencies do not receive State funding) directed toward community projects and programs directed by locally -elected officials with input from citizens. The proposal wipes out the only tool Temecula and other local governments have to drive economic growth, build up tax revenues, and grow sustainably. We urge you to reject this proposal. Sincerely, Ron Roberts Mike Naggar Mayor Chair City of Temecula Temecula Redevelopment Agency 3 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 11 ACTION MINUTES of January 25, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:12 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 9 Action Minutes - Approved Staff Recommendation (4-0-1) — Director Edwards made the motion; it was seconded by Director Naggar and electronic vote reflected approval with the exception of Director Washington who was absent RECOMMENDATION: 9.1 Approve the action minutes of January 11, 2011. 10 Youth Work Experience Program Partnership - Approved Staff Recommendation (4- 0-1) — Director Edwards made the motion; it was seconded by Director Naggar and electronic vote reflected approval with the exception of Director Washington who was absent RECOMMENDATION: 10.1 Approve the Memorandum of Understanding between Oasis Perris Youth Opportunity Center and the Temecula Community Services District to establish a youth employment work experience program. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes\012511 1 CSD ADJOURNMENT At 7:14 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, February 8, 2011, at 5:30 PM., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes\012511 2 REDEVELOPMENT AGENCY Item No. 12 ACTION MINUTES of JANUARY 25, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:14 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 12 Action Minutes - Approved Staff Recommendation (4-0-1) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Agency Member Washington who was absent RECOMMENDATION: 12.1 Approve the action minutes of January 11, 2011. RDA Action Minutes\012511 1 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:16 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, February 8, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDA Action Minutes\012511 2 Item No. 13 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: February 08, 2011 SUBJECT: Funding Source for AB 4X 26 Supplemental Educational Revenue Augmentation Fund Payment PREPARED BY: Luke Watson, Management Analyst RECOMMENDATION: That the Board of Directors approve the borrowing of Eight Hundred Ninety Six Thousand Five Hundred Four Dollars ($896,504) from the Agency's Low and Moderate Income Housing Fund for the purposes of paying the Agency's Fiscal Year 2010-2011 SERAF obligation. 1. Adopt a resolution entitled: RESOLUTION NO. RDA 11- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA PROVIDING FOR THE PAYMENT OF ITS SUPPLEMENTAL EDUCATIONAL REVENUE OBLIGATION FOR FISCAL YEAR 2010-11 BACKGROUND: On July 28, 2009 the Governor signed AB 4X 26 to address the fiscal emergency declared by the Governor on July 1, 2009. This bill amends the Health and Safety code to require a $1.7 billion SERAF shift from redevelopment agencies for Fiscal Year 2009-2010 and a $350 million SERAF shift for Fiscal Year 2010-2011. Per this legislation, the California State Department of Finance has notified the Agency that its payment obligation for Fiscal Year 2010- 2011 SERAF shift is $896,504. AB 4X 26 provides Redevelopment Agencies with the ability to loan themselves housing set-aside funds in order to meet their SERAF shift obligation if findings are made that insufficient other moneys are available to meet that obligation. After analysis of the Agency's finances it is staff's opinion that the only feasible way to meet the Fiscal Year 2010-2011 SERAF payment is to borrow the full amount from the housing set-aside fund. Therefore, Agency staff recommends that the $896,504 SERAF payment obligation for Fiscal Year 2010-2011 be paid with existing funds in the Agency's housing set-aside fund. FISCAL IMPACT: If approved the Agency's would borrow from the housing set-aside fund a total of $896,504 in order to meet the Fiscal Year 2414-2011 SERAF obligation. The Agency would be required to repay the housing set-aside fund the entire amount borrowed by June 30, 2016. The Agency intends to repay its housing set-aside loan with tax increment revenues that would have otherwise gone to the Agency's redevelopment fund. ATTACHMENT: Resolution RESOLUTION NO. RDA 11- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA PROVIDING FOR THE PAYMENT OF ITS SUPPLEMENTAL EDUCATIONAL REVENUE OBLIGATION FOR FISCAL YEAR 2010-11 THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA HEREBY RESOLVE AS FOLLOWS: Section 1. The Agency hereby finds, determines, and declares as follows: (a) Chapter 21 of the Statutes of 2009 (AB 4X 26) and Chapter 652 of the Statutes of 2009 (SB 68) enacted Health and Safety Code Section 33690 requiring redevelopment agencies in the state to pay certain amounts to the county auditor for deposit into the county's Supplemental Educational Revenue Augmentation Fund ("SERAF"). (All further references to "sections" shall be to sections of the Health and Safety Code.) (b) Section 33690(c)(1) authorizes redevelopment agencies to borrow from either the amount required to be allocated to the agency's low and moderate income housing fund, pursuant to Sections 33334.2, 3334.3, and 33334.6, or any monies in that fund or both, unless executed contracts exist that would be impaired if the agency reduced the amount allocated to the low and moderate income housing fund or the amount of moneys in the fund, or both. 1) In order to borrow from the low and moderate income housing fund for payment of SERAF, an agency shall make a finding that there are insufficient other moneys to meet the SERAF payment requirements. 2) Any funds borrowed from the low and moderate income housing fund for payment of SERAF shall be repaid in full on or before June 30, 2016. Section 2. Pursuant the provisions of Section 33690, the Agency specifically finds and determines that: (a) There are no existing executed contracts to which the Agency is a party that would be impaired if the agency reduced the amount allocated to the Low and Moderate Income Housing Fund or the amount of moneys in the fund, or both. (b) There are insufficient other moneys to meet the SERAF payment requirements of Section 33690(a). Section 3. The Agency hereby approves the borrowing of eight hundred ninety six thousand five hundred four dollars and 00/100 ($896,504) from the Agency's Low and Moderate Income Housing Fund for the purposes of paying the Agency's SERAF obligation pursuant to Section 33690(a).The funds borrowed from the Low And 11087-0001\1202761 v1 Moderate Income Housing Fund for payment of SERAF shall be repaid in full to the Low And Moderate Income Housing Fund on or before June 30, 2016. The Agency hereby appropriates said funds for the purposes of paying the SERAF obligation and authorizes the Executive Director or his designee to make the required SERAF payment to the Auditor as required by law. PASSED, APPROVED, AND ADOPTED by the Members of the Redevelopment Agency of the City of Temecula this day of , ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] -2- 11087-0001\1202761 v1 Michael S. Naggar, Chairperson STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 11- was duly and regularly adopted by the Members of the Redevelopment Agency of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: -3- 11087-0001\1202761 v1 Susan W. Jones, MMC City ClerklBoard Secretary TEMECULA PUBLIC FINANCING AUTHORITY Item No. 14 ACTION MINUTES of JULY 27, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA PUBLIC FINANCING AUTHORITY The Temecula Public Financing Authority convened at 7:26 P.M. CALL TO ORDER: Chair Person Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero TPFA PUBLIC COMMENTS There were no public comments. TPFA BUSINESS 16 Action Minutes - Approved Staff Recommendation (5-0-0) Agency Member Edwards made the motion; it was seconded by Agency Member Roberts and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Approve the action minutes of July 28, 2009. 17 Authorization of Special Tax Levy in Community Facilities District No. 03-1 (Crowne Hill) - Approved Staff Recommendation (5-0-0) Agency Member Roberts made the motion; it was seconded by Agency Member Edwards and electronic vote reflected unanimous approval. RECOMMENDATION: Finance Director Genie Roberts presented the staff report (of record) for Items 17 through 22. 17.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 10-02 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) R:1Minutes.tpfa1072710 1 18 Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) - Approved Staff Recommendation (5-0-0) Agency Member Roberts made the motion; it was seconded by Agency Member Edwards and electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 10-03 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) 19 Authorization of Special Tax Levy in Community Facilities District No. 03-6 (Harveston Ia- Approved Staff Recommendation (5-0-0) Agency Member Roberts made the motion; it was seconded by Agency Member Edwards and electronic vote reflected unanimous approval. RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 10-04 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) 20 Authorization of Special Tax Levy in Community Facilities District No. 03-2 (Roripaugh Ranch) - Approved Staff Recommendation (5-0-0) Agency Member Roberts made the motion; it was seconded by Agency Member Edwards and electronic vote reflected unanimous approval. RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 10-05 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) R:\Minutes.tpfa\072710 2 21 Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) - Approved Staff Recommendation (5-0-0) Agency Member Roberts made the motion; it was seconded by Agency Member Edwards and electronic vote reflected unanimous approval. RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 10-06 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) 22 Community Facilities District No. 2003-02 (Roripauqh Ranch) Initiation of Action Necessary to Foreclose Delinquent Special Tax Liens - Approved Staff Recommendation (5-0-0) Agency Member Washington made the motion; it was seconded by Agency Member Roberts and electronic vote reflected unanimous approval. RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 10-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) Finance Director Genie Roberts presented the staff report as per agenda material (of record.) R:\Minutes.tpfa\072710 3 ADJOURNMENT At 7:30 P.M., the Temecula Public Financing Authority Meeting was formally adjourned. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:1Minutes.tpfa1072710 4 Item No. 15 Approvals City Attorney Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: General Manager/Board of Directors FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: February 8, 2011 SUBJECT: Change in Location for the Temecula Public Financing Authority RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUHORITY OF THE CITY OF TEMECULA, AMENDING TPFA RESOLUTION NO. 01-01, CHANGING THE LOCATION AND THE ADDRESS OF TPFA MEETINGS BACKGROUND: Due to the recent completion of the new Civic Center, the Temecula Public Financing Authority Meetings will now be held at the Temecula Civic Center, Council Chambers at 41000 Main Street, Temecula, California. These meetings will take place on the second and fourth Tuesday of each month at 7:00 p.m. The authority mailing address is established at Temecula Public Financing Authority, c/o City of Temecula, 41000 Main Street, P.O. Box 9033, Temecula, California 92589-9033, Attention: Executive Director. With the exception of the deletion of Section 9, all other terms of TPFA Resolution No. 01-01 will remain in full force and effect. FISCAL IMPACT: None. ATTACHMENTS: Resolution TPFA 11- RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY, AMENDING TPFA RESOLUTION NO. 01-01, CHANGING THE LOCATION AND THE ADDRESS OF TPFA MEETINGS Section 1. Section 2 of TPFA Resolution No. 01-01 is hereby amended to read as follows. All meetings of the Board of Directors shall be held at the regular meeting place of the City Council of the City, unless the Board of Directors shall adjourn to or fix another place of meeting in a notice to be given thereof, or unless prevented by flood, fire or other disaster. Said regular meeting place is hereby fixed and established at the Temecula Civic Center, City Council Chambers, 41000 Main Street, Temecula, California. Section 2. The office of the Authority and its official mailing address are hereby fixed and established at Temecula Public Financing Authority c/o City of Temecula, 41000 Main Street, P.O. Box 9033, Temecula, California 92589-9033, Attention: Executive Director. Section 3. Section 9 of Resolution No. TPFA 01-01, compensation of Board Members, is hereby deleted. Section 4. Except as provided above, all other terms remain in full force from TPFA Resolution 01-01. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this day of , 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 Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 11- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the day of, , by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary PUBLIC HEARING Item No. 16 Approvals City Attorney Director of Finance City Manager M -r• CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: February 8, 2011 SUBJECT: Approval for levying an assessment for fiscal year 2011 -2012 in connection with the Temecula Valley Tourism Business Improvement District (TVTBID) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council: 1. Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District. 2. Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the formation of the proposed District. 3. If the City Clerk reports that there is not a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2011-12 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) BACKGROUND: On December 13, 2005, a Public Hearing was held to consider protests regarding the formation of the Temecula Valley Tourism Business Improvement District (TVTBID). A majority protest was not received and, therefore, Council enacted an ordinance establishing the TVTBID. Also adopted were resolutions to levy an annual assessment and resolutions to establish an advisory board for the TVTBI D. A Management Agreement between the City of Temecula and The Convention and Visitors Bureau (CONVIS) was also approved for the operation and administration of the TVTBID. The formation of the TVTBID was initiated by the lodging establishments and the CONVIS and currently is comprised of 14 lodging establishments within the City limits of Temecula. There were no new lodging businesses established in fiscal year 201012011. In addition, there are currently no new lodging businesses anticipated to open in fiscal year 2011/12. According to the Parking and Business Improvement Area Law of 1989 (the Law), the City Council is authorized to annually undertake proceedings to levy an assessment against businesses within the TVTBID. In accordance with Section 36533 of the Law, the TVTBID Advisory Board has prepared and filed with the City Clerk a report for fiscal year 2011-12. The report, which was presented to City Council and approved on January 25, 2011, thoroughly details the proposed budget and activities, and programs and events for the District for the coming year. After approving the report, City Council adopted Resolution No. 11-11 to declare its intention to levy an assessment against lodging businesses for fiscal year 2011-12 within the District and to set the time and place of a Public Hearing. The annual levy represents 4% of the room rates collected. This levy is a tax on the lodging guests and riot on the citizens of Temecula. These funds are expended for the purpose of marketing and promoting tourism in the Temecula Valley area as a tourist destination to the benefit of lodging businesses located and operating within the boundaries of the District. To date, there have been no protests of the tax by any of the lodging operators. The Convention and Visitors Bureau is responsible for the budgeting and spending of the funds in accordance with the Management Agreement between the City of Temecula and the Convention and Visitors Bureau for the operation and administration of the Temecula Valley Tourism Business Improvement District for the purposes of promoting tourism and attracting more customers who will patronize the lodging business in the District as identified in Temecula Ordinance No. 05-17 which added Chapter 3.40 to the Temecula Municipal Code. At this Public Hearing, testimony will be heard and protests may be made by any person with an interest in the proposed levy. In the absence of a majority protest, it is recommended that the City Council adopt the resolution to levy the assessment for the fiscal year 2011-12 (March 1, 2011 through February 28, 2012). FISCAL IMPACT: It is anticipated that the 4% annual assessment would result in the collection of approximately $939,087 in fiscal year 2011-12 which would be used by the CONVIS for the promotion of tourism. The City would receive up to 2% of the assessments, or approximately $18,782, to offset administrative costs. ATTACHMENTS: Resolution No. 11- RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2011-2012 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq. (the "Act"), authorizes the City Council (the "City Council") of the City of Temecula (the "City") to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City. Section 2. Pursuant to the Act, the City Council adopted Chapter 3.40 of the Temecula Municipal Code establishing the Temecula Valley Tourism Business Improvement District (the "District") in the City. Section 3. The boundaries of the District are the boundaries of the City and include all lodging businesses therein (as defined in Temecula Municipal Code Section 3.40.020). Section 4. In accordance with Section 36533 of the Law, the Advisory Board for the District prepared and filed with the City Clerk reports entitled "2010-2011 Annual Report" and "2011-2012 Annual Report: Budget and Marketing Plan" (the "Reports"), and on January 25, 2011, Resolution No. 11-10, the City Council preliminarily approved such Report as filed. Section 5. On January 25, 2011, the City Council adopted its Resolution of Intention, Resolution No. 11-11, declaring its intention to levy and collect an assessment for fiscal year 2011-2012 (March 1, 2011 through February 28, 2012) against lodging businesses in the District. Section 6. Following notice duly given pursuant to law, the City Council has held a full and fair public hearing regarding the levy and collection of an assessment within the District for fiscal year 2011-2012. At the public hearing, the testimony of all interested persons regarding the levy of an assessment against lodging businesses within the District for fiscal year 2011-2012 was heard and considered. The City Council hereby determines that there was no majority protest within the meaning of the Act. Section 7. Based upon its review of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City, the City Council hereby finds and determines that (i) the lodging businesses in the District will be benefited by the expenditure of funds raised by the assessment for fiscal year 2011-2012, (ii) the District includes all of the businesses so benefited; and (iii) the net amount of the assessment levied within the District for fiscal year 2011-2012 in accordance with Resolution No. 11-11, the Report, and Chapter 3.40 of the Temecula Municipal Code is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such lodging business. Section 8. The City Council hereby confirms the Report as originally filed. Section 9. The adoption of this Resolution constitutes the levy of an assessment for fiscal year 2011-2012. The assessment formula is set forth in Chapter 3.40 of the Temecula Municipal Code. Assessments shall be paid in monthly installments. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of February, 2011. Ron Roberts, 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. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of February, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 17 Approvals City Attorney Director of Finance City Manager ff1/-e-r. aOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: February 8, 2011 SUBJECT: A Major Modification to the Temecula Regional Hospital Development Plan PREPARED BY: Stuart Fisk, Senior Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0194, A MAJOR MODIFICATION TO A DEVELOPMENT PLAN (PA07-0200) FOR THE TEMECULA REGIONAL HOSPITAL TO CHANGE THE PHASING OF THE PROJECT BY REDUCING THE NUMBER OF BEDS FROM 170 TO 140 FOR PHASE I OF THE PROJECT, TO MODIFY THE BUILDING FACADES OF THE HOSPITAL TOWERS, TO RELOCATE THE TRUCK LOADING BAYS AND SERVICE YARD, TO RESTRICT SITE ACCESS TO AND FROM DE PORTOLA ROAD TO EMERGENCY VEHICLES, AND TO RELOCATE MECHANICAL EQUIPMENT FROM AN OUTDOOR AREA AT THE SERVICE YARD TO AN EXPANDED INDOOR AREA AT THE NORTHERN PORTION OF THE HOSPITAL BUILDING ON 35.3 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY, APPROXIMATELY 800 FEET WEST OF MARGARITA ROAD (APN 959-080-001 THRU 004 AND 951-080-007 THRU 010) BACKGROUND: On June 18, 2010, Universal Health Services of Rancho Springs, Inc. filed Planning Application PA10-0194, a Major Modification to change the phasing of the Project by reducing the number of hospital beds from 170 beds to 140 beds for Phase I of the Project; to modifiy the building facades of the hospital towers; to relocate the truck loading bays and service yard; and to relocate mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the norther portion of the hospital building. At build -out of the Project site, identified as the year 2026 by the Project applicant, the Project would include a total of 320 hospital beds and all of the medical office buildings, cancer center, and fitness center areas identified in the previously approved Development Plan and Conditional Use Permit. The total square footage of all the buildings at build -out of the Project remains at 566,160 square feet, consistent with the previously approved Project and the environmental analysis performed for the 2008 Final Supplemental EIR. Consistent with Section 15164 of the California Environmental Quality Act (CEQA), an addendum to the previously adopted Final EIR and Supplemental EIR for the Project was prepared for this modification application. The addendum concluded the proposed minor modifications would not cause any new impacts riot identified in the EIR and FSEIR and would riot increase the severity of any impact identified in the EIR and FSEIR. It also concluded that there has been no change in circumstances under which the hospital Project will be carried out that would increase the severity of previously identified impacts and that there is no new information indicating that new and better feasible mitigation is available to address the previously identified impacts. The addendum further concluded that the mitigation measures contained in the previously approved 2008 FSEIR and Mitigation Monitoring Program adopted in 2008 remain applicable to the Project as modified. Therefore, an addendum is appropriate for the proposed modification to the hospital Project. On December 15, 2010, staff presented the proposed Major Modification to the Planning Commission. Included in the Planning Commission's review and discussion of the Project was consideration of the items asked by the Temecula Hospital Adhoc Subcommittee, consisting of Councilmembers Comerchero and Naggar. Based on the information provided to the Planning Commission in the staff report and at the Planning Commission hearing, the Planning Commission determined that the Major Modification application is consistent with the previous hospital approvals, that the proposed hospital building architecture is acceptable per the Citywide Design Guidelines, and that the proposed changes in the Project do riot require the adoption of additional mitigation measures. Kenneth Ray, a resident in the vicinity of the Project site, spoke at the Planning Commission hearing and submitted written correspondence (attached). Mr. Ray requested that three Conditions of Approval be added to the Major Modification, including: 1) all major equipment must conform to latest and best standards for noise reduction such that noise from these sources is negligivble at the property line; 2) trash service and deliveries to the loading dock be restricted to the hours of 8 a.m. to 6 p.m., and all vehicles providing these services will enter and leave the hospital grounds via the Temecula Parkway entrances only; and 3) the De Portola access be restricted to emergency vehicles only. The Planning Commission recommended that the proposed conditions number 1 and 2 be added to the Conditions of Approval for the Major Modification application and requested that staff review whether the De Portola access could be restricted to emergency vehicles only. Staff has reviewed the De Portola access conditon and has determined that restricting access to and from De Portola road would have impacts on surrounding roadway segments and intersections that were riot analyzed in the environmental review. Therfore, staff does not recommend adding a Condition of Approval to restrict access to or from De Portoal Road. Staff also reveiwed Mr. Ray's proposed conditons relating to noise, trash service, and deliveries and has concuded that these conditons should be consistent with the City's Noise Ordinace, and that the City's Noise Ordinance would allow for trash servide and deliveries beginning at 7 a.m. and that restricting the De Portola access to emergecy vehicles only would be acceptable. Staff therefore recommends that these conditions be revised as follows: 1) All major equipment (elevator motors, generators, air conditioning, etc., and soundproofing of same) shall conform to the latest best standards for noise reduction such that noise from these sources conforms to the City's Noise Ordinance (see Condition of Approval number 21); and 2) trash service and deliveries to the loading dock shall be restricted to the hours of 7:00 a.m. to 6:00 p.m. All vehicles providing these services shall enter and leave the hospital grounds via the Temecula Parkway or Dona Lynora Road entrances only (see Condition of Approval number 22). With the addition of the recommended Conditons of Approval, the Planning Commission unanimously recommended adoption of the EIR addendum and approval of the proposed Major Modification. FISCAL IMPACT: None. ATTACHMENTS: Planning Commission Staff Report of December 15, 2010 Resolution Exhibit A — Draft Conditions of Approval Public Correspondence DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION December 15, 2010 Stuart Fisk, Case Planner Planning Application No. PA10-0194, a Major Modification to a Development Plan (PA07-0200) for the Temecula Regional Hospital to change the phasing of the project by reducing the number of beds from 170 to 140 for Phase I of the project, to modify the building facades of the hospital towers, to relocate the truck loading bays and service yard, and to relocate mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the northern portion of the hospital building on 35.3 acres generally located on the north side of Temecula Parkway, approximately 800 feet west of Margarita Road Recommend that the City Council Approve with Conditions Addendum to an El R; Section 15164 PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Universal Health Services of Rancho Springs, Inc. Professional Office (PO) Zoning Designation: Temecula Hospital Planned Development Overlay -9 (PDO -9) Existing Conditions/ Land Use: Site: Vacant North: Very Low Density Residential (VL) South: Temecula Parkway, Low Medium Residential (LM), Community Commercial (CC) East: Professional Office (PO), Highway/Tourist Commercial (HT), PDO -8 West: PD0-6 (Rancho Pueblo Planned Development Overlay) Lot Area: Total Floor Area/Ratio: Landscape Area/Coverage: Parking Required/Provided: Existinq/Proposed Min/Max Allowable or Required 35.3 acres 5.0 acres 0.36 proposed 33.3% proposed 1,278 spaces 1 0.30 minimum/1.0 maximum 25.0% minimum 897 spaces BACKGROUND SUMMARY On June 30, 2004, Universal Health Services of Rancho Springs, Inc. ("UHS"), filed Planning Application No. PA04-0462, General Plan Amendment; on October 12, 2005 filed PA05-0302, Zone Change to PDO -9 (Planned Development Overlay -9); on June 30, 2004 filed PA04-0463, Conditional Use Permit and Development Plan; and on November 4, 2004 filed PA04-0571, Tentative Parcel Map for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). On April 6, 2005, the Planning Commission considered the Project at a noticed public hearing. Based on testimony presented by the general public, the Planning Commission determined that an Environmental Impact Report would be required for this Project. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and was circulated for public review from September 28, 2005 through October 28, 2005. On November 16, 2005, and again on January 5, 2006, the Planning Commission considered the Project at noticed public hearings. After consideration of the project at the noticed public hearings, the Planning Commission adopted Resolution No. 06-01 recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project, adopted Resolution No. 06-02 recommending approval of the General Plan Amendment (PA04-0462), adopted Resolution No. 06-03 recommending approval of the Zone Change (PA05-0302), adopted Resolution No. 06-04 recommending approval of the Conditional Use Permit and Development Plan (PA04-0463), and adopted Resolution No. 06-06 recommending approval of the Tentative Parcel Map (PA04-0571). On January 24, 2006, the City Council held a noticed public hearing on the Final Environmental Impact Report and on the Conditional Use Permit and Development Plan for the Project (PA04- 0463). Following due consideration of the proposed Project, the City Council adopted Resolution No. 06-05, certifying the Final Environmental Impact Report for the project, adopted Resolution No. 06-06, amending the General Plan to remove the project site from the Z "Future Specific Plan" overlay designation and corresponding two-story height restriction (PA04-0462), adopted Resolution No. 06-07, approving the Conditional Use Permit and Development Plan for the Project (PA04-0463), and adopted Resolution No. 06-08, approving Tentative Parcel Map No. 32468 to consolidate the project's eight lots into one lot (PA04-0571). On February 24, 2006, the California Nurses Association and Citizens Against Noise and Traffic each filed a separate petition challenging the City of Temecula's approval of the Temecula Regional Hospital project proposed by Universal Health Services, Inc. On May 3, 2007, the Riverside County Superior Court ordered that the City of Temecula set aside its approval of the Project, including without limitation, its certification of the Final Environmental Impact Report and all related approvals and permits, until the City of Temecula has taken the actions necessary to bring the Project into compliance with the California Environmental Quality Act ("CEQA"). The Riverside County Superior Court ruled in favor of the California Nurses Association and Citizens Against Noise and Traffic, holding that: (1) the 2 MTBE plume was not properly analyzed in the Final Environmental Impact Report; (2) the siren noise at the hospital was significant and should have been mitigated; and (3) not all feasible traffic mitigation measures were adopted for cumulative traffic impacts. The Riverside County Superior Court also held that the Final Environmental Impact Report properly addressed: (1) cumulative noise, light and glare, and aesthetic impacts; (2) landscaping mitigation deferral; (3) biological resources; (4) geology and soils mitigation; and (5) land use consistency. On July 3, 2007, Universal Health Services, Inc., submitted Planning Application PA07-0198, a General Plan Amendment, PA07-0199, a Zone Change, PA07-0200, a Development Plan, PA07-0201, a Tentative Parcel Map, and PA07-0202, a Conditional Use Permit, for a 320 -bed hospital, 80,000 square foot medical office building, 60,000 square foot medical office building, 10,000 square foot cancer center, and an 8,000 square foot fitness center for the 35.3 acre project generally located on the north side of Temecula Parkway, approximately 800 feet west of Margarita Road. On July 12, 2007, another scoping session was held to determine the extent of issues to be addressed in the new Environmental Impact Report for the Project. In response to the Riverside County Superior Court's decision, a new Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from November 5, 2007 through December 5, 2007. On January 9, 2008, the Planning Commission considered Planning Application Nos. PA07- 0198 (General Plan Amendment), PA07-0199 (Zone Change), PA07-0202 (Conditional Use Permits), PA07-0200 (Development Plan), PA07-0201 (Tentative Parcel Map), and PA07-0202 (Conditional Use Permit) at a noticed public hearing. Following consideration of the project at the public hearing, the Planning Commission adopted Resolution No. 08-01 recommending that the City Council certify the new Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project, adopted Resolution No. 08-02 recommending approval of the General Plan Amendment (PA07-0198), adopted Resolution No. 08-03 recommending approval of the Zone Change (PA07-0199), adopted Resolution No. 08-04 recommending approval of the Conditional Use Permit (PA07-0202), adopted Resolution No. 08-05 recommending approval of the Development Plan (PA07-0200). On January 22, 2008, the City Council rescinded and invalidated its approvals of Planning Application Numbers. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO -9 (Planned Development Overlay -9); PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map for the project. On January 22, 2008, the City Council considered the Development Plan (PA07-0200) at a noticed public hearing and adopted Resolution No. 08-10, certifying the Supplemental Environmental Impact Report for the project, adopted Resolution No. 08-11 approving the Zone Change (PA07-0198), adopted Resolution 08-12 approving the Conditional Use Permit (PA07- 0202, adopted Resolution 08-13 approving the Development Plan (PA07-0200), and adopted Resolution 08-14 approving the Tentative Parcel Map (PA07-0201). On December 30, 2009, Universal Health Services of Rancho Springs, Inc., applied for a first Extension of Time for the Development Plan and Conditional Use Permit. The City Council approved Resolution No. 10-08 for the Extension of Time on January 26, 2010, thereby extending the approval of the Development Plan and Conditional Use Permit to January 22, 2011. In Resolution 10-08 the City Council specified that in construing the phrase "beginning of 3 substantial construction contemplated by this approval" as used in Condition No. 9 of Resolution No. 08-12 and Condition No. 5 of Resolution No. 08-13 the Council will consider the following schedule of actions required to begin substantial construction of the Hospital in 2010: (1) the submission by UHS of all documents required for the City to issue a grading and a building permit for the Hospital on or before April 30, 2010; (2) the award of a construction contract for the Hospital by July 1, 2010; (3) commencement of actual construction of the Hospital foundations by October 1, 2010; and (4) diligent progress on the construction of the Hospital thereafter. The City Council further specified in Resolution 10-08 that in approving the extension of the land use entitlements for the Hospital and Ancillary Facilities, the City Council did not approve the "Temecula Medical Campus Development Timeline" described in the UHS application for the extension and that in order to implement a phasing program UHS would need to file for a major modification of the entitlements. On June 18, 2010, Universal Health Services of Rancho Springs, Inc., filed Planning Application No. PA10-0194, a Major Modification Application to change the phasing of the project by reducing the number of beds from 170 to 140 for Phase 1 of the project, to modify the building facades of the hospital towers, to relocate the truck loading bays and service yard, and to relocate mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the northern portion of the hospital building. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Under the proposed modification plan, the first phase of the hospital would include 140 beds rather than the 170 beds identified in the phasing plan for the previously approved Development Plan, and the first phase would be reduced from 285,405 square feet to 177,486 square feet. The second bed tower and one-story outpatient building expansion is proposed to be constructed in Phase IV of the project and would provide an additional 230,674 square feet of hospital building space, thereby achieving the total hospital building space of 408,160 square feet identified in the previously approved project and the environmental analysis performed for the 2008 Final Supplemental EIR. At build -out of the project site, identified as the year 2026 by the project applicant, the project would include a total of 320 hospital beds and all of the medical office buildings, cancer center, and fitness center areas identified in the previously approved Development Plan and Conditional Use Permit. The total square footage of all the buildings at build -out of the project remains at 566,160 square feet, consistent with the previously approved project and the environmental analysis performed for the 2008 Final Supplemental EIR. The proposed modification plan would relocate the truck loading bays and service yard area from the east side of the hospital building to the north side of the building, and would relocate mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the northwest corner of the hospital building that includes a 5,905 square foot mechanical room. To accommodate this revision, drive lanes and parking areas have also been reconfigured. The previously approved plans included a five story hospital bed tower and a six story bed tower. The modification plans propose that both hospital bed towers will be five stories. Due to a change in the method of construction (from concrete to steel frame), the architect has indicated that the same useable building square footage can be achieved in a smaller building 4 footprint and that the previously approved total square footage of the hospital building of 408,160 square feet will be achieved in the proposed building. Site Plan As discussed above, the proposed modification plan would relocate the truck loading bays and service yard area from the east side of the hospital building to the north side of the building. Mechanical equipment would be relocated from an outdoor area at the service yard to an expanded indoor area at the northwest corner of the hospital building, and drive lanes and parking areas will be reconfigured to accommodate this revision. The 16 space parking lot at the front of the cancer center has been eliminated under the proposed modification plan and these parking spaces have been relocated to the parking lot located south of the cancer center. With the elimination of this parking lot, the passenger loading zone for this building has been shifted from the southwest corner of the building to the southeast corner and the previously approved porte-cochere at the passenger loading zone has been eliminated. It should be noted that the proposed modification to the Development Plan and Conditional Use Permit would not change the previously approved access points, helipad location, total building square footage, or total parking for the project. Architecture No changes are proposed to the elevations and architecture for the medical office buildings, cancer center, and fitness center. With regard to the hospital building, the building has been redesigned from a concrete structure to a steel framed structure. This redesign has resulted in the reduction of bed tower one from six stories to five stories and a narrowing in the width of the Phase I bed tower. Due to the narrowing in the width of the Phase I bed tower, after providing the required space for the rooftop mechanical equipment and window cleaning equipment areas, sufficient space no longer exists for placement of the tiled mansard style roof equipment screens that were approved with the original hospital plans. To address this constraint, the applicant has proposed vertical panels that incorporate the use of spandrel glass "windows" and a secondary cornice Zine to create the appearance of an additional floor in place of the previously approved tiled mansard rooftop equipment screens, bringing form and function together in a more streamlined and timeless appearance that remains consistent with the Citywide Design Guidelines for commercial buildings. The proposed modification plan continues to utilize many elements of the previously approved architectural design for the hospital building. As with the previously approved plans, the building design features the use of earth -toned stucco, terra cotta tile roof, bronze tinted glass and Indian Red tile at the base. Each building maintains the three required components including a tile base, stucco body and tiled roof elements. In addition, the abundance of windows on each building breaks up the amount of solid surface. An octagon -roofed rotunda divides the hospital towers and reduces massing by providing a separate feature between the towers. The rotunda and the first story elements of the Phase I bed tower will utilize roof tiles consistent with the previously approved plans. The proposed architectural revisions have resulted in a reduction in the height of the hospital bed towers. The previously approved hospital building was a maximum of 106 feet in height at 5 the rotunda and approximately 91 to 97 feet in height at the main body of the hospital towers. The proposed rotunda is reduced to 90 feet in height, and the main bodies of the hospital towers are reduced to 82.5 to 84 feet in height. Consistency of the hospital building design with the City -Wide Design guidelines is achieved in part through incorporation of elements to divide the mass of the building, the use of vertical elements to break up the building, windows and doors that are proportionate to the building elevations, the use of a variety of roof lines and roof form, screening of rooftop mechanical equipment, and a design for the hospital building that compliments the medical office buildings, cancer center, and fitness center through the use of common roofing material, exterior finish materials, and consistent color palettes. Landscaping The landscape plans for the project have been updated to reflect the City's current water efficient landscape requirements. However, consistent with the previously approved plans, perimeter landscaping will consist of a 25 -foot wide bermed landscape planter along Temecula Parkway (Highway 79 South), consisting of 24 -inch box and 15 -gallon California Pepper trees, Sycamores and assorted shrubs; DePortola Road and the remainder of the north property line consists of a minimum 40 -foot wide landscape/equestrian trail buffer consisting of 24 -inch box and 15 -gallon Afghan Pines and Silk Trees; a 50 -foot wide planter along the western property line of assorted street trees; and a minimum 20 -foot wide landscape buffer consisting of an informal planting of assorted trees along the eastern property line. The proposed landscape plan, as conditioned, will comply with the Development Code and Design Guidelines. The Project is consistent with the 25% required landscape area (33.3% proposed). As per the previously approved plans, the project is conditioned to provide landscape berms adjacent to public streets to screen the parking lots. Staff has included Conditions of Approval to further buffer the residential area from the Project by requiring berms and mature evergreen trees such as Afghan Pines and California Pepper trees between the Project site and residential areas to the north (Condition of Approval No. 97). Access/Circulation No changes are proposed to the previously approved access to the site. Minor revisions to internal drive lanes and parking areas are proposed to accommodate revisions to the location of the truck loading bays and service yard area and the relocation of mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the northwest corner of the hospital building. Temecula Hospital Adhoc Subcommittee On November 23, 2010, the Temecula Hospital Adhoc Subcommittee, consisting of Mayor Comerchero and Councilmember Naggar, met to review the proposal. They raised the following questions and requested the Planning Commission to review these issues: 1. Is the revised architecture of the hospital building consistent with the previously approved architectural elevations? 2. Have environmental conditions, specifically in the area of traffic, changed subsequent to the previous approval? 6 3. What is the status of funding for the reconstruction of the 79 South Interchange? Is that relevant to the project? 4. Since the project has been redesigned, are the previously approved conditions consistent with the original findings of fact that the City Council made when adopting Statements of Overriding Consideration. If riot, is additional environmental review necessary to determine whether Statements of Overriding Consideration are appropriate given the changes in the project? 5. Should additional mitigation measures be adopted to reflect changes in the project? LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on December 4, 2010 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION Consistent with Section 15164 of the California Environmental Quality Act (CEQA), an addendum to the previously adopted Final EIR and Supplemental EIR for the project was prepared for this modification application. The addendum concluded the proposed minor modifications would not cause any new impacts riot identified in the EIR and FSEIR and would riot increase the severity of any impact identified in the EIR and FSEIR. It also concluded that there has been no change in circumstances under which the hospital project will be carried out that would increase the severity of previously identified impacts and that there is no new information indicating that new and better feasible mitigation is available to address the previously identified impacts, and that the mitigation measures contained in the previously approved 2008 FSEIR and mitigation monitoring program adopted in 2008 remain applicable to the project as modified. Therefore, an addendum is appropriate for the proposed modification to the hospital project. FINDINGS Development Plan (Section 17.05.010.F) The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of State law and other Ordinances of the City. The proposed Development Plan modification is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the project, as designed and conditioned, is consistent with all applicable zoning ordinances, state laws and the General Plan. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare as the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and has been reviewed and conditioned to comply with the General Plan, Development Code, and uniform building and fire codes. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A — Draft Conditions of Approval Exhibit B — Draft CC Resolution Addendum to the Final Supplemental EIR Adopted 2008 Final Supplemental EIR Notice of Public Hearing 8 Cv pE_ POR��� Rp 17 PA10-0194 PR�OI-�RD D- NSG*�Cv4Ap�Y • y* \-773 Oil 1 1101 500Feet , }SOMA LINpA R4 ,�250 i� �`i`����,. , ��� , 4 su.FmkoT„ Cr Kara OCOY2, 0101V•0 rrv..r" 4» •J _—_ a� ,W `or aa.aoen.5, zterar 0..w.a PORTOLA ROAD E Unlvetsal Health Services, Inc • Ro6115 c Tarte (Drat Kau -at ra et 0-10e-� -YR n» "'�U.rr, arra.,,ron "'O in n m Vaa IPS CL O 01 RO • C.U.P. Modification City Submittal gm - L% icgrrrAan ARRWAL-- UHS Temecula Merkel Conlin 1.1.415.TEWCULA FARAWAY 700“14A CA11.2 ✓ ▪ ot r9 SITE RAN • PROPERTY INES, EASEMENTS & BMP IW AMj L LOCATIONS wpm 14,1. A.00 C.U.P. MAJOR MOD SUBMITTAL 4 rkrOCI rate tests SIE _0941c 0.13 Irai VIM. ma ni ,gX,, , a=auRCcn VLOIANMS Unl areal Health Services. 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ROMTY EOSE OP PIScw. &wOLE. 111,4.1.1.91110 OROS.1PFA L. ECCSHEET LP-I] 1 LP -IS PGR FLAN,- Lee= I.NrLceew 0 HOMO a. see veer -.a a LP.n POR R.wnNG oeuns see EPCCIPIGAL10H4 POR eminmw, IrioanwTlOx. anm m 1 melt mammon, LVgantgaM ,rfl wry *fie ��r � C `!�� !' a4 off af Cbefore all W Dg 9 oat BY 0+45405 0414 Boo YAW IA Wm SCALE PC. Ft 0.4.0100 2442 ny a ar MATGHLINE: SEE SHEET LP -4 x/20/0 40:42000 Or 24017 0/20/0 CI Y OF TEMECULA 00000,0E0000 � 0 00000 N d J Ui8 TEMECU.A MEDICAL CENTER INDJCAPE P"tANTNO MV LP -1 Fat of X' xameex 29,201 ae BaL 1 eO eEC. J..Fi.Jj� f9.00. 1 ✓�/J „„45401Ypp�gMsraliragx5555>AHpNdNdA: 130. �U1nwau ttt t I h. .4I6ergoim hl,10.101MA1.1S11di1WAW:4.4.®®.P. 6//.®6,:�.OZ2v4Varfil '�:1pPNu I. PLANT MATER:A. 5141; re :STALLED A M:MF1 Of 240' FROM ME EDEE U= AAT IMPERvlcvf 9/3Fsc=_. IwlwI. S ORDS, TYPICAL. 2.5EE 5MEE1 LP -111 LP�If FOR P{.ANi ENO 1 00005 5. S S, 500 51EE1 LP -4 4 LP -If FOR Fl.0.ViIN5 OELAIL5 4.50550101405004001010044 1NPORmATVON 450500 / 14/0X00000 G' FITNESS CENTER _. 440 ;: 03��l ftil ilGl Call before you Dgg I-830-422-1331 Dan EP OPIE OOP. PARrt 11ATGHLINE: SEE SHEET LP -5 lottonW PCPPE POP PL 5009.00 Bi I Br ea. P,.,s„ w.,, 200000 0 00 1302 Enp/.I *Karoo Br 30040 0/30/00 CRY OF TEMECULA 005 00400 00a O ir0R3010 os 00 U18 TEMECULA MEDICAL CENTER LANDSCAPE PLANTED PLAN LP -2 SMII or R 30 L wM' TrATEWAL SHALL B° IGALLED A NM MM Or 24' FROM ME ESE of ONW S. ERmOTS 944304.E. INCWOWO OROS, NPIEAL, L. 9a Saar LP -I] . LP -IS rat PLANT E EE. NOTES S 9, EEES EIEET LP44 . LP -15 FOR FLAATa 4.SE S 1.E� SPECNON4PWATIOTO FOR ApOSEONAL ma Call before. you Dgg ,1,6,0,42E -11m 05 880510.55 155555 unix yor88. Ice Irma weArrm Era um rwaselm sca Pux P..S P,S,db 11„r 5.8>..*4, 00 , x 55-0 0 0,58455 e. 5/08/11 00002,0,55 0 R 3051. 6/20/00 CITY OF TEMECULA oSP.nneNT0010080 2r. 2000 LP -3 [NO9 OM)M MI.20.rR SHALL PPI O .00? I. PROM T@ ESP OF 06. vAL. ]y�,xFPnv..Ivxwll+s ones. 2.000 . 13. ^RP 4 PPO LPtI] Pp0. R.Wi L P69W 4 RP-. S, 5EE Z@fWi LS14 L LP,19 POR RNILI N9 OEOPILP. E¢ EPEUFIGPi1ps FOR POJIiIPNL Wwwnw. HLINE: SEE SHEET LF -1 WORSYEa AO 5000 WI NO'0'I 6B 050 CID PPR In 0000500 40 R500 NM Sono svetimun PIATCHLI o-.4.455..0, BI RPCOARPRO 4=050 It 35411 ,. 5iw/14 CITY OF TEMECULA DICAL CENTER LA2C0CAPE PLANTING PLAN sm. orI PnXX%X MATCHLINE: SEE SHEET LP MWCaII befit you Dgg 1 -e00 -4a-033 inrownse MATCHLINE SEE SHEET LF -2 G PEN PLO d0 R GAL AA:C.:tri: A\\No• RW 16 if POB Q'F'P' FLAB RECO TBHAE RA A01 MIB 0W M PLA RAC TUR 1 CO MOD CI BOD 1. PLANT MATERAL SCALL E2 PASTA/LEO A MINIMA'. OF TA' FROM THE 0044 00 ANY IYPERVIWE WNPfCE. INCLUDING ORBS. IPPON.. O SEE SHEET L.412 L.41, FOR RANT 4E0E140 1101E0 0. SEE STOET LP -Il L LP -15 POR 65EE YEi GAT1005 FOR ADoli0ONV- II+OFMATIO.V. ='Iw•i� TC -- 090 PAPP PEN 001'C' OdL. A0 RE0D AD COB EIe AS 0000 All PAT LEY CCN AB RECD 1 GAL. HOSPITAL 60 OCT BY 4.6.50474PCNYCATCPAM TIM, CAMP ;TA FLA4 T ab. P,.,>., IM.. SigMVM of FLA N. 11.0 1100/00 EE LP -b RECOMACKX0 Fr cc 14400 o, 0/30/00 N UMW.,' \ CITY OF TEMECULA CAPITICHI CF PatiC W0.11 OCTOBER Et. 2000 Ui8 TEMECULA MEDICAL CENTER LANDSCAPE Plfl PLAN LP -5 OD RB -SUBMITTAL 00003 q.ANT MAR0. AL SUS.. BE INSTALLE0 A M 00104 OP 24 - FROM nO! COM OP ATP PEPV Pl3 SURFACE. INOLW IAO CADS. TYPCAl 2. ME SKEET LP.:] T LACE 0000 SLAW LEOENO 1 ROTES. E. GEE SKEET L0-14 4 LP -I3 POR PLANTINS OETAIL3. <. SEC SPECIP:CATIONS POR AOOITIOUAL IA0ORMA4KKl. EZ 0 PN.QL O CAB APT 13 GAL. a V E SHEET LP -3 4.44,444,44-44:4. nVA 4 ®i��I. N:cq �'4+xsrvati mg tow? Witt EVEKS WW1 �Tart ArAi_®® £i4Y4Pf5-6:.i^NFSfOTL61 4Yi z • __ ES ES r (-J f }i1- f W ±W BTI TEN RJ0 beks- Ogg t•I'i. g I-SOO-122-4M 0 40 60 1O,OifO'F I_' aqd SA 4iiie004P A C P .M,(! VJ'Y" Pi C. ii filyo wow mtep AN 041 LET CC 00 204 1000 EcKsi 5.5 vON molly se bp. SOALI IPA rum MATCHLIN SEE SHEET LP -Q 00. 0,.0.00 Re* 000...4, 00 Ru .> TSE 1q... 2100/00 0x040.000€0 a?. w¢: _ 11•11.1D.COM.RkAMR. �Rs, OLL. 00000 4100/00 CM OF TEMECULA 000.4040001 zem00 0000`0 Ik18 TEMEOAA MEDICAL CENTER LAIOSCAPE PLANING PLAN 0.5505 RA LP -6 Reel el SCALE 1' ]0' Chi I. RA 1 MATERIAL SHALL BE INSTALLED A ® RMI1114401 OP 24- FROM TIE ELISE OP ANY IMPERVIOUS lRPnLE. INCLwM9 CURBS. TYPICAL. i 2. SEE SKEET LP -I] 4 LP -15 FOR RANT LE9EISL NOTES. 5. SEE SHEET LP -I4 L LP -15 FOR PLAMWi DETAILS. 4. SEE SPEGFICATIORS FOR ADDITIONAL HOSPITAL iota you Dg9 -In-oa • MATOHLINE: SEE SHEET WO PE NAIL. g ro PLA RARi MJ.34•TERIPtFR tt 1 C BC a or ore I. I.w o° " FROM !N wee or SS, moon xePAce II.ILLw:.s wrsaE, 2. SEE I. L"W].SEP 1MEei LP.I] LP -F2 FOR RANT Pe SEE SPEC iLP-P---(4 LP -IS POR RANTING pETAILS. 4. SEP SS!LIPILAT 5POR Aoa:iIOVN • HOSPITAL E before 9 1400 122-n fro , o+5v����'il' '� �?a°F�`- i MATOHLINEj: SEE SHEET LP -II 0 0 20 40 00 Mtn. RECORD 000 6010. 104755 mco swum'. SC Twee 0i 05 Pe. P,.,>0 00.00.20..0.0 00 0f vmm 0o002.512 PCOOP.PPX0 PP XCXX 550-05 200000 0/20/02 CRY OF 1EMECULA 00O0P"' 00;01 x;, m.0 U18 TEMEC LA MEDICAL CENTER LnC8CAPE Puna PLAN LP -8 of X BraEL A 6000SEEOI 3443.60.!43. BONA BE OEINSTALLEDOE ANT A '.NMMOF 34 PREO90 OMMEOP ANY IMPERVID33 RAVAGE. INCLUDING µ%9. 1.^}-E 9XEEiLP.11P LP -:9 FOR PLANT LE6040P LE9. 7.96E 914ETEi LP -I.1< LP -19 FOR PWl63346 PURLS. 03496E 9PE41PI4ATOM15 FOR IDOITIO.WV. oRVAnoa. R09OFF a A0O MCall be ore you Dgg 1-034-I22-4133 7G 1} 19 LMR' I AB RECD PEB ON'4 B TGH NE: 5EE 5Hr E LP -6 N PAT LET CRi AB FEOD B' 03.. I GAL. MOB #2 24 BIP AB RBOD 1443.. BOX COBBLE 49 REOD Bn 1034 AB MOO eI9BoM04 w iJJ PEN A 0 Ali 13E00 PIN 3 WX \\ OP AB PPO'O J Jc 015 BA3. 49 10. CIB WR 133 91 PF BE C 210 041. OBE BY OAR PERIN MA. 2142 3nenl Fr RV, WO/00 CRY OF TEMECULA 0 40 50 eca UNE TEMECULA MEDICAL CENTER LA ID EC RPE PLANING PLAN LP -9 Snxt el MATCHLINE: SEE SHEET LP -7 SIP N - 1 onguirtiv, 4010 6tin fe6g OCE0 le° —000M000 —0:041To co 7- wL tsr SIGHT LIN SlagT --- -STOT-17 EINE - TITO P434? 1.144 4034200 F1.418 00 3. PLANT MATERIAL SHALL BE INOTALLCIN A MAPTPA OF 24' 000,4 THE tose Call OF AH„. ,KPERVI0115 TOPPAGO lizwormscugse rry]cd. before you 2. SPY AMC LP -12 4 LP -I5 300. PLAnr LEOPtAD 4 NUTES. Dgg ?s: 5:,Z017-fg,gd0.13-Vg- 7-r"t?""IllioN. 010 PON 31 PP TOT '0 PSI UAL. FEB0060V1W AS RE 00 TEMECULA PARKWAY CONStRUCION RECORD DOM 02 03343001 PONT MO Nyayonla —1—I Mr. Pr RiCe14 2121/ 020.211.020 ALA. /12 1212 2/21/01 00 0(0020 03 AO:WM Or 3660l 6/20/00 CRY OF TEMECULA 022221111EXT OF Ptar/ 1.02X15 Oaltria 21. 2010 U18 TEMECXLA MEDICAL CENTER LOIDECAPE KANTIO PLAN f7A;91E, LP -10 MATCHLINE, SEr., sreET LF -S Fe 7 ,,AZaretzzi4t Call before you Dg I-87-422-4113 coon:woo. RoOTO 4.45444 45•44e. mews err .c. I 14 5.0,.. --------- CIO Pl/47 72 5 044/4. 07104 70 140 j 9040. --- TEMECULA PARKWAY 041 BY PPP «04- 0944 11C5ParS 401, CAP 154001 liMer 44.004 40.9)007444. 544047-9)240444. 704 20.49 er 1 0222742 0-40.4 0l 47404 24ee-294 5142 55•4440 04 !LI it WO. 40. 1342 0004144000 402C4440 Br: 41.045 0 IL: 04504120 '4417 .05 7200 FLATS CITY OP 1EMECULA EOTF-97 I. PLANT 1447E47I70.$40441. BE I AN, u5TALLE0 A MINOt01 0o 1 • MOM 770 WO/ OP /09079 07470700 14e0.1/5040 7771070.. 2.0004000 0404 0,407 TL:9712 4 L740 POP Mali i57549544577 LP -I4 a LP -15 peg ?LAWN, 4. Se 0140.00414.4710045 700 7001710044. • NORTH 0 JO 20 40 4-0 04244114041 00 0004v0 xcex 0000 70. Too ore 400 15 UFO TEMECIA.A MEDICAL CENTER LAME/CAPE PLANING PUW LP -11 04400 412 5 0, 00 ..P'; Call belore you DDg 5-620-472-4173 PLANT MATERIAL LEGEND 711'163 GOYAVK47. RARE CQ'f%M NNt8 MN,512 7 REryWPCS W47ER10PPG 9G OJbRISY ..• ALB M 21.8I114MI77R16072 BILK TREE 24'7071 4b' 40' • iqyi O •,�•�f'3 ]] BRA POP n r142C72 roi POPZLNc00 80776E 506! ry GAL 30'.09' 39' - { r PftL E4D GVW, P.4 Dv DEF 612700002102 DEF162677 soon= Locum'IS GdL IS' 30' 15.30' 1• ••• p.l 39 %J RDE560454 5CAL 30-B0'Pr ••• 069 P.1 t] - 20 L AU a _lf .54Lr N. ✓X10 P.1 70 KOE 616 74062.7565160/2 BIPIAYATA CHINESE FLAME TREE 30 BOX 20,40 20 .40' . 77 - •• p.l 56 LAG WD N'• CRAPE MYRTLE 24• BOX 26' 75' -P- r• 4 LPG 640 N. PN ELD .•� .Na '•• '• PNI6 ELD.RICA 06166E MYRTLE}4• RKNDELL PRE BDX 34.60% 35' 60.40' 25' ]0'30' p4p P. 30 T4REE -I PR Pt4 RAC " .g400671B RAC61108A -.. • 041.60R6177 51041ORE PRIB700047 PEAR 0GAL it' 00% 60.60' 90' 20.50' S0' .0LcR5 QPJ irRRE411 If P.1 27 P.I 4 661 400 (K0055!661£0614 00466 LI5E OAK 24' EO ]0' lb ]0'-l0' '6•7" •• OE ILE PJERW6 ILE% 30'60' •• P.I - 79 714 LAN RIR LANCED AFRICAN 684140 IS GAL 20.30' ]0'60' 0(77,.- GlII 6..•7••1 i • PSI 01 50217107 60671)8 MOUE CPL5ORl4 PEPPCR 75 GAL 76140' }'.40 •GA.,..• r.X • PH 17 :..: '.:..• :. .'_. ... PBE E4: ABEL 14101541® C ILNE . 14 •• 5GAL 5 3'.9' • P.6 ]06 •/• KA04*0 PAH I GPL 'li - ' • •• 0374 P6 309 •)T' KA404000434 1GAL I..]. 1•. )' w• 7..6 266 FEATHERY C4457A 10AL 6466 AVD C16 NR 01513 PR AWEEO ORCHID 5 GAL a • w1:� <No eubWr ro 0RON0. 7.6 9]6 CIB BPI. 617157 064XROTTE 66118 RXXRD9E D 4/LL RAi aG'o au66r 1D GRuro. P6 30. 0.0. 1990 DIE B4 01E7E0 BICOLOR 85006044 7061171667 LILT PAL CLV'IPB. GOOD COL P -b .. • 429 •u BLUE FE5OR m, 6466061105,0000 CALOR P�6 ry I]• O.C. 0345 REL MN HELICTOTRILWIJ BLUE DPT GRASS l0AL 1' 6461 AND E09.07.r0 G.001ND, •: P-6 HE) ARB 4007ERO1ELE04Rp5770L54 70106P 61•,}•• f. G �• -6 . N AN Poi 40.07.16R B 6401157 G4LOR2I44RAT RI9N SGdL"} s• P-6 3070. 930 LW bB' n .Om bf]SWREL4V747(4 10,50•^li Vii. •n -.•t•:• P.6 30'00. }b63 LEY CCN R • N. LYME GRASS 1 GM. I"2' IN)' D0 &OMRNY iO GRgNJ, P-6 b' O.C. 839 7.04510 L70.17 004622 5466 6466 07.7.11P9 GOOD COLOR P�6 J9 REGAL MGR DEER GRABS It. 04r. 6416 CLVI^B. GOOD COLOR P.6 30' 0 . 1103 56664404 1172LEN05#3140706715 DEER GR400 5GAL 4 ♦ 6466 CL 765,000JWOR p.6 BB ,._aN_1 +n:. n ' I vn: � 6466 AVO 710151 iO GROM. • P6 3'O.O. 2 Se lF9�QfF9t�f.P•.3 ^^� aiJ:jyiwal.>- •� PURPLE 705011454 GR498 9 G4 • : • �• P 6 1148 05147110.0, RNpH704EpE80101G4 U4RAHA'rHORV 54' .- -1�•••.:vi n • -.• ♦�U• ••n • P6 30'0.0. ].930 ' `•!'E ' •- r • 1• Rrvfl1PRi S4PL }"3' 4'�5' WLL PND L .. T �fq O4 P�6 L 3'O.C. 010 54L LEU 646154 LOKAVTu4 116%!CAV WBN Pap 9 GAL '.4 3Y 3'�6' WLL 4 U 707661 LOGRONO. P.6 L % DP TEN BTIPA 16NN58114 6Q%!CAV 764]468 GRASS 1641 }153' 6466 fAYY .' •• • P�b M 24' 0,0. 6365 NEB Fla 13.191920.062 024}1700134 COACT0i5EMA*Y DGdI JN6' 6'I0' 'T"'"•, •_ • Yi P-6 L - Ill OAR 776227203 OR. API xpnice I400 5.1.tlat AIM SCALE P& KAY 70.760 Or I 7860 IN 00.64 6r P05 goes 6464 SUArm 71 LL&8& 5)42 6.7 6/36/61 PLANTING NOTES REFER TO CINL EW' (VEER'6 PULPY 4110 PRE076! GRADBLS PLANS FOR 8776.771' LOCATION& ANO 2014L OR406Y. W ACN4L BITE CCNDITIR18 VARY PROM 20.747I6 11740.281 OJ THE L4NOBCAPE 400477607 PLANE, THE CONTRACTOR 666466 CONTACT Tl. LANDSCAPE ARCHITECT FOR 070607IONS 46 NON .O PROCEE0. ]. RANT 712616146. SHALL 6E NOTALLE047'I127640. OF]4' 180'1 ANY 29pERv0.0717740E 13404.5070 0ZR00 1%407 L004t 0668 CP RANT 7ATE046.6 766466 BE 4PP80!!0 BY 766E 1.4NDEG4PE ARC -!ECT IN 15 66 E FIELD PR OR TO 7746641 G4. LANDECPPE 4661ECi 86560.200E 6447 TO 401587 PL4Vi0 TO 67.7407' LOCATION W ]HE PIEL0. 3 CONTRACTOR WALL BE REOPCNBI6LE FOR vERW16G ALL RANT GONT5 AND BOJARE TOOTFGEB. 4. P80570E 51470470 FOp15 AND MEC FOR ALL RANT MATERIAL 171177178 EIGN BPE01E5 AND 5726 0660447E0BY 774E 001547170. 9. 0.23246 NEWLY PLANTED TREES ONLY A9 002E0760 BT LA50504PE 4RC14I1607. 6. ALIGN Apo 066071ATED PER EQUALLY 210165 AND 0740.262019 1. PLANT/64116114671111515 EACH 9610117 BD 1. TREES &WALL 6648 04616 RELATION TO 101515 GRADE AB AT RACE 08 GROWTH. S . ALL P,4WT60 ARIAS SHALL BE GRADED TO HAVE POSITIVE DRAINAGE AWAY 8801766E WILO4LG 714668 NN 60.6.1017R25. 5. ALL 1REE0711266615' CP PAVING BNN,L HAVE ROOT BARRIERS ROTA-TEO. 60. ALL 664686 P64NTOG 461148.271 SLOPE AND 618010 RECEIVE A MN1W4.13. LATER CP N.CR. FLAILED GROLNOCOvER 40846 BN4LL RELIEVE171511611 I.SN LAYER OF 1156015. 11. PER CITY OF 7671602LA 87.01504405. A 3' CLEAR ZONE 4610150 PIE CHECK DE7EC7OR0 066466 BE 2077.1160.20. 12. 0/666716011PI16377 &HALL NOT DE 546181.E FROM TUE 56REE7. 7RAN6FOR1ERS !PALL BE 0061^LEre71' SCREENED BY HALLS OR 00717E L4ND5GAPE, AND SRL.. NOT 00570101 555865 07 TENANT SPACER. YO1.16217 BK319 OR DRIVEHATB. p vE LOC IOM OF ALL PERTINENT COTE PW WPOYEMENT5 NBT4LLED DER O79ER SECTIONS 7106506 IPA* AND HIR15G. A ANT PART CF 7676 PLAN CA3NOT DE FOLLOWED OBE 70 SITE 006,01 p10 CONTACT NE LANDSCAPE AFLNRECZ FOR 645T41CTION6 PRIOR TO 00116FC410 PORK. 54. AREAS PROPOSED FOR DEVELOPMENT N ANOTHER Fv456 000.0.76I60 NOT 41175470 01% 1KN748 6 731E O 061RAND4E` � 7.267R0i 5510668 PHASE 71.40.1. BE TEMPORARILY 41DRO8EE060 AND 02730.6180OUST180 FOR OT 76 A Malin 012 771 7)) LAN0SC4PE 61BPEC7I0N61441 DE/8087810 FOR EACH PHASE 03 GOJO701067CN. I E FIRST INSPECTION WILL VERIFY }NAT THE IRR04104 MAINLINE 15 CAPABLE OF 0E50 PREBWR1ZED TO 150 P& FOR A MN71V1 PERIOD OF FOUR /TOURS 15711000 L000 OF PREBWRE. TNIB W1u 1NCL6OE A4 INB4ECi1CN OF IRRIGATION 07076118 WHILE 1RENCNE5 ARE OPEN. THE SECOND 718PEC77064 867A VERIFY THAT 4LL IRRIGATION 6781860 N4YE 4640.TO.4EAD COVERAGE. AND 60 0507PT TWAT ALL RA4TMG0 445E BEEN 6044.1.60 0016557EN1 61774 TR_ 4PPROvSO C/_NB1RK77ON LANDSCAPE P410.5. THE Aq+1.I044I900.7.4ER 715466 CONTACT THE P647170 DEPARTMENT TO 7021E0LIE WBPECTCNB. 9 °SPLIT RAIL PENCE SECTION RACERS 86 OTC, - 76677 6/34/76 CITY OF TEMECULA 1'0" O 6576' 077505 FEICE P0575 • e' O. • IR574LL POET WITH 9 AX. COMPACTIONFOR 74616171 . P00N06 4> DEGREE 021221P.ER • top O 2.714' starts tie. L.) O 8741514 GRADE ® 955 COMPACTED 17728.GR4DE O CONCRETE FOONVG. BEE 5045 REPORT © ICe. FT, GRAVEL &IMP O SLOPE 70 ORAN ALL P0610 SHALL 6E PRESSURE TREATED OcIATRA 21. TON ARAN ND. Ru U7E TEMECULA MEDICAL CENTER LP 6700/21 LEGEND + WEE LP -12 SINIt 01 OD R-waum NOVEMBER 29. 2010 PLANT MATERIAL LEGEND (continued) BTMED1. 0014N1C41 NJIE Cg1K00410 MN.&Ze HFY,HI BP;AD'I 3540406-ThaltriT V dLX.6.10J4V01TT '0400000YEa ' .. LON JAR IX hIC4J4P0224 HALL'S HOIEYPYOC.E FLATS 15 3 COL 4006) P.9 L 30 04. Y nTO 0400 ,M1 !t 'PAM/POLL,/ OTOPORM F1410 3'.6' 9 Lpa 41 IieL1luuhV. O1XnJ P8 L 4'OL. 14,438 D�F 0030pp PO.RX415 O*IICINAL10 PROSTRATE ROSEMARY 014r0 ]' 0' Ci. F.AEB. WELL 007ED.000 nen nR p9 L 3'O.C. 0?b4 CP PO4DERCOAT COLOR. I-P.0144K(B) INSTALL PER M4Nn 8400LLCER RELOENOA11CN0 M WAS.) TILE 31004,04430001141330406 N. L 302 b W 90631 A11 CHI COURTYARD LYARD 044410 METAL CHAIR PC.OERC040. 0 100 01 POYDEFCOAT COLOR, YFir04Y(6) 34804LL PER. M4Yi4CTYRER9 0.ECT91EFVATKFU 4006© TILE 20 N. 4444800 BL 4.06 updti R1. SB] 12005 l90Y] i.l TURF 34004LLI0100006 TALL 004040 000 04814LL PER M4414CTYRER'S RECO'T 00041/045 ABYI TILE 821 N. HARBOR BLVD 4.00 70 CRI. 602 l00 011 CONTACT PACIFIC BCV FOR 1180. H ONSITE OR ACCEPTED EOJALBOULDERSB0.DERS 404L�XR144N 20' 340%2' NIDE %3' ]04 LARGER 2144430' 40 %3' WIDE%]0 W06 LEER THAN 42' NT % 3' NIDE %4' LENGTR 00836 ER REFER 10 LAN0004PE ARC ITEC00 Assn CRN 0 WILL 00 RECUIR0iO BET BOULDERS PLANS FOR Wh00004)NTI0IEO. 01ANC0v9. PER 0077 CIF iEMEWLA ST4HDARD DETAIL. F.1 Boll RAIL FENCE 6'H OEICE PoBTE/. 10' L SPLIT RAILS, ALL HND TO 0E PREOWE700410D NATURAL SUBMIT SHOP D0.N4IG0 HYDRDBEED M %'4' NAPI4 MICR00140475 LEMIS TR10I001000 RIO 4GPO3n0 PAL END DEBCH44P014 CEOPILO04 HOCAE01BR4CHYANTKE0ll RROL11•I0BNO0LCRP1 PURE LIVE 0000 LBS/ACRE R70009E00 MIX /3' PURE LIVE SEED LBB/AGE 66000010 PALLENB FEBNL4 RIBA MOL41E' 000044'w0I4 CEOPIT004 WLPIA MIC00004CNY0 11NLENBERGI4 MICROSPPRi4 IUROEVf BR4CHY4V14E011 NYC/ROMEO MIX '0' 14514ENI404LPOR4004 14714 PL4RG1.000A EBLHOLMXZI4 0411ORlIC4 LLWMI9 MILWK4RFVB OENBIFLORIO LORNA BP4FCILO014 O OYRNL4NM DELLV'I CCLLM014 4e10RCPHYLl4 VERBEN41401001404Y0 CL4RCI4 P RpUREA SALVIA COLW04R14E 041LET4 114TIAD1414 PENBTE {N SPEC/401110 ERCRIYLLW 003E016LO01 O 1114 TRICOLOR NBMPHIL4 MEN/10011 ENCELI4 F4RIN004 PURE LIMO 0000 LBO/ACRE MATERIALS AND FINISH SCHEDULE KETI REFERENCE'000 ITEM 08KRIPi104/00.00 051044 OEMFMO SUPPLIERS SITE AMENITIES P 0000400 ROCKRLC0TP0Ai1CN0 0i' 011E. 0E000T BEIGE N4NRAL 5014LL PER NNp4CTIAPER0 000000070 0224004q,L CA. PH. BSS 14083883`3 P'Z (/ \` 1p.IY COBBLE 4'-0' SIZE. TAN COBBLE NATURAL IN BTALL PER M4VF4CTURER RECIXY£NpdTIOIB 7000 ROCK Fgjp C4NOLLRD• PH. 830148 3933 P• p. DG. 00001P0000 GRANITE NE.04LIFOKNId 40.0 NATURAL 0(B1ALL PER M4VF4CTVRERO REtaYFAV4rIOIO KNL 00001 324BOAK'W. 004 0MCt 4 30 •1448 23333 P 4 HOSE TRAIL LOIPacie0.WTIVE BOIL NATURAL INSTALL PER CITY 00 TEMECULA STANDARD DETAIL BE.r BENCH 04, POYDERCOAT. MODEL METAL 800 (w/0 B4) 2203 (RAW T1022.0.30< PO4DERCOAT COLOR. I-P.0144K(B) INSTALL PER M4Nn 8400LLCER RELOENOA11CN0 M WAS.) TILE 31004,04430001141330406 N. L 302 b W 90631 A11 CHI COURTYARD LYARD 044410 METAL CHAIR PC.OERC040. 0 100 01 POYDEFCOAT COLOR, YFir04Y(6) 34804LL PER. M4Yi4CTYRER9 0.ECT91EFVATKFU 4006© TILE 20 N. 4444800 BL 4.06 updti R1. SB] 12005 l90Y] i.l CWRRA07 idBLC STEEL BA TOP 'TABLE KIN056 GALVANIZED 000010403.710DEl'O36 PE0. 54004010000 04814LL PER M4414CTYRER'S RECO'T 00041/045 ABYI TILE 821 N. HARBOR BLVD 4.00 70 CRI. 602 l00 011 B1 000.000 M PLANTER 4004 ONSITE OR ACCEPTED EOJALBOULDERSB0.DERS 404L�XR144N 20' 340%2' NIDE %3' ]04 LARGER 2144430' 40 %3' WIDE%]0 W06 LEER THAN 42' NT % 3' NIDE %4' LENGTR NATURAL FWI0H AT EXPOSED PALE, NO SPLIT, CLEWED OR FRACTURED FACES. REFER 10 LAN0004PE ARC ITEC00 Assn CRN 0 WILL 00 RECUIR0iO BET BOULDERS PLANS FOR Wh00004)NTI0IEO. 01ANC0v9. PER 0077 CIF iEMEWLA ST4HDARD DETAIL. F.1 Boll RAIL FENCE 6'H OEICE PoBTE/. 10' L SPLIT RAILS, ALL HND TO 0E PREOWE700410D NATURAL SUBMIT SHOP D0.N4IG0 R I a REDWOOD HEADER 2' % 4' E0N0.00 HEADER 4V b' 100 STANEO 44'OC. T dT CORNERS NATURAL REFER i0 &PELIFIC41103 ... c8lo Coll Dgg 1-000-122 1131 nntOnn Oin MIA YAM, Man Sear MI Ant 1,m. 0.7(4 w oae wr., a u1 0▪ . 0342 T M 2/10/14 i\•W1\MrA)WaerL.U°.%VA LEGEND Y 00P1N 002004000000 OR 6' 000 RULE. 5(0.0 .OR PER 100003IE. 00411 PER 194'x1. 000g11N0411040. tO 0306 MMP. 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Mx 44/4/to 44444 • CITY OF TEMECULA YOYCYLE VINE PLANTING P-8 SY 4140 REDDODS Sit • \ CITY OF TEMECULA • TRIPLE STAKE TREE 30" BOX SIZE OR GREATER P-3 NOM 13,101 mnfot CITY OF TEMECULA SHRUB PLANTING ON SLOPE SCALE RA PulY YCYAE P-7 PoOr CITY OF TEMECULA .o0-00 DOUBLE STAKE TREE ON SLOPE 5 GAL.. 15 GAL.. 24" BOX P-2 ADD P.aere u a- sx/n/m 00 AM It 0.00 a x042 CITY OF TEMECULA SHRUB PLANTING yuye P-6 DM/DC 0(0 0- rt. ACCEPTS 00 0004 w 0/00X4 • CITY OF TEMECULA DOUBLE STAKE TREE 5 GAL.. 15 GAL.. 24" BOX P-1 • CITY OF TEMECULA noyoDE TREE ROOT BARRIER P-5 CITY OF TEMECULA 0 0 Of 000:544 x� 02010 000 2.0 No Nib TEMECULA MEDICAL CENTER LANDSCAPE PLPNRO CETAL8 LP -14 S.41 of Zragt n-1 Iii LIIJLTIAPILL IMIca IA7 rJt =�11�—I1 MCall belore you em aDgg • CITY OP TEMECULA CITY OF TEMECULA BOULDER INSTALLATION P - 12 l Krt thatigem • CITY OF TEMECULA SLOPE DRAINAGE ADJACENT TO TURF AREAS P - 66 MULCH LAYER P-11 CITY OF TEMECULA MA NTENANCE WA K FOR SLOPE PLANTING AREAS P-15 CITY OF TEMECULA CONCRETE HEADER P- 10 • CITY OF TEMECULA mw. LANTING ADJACENT TO ROADWAY P - 14 =dl?I=i-1�11 FJ IligaIL=IIriIFIIm11i ity -974-Ir • CITY OF TEMECULA GROUND COVER PLANTING P-9 ©OUncw'RB 0000 SLOPE O GRANITE DEPTHNEW G4VORGA DECOMPOSED O TO PL IES - REFER GOLD' BY SRC ROCK. O 1000400R406- 3' DELAY Oj SSA MM, COMPACTED TOP CP DELghWBED GRANITE. OG. BVSARADE. S' DEEP SHALE. BE 06.6000000600001 PAV6G. 0 REp000 MEADER/ PAVSG/PA. REFER 00 PLAN © FILTER FABRIC O PLANTER AREA STABILIZED °DECOMPOSED GRANITE SECTION SCALE: I I/2'•I' 0414 SARA WEBBY TA PLEA 09630.0 I BAB RAGA./ INGE ea+n. oI RA -k 23.0 ACREPRO ROW 5/20/29 CRY OF TEMECULA 090'w1. OCTOBER 0I, (6 MB TEMECULA MEDICAL CENTER LANDSCAPE NJ VINO RETAILS LP -15 SNet MCall beforyou 8g i -w> -fa 4133 24 t • E2O L q(/w18 1 en I. xe!Neer ,40,4;11-�3 OR I.eswo MA9xe6Arlo„ L1.10. u -u AND Lore POR erDtYAII9 Iw„ye".WSPPIGATIO S FOR ADDITIONAL ION �It MATGHLINE: SEE SHEET LI -4 4 J MATGHLINE: SEE OAR mows OAR ife. Of II 04 ORR Ramos SCAPA wawa e, °"- B, I DIDRed By w...,. o r. a u^4- aw.+.• OI aLk tic 2112 1RB/I1 ucw MOD6 42VRB BY: /OM/ OR oam ROC to OW/ ns CRY OF TEA£CULA Bca.B COMMA 21iwo UH91E1ECU.A MEDICAL CCE 181 WDBCPPE mGAiKIN fi LI -1 ORR of you beforeyou Dgg I-502-123-II11 Ut NOH 1 ULA ROAD _. PO CPS CAS cis PAS CE5 ae2 N ae'raa xttt aW.LA24a ODOM an .:._ HORSE TRAIL "'Eo Eat elira. e._TfeSJ1N 44 3 Wi��•.•W� Z ° z9 ®'gb. FUTURE J b FTNE55 / / LL 3 *P600RE0 ANO .NE Cp4W WRE P900 CCNIROLLER 9 TO THIS LCCPiKN. TAPE, LABEL A230 WATERPROOF' ENOB. PLACE N v6LV0 WX gC I° IRILCQtio; 0S FR 1CWiROLLER' '0' YO Nig LOCAYIRI TAPE. lABEI A'0 WATE(*900! EVD& RACE N VALVE BOX MATGHLINE: SEE SHEET LI -5 I0 I Mares I. See 98E0 LI.13 POR IRAISATICN 0.0690 NOTES IRRISATION !TAI 9 9. BEE S £uPICATIONS POR A001000 L INFORMATION PT REOPENS DOTE CEPOI Pporom siempom PM PLAN ,P„P,T I By 016.4 Ely Pion. P.P>P I1P4f sP.Ma 0f N.L. 1.. 2302 w. 2/2101 RE 0 om ACCEPTED BIT 0021 OMIT „„, 0/30/02 CITY OF IEMECULA 00.9.03 OF PUTUC PORES 0000E01 21. 2010 OFTEN Pe. LEE TEMECULA MEDICAL CENTER LNOOCARE FIFIGATON PLAN LI -2 SOFT% el cores 1, xe Weer LI -1.2 FOR IRRIGATION Leeevo . KR9 I I6 Tl2[ rETL1-19. LI-I4nVO LI -19 POR PTAI9. MG CGGATI 99x! 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Pqb OCICOE0 21. 2010 L419 TEAECULA MEDICAL Cartel L ICECPPE m0A1I0i1 PLAN LI -4 4991 41 X Call Galore you pg i -em -la -Ass 2044011531104 2E4020 MATGHLINE: SEE SHEET LI -2 d N0105. 1 555 0 C T LI -1.2 FOR IRR0OATlON L00000 4 ERRISATIOR PETAIL9 5,5555S �,P SA„� 5012.P0ADDITIONAL far-�;. — — a—'=a-=a —v w m OA MYROM ROT 5.2204 124244 »RI 1Pt MATGHLINE: SEE SHEET LI -5 crousn I 5 I 2342 •nemSSW tarm 1,30/ca atK0100 00 CRY OF TEMECULA 0 le 20 a 40 00 0.300.40440 Or 5254C woos OCTOEPS 21. 2020 DreeN Ho. UH9 TEMECU A MEDICAL GERMS LANXICAfE mOATfl PLAN LI -5 Ant el MATCHLINE: SEE SHEET LI -5 POINT OF CONNECTION 6 nMETERWAMA MER SIR 1 Nr PEAK MIAMI 43 OM VAS PRO2.02 1 VF *0424NB WARN MESAS 714 POI NMA. WAISR W 0CP 7010 447 mnuim ANNUM. WATER 444442412Th MY TS x wa. WOWED LwwQA.E Nen0000 cn POINT OF CONNECTION: 4 WATER Y1103442 P YAW EIMOM 1 VY PEW RYWR µ W AVNL�YWER 47�240 M Aww. WAT10 ONiwPA/119 Mt �T1 20 EO 64724*1110 40414114E ARM 0070 W 2711227201.41432020140.1 W POINT OF CONNECTION 3 WAT4 METER 24472 4 v wrt WMEx 0414040440 41 OM/ 474.14m• PNL WATIBI ER MESAS iU 220 ELIWTPD W4p0 44 (210F0TER WE Y MEM EBT WT161Ap%ANE Ma SCREE 131 POINT OF CONNECTION 2 WATER MITI2 @ 114 WE BIWAE! 1 VY 00240004100 40 OEM MANAMA WATER 141130( IN PN NNW. WATER *12 SIM AMAIN. WATER IYE own ET [BIBO.T0 LeCECARE NEA 00773 41704 E2101.010 E.44 4Ir µG (400 IW POINT OF CONNECTION: 1 WA1g14010 SIZE TK WYM STUMM 4Mr POR 0044024 47 OM AV ANAILE ANNUAL WATER USE 04CfS 03144 0471440. WATER IY W:Rx 1a1.RTm 0I6NCNEPnw 484In3 iin EBNMT®IWNUP1N0A MONS Im /2 F ISGTLL00 WATER -e 0100 2 ORP@ wRSO 400 704E COMM 21E FROM 'CONTROLLER 'A' TO TNI* LOOALIRPR0.740NDs.PLACE 21400I -------- __. 4ALY£-BOX -.. __._... i.. CONTROLLER ID: A 4104 TOSAS0 W@ 42 WES TO EEE*ITO4MOM 400 NMEMUCTIOS 0012444 WEA40 FOR 4DO 773040. OOMMIOLlm E1201WMTI0144.W 04405 NUMBERS Call befo a g 9 1721227 I, 5E4 SHEET LIMO FOR IRRIGATION 1E900 4 NOTES 5EEam4T 1.0.11.4 A•p 11-15 POR IRRIGATION GETS 5 SEE SPECIPICAT OW. POR AGOITONA. INFORMATION 20 00 '0 MATC-HLINE: SEE SHEET LI -9 OA SY Loaa 100.80110 0010 BOK. 11010 SCALE 110 FLAa sweat 04777747 07 I o-._ E1 I 014044 Ey A,,. P,N,.N 100." 0,-010 71 2100100 ELLA Ea. 0302 02090.00716 B. 0121 0408P10 A Oat IWe"sex as/ err ROW 011 /37,16 CITY OF TEMECULA OC1001 SI. 0010 003004 8. UNB TEMC-COLA MEDICAL CENTER LANDSCAPE RIMIICN PLAN LI -6 02 6 MATGHLINE: SEE SHEET LI -b 2121 I I I I II Ico MATCHLINE: SEE 'SHEET LI -4 a NOTES IRRIGATION DETAILS " Op "--' . TION I°ATION/ FOR .. \ T ONN. II 20 pre nso. IIII ::1: !Iil III Ili a N •'jccurry lY HOSPIT BUIL, 20 OCAL lora"1. 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G.0.90120 01 Mw IIc 290 0 1/200! 11000400000/1 0I0 *cavil0 BY: 9 R. 3620 6/80/04 WRS 1.°28 $HEEL LI213 POR IRRIGATION LE6Exp L NOTES IRRI6TTION OOTAh5 9. 5EE 59E91 ICATIOW POR ADDITIONAL MFORNATl0NN CRT OF TEMECULA 007008200 OC1 1146.9 21. 0 UH8 TEMECULA MEDICAL CENTER WOOCAPE mAQ4TICN PLAN LI -8 Aria el CaII b4ROTO you Dgg I-200-122-1121 CASALATAT 4400220 MATCHLINE: SEE SNEET LI -6 Mirrr `yid 414 Iw I rr-xvm • . rrproileer- MATCHLINE: SEE SHEET LI -10 0420 D000 SDK 4444.010 scIa 44.4 RAS 5toa., or ( me.n e2 n� n244044 4+4- 52M4m 0 AAA II. 0442 RAI RE DOC 02 ACCEPIW E42.2224 I. CCC 9MCCT L✓12 FOR IIIRIbATIW. LESERD L NOIES 2 5E2 SHEET LI -I$, LI -14 ANO LI -15 COR IRRWATION DETAILS 5.002 00ELIPIGATlONS IDR ADDITIONAL INFORMATION 44017 5/10,44 CM OF TEAECULA 002211124 II Or ADD . 00 CAD 2I.2020 VHS TEASECU-A MECICAL CBJIEfi L NCOCAPE U1OATpN FUJI LI -9 SRI 410 MATGHL!NE: SEE SHEET LI -11 ami a° vr 1425 SO } _ - 1-- .... 191f1811-!-' x CaII before you X89 I -W9-122-1133 ca4smvoLuLLL 220.10 OA 31291115 DOC Ds. liAn NIA -011100 DD1DD MAE TEMECULA PARKWAY FuSI wires„ I DAD By� a.,, By Dens DADDY Una SAND, 0 0l DA, lc Daum RAA XL 3339 9 0/IDT 1.OM 1see SNEEU U -O FOR IPAWPnOY L39390 1 NOTES 2. Sae veer LI.19. 9. •14 AND U-6 FOR 10.WOATION DETAILS 3. SEE S EGIPILA11GN3 POR ADOIfOWJ. INFORMATION 3EM 1110100' AFS e2 x313 0/33)293 CRY OF TEMECULA 0 m 20 11111 60 NORTH KALE 1'.70' OOPIDISCAT Of PIESX A01.5 01101ICR 25.1010 UHS TEMECULA 10tW nl canal INTI -CAPE PPIOATON PLAN LI -10 ;':.CBII before you Dg 00115171vC80.11 RECORD OAR MATCHLNE: SEE SHEET L.1 -S2 DERCRIif uFFF 1.0 W0810181 SOO PO Pim 0, 1 00.6.40y Pan. 00202M IN.:- 5....4.02.1 Of .1 v. CRUffi P0xe 884E 0/30/0 RE 2.20[22 ort ACCORD 00 0 0 u �� 4R 6/20M CITY OF TEAECULA mzs. EEC SNEer un] POR IrzaisnTwN [eKMo [ NOTES 3. SEE 5x00 0099, 00.04 ARO LI -00 FOR RRgn0ON DETAILS 9. SEE SP'GIPICAVOR3 POR ADDmORAL IWGR^NTIW. 00PAR11410 Or 0128.4 1.011x8 OC0008 21. 2010 VHS 1EMECU-A MFnrl, CBfIEn L NDOCRPE U00A11JN PLAN LI -11 9-411 R1 GENERAL IRRIGATION NOTES I so'.6444711 Snarl 050'444 IS BASED M 444 44441L48LE WATER Nana CO Vh PBI 4T THE PONT CF CONNECIKN 154E CONTRACTOR IB RESPPN015'-E FOR 4ERF11F4 40.4165 PRESSURE FRIOR 10 ORDERS* 3141EPo4LB OR MONIS* CCNB1R4C1GN AND PROMPTLY REPORT ANT DIFFERENCES TO CURER AND/CR OWER5 REPRE5EN14TVE, Z. TAB 6151EM IB DECGNE0 POR 555 W POTABLE BITER AT TAB TIME. BEE R44.15 305 TOTAL@ FOR ALL POND, OF CONNECTION. 3. THE IRRGATI N 0151E11 15 544aN DIY,RARI4TIC4LLY FOR CLARITY. LOCATE ALL PIPING, VALVES. BAW^LOL PFEVENIICN DENCES. AND IRR'G41KN go:UPBEAT WOAD LNNOBC4PE AREAS W,155 NOTED OR DIRECTED 075551011. 4. PRIOR TO ANT 5XC4vA1WN OR 1FSM:NNO. LOCATE AND vERFY ALL CABLES, CONDUITS. AND YSERGR0ND UTILITIES. BE CONTRACTOR 15 RESPONSIBLE FOR COi1401PG AN IN0ENGWNHD UIILILT LOCATING SER•10E PO LOCATE AND MARC ALL UTILITIES, THE CONTRACTOR ALL TAKE FRCPER FE£C41)11055 NOT 10 DAMAGE OR DINARS 5CN INDEIOFO.Z.D UTILITIES NO7RT THE OWER A`0/OR OWERB REPRE5EN1Ai4YC Itt11014TELr 6 A C0FLCI EXISTS 55114E645 WON OBSTACLES AND TOE PEED WORK. PROCEED M SAME M4 ER F ROCK LASERS OR AVT 0114ER CONDITIONS AP@ E%}NZERED WD5RSRTM' . 5. PNE CONTRACTOR Budin NOT WLLWLLY SMALL ME a/RG41304 SYSTEM 45 BNOWN ON ME DRNUNOS UNEN IT 15 04141045 N INE FIELD 114AT OBSTRUCTICTOGRADE DIFFERENCES OR DIFFERENCES N TE AREA DNENISCHS Mat N OR 04/SEREN055 PROM,' 10 THE AATTENTI04 OF LAG LANDSCAPE ARONIIEG�550 .01111 cONTRACTOR FAIL TO NOTIFY 154E 1.4WEC4PE ARCHITECT CP AVT !DISCREPANCIES NEN THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY AN50NS NECESSARY AT NO40047CN41 COB. TO THE 0NER 6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDN410G AND MYRCONTROLLER M EA 514041N OR x545 PANS Swat!, 4PCFQR OOIRCE NOT BE E 4R 4445.45,E IN THE LOCATION BROWN. THEN THE CGRR4CIOR 54401L0 PROMPTLY SONS' 'NE LANDSCAPE 4RC541401 PRIOR 10 PRCG2EDPG 55151 INSTALLATION, 1. THE CONTROLLER R1,445 urotri re 70 BE A NO LLEEKB P84081TO 754E FINNAKB AL SALi1NE 0 BIT AO sEp. AT LEASTR0G14. 7145 CONTRACTOR SHALL CONTACT TIN PRE•415EMBLER NO ARRANGE FOR THEIR REPFTSENi411135 ZORG AROVE M5 3463411..411CN AND PWNDE N TH TRIG 1541 THE N8i4LL4TICN 4445 MET THEIR SPECFC434055.111E MITTEN STATEMENT BNAAL BE 4vAIL4BLE PRIOR TO. OR 4l THE FTWL CALKS -ROOM ALL CCN5R0. wawa SAAB. BE 144NP0.DED AND GROUPED N GENERAL AREAS SNOLO ON PLAN v4LVE0 054415. BE LOCATED N PL4VZSG AREAS AND 5111DI4IELY ADJACENT TO NAND CURDS. OR 15444444 4REA0 AND BET At T OGLES TO EDGES 314NVO O PIPE 4540 BALL v4LVE SIMS ONALL 51 EOV4L 10 OR GREATER Ma THE SIZE N TUE LARGEST REMOTE 0051506.4443.443551511314341310.0. 0. IRRIGATION LINES, Nal. BE !TOTALLED N LANDSCAPE 4CSAB a -DRE VER POSSIBLE AND W1WN IY CF 1,4050415E AREA EDGES 41155 50104110 OTHERWISE, IO ALL IRRGATIOH LNEQ UNDER PAVING SHALL BE SLEEVED W ZN GREY PVC BCH 40 RIFE, SLEEVE EA41. BE i TIMES ME DIAMETER CF PIPE 1O BE &EEVED Cr MRL SIA). 11. ALL CONIES, ARES UNDER PAWN, ENALL BENBi4L6D N PSC 104 40 GRAYWar SEPARATE TLEAST 2 TFIE5 THE TE TE 33501 WATER LON 55.55620 AS 50ICAED W PLANS L EP 5FRTE CONDUIT SMALL BE A MN i' DIA11TER IZ. ALL POE FINALE 66401OF THE AREA To BE IRRIGATED D ED IMLE5501OHELAR TO T 65656 015056D ON THE PLANS. 13, ALL SPRTKLE6 WADS NULL BE INSTALLED AND 4DAOTED TO KEEP DATER AND SPRAY OW 4L P4VFG. WALKS, WALLS 05516C11O,NS AND AREAS NOT WIDER 144E CONTROL OF THE ABNER AT 4L TIMES, ADMIT ALL NE4DO TO PINMIZE B4GK09,4344 AND DEFLECTION 6RT1 PLANTS OR AVT OTHER OBSTACLES. 14. NEPAL. FIXED AR' NOZZLES WNENEY,R POSSIBLE. v4Pod5,E ARC NOZZLES SHALL ONLY BE 50E0 N AREAS !SORE FIXED ARC NOZZLES 44)4400 4C51EVE EFFECTIVE COVER/01 OR LLCULD CAUSE EXCSB5655 OVER3PRAY. CURPG ME PN4L CLOSE0IT R 006044 E5, NOZZLE CN42015 MAYBE REOIEBZED 4T NO ADDITIONAL EXPENSE TO 144E OFAIER �f CaII e You Dgg I-41:432-4133 5, SOCA-0 LSE CONTRACTOR MAKE NOZZLE CHANGES 6R ADD 56400 AS 4 CLEAT OF BITE OBSTACLES OR CONSTRICTION CS4'GE0. MEN 144E CoNIVACTCR ALL FEEPONEIBLE FOR CALCVLATION AND PDMmENL01N PIPE BE IN NO CASE SHALL PREB5IRE SUPPLY .65 OU vEL0011l15 ExCEED 4 FEET PER SECOND.3 FEET PER 410050 ON LATERAL LIKED K. VIRE COLOR SHALL BE AB FOLLOWS) Al CONTROLLER 'A' 005560. VALVE°. ORAV'E. C01KN WIRE TO BE WHITE WRN OR4VGE STRIPE. CONTROLLER 14' CONTROL VALVE5. TELLOIl 0Ctt'ON WIFE TO BE WHITE WITS YELLOW 51RIF4. 4163 70 BE UNITLER G E CONTROL GREY STRIPS GREY. 0:21-140•1 CONTROLLER 0' CONTROL 4445.625. BROW. COSIGN WIRE i0 BE UNITE 54444 BR'dN STRIPE CONTROLLER 4' CONTROL v4LVE0. RIPPLE. CCMYN WIFE TO BE WHITE WIG POOLE STRIPE, CONTROLLER F' CONTROL v4LV25. PHC C011TI ARE 10 BE WI171 01114 PNC 51RIPo, (BALL MASTER v4LVE0. BLACK =TIMOR BRE 10 SEDATE VTR BLACK STRIPE, G ALL FLOP METERS. RED AVD BLUE. WALL SPAM WIRER. GREEN ALL ARES MALL BE LABELED AT TN51ER1iN4L STAR WITHIN 01E NON 1, GF TUE END W TWE WIRE WITH THE APPROPRIATE Kara NpBER N POWER TO 144E DETAILS A40 4 5BFIB.1404 FOR FURTHER 56GR1411O4 M, ALL R4VIIG1) (ALL BE RELY WATERED N UPON MARTIN. DO NOT RELY SOLELY UPON 1M@ 4NY01ATIC IRRIGATION SYSTEM UTILIZE EUR-LEMBNxtl. NOSE WATERING AB MOORED, INITIALLY A•y WR#G 1315 PLANT E5T4BLI4MENi PERIOD. AND AS DIRECTED 01 RAM TO ENURE i0. L PL4VIPG5 6ECEIvEE 4DEO)415 WATER TO THE ENTIRE ROOT ZONE. ALL SPRN(LER HEADS BIULL BE ADJUSTED AB MOIR:ED, AB TD NEINT, 004ERYVE PATTERN. OR ZORP%LER HEAD CRENI47401, M AB NOT TO ALLOW FEBIRICTI04 CP SPRAY PATTERN BY RANT MATERIAL NAT 3447 IN IUB CAUSE RANT DECLNE OR 05111445. i. NO Low 514008AN/LEIS PER1I11ED. AL. LOWWiD DRAINAGE NNALL 55 CORRECTED BY ME CONTRACTOR BPR'IG CHECK ANO/OR DRAG CHECK vl4,KB 'WALL BE NBi4LBD LINERS NEEDED Al NO ADDITIONAL 005130 THE OWER IRRIGATION CONSTRUCTION NOTES (KATE TRE Dora N.ALNE w TAE away BanPEx F4EDI4reLT 004)451 RMM O TE METER SMALL THE !PEENED BACKFLOG Drat PER Se TOTER AGENCY 51410465 0114Rbl 66 5011@ REBMF@ SEELY LAE AS Bea OG SENSOR 5174CONNECT i004110i 00404 El DON SSED FASTER4444 am Ex44140 TEN FREESRE wFrtY LINE AS NOIR 05 WO PLANS LOCATE M! 4v4R45LE 304401 FWER MIME FOR T@ W1 41 7ER 400 OR TORRACTOR lLP116ILL 0040 1E BDMC Expel' LocATION OF THE CONTROLLRS AG! THEREPR3104141M.OUI K0 IKE VAAL LOCATOR IR BENS DUMRIX! o 444045.5. THE CCNTRaLLE5151R DEt44. 4•D 011 M6v44MCT4HRSIPOCFIUTRa 1146004164010510 RESPOO LE FOR Ex7BAIG, LMNLIG A30 GEE CONFECTION T@ C044RI GLLea�.IIAB1ER 444442 MD Nor IPYIG GR85 TO ME ]'d PE T M4NGACNRETMCDE160/NO11LE taaal44 MI GR91��05114IL 8 0' POO... EaR4Y ('N BAMS) AN. MPR 40'12.044.11561000..0 NP 0051644.II B P a t MA's S 5 14717.0 .CN.^SLH 64 4o 1y e, 6 B 4 fl11._QE.-i FUD) G • 415 ig 7QI.. DaL_l.Gr ll'Lrlg4Fl.y83 ". {}.. A 0 :4. -... DI ..• ;km NP • , • R' roe- BPR4T (N Bµ0181 Mxi. 1115154002-044.MPM560.10 NP COYCR �r1rz;1T ., - ACA @ ' lYQ•.il i� 1,R�..,, POP.UP XPA (. b11RIB LS R1 .NILS , 0 30 65 *5 15 5 RA 5 5AY-FRSS R548 Iry LLw I14 NP 00 R S.li30 VIZ R• POPS), SPRAY IN BNRIB) 4 POP-UP SPRAY Zw Sam) _ _ b 041{,PRS - y50 G - n.A t 5 12' KIT -UP SPRAT IN Banal 41 N SIR15) ' POP.UP �1' ZN : MB N BIIG�N�^0 - +ICA -. .. .. .V Wade x1500wER 1- 5 I- 30 VAR B ]'d 36m 551115 DEBC5PFION 714'5 401VRERrt10014. NO./1) ZE R4DNB P0 0151 DETAIL 8 0' POO... EaR4Y ('N BAMS) AN. MPR 40'12.044.11561000..0 NP 0051644.II B 64 4o 1y e, I' POPSY. SPRAY ( LV SHRUB ).W NO�R.Gv�Y6#4000-310N+00VER ' 40 5 MJ {}.. 1)' POPLAR 0^5590 (w BMd57 ✓µ 40.0. Cv'AMRKv'0. 60 NP COVER IN 40 .45 • R' roe- BPR4T (N Bµ0181 Mxi. 1115154002-044.MPM560.10 NP COYCR 10' 40 ACA @ 94 R' POP.VPBPR4T(N BNRIB) HIT MPR40.l1-CV-1133]000'{0 NP COYER 5' 40 a4 B j( R• POPS), SPRAY IN BNRIB) AN MPR40.p.CV-NPR/000-2 010. COVER H'40 0 t 12' KIT -UP SPRAT IN Banal :Ni 11PR40-5'044.MR0000.5E0 NP CANER 5'' 40 l4t • 1)' PCPNP SPRAY ON 527RI51 NIX 404740v'YFR3000.50 NP COVER 30' 40 26 0 W. PCP -UP SPRAY ON SIMS) IAN, MPR40.17-Cv.MPR31100.00 NP COVER 30' 40 453 B .¢Z Ix' POP.UP SPRAT (14 Sae) AN. 40.12.Cv4111R3000.2 046 CORER 1,13 5 •b 0' POOR. SPRAY (Ii &LWB) IFN. 5R40.2.Gv'MRLi0v00. 360 NP CCMSR 30 4.0 364 B PALINAL 051. DESCRIPTION .1444F4CNCERT✓ODEL ROA NOZZLE RADUB PSI GPM DETAIL (00 R' POP.VP S1RI5 ROTOR ANDER 452041P.4RR..15 AY (PURPLE) i3' i5' 50 15 0 0 G' POPOP 5HRSB}OTOR HN}ER 1.30'41P-46v'I5 BR (PURPLE) i3'.1Y IB G G' POPSIP SARIS ROTOR 55415E 1.)0.515.354.30 BR (WRPLEI 30'.40 50 G (5) 13' POP.UP SHRUB ROTOR LAMER 1.10 40 115418t5) 34'.45' 00 16 0 A IP POPOP BSW13 8070881.}0.NP.3Ru- 5C 51.1.42141.1.134'.45' 14 G -FG - A �Y455413') I' 6'tiEl-. - '. 28 '1lIa - -a .AMI P 1 cc GOA£O1IO5 1 APPROXIMATE, FIELD VERIFY -APPROXIMATE, T . 1 •' ' 1 -�.T 1' - A -• 1• 413 5 !BRASIER AIMS SERIES 111 PER DETAIL SEE RAVE FOR BIZ: . .:TER VAI -VE 3'GPo010.01250 NORI4LLT G." PER DETAIL E LOD METER C4LBE :-1444' *1.n5 PER DETAIL 0 0 / 1' .1 -1 T1. T G - R . TAI • CK CW 1.18 RAN BRO44NP PER DETAIL H 20v al •:) '.: 3"4...R .- :T . / 1444LVE(4505,471O/ NIB00001 FP.60, SUPPLY LINES UP TO 2' 0 'TE V4vE(IX4,47CN) NI1300665.RW SUPPLY .5115241• AND LARGER K -L - • i-.• N 1'51 V.F4 .. F GRIP 550 MUNI vALV2 CONTRACTOR FABRICATED .1 ALL EW5 OF ORP LATERALS DRIP AIR 4440011 PELIR NETOFSI.ARJ q} NIGNEB1 PO O SYSTEM 10 POLY AOR APPRP20 0064141151141551084151,44! Z ` - 41 '•)•'Ii -T. • • 14 L - P C4BENSE WYEW OPTIONSR ER000144.fi*.'.R3.PR146E.5 150.430.0525 - _PTE 555 TAR _ • . .LBBEM5LE0 CONTROLLER CALMAT!! 40 STATION D' canal' CALOENSE P CALSENSE miaow OP11CNO E12000P-45'41-BR'FL.RRN-005.0-8 D' 4 F' W CUM- ENCLOSURE . _.,.,.......1 • • 1nnv Pow - T FA. I CAL:BN2ATIF? pOYET WREO iO CONTRO4.4,184' V • Op PO PIPE . PVC 43- MARE) ORP - no LARGER -0?-:X L•F.'llill:•lT-� PPD-f1T Y:'E L �� LITRE CONDUIT (FOR ALMA, 101 11'+ 5540 CANN(-PVC GRAY. 540 "40 LB! P5 FN 1155E WItE RAI M,N FDR BNRIM. iEC14NE 0813316,16E BP4CIKG 45 74' AP 4R3 W TN EM111EPS b' cX CENT15 606 AIF. IEOH. NE OR PPEId. NE BPAOINS IB b' APART AiX EMIiIEPS II• GN 055115 • '• i• : 1,, •R 'cl L OLL ., ,.. i 1 saenw LG 001518011.11 D. 4140118 VALVE D 61.0.1. BE ID. TABOR BEOJENCE ®I riNntl FLOW a MINION FOOL '�lCD WATER 0154448011215158 44444E OSCIN%E(APPROX. GM) 0:•41 'RARLMLTERLL DR I0Rtl4TCN 6411 AW ®O M Wahl FLOW MASTER VALVE SAE �F8-1 1/15 L ® R-MA%II VI FLP. --FLOW SENSOR SIZE MARE IOD}KGE PER 444442 00551TION MARE3 FOOTAGECOIBTRCTICN 5402 V4vE SIZE ETTITTRVETIOT RECORD 106.0 13 514. ORS BCC WIER IBM SERE PVT 1.4R Plan P.gvq u.A, 9gw4m IM 0.4..5. 05 5347 osoap!! 40151300 043: 0454 TORRE wap 1.54„ 6/42/11 CRY OF TEAECULA cw.wn¢N1 OF PEE ]I04141 UI -19 TB.AECULA MEDICAL CENTER LANDSCAPE FIROATICM! ELAN LI -12 9TT. of 0 Bnytnnimuoftmo cHuouteenuLreR 0 urea ODEEP ROOT TREE BUBBLERmcrooMe O'.:,,oa,� ow. 9 0 0 bi V oEuors. ofya 30 Como a avAi.ve ID IAO Inn! As nogL 040 .4042!] ® «, we met., oR emu @RLTER IceR143A.0111,0/3 ®Ne demon. mos. eeu• 8180 o`..0` . &CY OMASTER VALVE eaa. . o.orCRou' b X89 I -M -III -11B 3,20 00.11m.i. norm....... ®0'".."..'rumple ..., cuemy ...mom To vat ©12' POP-UP SPRAY HEAD mMe 0:nao. 03•013OR ALL Cat ^tai• �'� a 1 (,i! 11'►\II II or../ Cantttqt 0vµ..7' oiraaraferx ®� w"ro...RIM .a. pryc wan noace Loot ®" --- . OELECTRIC CONTROL VALVE 1100.11 00/0 w„ ono,... 0a.o. a. 0"" ... OK' o,,...,.. ......�.a. Ora VILlirtgr 12' POP-UP ROTOR 000021 Nit 00 • ,,$(1, � t.54,15:814,1640344,t' COMOCC1.0CC 0124 COW OnaecCei 100P QQ 00.1“i0ft Cler.1141VOnaf•X": ea' �.ocoomaoy as') imuum• mum.. 11.04 MUM ROTA 0 LEGE.0.. w n Win ©PLOW METER w ® a T � Clv Iwo To coaRa Lea 3 04 a ®'.oa e.�u `va.ve.00.* (4)7z3.720.•To Le400 a a. a41, «.CtriptricaecruiuveLpug aux eines. Nor use © ISOLATION BALL VALVE 0...44., I 01x1'04.7 .,.. wad.' ..a, Sax./e, 01 o1 w,xd, .r. w 3000440001.0 e o rz A“CP>..a PitCTIR W 3 .Wt. .pF .rwM I0.0020rrnI ©QUICK COUPLING VALVE CRY OF TEMECULA 0E7411141.3 CC 038..JC nVeKS OCTOOCR 20, 200 UM9 T9£CIAA MEDICAL CHIME LNb9CAPE ffMMON PLAN LI -13 0 Vri 682024 p .p ."0..R, wn„e, 07e10,(,..001.01 2016 p0)."01�„ p� µ 600�,,.a.. gn, ..o”" 20M' 8860100,802 .0180.60 ° '18°200 226TA88 2808 02008 80020.8" "8082AL O WYE -STRAINER IN BOX rococo ..r. Dl CaII e Dgg 1400-lu-4633 008511001108 RECORD 602202. ®,TM� errA 00164.0200 600020.0.raffIAL 17 ene trt00 WPC"' p..< .00".., .,. A«>„m.o ma^ p .Norte 0KK �. „e .b 0 0. , p .,".. .2 meson �.. ,R0) o �� w o 0210.224:,; 2 010. Mwn..a.K.W,.60600 AAA ..e, e MOIL 8.06/181.Y61001 �: ua IMa 141/4-8 PLUG CH.0W�T OGATE VALVE o. 1•0600 18•12800 ALL 1.4176.4 2NC0 tat C.0 AI TIC 6Afte 801°M 000810006CAPC 0%174.e,.,.wa o""'_ ----- - --- o•0 1021•81. 118664470N Vie& 8111.120080 PCIt k.,64.'Ca e >. ©TRENCH IN HARDSOAPE 44 .e. 00 Cc 0040(. Opme.berea600041SOLLE0. o;, o`° @LOMA 041.020100 00010 on., sem wavcr caoxr ok. oma,,.scmsearmT mom (woo corsorto A ©CONTROLLER (tw� e�o,w��em. TOP -OPENING PEDESTALt 010 0004 CAW 0020 gib. en tel.C.(CO7C10.11 Q 0,26:74:610= C0410 OnattitrairtIOA637.,.. rain. 2255fit0.070 Mc 01:0.6ve �,0„ ow I ()Mt NOTZ. 01.10 016401.8814/08 06886 660 Int 021,70 WM TO stne• 0011 BE GRECN N COW, 660 04 00-80.006 ©SPARE WIRE BOX ..o,.( 0021. 0 0 NM. O 1000 6000rt 080171104 O' `0105& 0Ra.,a..,, p a« 8100181•340 &fern MCC, 01 © e o a«�N110411170 10.0120 1402 CROSS CONNECTION CONTROL TEST STATION -04 I • 00006046..x. 000.+•4, 0 0 >... It 2001 .0. x00/4 00004460060 0.. 0010.A002800 80 ruyy %SI./ pry taro — o= o 1 o.” o OTRENCH IN LANDSCAPE 00060.10-01 wave box un 6100ILE66 001111202 .608.0610,100 00 CU, 0021110608 Fan NIA0)0 " o 00008.118881, 00ti MAL 00001 005 Urn Not Pl.& 00 140181018.0:20 4.0881100.14.060.04 14 R CONTROL WIRE PULL BOX CRY OF TEAECULA OCCAFIMENT or 100.0 nt)700 °Grocer s. 2000 06002 81 • UFO TB.ECU A MEDICAL CENTER LAPCSCPPE H CATION DETMS U-14 20641 0 It 00 1 o OTHRUST BLOCK MALL et Cm...June rim 144144400 N AMEN rocker, AVOW. ®.uwoa01. .°" 0".ro.eme r-ec w.1 "54544 w' QM.__..._.. °DRIP END FLUSH Cali before you Dgg 240-02-0411 MX. VIZ Q Q� atP. Q R.%RECLOND NEIOR le rrz0(40.44444400 TOIN ENE TOREN TAPE OE VALVE 5[C45c2.4405. 0 ":4.4881121.21101 rrt ocri Iran rt$1101.0 PRO, OSISO Q WIRE CONNECTOR Tosincneo, oemucTutereutons 20 COMIXtett COGRO.Lin EXACT 1•00401® CO RAN laW•4 4® GOOK* 41111 • REPRIMMATIVE MC, TO NT =• an RAN lea.* De Nee urnie OPAIN SENSOR/RAIN TIPPING BUCKET 0° 0ew.o..55540a'onv°"o'n' 0 s°'AFid°ieARAp.OSmaA Yr+n M4 "wwv O 4Y 0email RYE 1 nmi End OPT nEROANNAOLE Mt4 ODRIP AIR VACUUM RELIEF VALVE (PLII-IBED TO FLEX P/C) ° 'DO NOT DRINK' SIGNSECTJob. 0 ov no moo -In. QPa°am)"TT Qi nfxrtertew✓rea1 QP K.if41f iTRAG Qtafw n1 a fa Q" QW rat AI WON earrei ram p.m &limn NOW 04 meta®! lefaLMOR © p.m!, evvin °�Itan; 550404* DRIPLINE TUBING SPADING 4 ° LAYOUT: IRREGULAR AREAS MagorMellik 016110711“.0.0. VALVE. P,C 600 ea aM o arra, algera, " " f5' ®ORintiert Ora O^ ratingeV 0004 ALLEN. ®*54(00 4 ® 44~,40002 Q "n ....b,.. ti0 . QFC ® n 0 4YLIt ®M ®140LIS TAW 1 5 14/%1"..E 11120..Ar10 WATERKORN ET TM ONCUTT4 HOLEN TACONOM UM Mt 0.1 UPSALL 1111.724000 04744{ClICNO OW REMOTE CONTROL VALVE W/ u .x FILTER 4 PRESSURE REGULATOR Aro Q espe 0.44,"00 44. 8.wwewn.4.14 ll'ectIrevolkertst; bite SUBSURFACE DRIPPERLINE .. O(01,4T8141. LKwl 04... .V1 own wV ea oma .n5.wwa ONITIANITOR ROOM NOW 04 EnT 0410 COTO Ia. PER PON °"'""I a.. a, I a _ ea Seem% 12 2E42 ,1#5/e P 4404500 aR ,650 0/5(/05 CRY OF TEMC-COLA 04.04.4TuEre Of COWL %ORES OCIOECE 2(80 ENS TEIECULA MEACAL CENTER WiIBCAPE RATION DETAlO LI -15 RTNI el 22 33 0 PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVE A RESOLUTION ENTITLED " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0194, A MAJOR MODIFICATION TO A DEVELOPMENT PLAN (PA07-0200) FOR THE TEMECULA REGIONAL HOSPITAL TO CHANGE THE PHASING OF THE PROJECT BY REDUCING THE NUMBER OF BEDS FROM 170 TO 140 FOR PHASE I OF THE PROJECT, TO MODIFY THE BUILDING FACADES OF THE HOSPITAL TOWERS, TO RELOCATE THE TRUCK LOADING BAYS AND SERVICE YARD, AND TO RELOCATE MECHANICAL EQUIPMENT FROM AN OUTDOOR AREA AT THE SERVICE YARD TO AN EXPANDED INDOOR AREA AT THE NORTHERN PORTION OF THE HOSPITAL BUILDING ON 35.3 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY, APPROXIMATELY 800 FEET WEST OF MARGARITA ROAD (A.P.N. 959-080-001 THRU 004 AND 951-080-007 THRU 010)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 30, 2004, Universal Health Services of Rancho Springs, Inc. ("UHS"), filed Planning Application No. PA04-0462, a General Plan Amendment; on October 12, 2005 filed PA05-0302, a Zone Change to PDO -9 (Planned Development Overlay -9); on June 30, 2005 filed PA04-0463, a Conditional Use Permit and Development Plan; and on November 4, 2004 filed PA04-0571, a Tentative Parcel Map, in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act ("CEQA"). C. On April 6, 2005, the Planning Commission considered the Project 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 of or opposition to this matter. D. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 28, 2005. G. On November 16, 2005, and again on January 5, 2006, the Planning Commission considered the Project at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. H. Following consideration of the entire record of information received at the public hearings, the Planning Commission adopted Resolution No. 06-01 recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following 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. 06-04, recommending approval of the Conditional Use Permit and Development Plan for the Project (PA04-0463). J. On January 24, 2006, the City Council held a duly noticed public hearing as prescribed by law on the Final Environmental Impact Report at which time all persons interested had the opportunity to present oral and written evidence on the Final Environmental Impact Report. K. On January 24, 2006, following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council and due consideration of the Project, the City Council adopted Resolution No. 06-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." L. On January 24, 2006, the City Council considered the Conditional Use Permit and Development Plan for the Project (PA04-0463) 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 of or opposition to this matter. M. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the City Council adopted Resolution No. 06-07, approving the Conditional Use Permit and Development Plan for the Project (PA04-0463). N. On February 24, 2006, the California Nurses Association and Citizens Against Noise and Traffic each filed a separate petition challenging the City of Temecula's approval of the Temecula Regional Hospital project proposed by Universal Health Services, Inc. O. On May 3, 2007, the Riverside County Superior Court ordered that the City of Temecula set aside its approval of the Project, including without limitation, its certification of the Final Environmental Impact Report and all related approvals and permits, until the City of Temecula has taken the actions necessary to bring the Project into compliance with the California Environmental Quality Act ("CEQA"). The Riverside County Superior Court ruled in favor of the California Nurses Association and Citizens Against Noise and Traffic, holding that: (1) the MTBE plume was not properly analyzed in the Final Environmental Impact Report; (2) the siren noise at the hospital was significant and should have been mitigated; and (3) not all feasible traffic mitigation measures were adopted for cumulative traffic impacts. P. The Riverside County Superior Court also held that the Final Environmental Impact Report properly addressed: (1) cumulative noise, light and glare, and aesthetic impacts; (2) landscaping mitigation deferral; (3) biological resources; (4) geology and soils mitigation; and (5) land use consistency. Q. On July 12, 2007, another scoping session was held to determine the extent of issues to be addressed in the new Environmental Impact Report for the Project. R. In response to the Riverside County Superior Court's decision, a new Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from November 5, 2007 through December 5, 2007. S. On January 9, 2008, the Planning Commission considered Planning Application Nos. PA07-0198 (General Plan Amendment), PA07-0199 (Zone Change), PA07-0202 (Conditional Use Permits), PA07-0200 (Development Plan), PA07-0201 (Tentative Parcel Map) in a manner in accordance with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"), 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 of or opposition to this matter. T. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 08-01 recommending that the City Council certify the new Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. U. Following 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. 08-04, recommending approval of the Development Plan (PA07-0200). V. On January 22, 2008, the City Council rescinded and invalidated its approvals of Planning Application Nos. PA04-0462, General Plan Amendment; PA05- 0302, Zone Change to PDO -9 (Planned Development Overlay -9); PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010. W. On January 22, 2008, the City Council considered the Development Plan (PA07-0200) 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. X. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 08-10, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO CERTIFY THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL HOSPITAL PROJECT, LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY (HIGHWAY 79 SOUTH) APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080- 001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA07-0198, PA07-0199, PA07-0200, PA07-0201, PA07-0202). The new Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. Y. On June 18, 2010, Universal Health Services of Rancho Springs, Inc., filed Planning Application No. PA10-0194, a Major Modification Application in a manner in accord with the City of Temecula General Plan and Development Code. Z. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. AA. The Planning Commission, at a regular meeting, considered the Application and environmental review on December 15, 2010, 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. BB. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application No. PA10-0194 subject to and based upon the findings set forth hereunder. CC. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending that the City Council approve the Application, hereby makes the following findings as required by Section 17.05.030.E of the City of Temecula Municipal Code for a development plan: A. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of State law and other Ordinances of the City; The proposed Development Plan modification is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code, and with all applicable requirements of state law and other ordinances of the City of Temecula because the project, as designed and conditioned, is consistent with all applicable zoning ordinances, state laws and the General Plan. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare; The overall development of the land has been designed for the protection of the public health, safety, and general welfare as the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and has been reviewed and conditioned to comply with the General Plan, Development Code, and uniform building and fire codes. Section 3. The Planning Commission of the City of Temecula further finds, determines, and declares that: A. On January 24, 2006, the City Council approved and certified the Final Environmental Impact Report ("FEIR") for the Temecula Regional Hospital, and on January 22, 2008, the City Council approved and certified the Final Supplemental Environmental Impact Report ("FSEIR") for the Temecula Regional Hospital. B. The City determined that the proposed modifications to the project do not trigger any of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines which require the preparation of a subsequent or supplemental EIR and that an Addendum is appropriate for the proposed modification to the hospital project. C. The Addendum relied on use of an Environmental Checklist Form as suggested in Section 15063 (d)(3) to evaluate whether there were any new or more severe significant environmental effects associated with implementation of the revised project under the Addendum and the proposed amendments and to review whether there is new information or circumstances that would require preparation of additional environmental documentation in the form of a subsequent or supplemental EIR or if an Addendum is appropriate. The analysis in the Addendum indicates that no new significant effects will be caused by the proposed modification to the project, nor will the proposed modification increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Temecula Regional Hospital FEIR and FSEIR. D. The Addendum also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Addendum found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. E. Further, the Addendum analyzed whether new information exists that indicates that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in facts feasible. The Addendum found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. F. Because the Addendum finds no new 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 Planning Commission finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the proposed modification application. G. The Planning Commission finds that the Addendum was prepared in compliance with CEQA. The Planning Commission hereby recommends that the City Council certifies and approves the Addendum prepared for the proposed modification application. The Planning Commission further finds that the conclusions reached in the Addendum represents the independent judgment of the Planning Commission. H. The custodian of records for the FEIR, the SFEIR, and the Addendum for the modification application and all other materials, which constitute the record of proceedings upon which the Planning Commission's decision is based, is the Planning Department of the City of Temecula. Those documents are available for public review in the Planning Department located at the Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula, California. I. All legal prerequisites to the approval of this Resolution have occurred. Section 4. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification Application, PA10-0194: A. Pursuant to California Environmental Quality Act ("CEQA) Section 15164, an Addendum to the FSEIR adopted in 2008 was prepared to assess the potential environmental effects of the approval of the Major Modification Application, as described in the FSEIR Addendum ("the Project"). B. The Planning Commission has reviewed the FSEIR Addendum prior to and at the December 15, 2010 public hearing, and based on the whole record before it finds that: (1) the FSEIR Addendum was prepared in compliance with CEQA; (2) Based on the findings in the FSEIR Addendum there is no new information or change in circumstances that would indicate new and better mitigation is available to address the previously identified impacts, and the mitigation measures contained in the previously approved 2008 FSEIR and mitigation monitoring program adopted in 2008 remain applicable to the project as modified; and (3) The FSEIR Addendum reflects the independent judgment and analysis of the Planning Commission. C. Pursuant to the California Environmental Quality Act ("CEQA), the Planning Commission has considered the proposed Major Modification Application. The Planning commission has also reviewed and considered the Final Supplemental Environmental Impact Report ("FSEIR") for the Project, approved by the City Council as Planning Application No. PA07-0200 on January 22, 2008, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the Planning Commission finds that the proposed Major Modification Application does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the Planning Commission also finds that the proposed Major Modification Application does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Major Modification Application will have one or more significant effects not previously discussed in the FSEIR. All potential environmental impacts associated with the proposed Major Modification Application are adequately addressed by the prior FSEIR. An Addendum pursuant to Section15164 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is therefore the appropriate type of CEQA documentation for the Major Modification Application, and no additional environmental documentation is required. D. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends that the City Council adopt the FSEIR Addendum prepared for this project. Section 5. Conditions. The Planning Commission of the City of Temecula hereby recommends that the City Council approve the Major Modification Application to a Development Plan (PA07-0200) for the Temecula Regional Hospital to change the phasing of the project, to modify the building facades of the hospital towers, to relocate the truck loading bays and service yard, and to relocate mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the northern portion of the hospital building on 35.3 acres generally located on 35.3 acres generally located on the north side of Temecula Parkway, approximately 800 feet west of Margarita Road, known as Assessor Parcel Numbers 959-080-001 thru 959-080-004 and 951-080-007 thru 951-080-010, as set forth in Planning Application No. PA10-0194, subject to the specific Conditions of Approval set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of December, 2010. Carl Carey , Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of December, 2010, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10-0194 Project Description: A Major Modification to a Development Plan (PA07-0200) for the Temecula Regional Hospital to change the phasing of the project by reducing the number of beds from 170 to 140 in phase I of the project, to modify the building facades of the hospital towers, to relocate the truck loading bays and service yard, and to relocate mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the northern portion of the hospital building on 35.3 acres generally located on the north side of Temecula Parkway, approximately 800 feet west of Margarita Road Assessor's Parcel No. 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 MSHCP Category: Commercial DIF Category: Office TUMF Category: Service Commercial/Office Approval Date: December 15, 2010 Expiration Date: December 15, 2012 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). GENERAL REQUIREMENTS Planning Department 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the 1 City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 4. This approval shall be used within two years of the approval date; any time extension beyond the initial two years from approval of this modification will require the preparation of a new environmental document. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 5. A separate building permit shall be required for all signage. 6. Prior to the approval and issuance of any permanent signs, a sign program shall be submitted for review and approval for the project site. 7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. The applicant shall paint a three-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 10. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 11. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs' prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Condition of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. 2 Material Color Exterior Plaster Color No. 1: Dryvit #456, "Oyster Shell" in Dryvit "Sandblast" texture Exterior Plaster Color No. 2: Dryvit #383, "Honey Twist" in Dryvit "Sandblast texture Tile Base: Daltile #CS51, 12" x 12" Continental Slate, Indian Red Painted Trim: To match color of "Indian Red" in tile base Ceramic Roof Tile: Monier Lifetile, Duralite Villa Tinted Glass: Viracon, Bronze VE 4-2M Window Frame: Kawneer, Medium Bronze 12. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 13. All utilities shall be screened from view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A three-foot clear zone shall be provided around fire check detectors as required by the Fire Department before starting the screen. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities shall not look like an after -thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and the applicant shall insure that there are no conflicts with trees. 14. The applicant shall insure that mature plantings will not interfere with utilities, adjacent site existing structures and landscaping and traffic sight lines. 15. All requirements of Development Code Chapter 17.32 (Water Efficient Landscape Design) are required to be met. 16. The applicant shall comply with the Mitigation Monitoring Program for the project. 17. The split rail fencing for the multi -use trail proposed along the northern property lines, adjacent to the residences shall be extended from the current location to the western edge of the property line. Said fence shall be a continuous fence beginning from the secondary driveway at DePortola to the western property line. (Added by City Council, January 22, 2008). 18. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 19. All trash enclosures shall be large enough to accommodate a recycling bin, as well as a regular solid waste container. 20. The property owner or private maintenance association shall maintain all parkways, perimeter landscaping, trail, walls, fences and on site lighting. 21. The developer shall comply with the Public Art Ordinance. Police Department 22. Any graffiti painted or marked upon the building shall be removed or painted over within 3 twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 23. Any business desiring a business security survey of their location can contact the crime prevention unit of the Temecula Police Department. 24. Any public telephones located on the exterior of the building should be placed in a well - lighted, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 25. Applicant shall ensure all landscaping surrounding the building are kept at a height of no more than three feet or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. a. The placement of all landscaping should comply with guidelines from Crime Prevention Through Environmental Design (CPTED). 26. All parking lot lighting surrounding the complex should be energy-saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. 27. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 28. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one foot candle of light at ground level, evenly dispersed. 29. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 30. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 31. Any emergency generator system shall be inside a secure enclosure to prevent theft of fuel or tampering with the equipment. 32. All pressurized gas cylinders not in use shall be stored in a secure location to prevent theft. Building and Safety Department 33. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 34. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. 4 Monday -Friday 6:30 a.m. — 6:30 p.m. Saturday 7:00 a.m. — 6:30 p.m. No work is permitted on Sundays or Government Holidays Fire Prevention 35. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 36. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration. The fire service loop will be a complete looped system with two points of connection (CFC Appendix B and Temecula City Ordinance 15.16.020, Section R). 37. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and off site 6" x 4" x 2-2 %" outlets on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrants in the system. The fire hydrants will provide coverage for the entire site, including all buildings, open space and parking areas (CFC Appendix C and Temecula City Ordinance 15.16.020, Section R). 38. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided (CFC Chapter 5, Section 508.5). 39. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. This includes the fire service lines and hydrants must be completed for the entire site prior to combustibles being brought on site. (CFC Chapter 5, Section 503.4 Public Works Department 40. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City -maintained street right -of way. 41. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 42. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 43. All on-site drainage facilities shall be maintained by a private maintenance association or 5 property owner. 44. The undergrounding of electrical and telecommunication facilities per Temecula Municipal Code, Section 15.04.080 shall be completed prior to the issuance of the first building permit in Phase 3 (Medical Office Building 2). 45. The driveway on De Portola Road will be restricted to right-in/right-out/left-in movements. PRIOR TO ISSUANCE OF GRADING PERMITS Planning Department 46. The applicant shall submit a separate plan, entitled outdoor furniture detail plan, showing details of all outdoor furniture, subject to the approval of the Director of Planning. Outdoor furniture shall be decorative and of high quality appearance. 47. The applicant shall submit cross sections verifying that all roof mounted equipment will be screened from public view as determined acceptable by the Director of Planning. 48. The elevations and roof plans shall show internalized downspouts for all buildings and structures, excluding trash enclosures. 49. Trash enclosures shall be shown on the site plan, landscape plan and elevations and shall comply with the following: a. Trash enclosures shall be provided to house all trash receptacles utilized on the site. b. All trash enclosures shall blend with the architecture of the overall center and include a decorative roof type feature as approved by the Director of Planning. c. Trash enclosures shall be screened from view. The applicant shall provide shrubs and wall vines on three sides of enclosures as required to provide screening. 50. Details of all exterior light fixtures, including decorative entry lighting and wall mounted lighting, shall be provided on the plans. 51. The Applicant shall provide a detailed elevation drawing to show a decorative fence no less than four feet in height around the helipad, subject to the approval of the Planning Director. Said fence shall be constructed in a manner that deflects horizontal wind velocities caused by the rotation of rotor blades, providing all FAR Part 77 imaginary surfaces and the surface of the area remain obstruction free, per Section 1710.020.P of the City of Temecula Development Code. 52. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 53. Double detector check valves shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Director of Planning. 6 54. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." 55. Prior to the issuance of grading permits, the developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the Project, as well as provisions for tribal monitors. 56. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. 57. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. 58. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 59. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the Project area, to the Pechanga Tribe for proper treatment and disposition. 60. All sacred sites are to be avoided and preserved. 61. A qualified paleontologist/archaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological/ archaeological impacts. A meeting between the paleontologist/ archaeologist, Planning Department staff, and grading contractor prior to the commencement of grading operations and the excavation shall be arranged. The paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. The applicant shall provide written verification that services for on-site professional archaeological and paleontological monitoring has been contracted during all phases of earthmoving activities. 62. The Pechanga Band of Luiseno Indians shall be contacted to afford the Band an opportunity to monitor ground -disturbing activities and participate in the decisions regarding collection and curation of any such resources. The applicant shall submit correspondence to the Planning Department that confirms that such contact has been made prior to the issuance of a grading permit. 63. The Applicant shall enter into a pre -construction agreement/treatment plan with the Pechanga Band of Luiseno Indians, prior to the issuance of grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreement/treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and human remains that may be uncovered during the project. The agreement/treatment plan may allow for the presence of Pechanga tribal monitors during any ground -disturbing activities. The applicant shall submit a signed copy of the pre -construction agreement/treatment plan to the Planning Department prior to the issuance of a grading permit. 64. The Applicant and/or landowner agrees to relinquish all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseno Indians for proper treatment and disposition. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 65. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luise* Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 66. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians will be contacted to arrange for the treatment of such remains. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 67. The applicant must enter into a written pre -excavation agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. A copy of the signed document shall be submitted to the Planning Department. 68. The grading plan shall include the following: a. Earth berms as required along the northern property lines and along Highway 79 South as discussed in these Conditions of Approval. b. A note on the plans indicating all areas not proposed for development within six months shall be hydroseeded and irrigated for soil and dust erosion. c. Show the five-foot landscape dimension for all parking islands, including the 1 -foot concrete landing strip (seven feet total width). One parking island is required per ten parking spaces. 8 Public Works Department 69. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 70. Each phase must install its respective WQMP BMP(s) as shown in the master plan. The applicant shall update the WQMP as each phase is developed and include slip sheets or other means to reflect the changes as each phase is developed. 71. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 72. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 73. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 74. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. 75. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 76. NPDES - The project proponent shall implement construction -phase and post -construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction -phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post -construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction -phase and post -construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure 9 ongoing long-term maintenance of all structural post -construction BMPs. 77. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 78. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 79. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 80. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 81. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 82. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone X. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Fire Prevention 83. Maximum cul-de-sac- length shall not exceed 1320 feet. Minimum outside turning radius on any cul-de-sac shall be 45 feet (CFC Chapter 5, 503.2.4.and 503.2.5.along with Temecula City Ordinance 15.16.020 Section E). 84. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, priorto building construction, all locations where structures are to be built shall have fire apparatus access roads. All fire service access roads shall be installed and complete for the entire site priorto combustibles being brought on site.(CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). 85. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). 86. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, 10 Section 503.2.7. and City Ordinance 15.16.020 Section E). 87. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5, Section 503.1.2). 88. Dead end roadways and streets in excess of 150 feet which have riot been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5, Section 503.2.5 and City Ordinance 15.16.020 Section E) PRIOR TO ISSUANCE OF BUILDING PERMIT Planning Department 89. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 90. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to riot adversely impact the growth potential of the parking lot trees. 91. The final construction plans shall include a photometrics plan showing foot-candle illumination in the parking lot, driveways, drive aisles, pedestrian paths of travel and building entrances. A minimum of one -foot candle illumination shall be maintained throughout the site and a minimum of two foot-candle illumination shall be provided at primary building entrances. 92. Final Construction plans shall provide decorative lighting fixtures shall be provided at the primary entry of each building/structure, subject to the approval of the Director of Planning. Final construction plans shall provide details of all light fixtures, including decorative entry lighting, parking lot lighting and wall mounted lighting. 93. The applicant shall submit a detailed lighting plan for the helipad facility. 94. The elevations for all buildings shall be revised in a manner that all exterior ladders are screened from the public view of Temecula Parkway. 95. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 11 c. A note on the plans stating that "Two landscape inspections are required: one inspection is required for irrigation lines and a separate inspection is required for final planting inspection." d. A note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." e. One copy of the approved grading plan. f. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). g. Total cost estimate of plantings and irrigation (in accordance with approved plan). h. The locations of all existing trees that will be saved consistent with the Tentative Map. i. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicant/owner shall contact the Planning Department to schedule inspections. J. 96. The final construction landscape plan shall include the following: a. A calculation indicating the percentage of the site that is to be landscaped shall be provided on the construction landscape plans. The applicant shall insure that minimum required code percentages for landscaping are provided to meet the specific zone requirements. b. The applicant shall field verify adjacent existing street plantings and coordinate proposed plantings to be compatible as approved by the Director of Planning. c. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. d. Street trees shall be provided along all streets at the rate of one per every 30 feet of street frontage. e. Areas proposed for development in another phase occurring not within six months of the completion of the previous phase shall be temporarily tufted, seeded and irrigated for dust and soil erosion control. A note on the grading plan and landscape plan shall be provided. f. A minimum five foot width planting area shall be provided at the ends of all parking rows. Curbs and concrete walks shall not infringe on this five foot width. The planter length shall be equal to the adjoining parking space. The planter shall contain a minimum of one tree, shrubs and ground covers. Accent trees (minimum 36 -inch box size) shall be installed at entries to parking areas in order to define the entry and provide a focal point. g. 12 h. Indian Tribe, Faurei varieties shall be provided for Crape Myrtle. i. Additional trees shall be added on the north, east and west sides of building MOB #2 as approved by the Director of Planning. A combination of large (no less than 24 -inch box) Afghan Pines and California Pepper trees (or other large screen trees) shall be provided along the northern perimeter of the project to screen off-site views of the development as approved by the Director of Planning. k. A landscaped berm shall be provided along the northern property lines adjacent to the residentially zoned lots and DePortola, with mature (24-inchand 36 -inch box) screen trees to screen the view of the buildings and reduce the amount of glare from the project site, subject to approval by the Director of Planning. A cross section shall be provided on grading and landscape plans verifying the buffer area. I. The landscaped area along Temecula Parkway shall include a meandering berm with large shrubs to provide additional screening of the parking lot. The applicant shall provide a combination of shrub plantings and earth berms that can be maintained at a minimum height of three feet around all parking areas to screen parking from off-site views. m. All areas not designed for buildings, parking, driveways or other useable features shall be landscaped, unless approved by the Director of Planning. The area along the eastern property line, adjacent to the access driveway shall be landscaped, unless it is determined critical habitat not to be disturbed. J. n. The Landscape construction plans shall include final color and finish details for all decorative hardscape throughout the project site. Decorative hardscape shall be provided at all primary building entrances and outdoor gathering areas (including the hospital, medical office buildings, cancer center and fitness rehabilitation center). 97. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 98. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, and hardscape) to match the style of the building subject to the approval of the Planning Director. 99. Building plans shall indicate that all roof hatches shall be painted "International Orange." 100. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 13 101. All roof mounted equipment shall be screened from public view as determined acceptable by the Director of Planning. 102. All exterior wall mounted ladders (for all buildings) shall be located in a manner that they are riot visible from Temecula Parkway. 103. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 104. Prior to the first building permit or installation of additional street lighting which ever occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of arterial street lighting on Hwy 79 South into the TCSD maintenance program. Public Works Department 105. Prior to the first building permit, Parcel Map No. 32468 shall be recorded, unless otherwise approved by the Director of Public Works. 106. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Numbers. 400. 401and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 107. The Developer shall design the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Highway 79 South (Urban Arterial Highway Standards - 134' RNV) to include installation of sidewalk, street lights, underground utilities, drainage facilities, signing and striping, utilities (including but riot limited to water and sewer). b. Improve De Portola Road (Modified Secondary Arterial (4 lane separated) -88' R/W) to include installation of pavement, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer). c. State Route 79/Redhawk Parkway (Margarita Road) - Provide southbound and eastbound right turn traffic signal overlap. d. The traffic signal at the intersection of Highway 79 South and Country Glen Way shall be modified to allow a full movement intersection. 14 108. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Dona Lynora (66` RAN) to include the installation of street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer). b. Private 28 -foot wide ingress/egress road to include installation of paving and curb per the approved site plan. 109. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works: a. Street improvements, which may include, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate b. Storm drain facilities c. Sewer and domestic water systems d. Under grounding of proposed utility distribution lines 110. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. The Traffic Control Plan shall indicate that construction traffic may not use the entrance from DePortola Road to access the site. 111. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. 112. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 113. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 114. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. In addition to the above Public Works Department Conditions of Approval, THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE COMPLETED PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT IN PHASE 1— (A 140 -bed hospital) 115. Parcel Map No. 32468 shall be recorded, unless otherwise approved by the Director of Public Works. 116. The Developer shall design the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: 15 a. Highway 79 South (Urban Arterial Highway Standards - 134' R/W) to include installation of sidewalk, street lights, underground utilities, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). i. Westbound a) Provide a dedicated right turn lane - 12 foot wide by 200 feet long b) Provide three thru lanes c) Provide one left turn lane ii. Eastbound a) Provide two left turn lanes b) Provide two thru lanes and c) Provide one shared thru/right lane b. Dona Lynora (66' R/W) i. Installation of half -street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) ii. Restricted to right in/right out vehicular movement c. Main entry (Country Glen Way) and Highway 79 South i. Signal modification ii. Provide a 245' continuous median from Highway 79 South to main drive aisle iii. Southbound (exiting site) a) Provide two left turn lanes b) Provide a 20 -foot wide shared thru/right turn lane iv. Northbound (entering site) — 28 foot wide d. De Portola Road (Modified Secondary Arterial (4 lane separated) — 88' RAN) i. Installation of half -street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) ii. Provide a 28 foot wide internal ingress/egress connection to De Portola Road e. State Route 79/Redhawk Parkway (Margarita Road) i. Provide southbound and eastbound right turn traffic signal overlap. Building and Safety Department The Conditions of Approval herein (Building and Safety Department) are not applicable to the projects that fall under the jurisdiction of the State of California OSHPD. These conditions are applicable to the construction documents for projects, specifically the medical office buildings that are within the jurisdiction of the City of Temecula Building and Safety Department. 117. All design components shall comply with applicable provisions of the California Building, 16 Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code in place at the time of building permit application submittal. 118. A complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street -lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as riot to shine directly upon adjoining property or public rights-of-way. 119. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 120. Obtain all building plans and permit approvals prior to commencement of any construction work. 121. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 122. Provide disabled access from the public way to the main entrance of the building. 123. Provide van accessible parking located as close as possible to the main entry. 124. Provide number and type of restroom fixtures, to be in accordance with the provisions of the California Plumbing Code in place at the time of building permit application submittal. 125. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 126. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 127. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 128. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 129. A pre -construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 130. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards as required in these conditions. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit 17 being issued (CFC Chapter 14, Section 1412 and Chapter 5, Section 501.3). 131. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval for all medical office buildings, except the actual hospital as that is handled by the State. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 132. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval for all medical office buildings, except the actual hospital as that is handled by the State. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT Planning Department 133. A report of findings, including an itemized inventory of recovered specimens, shall be prepared upon completion of the steps outlined the initial study, under cultural resources. The report shall include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the Lead Agency (City of Temecula), would signify completion of the program to mitigate impacts to the palentologic and archaeological resources. 134. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 135. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 136. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. 137. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space ata minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off - 18 street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 138. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. 139. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 140. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department PHASE 1 - A 140 -bed hospital. 141. Prior to the first Certificate of Occupancy in Phase I, the following improvements shall be constructed and operational: a. Highway 79 South i. Traffic signal modifications at the intersection of Highway 79 South and Country Glen Way ii. Roadway improvements a) Westbound (i) Provide a dedicated right turn lane - 12 foot wide by 200 feet long (ii) Provide three thru lanes (iii) Provide one left turn lane b) Eastbound (i) Provide two left turn lanes (ii) Provide two thru lanes and (iii) Provide one shared thru/right lane b. Main Entry/Country Glen Way i. Provide a 245' continuous median from Highway 79 South to main drive aisle ii. Southbound (exiting site) a) Provide two left turn lanes b) Provide a 20 -foot wide shared thru/right turn lane iii. Northbound (entering site) — 28 foot wide 19 c. De Portola Road (Modified Secondary Arterial (4 lane separated) — 88' RIW) i. 28 -foot wide internal ingress/egress connection from project site to De Portola Road ii. Roadway improvements d. State Route 79/Redhawk Parkway (Margarita Road) i. Southbound and eastbound right turn traffic signal overlap e. Dona Lynora (66' R/W) i. Installation of half -street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) ii. Restricted to right in/right out vehicular movement 142. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 143. All public improvements, including traffic signal modification, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 144. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. Building and Safety Department 145. Developments with multi -tenant buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. Fire Prevention 146. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per City Ordinance 15.16.020 Section E. 147. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi -family residential and industrial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors (CFC Chapter 5, Section 20 505.1 and City Ordinance 15.16.020 Section E). 148. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5, Section 506). 149. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5, Section 506). 150. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5, Section 503.3). 151. The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 34 and City Ordinance 15.16.020). 152. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format, must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for approval of alternative file formats which may be acceptable Police Department 149. Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. OUTSIDE AGENCIES 150. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated July 24, 2004, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 151. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated July 7, 2007, a copy of which is attached. 152. The applicant shall comply with the recommendations set forth in the Riverside Transit Authority's transmittal dated July 21, 2004, a copy of which is attached. 153. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated July 12, 2004, a copy of which is attached. 21 rrnauvr.ti Ls. Iry U.44MZY10 Genual Manager -Chief Engineer RIVERSIDE COUNTY FLOOD CO AND WATER CONSERVATION DIS City of Temecula Postnt DBox 9033 Temecula, CalIfomla 92589-9033 Attention: DA1J Unr•1dr Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX JUL 2 8 2004 511110.1 Re: 04 -CAPP2 QA. ot43 The District does not normally recommend cQnditlons for land dMslons or other land use cases in incorporated cities. The District also does not check kill( land use cases, or provide State Division of Real Estate letters or other flood hazard for successes. Distant cormre endafions for such cases are normally limited to items of specific Interest to the District including District Pian facilities, other regional flood control and drain _facilities whtdh.00uld be considered a • • cal en >x extension of a master plan system, and District Area Drainage Plan fees (development mitt r � I fees). In additionInformation of a general nature is The District has not reviewed the proposed project in detail and the following checked corfunents do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard. public health and safety.or any. other such issue: Tris project would not be impacted by District Master Drainage Pian facilities nor are other facilities of regional interest proposed. This project Involves DisMd Master Pian facilities. The District will ownership of such facilities on i�nsp�onwill be City. of the Facilities Dim am�tancce.�Pllan check, inscted to Districtpection andDistrict traf fees ll be required. • This protect proposes channels. storm drains 98 inches or larger to diameter. or other facilities that could be considered regional in nature and/or a fol extension of the adopted would Master Drainage Plan. The -District consider accepting owns of such leashes on written request of bberequired fooacillUes rr �ptancebe �Plan duck, Inspection standards, a�ddml�ivvefees will check mrequired.sn will ibis project is Located within the limits of the District's • Area Drainage Plan for which drainage fees have been adopted; applcabte teas should be paid by cashier's check or money order only M the Flood Control Distil d prior to issuance of build g0 or.gnndin rermrts whichever comes first. Fees to be paid should beat the tate in effect at the time or issuance of.actual GENERAL INFORMATION ' • This project may _require a National Pollutant Discharge Elimination System (NPDES)permit from the State Water Resources ControBoard Clearance for•gnading, recordation, or other final approve( should not be given until the City has determined that;thhe project has been granted a peril er Is'shonrsh to be exempt if this woJect involves a Federal Emergency Management Agency (Fmapped flood plain, then the City should req applicant to provide ail studies calculations, • andormation required to mint FEMA requirements, and should further requl this applicant • • - n a Condit onal Letter of Map Revision (CLOMR) prior to grading, recordation or other approve[ of the project, and a Letter of Map Revision (LOMR) prior to occupancy. tf a natural watercourse or mapped �Arm flood_ plain is im this ems, the City should require the t to obtain a Section 1801/1603 rim the California � P m of Fish and Game and a Clean Water Ad Section 404 Permit from the tlCorps of Engineers. or �camespondence from iese8gendes indicating the ps ax tiff Ren Quality water Section 401 carter Certtilcation may be required the Control Board .prior to Issuance of a Corps 404 X Jra ri•k-foActfi,40 lir- pps4Air 4;- $1 Very tnuly yon, OprWhPJf D %AIi *, Wt t•!fJ T• aa;A4 MS1r4 cr WOW -4F tit I if- vJ rut t• otS cr p qN Ti . TrMr—& M ?.1 c+W-(c• c:�4wt ARTURO • Senior Civil Engineer Date: 7f,Y • • July 7, 2004 COUNTY OF RIVERSIDE • COMMUNITY HEALTH AGENCY • DEP�ENT OF ENVIRONMENTAL HEALTH • City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Dan Long RE: Plot Plan No. PA04-0462 & PA04-0463 Dear Mr. Long: Department of Environmental Health has reviewed the Piot Plan No. PA04-0462 & PA04-0463 to construct Temecula Regional Hospital and has no objections. Water and sewer services should be available in this area, although we have not in receipt of any information concerning those services. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will -serve" letters from the appropriate water and sewering districts. b) Any food establishments, ('including vending machines), shall require three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) Any hazardous materials handling or storage shall require a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955- 5055) Sincerely, San Martinez, Supervising Environmental Health Specialist (909) 9554980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. " cc: - Doug Thompson, Hazardous Materials • :cul Enf oreearent Agency • P.O. Box 1280, Rivscside, CA 92502.1280 • (909) 955-8982 • FAX (909) 7819653 • 4080 Lemon Sheet, 9th Root Riverside, CA 92501 And Um and Wafer Eaglneexleg • P.O. Box 1206, Rtveastde, CA 925024206 • (909) 955-8980 • FAX (909) 955-8903.4080 Lemon Street, 2nd Floor, Riverside, CA 92501 • Riv rstde 7. .sit Agency 1825 ThNd Steel P.O Box 59988 Riverside. CA 92517-1968' Pion: (909) 565u000 Fax (909)565.5001 July 21, 2004 Mr. Dan Long, Case Planner Planning Dept., City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: PO4-0462 and PA04-0463 —Temecula Hospital — Comments from RTA Dear Mc Long: Thank you for the opportunity to review the site plan for the proposed 535,000 sq ft medical complex at Temecula Hospital along State Route (SR) 79. A copy of RTA Planning's internal Development Review Memo is enclosed and provides additional rationale and technical detail in support of the requests for transit amenities that would expand mobility options for this project. To encourage and enhance future transit options at Temecula Hospital, RTA recommends the site plan or street improvement plans be revised at to show the following features: • A paved, lighted, and ADA -compliant transit bus stop with a 220 ft -tong turnout configura- • tion capable of accommodating two parked buses, to be installed along the N side of SR 79, just west of the primary hospital entrance. The bus stop should Incorporate a paved passenger waiting area and space for installation of benches and passenger shelters. . • information note: Sufficient right-of-way appears available for this turnout without significant adjustment to sidewalks, loss of parking spaces or required landscaping and with minimum disturbance of future street tree or utility structure Installations. • 'RTA staff is also recommending designation on the.plans of an additional specified clear path of travel from the bus stop to the entrance of the main hospital building. • RTA staff alsoedvises that the project proponents work with the City to install two new passenger shelters at the new bus stop that are complimentary to the hospital's design and architectural themes. RTA requests these recommendations be made conditions of approval for PA 04-0462 and PA04-0463. If you need further (clarification orl can be of further assistance, please call me at (909) 565-5164 or contact me online at jnm000v@riversidetransitcom. Michael McCoy Senior Planner F:ldatalPlanning1MikeMiWordlOev RevievATemeai1a120041RTA ltrhd - Temec Hosp.doc Silverside Wendt Pony PLANNING DEPARTMENT MEMO DEVELOPMENT REVIEW To: Anne Palatino, Director of Planning From: Michael McCoy, Senior Planner Subject City of Temecula, Cases PA04-0462 & -0463: Piot Plan review andCUP for 535,000 sq ft of hospital and medical -related fadliities, N of State Route (SR) 79 and W of Margarita Rd; Riverside Transit Agency (RTA) Comments Bus routes involved: EEdsting Route 24 and future bus routes Summary: Universal Health Care Services Inc proposes a site plan and conditional use permit for the Temecula Hospital project, 535,000 sq ft of medical facilities located on 35 now vacant acres 1/4 mile west of the SR79-Margarita Rd intersection in a rapidly expanding commercial district of Temecula. This will be the first fust -facility medical institution In Southwest Riverside County and will be a distinct asset to the community, challenging planners and engineers to provide a robust suite of mobility options for access to it. The project includes the following components: July 21, 2004 • 176 -bed, 6 -story hospital building, Including Emergency admittance • A 5 -story expansion of the hospital • Two multi -story medical office buildings • Cancer center • Fitness center • 1280 parking spaces The site plan's perimeter and interior circulation patterns are very good, with primary access provided directly off a signalized Intersection at SR 79 and Country Glen Wy. The hospital's main building entrance will have a covered drive thnt loop sulltable for van - pools, paratransit and most private vehicles. Several ADA paths -of -travel are specified on the site plan for connection between the main hospital and ail perimeter driveways. RTA operates Route 24 along some portions of SRT9 but the bus currently does not stop at this site. RTA is currently studying a general reconfiguration,of bus routes in South- west Riverside County and anticipates additional bus service along SR79 and Margarita Rd in the relatively near future since itis an important•arterial that would serve many commercial generators of bus traffic. In considering what transit amenities would be appropriate for the Temecula Hospital site, RTA staff looked at other comparable hospitals in the inland Counties. In some cases, such as Route 17, the hospital is important enough to be the route terminus or name of the line as identified on the bus itself. Also, several distinct transit routes often serve a single large hospital, as listed on the next page. It was found that in general, buses would come onto the site, close to the main building, to drop off and pick up passengers lithe facility was publicly owned, such as Riverside F:ldatalPtanningWikeMlWordlDev RevtevATemeada120041Temecu1aHosp doc County General Medical Center in Moreno Valley. For privately owned hospitals, like Kaiser or San Gorgonio, the transit stop was always off the property along a nearby street. Some examples of transit service and stops are: • .Kaiser Hospital In Riverside: 2 lines, with transit stops along Magnolia having multiple turnouts, benches and shelters, etc; • Loma Linda Hospital: 3 Ones, with transit stops at several locations on perimeter of complex and other nearby medical facilities such as the Veterans Hospital; • Riverside General: 3 lines, with transit center and bus turn -around on site, very close and convenient to main building; • Riverside Community: 2 lines, bus stops along Magnolia, off the property; • Corona Regional Med Ctr: 2 lines; bus stops along S Main St, off the property; • SL Bernardino Med Ctr: 3 lines, multiple bus stops along various perimeter sts Smaller hospitals such as Menifee Valley Med Ctr or the Inland Valley Regional Medical Ctr are not expected to be comparable to the planned Temecula facility upon its full build -out. RTA staff believes Riverside's Kaiser Hospital bus stop configuration would be most comparable with the future needs of the proposed Temecula facility, since the former also has several medical towers, doctor offices and a similar perimeter access road network. No on-site access for regular transit buses is anticipated at either site. To ensure safety and convenience of future transit operations at the Temecula Hospital, RTA is respectfully requesting the site plan or associated street engineering plans -be amended to include a two or three -bay bus stop and bus turnout located at: • North side of State Highway 79, on the far side (west of) the proposed signalized Intersection with Country Glen Wy and the primary hospital entrance. The stop's taper, or entrance area, should begin no closer than 50 feet from the end of the Intersection's radius and extend for no less than 220 ft to accommodate two parked buses. The exact position would depend on location of utility structures, commer- cial signs, street lighting, key landscaping and other factors. The minimum depth (i.e. width) of the turnout is 10 ft, however this may be reduced to 5 ft if a designa- ted, striped bike path is installed along this portion of State Highway 79. • Additionally, RTA requests the site plan specify another clear path of travel from the main building going directly out to the requested bus stop location. • RTA staff also requests that the protect proponents consider investing in some additional architectural amenities for the bus stop, Its benches and shelters by perhaps taldng this opportunity to make a positive visual statement at this site in the, interests of maintaining the community image of Temecula. Because this facility will be one of the most well-known and visited places in the city, its bus stop is deserving of a high-quality bench and shelter that are visually compatible and complimentary to the main building architectural theme. The applicant's architect or engineers are urged to contact RTA staff for further details. RTA staff will request the multi -bay bus turnout and the path of travel discussed above be made conditions of approval for cases 04-0462 and 040463. RTA staff will work with future developers of the eastbound bus stop site (across SR 79) to ensure it is comparable and compatible wfth the stop in front of the Hospital. INITIAL REVIEW INFORMATION - Review completed date: July 21, 2004. F data1PlaroiingliaeM.WoMlbev ReviewiTemeculal20041TemecuIaHosp.doc Rancho tel' Boud of Dito:tore John E. Soagtand President Gobs F. $o Sr. via Praaideat Stephen J. Coawta 6aipb a Daly Ben R. Drake Lira D. sermon John Y. Roost Officers: Brien J. Deady General Manager Phillip L. Padres Director of lrinaaA -Th wrrr EZ.'Solt Lessons Director of Botiaea(ns Paa711. Loaat Controller Linda M. Freon* Metric( eaa stsry/ddmtuha etw Bertha Efenater C. Michael Cowen Beat Boot do Krieger LLP Gew.e1 Coaaaaet July 12, 2004 Dan Long, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589 - 9033 SUBJECT: WATER AVAILABILITY, TEMECUL GIONAL HOSPITAL; PARCELS NO. 1, NO. 2, AND NO. 3 OF PARCEL MAP 13043; PARCEL 4 OF PARCEL MAP 6813; AND PARCELS NO. 1, NO. 2, NO. 3, AND NO. 4 OF PARCEL MAP 13734; APN 959-080-001 THROUGH APN 959-080-004, AND APN 959-080-007 THROUGH APN 959-080-010; PA04-0462 AND PA04-0463 Dear Mr. Long. Please be advised that the above -referenced property, is located within the boundaries of Rancho California Water . District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required; the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. All on-site public water facilities will require public utility easements in favor of RCWD. The project proposes to relocate RCWD's 12 -inch discharge pipeline and the associated easement from RCWD Well No. 120. This pipeline must be contained within a minimum 20 -foot -wide easement, which is located such that no permanent structures or trees are located within its boundaries. The projei t proponent should schedule a meeting with RCWD to confirm and detail these reguireme ts. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT lVlrc eel, G. Meyerpeter, P Development Engineering otvtgwcA c Laurie Williams. Engineering Services Supervisor Bud Tones, Engineering Project Coordinator Bonen*Ca9;ferara Rater DLfdct 42136W.oehaaterRoe& • Pod Office 8=9017 • Tlswaola.Cel 921398019 • Me 2964900•FAX (809)2866960 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0194, A MAJOR MODIFICATION TO A DEVELOPMENT PLAN (PA07-0200) FOR THE TEMECULA REGIONAL HOSPITAL TO CHANGE THE PHASING OF THE PROJECT BY REDUCING THE NUMBER OF BEDS FROM 170 TO 140 FOR PHASE I OF THE PROJECT, TO MODIFY THE BUILDING FACADES OF THE HOSPITAL TOWERS, TO RELOCATE THE TRUCK LOADING BAYS AND SERVICE YARD, AND TO RELOCATE MECHANICAL EQUIPMENT FROM AN OUTDOOR AREA AT THE SERVICE YARD TO AN EXPANDED INDOOR AREA AT THE NORTHERN PORTION OF THE HOSPITAL BUILDING ON 35.3 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY, APPROXIMATELY 800 FEET WEST OF MARGARITA ROAD (A.P.N. 959-080-001 THRU 004 AND 951-080-007 THRU 010) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. A. On June 30, 2004, Universal Health Services of Rancho Springs, Inc. ("UHS"), filed Planning Application Number PA04-0462, a General Plan Amendment; on October 12, 2005 filed PA05-0302, a Zone Change to PDO -9 (Planned Development Overlay -9); on June 30, 2005 filed PA04-0463, a Conditional Use Permit and Development Plan; and on November 4, 2004 filed PA04-0571, a Tentative Parcel Map, in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act ("CEQA"). C. On April 6, 2005, the Planning Commission considered the Project 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 of or opposition to this matter. D. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 28, 2005. G. On November 16, 2005, and again on January 5, 2006, the Planning Commission considered the Project at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. H. Following consideration of the entire record of information received at the public hearings, the Planning Commission adopted Resolution No. 06-01 recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following 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. 06-04, recommending approval of the Conditional Use Permit and Development Plan for the Project (PA04-0463). J. On January 24, 2006, the City Council held a duly noticed public hearing as prescribed by law on the Final Environmental Impact Report at which time all persons interested had the opportunity to present oral and written evidence on the Final Environmental Impact Report. K. On January 24, 2006, following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council and due consideration of the Project, the City Council adopted Resolution No. 06-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." L. On January 24, 2006, the City Council considered the Conditional Use Permit and Development Plan for the Project (PA04-0463) 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 of or opposition to this matter. M. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the City Council adopted Resolution No. 06-07, approving the Conditional Use Permit and Development Plan for the Project (PA04-0463). N. On February 24, 2006, the California Nurses Association and Citizens Against Noise and Traffic each filed a separate petition challenging the City of Temecula's approval of the Temecula Regional Hospital project proposed by Universal Health Services, Inc. O. On May 3, 2007, the Riverside County Superior Court ordered that the City of Temecula set aside its approval of the Project, including without limitation, its certification of the Final Environmental Impact Report and all related approvals and permits, until the City of Temecula has taken the actions necessary to bring the Project into compliance with the California Environmental Quality Act ("CEQA"). The Riverside County Superior Court ruled in favor of the California Nurses Association and Citizens Against Noise and Traffic, holding that: (1) the MTBE plume was not properly analyzed in the Final Environmental Impact Report; (2) the siren noise at the hospital was significant and should have been mitigated; and (3) not all feasible traffic mitigation measures were adopted for cumulative traffic impacts. P. The Riverside County Superior Court also held that the Final Environmental Impact Report properly addressed: (1) cumulative noise, light and glare, and aesthetic impacts; (2) landscaping mitigation deferral; (3) biological resources; (4) geology and soils mitigation; and (5) land use consistency. Q. On July 12, 2007, another scoping session was held to determine the extent of issues to be addressed in the new Environmental Impact Report for the Project. R. In response to the Riverside County Superior Court's decision, a new Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from November 5, 2007 through December 5, 2007. S. On January 9, 2008, the Planning Commission considered Planning Application Numbers PA07-0198 (General Plan Amendment), PA07-0199 (Zone Change), PA07-0202 (Conditional Use Permits), PA07-0200 (Development Plan), PA07-0201 (Tentative Parcel Map) in a manner in accordance with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080- 007 through 959-080-010 ("Project"), 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 of or opposition to this matter. T. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 08-01 recommending that the City Council certify the new Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. U. Following 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. 08-04, recommending approval of the Development Plan (PA07-0200). V. On January 22, 2008, the City Council rescinded and invalidated its approvals of Planning Application Numbers. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO -9 (Planned Development Overlay -9); PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010. W. On January 22, 2008, the City Council considered the Development Plan (PA07-0200) 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. X. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 08-10, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO CERTIFY THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL HOSPITAL PROJECT, LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY (HIGHWAY 79 SOUTH) APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080- 001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA07-0198, PA07-0199, PA07-0200, PA07-0201, PA07-0202). The new Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. Y. On June 18, 2010, Universal Health Services of Rancho Springs, Inc., filed Planning Application No. PA10-0194, a Major Modification Application in a manner in accord with the City of Temecula General Plan and Development Code. Z. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. AA. The Planning Commission, at a regular meeting, considered the Application and environmental review on December 15, 2010, 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. BB. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application No. PA10-0194 subject to and based upon the findings set forth hereunder. CC. The City Council, at a regular meeting, considered the Application and environmental review on , 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. DD. At the conclusion of the City Council hearing and after due consideration of the testimony, the City Council adopted Resolution No. subject to and based upon the findings set forth hereunder. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council, in approving the Application, hereby makes the following findings: A. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of State law and other Ordinances of the City; The proposed Development Plan modification is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code, and with all applicable requirements of state law and other ordinances of the City of Temecula because the project, as designed and conditioned, is consistent with all applicable zoning ordinances, state laws and the General Plan. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare as the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and has been reviewed and conditioned to comply with the General Plan, Development Code, and uniform building and fire codes. Section 3. The City Council of the City of Temecula further finds, determines, and declares that: A. On January 24, 2006, the City Council approved and certified the Final Environmental Impact Report ("FEIR") for the Temecula Regional Hospital, and on January 22, 2008, the City Council approved and certified the Final Supplemental Environmental Impact Report ("FSEIR") for the Temecula Regional Hospital. B. The City determined that the proposed modifications to the project do not trigger any of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines which require the preparation of a subsequent or supplemental EIR and that an Addendum is appropriate for the proposed modification to the hospital project. C. The Addendum relied on use of an Environmental Checklist Form as suggested in Section 15063 (d)(3) to evaluate whether there were any new or more severe significant environmental effects associated with implementation of the revised project under the Addendum and the proposed amendments and to review whether there is new information or circumstances that would require preparation of additional environmental documentation in the form of a subsequent or supplemental EIR or if an Addendum is appropriate. The analysis in the Addendum indicates that no new significant effects will be caused by the proposed modification to the project, nor will the proposed modification increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Temecula Regional Hospital FEIR and FSEIR. D. The Addendum also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Addendum found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. E. Further, the Addendum analyzed whether new information exists that indicates that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in facts feasible. The Addendum found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. F. Because the Addendum finds no new 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 Planning Commission finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the proposed modification application. G. The City Council finds that the Addendum was prepared in compliance with CEQA. The City Council hereby certifies and approves the Addendum prepared for the proposed modification application. The City Council further finds that the conclusions reached in the Addendum represents the independent judgment of the City Council. H. The custodian of records for the FEIR, the SFEIR, and the Addendum for the modification application and all other materials, which constitute the record of proceedings upon which the City Council's decision is based, is the Planning Department of the City of Temecula. Those documents are available for public review in the Planning Department located at the Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula, California. I. All legal prerequisites to the approval of this Resolution have occurred. Section 4. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification Application, PA10-0194: A. Pursuant to California Environmental Quality Act ("CEQA) Section 15164, an Addendum to the FSEIR adopted in 2008 was prepared to assess the potential environmental effects of the approval of the Major Modification Application, as described in the FSEIR Addendum ("the Project"). B. The City Council has reviewed the FSEIR Addendum prior to and at the December 15, 2010 public hearing, and based on the whole record before it finds that: (1) the FSEIR Addendum was prepared in compliance with CEQA; (2) Based on the findings in the FSEIR Addendum there is no new information or change in circumstances that would indicate new and better mitigation is available to address the previously identified impacts, and the mitigation measures contained in the previously approved 2008 FSEIR and mitigation monitoring program adopted in 2008 remain applicable to the project as modified; and (3) The FSEIR Addendum reflects the independent judgment and analysis of the City Council. C. Pursuant to the California Environmental Quality Act ("CEQA), the City Council has considered the proposed Major Modification Application. The City Council has also reviewed and considered the Final Supplemental Environmental Impact Report ("FSEIR") for the Project, approved by the City Council as Planning Application No. PA07-0200 on January 22, 2008, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the City Council finds that the proposed Major Modification Application does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the City Council also finds that the proposed Major Modification Application does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Major Modification Application will have one or more significant effects not previously discussed in the FSEIR. All potential environmental impacts associated with the proposed Major Modification Application are adequately addressed by the prior FSEIR. An Addendum pursuant to Section15164 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is therefore the appropriate type of CEQA documentation for the Major Modification Application, and no additional environmental documentation is required. D. Based on the findings set forth in the Resolution, the City Council hereby adopts the FSEIR Addendum prepared for this project. Section 5. Conditions. The City Council of the City of Temecula hereby approves the Major Modification Application to a Development Plan (PA07-0200) for the Temecula Regional Hospital to change the phasing of the project, to modify the building facades of the hospital towers, to relocate the truck loading bays and service yard, and to relocate mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the northern portion of the hospital building on 35.3 acres generally located on 35.3 acres generally located on the north side of Temecula Parkway, approximately 800 feet west of Margarita Road, known as Assessor Parcel Numbers 959-080-001 thru 959-080-004 and 951-080-007 thru 951-080-010, as set forth in Planning Application No. PA10-0194, subject to the specific Conditions of Approval set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. Section 6. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , , 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 day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk TEMECULA REGIONAL HOSPITAL Addendum to the Final Supplemental Environmental Impact Report SCH# 2005031017 Prepared for City of Temecula December 2010 r ESA a mil * OPP 4 1 , warm . in iI 1111 .14: 1,riwareolx311.111:011: hill ain ,. se zranaleser: ir4 MI06 li pip , ' 1 ..a. :. ,..,,,,,,, " .. -.a i . , f v 4.6 ,i- 2-7 , _ fig , :11-;!..4 all 7, -,, • ......... ,,T. -....G.,......, 1 - ' — tavill . . k 1_,Zlis WI% 3 4,...---..0,4,,, , 1 or," S' ""'- v.11,64 1•11Pitiii (V` -," ' - --, , TEMECULA REGIONAL HOSPITAL Addendum to the Final Supplemental Environmental Impact Report SCH# 2005031017 Prepared for December 2010 City of Temecula 9191 Towne Centre Drive Suite 340 San Diego, CA 92122 858.638.0900 www.esassoc.com Los Angeles Oakland Olympia Palm Springs Petaluma Portland Sacramento San Francisco Seattle Tampa Woodland Hills 207434 TABLE OF CONTENTS Addendum to the Temecula Regional Hospital Final Supplemental Environmental Impact Report Page 1. Introduction 1-1 1.1 Findings of this Addendum 1-1 1.2 Contact Information 1-4 2. Project Description 2-1 2.1 Previously Approved Project 2-1 2.2 Revisions to the Approved Project 2-4 3. Environmental Impacts and Mitigation Measures 3-1 3.1 Hazards and Hazardous Materials 3-1 3.2 Noise 3-3 3.3 Traffic 3-5 4. Acronyms, Organizations and Persons Consulted 4-1 4.1 Acronyms 4-1 4.2 Organizations and Persons Consulted 4-4 5. References 5-1 Appendices A. SCS Engineers Letter Report A-1 B. City of Temecula Director of Public Works/City Engineer Memorandum B-1 List of Figures 2-1 Regional Location Map 2-3 2-2 Project Vicinity Map 2-4 2-3 Addendum Site Plan 2-6 2-4 2008 FSEIR Site Plan 2-7 List of Tables 2-1 Comparison of Previously Approved Phasing to this Addendum 3-1 Comparison of Existing Traffic Conditions 2-8 3-5 Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report ESA /D207434 0'1 December 2010 CHAPTER 1 Introduction 1.1 Findings of this Addendum Pursuant to CEQA and the State CEQA Guidelines, this Addendum has been prepared to determine whether the proposed changes to the project will result in new impacts or new information of substantial importance requiring the preparation of a subsequent or supplemental EIR. 1.1.1 Use of an Addendum to a Previously Certified EIR Section 15164(a) of the State CEQA Guidelines states that an Addendum to an EIR shall be prepared "if some changes or additions are necessary to the previously certified EIR, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." Section 15162 of the State CEQA Guidelines identifies the conditions that require preparation of a subsequent EIR. A proposed change in a project will require preparation of a subsequent EIR if: 1. The change in the project is substantial. Substantial changes in the project are those that would require major revision of the previous EIR due to the involvement of new significant environmental effects, or if a substantial increase in the severity of previously identified significant effects has occurred. 2. The circumstances under which the project is undertaken have substantially changed. Substantial changes in circumstances are those defined as those that would require major revisions of the previous EIR in order to describe and analyze new significant environmental effects, or any changes that would cause a substantial increase in the severity of the previously identified significant effects. 3. New information of substantial importance, which was not known and could have not been known, with the exercise of reasonable diligence at the time the previous EIR was certified, shows: A. The project will have one or more significant effects not discussed in the previous EIR; Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 1-1 ESA / D207434.01 December 2010 1. Introduction B. The significant effects previously examined will be substantially more severe than identified in the previous EIR; C. Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible, and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measures or alternatives; or D. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives. If none of the above conditions is met, the City may require preparation of an Addendum, or the City may decide that no further environmental documentation is necessary. This Addendum has evaluated each of the issues addressed in the previously approved 2008 FSEIR, as presented in Section 3.0 of this document. Based on this analysis and the information contained herein, the mitigation measures remain unchanged from the previously approved 2008 FSEIR. Comparison of the previously approved 2008 FSEIR with the revised project under Addendum, as described in Chapter 2 of this document, indicates that there are no new significant environmental impacts associated with implementation of the project under this Addendum and mitigation, as described in the previously approved 2008 FSEIR. This Addendum relies on use of an Environmental Checklist Form, as suggested in Section 15063 (d)(3) of the State CEQA Guidelines. The Checklist Form is used: • To evaluate whether there are any new or more severe significant environmental effects associated with implementation of the revised project under this Addendum and proposed amendments; and • To review whether there is new information or circumstances that would require preparation of additional environmental documentation in the form of a subsequent or supplemental EIR or if an Addendum is appropriate. Section 3.0 of this document contains the discussion summarizing the responses to the questions on the form covering required environmental issues. Section 15150 of the State CEQA Guidelines permits an environmental document to incorporate, by reference, other documents that provide relevant data. The documents outlined in this section are hereby incorporated by reference, and the pertinent material is summarized throughout this Addendum, where that information is relevant to the analysis of impacts of the project. Any document incorporated by reference is available for review at City of Temecula Planning Department. • Temecula Regional Hospital EIR (Original EIR) - State Clearinghouse [SCH] No. 2005031017, certified on January 24, 2006. Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 1-2 ESA / D207434.01 December 2010 1. Introduction — Technical reports and analyses are included therein. • Temecula Regional Hospital Final Supplemental Environmental Impact Report - Clearinghouse [SCH] No. 2005031017, certified on January 22, 2008. — Technical reports and analyses are included therein. 1.2 Contact Information The Lead Agency for this Addendum for the revised project is the City of Temecula. Any questions about the preparation of this Addendum, its assumptions, or its conclusions should be referred to the following: Stuart Fisk - Senior Planner City of Temecula - Planning Department 43200 Business Park Drive Temecula, CA 92589-9033 Stuart.Fisk@cityoftemecula.org (e-mail) 951.506.5159 (phone) 951.694.6477 (fax) Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 1-3 ESA / D207434.01 December 2010 CHAPTER 2 Project Description This chapter provides a description of the previously approved hospital project as described in the 2008 FSEIR and the changes to the previously approved project under this Addendum. 2.1 Previously Approved Project As part of the previously approved project described in the 2008 FSEIR, the applicant, Universal Health Services of Rancho Springs, Inc. (UHS), proposed to develop a 320 -bed hospital, two medical office buildings, a special cancer treatment facility, and a fitness rehabilitation center on 35.31 acres of land in the City of Temecula. Situated on the north side of Highway 79 South, south of De Portola Road and approximately 700 feet west of Margarita Road, the previously approved project would be located near areas of existing commercial and low density residential development. Construction of the previously approved project would last approximately 12 months. The total parking provided was 1,278 spaces, which exceeded the City's parking standards, which required 663 parking spaces. The City and Applicant Objectives have not changed under this Addendum from the previously approved City and Applicant Objectives under the 2008 FSEIR project. Please refer to Figure 2-1 for a map of the project's regional location and Figure 2-2 for a project vicinity map, neither of which have changed as part of this Addendum. Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 2-1 ESA / D207434.01 December 2010 �.� Temecula City Boundary SOURCE: County of Riverside, 2010 Addendum to the Temecula Hospital Supplemental EIR . 207434.01 Figure 2-1 Regional Location Map 0 300 Feet SOURCE: ESA, 2010. Addendum to the Temecula Hospital Supplemental EIR . 207434.01 Figure 2-2 Project Vicinity Map 2. Project Description 2.2 Revisions to the Previously Approved Project Figure 2-3 illustrates the newly revised site plan as part of this Addendum. For comparative purposes, Figure 2-4 displays the site plan from the previously approved 2008 FSEIR. The proposed changes to the project include the following: Truck Loading Area/Service Yard/Infrastructure Support • Under the 2008 FSEIR, a truck loading area and facilities plant was to be located at the eastern edge of the hospital building, south of the helipad. As detailed in the 2008 FSEIR, this area was intended to provide infrastructure needed to support the hospital, such as a loading dock, cooling tower, generators, transformers, a fuel tank, and a bulk oxygen storage area. Under this Addendum, the hospital building footprint has changed. As a result, these components, along with the truck loading area, have moved towards the north end of the hospital building on the eastern side of the hospital, just west of the helipad (location of 91 parking spaces under 2008 FSEIR site plan). This area would include a service yard and a tank farm enclosed by a 12 -foot -high wall. The previous loading area under the 2008 FSEIR site plan is now landscaping and future "B" building expansion area under this Addendum (see Figure 2-3). • The cooling towers have been removed from the project and replaced with rooftop package units. Underground fuel/oil storage has been relocated along with the generators and electrical transformer area to the northwest edge of the hospital building (see Figure 2-3). Hospital Building • The one-story hospital building footprint of the 2008 FSEIR has been reconfigured under this Addendum. The revised one-story hospital building extends development along a portion of the northwest corner of the institutional occupancy building footprint in comparison to the original design. The extended area is narrower than the previous design and includes areas for expansion. In addition, the revised design reduces the development footprint of the business occupancy building along the east edge adjacent to the Cancer Center and leaves another occupancy expansion area. A five -story bed tower rises from the single -story ancillary hospital building as compared to a six -story bed tower under the 2008 FSEIR (see Figure 2-3). The previously approved hospital building was a maximum of 106 feet in height at the rotunda and approximately 91 to 97 feet in height at the main body of the hospital towers. The proposed rotunda is reduced to 90 feet in height, and the main body of the hospital towers are reduced to 82.5 to 84 feet. Architectural changes to the hospital towers are also proposed as a result of these changes, including the elimination of some tiled roof areas and their replacement with vertical metal panels that incorporate spandrel glass "windows" and a secondary cornice line to create the appearance of an additional floor. The approximate total square footage build -out remains unchanged. Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 2-4 ESA / D207434.01 December 2010 2. Project Description • The ambulance drop-off area, previously located at the northwest edge of the hospital building footprint, has shifted just north of the passenger loading zone along the southwest edge of the hospital building under this Addendum (see Figure 2-3). Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 2-5 ESA / D207434.01 December 2010 111111�1111 i0/IIII111111111111 11 lllllilHIFIIlllil 11 • , t,4IL eN ' — . r�rr�rr�rra ySr �lBrlAgIPra IIMAri19i. -- - �!nvnnvnnvnn+:wn�nn�nn nnnnn,n.nvnry I. ,:, 111 11 111 MC $o0 LEGEND — — — PROPERTY UNE ACCESSIBLE PATH OF TRAVEL • FH FIRE HYDRANT •FDC FIRE DEPARTMENT CONNECTION • PLV POST INDICATOR VALVE 9 0E0 0 SOURCE: URS, 2010. TRANSFORMER, PER ELECTRICAL DRAWINGS FIRE LANE PROPOSED BUILDING EXTERIOR LIGHT FIXTURE, PER ELECTRICAL DRAWINGS ACCESSIBLE PARKING STALL, WHEEL STOP, SIGNAGE AND LOADING ZONE FIRE LANE TURNING RADIUS INSIDE DIAMETER: 21'-0" OUTSIDE DIAMETER: 45'-0' 7' Feet 400 Temecula Hospital Supplemental EIR . 207434 Figure 2-3 Addendum Site Plan s s PARKING CALCULATIONS * Source: C.O.T DEV. CODE, CH. 17.24; Table 17.24.040 1. 1 SPACE PER 20 REQUIRED PARKING (Source: C.O.T DEV. CODE, CH. 17.24.040.F) DE PORTOLA ROAD SPLITTRPIL FENCE II'i`il�w MIIrJeE _'q IIIJIIIIL ��IIIIIIIII HIIII 1 I 'PACES I PESI O I I 1411 01 1111111N11111A1111O1111M11111I 11111111111villlvlll(lllvlllvllllell.11llvlllf IIvII IIIIIIIII"I_-- =re m"' ' Illl Vl!-�'JIII�iIl�ll 'Imo - RANCHO PUEBLO R nn 1I+�III+�II T�Unn I '),I,l1Lll l � PHASE IA I l7 SPAWN, PHASE I lullllllllll IIID' �Ili= II N=JIIIIIIIIIIIIIIIIIIIIIIII I L. III II 1010!l9!9111!� A1100011.1111111 --4111111111111111111111111111111111"" IIIIr -_- IIIIIIIIIIIIIIIIIIIII ull; °lull � _ IIIII�MOBn IIII IIID-= °a°�°0°oRI�Es. . �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I ISI'(:" "�� \� III'IlI =111'111 III:III�= ='11[111 IIIIIIIIIIIIIIIIIIIIIIIiI �--, — PHASE PHASE IB �IIIIIIIIIIIIII�III-- III II II II II II IICI II II II II II III I III II I III II II II II III I III II 1I II II II II III II II "_- umnoulom =11111111111111111111111111111111111111111111111111111111111 IIIIIi!!IIII 'I 1111IIIIIIIICIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111 °Illlfffr'r ri ; _II010191',IIIIII4 Ir PIL.L'NL I sa SPACES MFRS PREMENT -STATE HIGHWAYrtROU 79 8 1;7\E\ STORAGE (APPROX. 3000 GAL) PHASING DESCRIPTION PHASE IA • SITE GRADING • MEDICAL OFFICE BUILDING 2 (MOB 2) • MOB 2 PARKING (APPROX. 300 SPACES) • MAIN ENTRY DRIVE PHASE IB • HOSPITAL/ 6 STORY BED TOWER • HOSPITAL PARKING PHASE II • HOSPITAL 5 STORY BED TOWER PHASE III • MEDICAL OFFICE BUILDING 1 (MOB 1) • MOB/ HOSPITAL CONNECTOR PHASE IV • CANCER CENTER • CANCER CENTER PARKING PHASE V • FITNESS CENTER • JOGGING TRAIL 0 400 SOURCE: HKS, 2007. Feet Temecula Hospital Supplemental EIR . 207434 Figure 2-4 2008 Final Supplemental Environmental Impact Report Site Plan AREA/ SIZE READ. SPACES PROVO. SPACES HOSPITAL '1 SPACE PER 3 BEDS 316 BEDS 106 644 HOSPITAL HANDICAPPED 501-1000 SPACES = 27 OF TOTAL 14 42 M.0.B.1 *1 SPACE PER 300 S.F. (LS AREA) 80,000 S.F. 267 250 M.O.B.1 HANDICAPPED 201-300 SPACES = 7 H.C. SPACES 7 16 M.O.B.2 *1 SPACE PER 300 S.F. (LS AREA) 60,00❑ S.F. 200 233 M.O.B. 2 HANDICAPPED 201-300 SPACES = 7 H.C. SPACES 7 10 CANCER CENTER =1 SPACE PER 200 S.F. (LS AREA) 10,000 S.F. 50 55 CANCER CENTER HANDICAPPED 26-50 SPACES = 2 H.C. SPACES 2 4 FITNESS CENTER '1 SPACE PER 200 S.F. (LS AREA) 8,000 S.F. 40 66 FITNESS CENTER HANDICAPPED 2010 OF REGULAR PARKING 10 10 TOTAL 663 1278 BICYCLE PARKING 34' 40 (3 RACKS) * Source: C.O.T DEV. CODE, CH. 17.24; Table 17.24.040 1. 1 SPACE PER 20 REQUIRED PARKING (Source: C.O.T DEV. CODE, CH. 17.24.040.F) DE PORTOLA ROAD SPLITTRPIL FENCE II'i`il�w MIIrJeE _'q IIIJIIIIL ��IIIIIIIII HIIII 1 I 'PACES I PESI O I I 1411 01 1111111N11111A1111O1111M11111I 11111111111villlvlll(lllvlllvllllell.11llvlllf IIvII IIIIIIIII"I_-- =re m"' ' Illl Vl!-�'JIII�iIl�ll 'Imo - RANCHO PUEBLO R nn 1I+�III+�II T�Unn I '),I,l1Lll l � PHASE IA I l7 SPAWN, PHASE I lullllllllll IIID' �Ili= II N=JIIIIIIIIIIIIIIIIIIIIIIII I L. III II 1010!l9!9111!� A1100011.1111111 --4111111111111111111111111111111111"" IIIIr -_- IIIIIIIIIIIIIIIIIIIII ull; °lull � _ IIIII�MOBn IIII IIID-= °a°�°0°oRI�Es. . �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I ISI'(:" "�� \� III'IlI =111'111 III:III�= ='11[111 IIIIIIIIIIIIIIIIIIIIIIIiI �--, — PHASE PHASE IB �IIIIIIIIIIIIII�III-- III II II II II II IICI II II II II II III I III II I III II II II II III I III II 1I II II II II III II II "_- umnoulom =11111111111111111111111111111111111111111111111111111111111 IIIIIi!!IIII 'I 1111IIIIIIIICIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111 °Illlfffr'r ri ; _II010191',IIIIII4 Ir PIL.L'NL I sa SPACES MFRS PREMENT -STATE HIGHWAYrtROU 79 8 1;7\E\ STORAGE (APPROX. 3000 GAL) PHASING DESCRIPTION PHASE IA • SITE GRADING • MEDICAL OFFICE BUILDING 2 (MOB 2) • MOB 2 PARKING (APPROX. 300 SPACES) • MAIN ENTRY DRIVE PHASE IB • HOSPITAL/ 6 STORY BED TOWER • HOSPITAL PARKING PHASE II • HOSPITAL 5 STORY BED TOWER PHASE III • MEDICAL OFFICE BUILDING 1 (MOB 1) • MOB/ HOSPITAL CONNECTOR PHASE IV • CANCER CENTER • CANCER CENTER PARKING PHASE V • FITNESS CENTER • JOGGING TRAIL 0 400 SOURCE: HKS, 2007. Feet Temecula Hospital Supplemental EIR . 207434 Figure 2-4 2008 Final Supplemental Environmental Impact Report Site Plan 2. Project Description Landscaping • The landscaped area adjacent to the northwest edge of the institutional occupancy building has been removed to allow for the new location of the generators, and electrical transformer (see Figure 2-3). • A landscaped area has replaced the 16 parking spaces located immediately south of the Cancer Center (see Figure 2-3). Construction/Phasing • Construction of the project under this Addendum would occur in six phases as opposed to five phases under the previously approved project. However, the order in which various project components would develop has been changed under this Addendum in comparison to the 2008 FSEIR as described below in Table 2-1. TABLE 2-1 COMPARISON OF PREVIOUSLY APPROVED PHASNG TO THIS ADDENDUM Phase Previously Approved Phasing The Proposed Phasing Phase IA Phase IB • Site Grading • Medical Office Building 2 (MOB 2) • MOB Parking (Approximately 300 spaces) • Main Entry Drive • Hospital/Six-Story Bed Tower • Hospital Parking Phase II • Hospital Five -Story Bed Tower Phase III • Medical Office Building 1 (MOB 1) • MOB/Hospital Connector Phase IV • Cancer Center • Cancer Center Parking Phase V • Fitness Center • Jogging Trail SOURCE: Universal Health Services, Inc., 2010 • Now referred to as Phase I • Site Grading • Main Entry Drive • Off-site Improvements • Hospital (140 Beds) 5 -Story Tower • Hospital Parking (434 Spaces) • Horse Trail • Temporary Water Retention Basin at Southeast Corner of Site, Removed in Phase III • Now referred to as Phase II • MOB1 • MOB 1 Parking (326 spaces) • Final Underground WQMP BMP Chambers at Southeast Corner of Site • Now referred to as Phase III • MOB2 • MOB 2 Parking (300 Spaces) • Now referred to as Phase IV • Hospital (180 Beds) 5 -Story Tower • Hospital Parking (128 Spaces) • Now referred to as Phase V • Cancer Center • Cancer Center Parking (50 Spaces) • Now referred to as Phase VI • Fitness Center • Fitness Center Parking (40 Spaces) • Jogging Trail Addendum to the Temecula Regional Hospital 2-8 Supplemental Environmental Impact Report ESA / D207434.01 December 2010 CHAPTER 3 Environmental Impacts and Mitigation Measures In many instances, there has been no change in the existing setting since 2008 when the FSEIR was prepared and certified. Further, changes have been minimal since the preparation and approval of 2008 FSEIR. In these instances, appropriate discussions from the 2008 FSEIR will be incorporated by reference into this Addendum. This discussion will be followed by evaluation of potential environmental impacts resulting from the proposed changes. Where there is insignificant or no change in potential impacts between this Addendum and the adopted 2008 FSEIR, the appropriate discussions from the 2008 FSEIR will be incorporated by reference. 3.1 Hazards and Hazardous Materials 3.1.1 Existing Conditions The information and data in the previously approved 2008 FSEIR and mitigation monitoring program adopted in 2008 regarding the presence of hazardous materials and other safety hazardous conditions remain unchanged since the FSEIR was certified. Refer to pages 3.1-1 through 3.1-11 of the FSEIR, which provides information and data related to the presence of hazardous materials and other safety hazards within and adjacent to the project site. In addition, please refer to the recent technical letter memo from SCS Engineers that further describes existing conditions on the site, dated November 19, 2010. A copy of this technical letter memo can be found in Appendix A of this Addendum document. Based on a review of the previous reports and assessment activities associated with the 2008 FSEIR, SCS Engineers conclude that: • The most recent groundwater monitoring data from the adjacent leaking underground storage tank (LUST) facilities does not indicate any change in impacts to the proposed project site from the off-site release from the time that impacts previously were analyzed in the 2008 FSEIR. The conclusion that there is no further change in impacts, and no increased risk of migration, is further supported by the fact that on May 30, 2008 the Regional Water Quality Control Board (RWQCB) issued a no further action (NFA) letter to the Shell service station, and on December 3, 2009 issued a NFA letter to the Chevron service station. Thus, the responsible governmental entity has determined that no further groundwater monitoring is required and no further remedial actions are necessary. Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 3-1 Preliminary — Subject to Re vision ESA / D207434.01 December 2010 3. Environmental Impacts and Mitigation Measures • There is a low likelihood of a significant health risk on the proposed project site. Because no volatile organic compounds (VOCs) or methyl tertiary butyl ether (MTBE) were detected in soil vapor sampling at the Hospital Site, it is SCS Engineer's opinion that there is a low likelihood of exposure to benzene or MTBE resulting from soil vapor migration and flux, and a low likelihood of related Significant human health risk. • There is a low likelihood that soil and groundwater impacts at the proposed project site, caused by an off-site source, would lead to an enforced remediation. The rationale for this judgment is based on the fact (assessed through a review of regulatory and historical resources) that known and reported releases and features of concern are not known to be present at the proposed project site (i.e., the proposed project site did not cause, contribute to, or exacerbate the impacted soil or groundwater). • In regards to hazards as listed in Section 3.1 of the Temecula Regional Hospital FSEIR, dated January 2008, the conclusions for the project are unchanged. As concluded, there has been no change in circumstances that would indicate an increase in the severity of the previously identified impacts since the data in the 2008 FSEIR. In addition, there is no new information concerning mitigation measures for these previously identified potential impacts. 3.1.2 Environmental Impacts The impact conclusions of the previously approved 2008 FSEIR and mitigation monitoring program adopted in 2008 regarding hazards and hazardous materials have been compared with the impacts of the previously described reconfigurations to the plan and changes to project phasing (see Chapter 2 of this Addendum) as detailed below: MTBE Plume • Potential that existing and/or previously unidentified contamination could be encountered during project site preparation and construction activities. The changes to the truck loading area/service yard/infrastructure support; hospital building; landscaping; and construction/phasing, as described in Chapter 2 of this Addendum, would not increase the potential that existing and/or previously unidentified contamination could be encountered during project site preparation and construction activities. There would be no new impacts as a result of the changes to the project as discussed in this Addendum. As described in the 2008 FSEIR, and confirmed by the technical letter memo submitted by SCS Engineers on November 19, 2010, the potential for contamination is likely to be localized around the off-site USTs and is unlikely to be present at the proposed hospital site (as evident by groundwater samples with no detectable concentrations of gasoline or its constituent components). Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 3-2 Preliminary — Subject to Re vision ESA / D207434.01 December 2010 3. Environmental Impacts and Mitigation Measures • Potential that hazardous materials could be released during the site preparation and construction activities. The changes to construction/phasing, as described in Chapter 2 of this Addendum, would not increase the likelihood that construction excavation and grading could expose construction workers, the public, or the physical environment to adverse health conditions due to the presence of hazardous materials such as gasoline constituents including MTBE and other VOCs. The potential for encountering these contaminants existing at the project site is still considered to be unlikely with the proposed changes. There will be no significant change in MTBE plume impacts as a result of this Addendum. Information and data from the previously approved 2008 FSEIR are incorporated by reference into this Addendum. Further discussions are not necessary. 3.1.3 Mitigation Measures There has been no new information or change in circumstances that would indicate new and better mitigation is available to address the previously identified impacts. The mitigation measures contained in the previously approved 2008 FSEIR and mitigation monitoring program adopted in 2008 remain applicable to the project as described in this Addendum. They will be implemented to minimize the previously described potential impacts related to hazards and hazardous materials. No new mitigation is required. 3.1.4 Level of Significance after Mitigation The impact of the proposed changes to the previously approved project, as described in this Addendum, are not considered significant due to the continued implementation of the mitigation measures identified in the previously approved 2008 FSEIR. Implementation of these mitigation measures ensures that project -specific and cumulative impacts will be reduced to less than significant levels. 3.2 Noise 3.2.1 Existing Conditions The information and data in the previously approved 2008 FSEIR and mitigation monitoring program adopted in 2008 regarding the existing ambient noise setting and environment remain unchanged since the FSEIR was certified (refer to pages 3.2-1 through 3.2-11 of the previously approved 2008 FSEIR). There is no new substantial information indicating that the severity of the impacts might have changed. The noise environment surrounding the project site is influenced primarily by traffic noise; as such, refer to Section 3.3 (Traffic) of this Addendum and the City of Temecula Director of Public Works/City Engineer Memorandum dated October 4, 2010. 3.2.2 Environmental Impacts The impact conclusions of the previously approved 2008 FSEIR regarding noise have been compared with the impacts of the previously described reconfigurations to the plan and changes to project phasing (Chapter 2 of this Addendum) as detailed below: Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 3-3 Preliminary — Subject to Revision ESA / D207434.01 December 2010 3. Environmental Impacts and Mitigation Measures Construction Noise • Development of the proposed project would result in temporary noise impacts during construction. The changes to the truck loading area/service yard/infrastructure support; hospital building; landscaping; and construction/phasing, as described in Chapter 2 of this Addendum, would not substantially change or increase temporary construction activity noise level impacts at and/or near the construction areas or increase construction -related material haul trips that would raise ambient noise levels along haul routes to a more severe level than those described in the previously approved 2008 FSEIR. There will be no significant change in construction noise impacts as a result of this Addendum. Information and data from the previously approved 2008 FSEIR are incorporated by reference into this Addendum. Further discussions are not necessary. Emergency Vehicle Sirens • Development of the proposed project would increase noise levels along local roadways, specifically ambulance siren noise. The changes to the truck loading area/service yard/infrastructure support; hospital building; landscaping; and construction/phasing, as detailed in Chapter 2 of this Addendum, would not increase the severity of noise levels along roadways, specifically ambulance siren noise that would cause additional significant environmental effects. Ambulance siren noise would increase CNEL by more than 3 dB under both this Addendum and the previously approved FSEIR. None of the effects referenced in the 2008 FSEIR related to noise levels along local roadways, specifically ambulance siren noise, would be substantially more severe as a result of changes to the previously approved project identified in this Addendum. There will be no significant change in siren noise impacts as a result of this Addendum. Information and data from the previously approved 2008 FSEIR are incorporated by reference into this Addendum. Further discussions are not necessary. 3.2.3 Mitigation Measures There has been no new information or change in circumstances that would indicate new and better noise mitigation is available. The mitigation measures contained in the previously approved 2008 FSEIR and mitigation monitoring program adopted in 2008 remain applicable to the proposed project as described in this Addendum. They shall be implemented to minimize the previously described potential impacts related to noise. Although the noise from ambulance sirens would be significant under this Addendum (similar to the previously approved FSEIR), there are no mitigation measures that can be placed on this type of noise. 3.2.4 Level of Significance after Mitigation Similar to the previously approved 2008 FSEIR, development of the project under this Addendum would still result in construction activities that would exceed the accepted ambient noise level of 65 dB by more than 3 dB in the nearest residences to the northwest of the project site and in some of the residences to the south. This would be a short-term significant impact on residents adjacent to the site. With implementation of mitigation measures in the previously approved 2008 FSEIR Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 3-4 Preliminary — Subject to Revision ESA / D207434.01 December 2010 3. Environmental Impacts and Mitigation Measures and mitigation monitoring program adopted in 2008, the construction noise levels under this Addendum would be reduced, but even with these mitigation measures the noise impact would be significant and unavoidable for the nearest homes to the northwest and south (similar to the previously approved 2008 FSEIR). As with the previously approved 2008 FSEIR, ambulance siren noise added to traffic noise generated by the project under this Addendum would be considered a significant impact. As noted in the 2008 FSEIR, the City does not regulate noise from ambulance sirens. Noise standards do not apply in emergency situations. Thus, although the noise from ambulance sirens would be significant, no mitigation measures can be placed on this type of noise. Impacts from noise for the proposed projects are significant and unavoidable. 3.3 Traffic The impact conclusions of the previously approved 2008 FSEIR regarding traffic have been compared with the impacts of the previously described reconfigurations to the plan and changes to project phasing (see Chapter 2 of this Addendum) as detailed below: 3.3.1 Existing Conditions There has been no significant change in the existing traffic counts and there is no new substantial information that would worsen the severity of the previously identified impacts since the data in the 2008 FSEIR. The City Traffic Engineering Division reviewed the traffic count data, collected in September 2005, and shown in the 2008 FSEIR (City of Temecula Director of Public Works/City Engineer Memorandum, November 12, 2010 — Appendix B). The September 2005 count data was compared with traffic count data collected for the City's Annual Traffic Count Program, July 2010, at the same study locations on Temecula Parkway, Margarita Road, and De Portola Road. The Average Daily Traffic (ADT) volumes and corresponding Level of Service (LOS) are shown in Table 3-1: TABLE 3-1 COMPARISON OF EXISTING TRAFFIC CONDITIONS Location Year 2005 Year 2010 Temecula Parkway west of Margarita Road Margarita Road north of Temecula Parkway De Portola Road west of Margarita Road Source: City of Temecula, 2010 38,700 (LOS "C") 38,200 (LOS "C") 23,500 (LOS "B") 24,000 (LOS "B") 7,000 (LOS "A') 7,500 (LOS "A") Although the data indicates there was a slight increase in traffic volumes (500 ADT) on Margarita Road and De Portola Road over a five (5) year period, it is not a significant increase since the capacity of the roadway remains unaffected. As shown, the LOS is maintained at LOS "C" or better, at all locations and the locations with the increases still perform at LOS "B" or better. Addendum to the Temecula Regional Hospital 3-5 ESA 1 D207434.01 Supplemental Environmental Impact Report December 2010 Preliminary — Subject to Re vision 3. Environmental Impacts and Mitigation Measures Since the approval of the 2008 FSEIR, Mitigation Measure 3.3-6: SR 79/Pechanga Parkway — (dual right -turn lanes) and Mitigation Measure 3.3-8: Pechanga Parkway South of SR 79 have been completed (identified as mitigation measures 3.3-6 and 3.3-8, respectively, in the FSEIR's Mitigation Monitoring and Reporting Program). The completion of these mitigation measures reduced the severity of the traffic impacts identified in the previously approved 2008 FSEIR. Outside of the implementation of these mitigation measures, there has been no significant change to the existing traffic information since the 2008 FSEIR was approved (refer to pages 3.3-1 through 3.3-11 of the 2008 FSEIR). 3.3.2 Environmental Impacts Direct Impacts The changes to the truck loading area/service yard/infrastructure support; hospital building; landscaping; and construction/phasing, as described in Chapter 2 of this Addendum, would not create additional significant direct traffic impacts outside those indentified in the previously approved 2008 FSEIR (noted below): • Segment of Highway 79 between Pechanga Parkway and Margarita Road • Highway 79/Country Glen Way None of the effects referenced in the 2008 FSEIR related to direct traffic impacts would be substantially more severe as a result of changes to the previously approved project identified in this Addendum. The proposed changes would not be increasing in square footage nor would there be any change to the approved land use; as such, the revised project's potential direct traffic impacts have been adequately addressed in the Traffic Impact Analysis prepared by Linscott, Law and Greenspan. Information and data from the previously approved 2008 FSEIR are incorporated by reference into this Addendum. Further discussions are not necessary. Cumulative Impacts (Intersections) The changes to the truck loading area/service yard/infrastructure support; hospital building; landscaping; and construction/phasing, as described in Chapter 2 of this Addendum, would not create additional significant cumulative intersection impacts outside those indentified in the previously approved 2008 FSEIR (noted below): • State Route 79 /I-15 Southbound Ramps • State Route 79 /I-15 Northbound Ramps • State Route 79 /La Paz Street • State Route 79 /Pechanga Parkway • State Route 79 /Jedediah Smith Rd; State Route 79 /Avenida De Missiones; State Route 79 /Country Glen Way; SR 79 /Redhawk Parkway /Margarita Road • State Route 79 /Avenida De Missiones • State Route 79 / Country Glen Way • State Route 79 /RedhawkParkway/ Margarita Road Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 3-6 Preliminary — Subject to Re vision ESA / D207434.01 December 2010 3. Environmental Impacts and Mitigation Measures None of the effects referenced in the 2008 FSEIR related to cumulative intersections would be substantially more severe as a result of changes to the previously approved project identified in this Addendum. The project, as revised under this Addendum, would not be increasing in square footage nor would there be any change to the approved land use; as such, the revised project's potential cumulative traffic impacts to intersections have been adequately addressed in the previously approved 2008 FSEIR. It should be noted that since the time of the approved 2008 FSEIR, the City Capital Improvements Projects entitled, "State Route 79 South to Pechanga Parkway — Dual Right -Turn Lanes" has added a second eastbound right -turn lane on State Route 79 at Pechanga Parkway. This improvement provides direct mitigation to the cumulative impact intersection located at State Route 79 / Pechanga Parkway. In addition, since the time of the approved 2008 FSEIR, the City Capital Improvements Projects for Fiscal Years 2007-2011 entitled, "Pechanga Parkway Improvements — Phase II" has been completed. This improvement provides direct mitigation to the cumulative impact intersections located at Pechanga Parkway south of State Route 79. Information and data from the previously approved 2008 FSEIR are incorporated by reference into this Addendum. Further discussions are not necessary. Cumulative Impacts (Segments) The changes to the truck loading area/service yard/infrastructure support; hospital building; landscaping; and construction/phasing, as described in Chapter 2 of this Addendum, would not create additional significant cumulative segment impacts outside those indentified in the previously approved 2008 FSEIR (noted below): • State Route 79 West ofI-15 • State Route 79 between 1-15 and Pechanga Parkway • State Route 79 between Pechanga Parkway and Margarita Road • State Route 79 between Margarita Road and Butterfield Stage Road • Pechanga Parkway south of SR 79 • Margarita Road from De Portola Road to Highway 79 • Redhawk Parkway South of Highway 79 None of the effects referenced in the 2008 FSEIR related to cumulative segments would be substantially more severe as a result of changes to the previously approved project identified in this Addendum. The project, as revised under this Addendum, would not be increasing in square footage nor would there be any change to the approved land use; as such, the revised project's potential cumulative traffic impacts to segments have been adequately addressed in the previously approved 2008 FSEIR. It should be noted that since the time of the approved 2008 FSEIR, the City Capital Improvements Project entitled, "State Route 79 South to Pechanga Parkway — Dual Right -Turn Lanes" has added a second eastbound right -turn lane on State Route 79 at Pechanga Parkway. This improvement also provides mitigation to the cumulative impact segment located at State Route 79 between I-15 and Pechanga Parkway. Information and data from the previously approved 2008 FSEIR are incorporated by reference into this Addendum. Further discussions are not necessary. Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 3-7 Preliminary — Subject to Revision ESA / D207434.01 December 2010 3. Environmental Impacts and Mitigation Measures 3.3.3 Mitigation Measures There has been no new information or change in circumstances that would indicate new and better traffic mitigation is available. The mitigation measures contained in the previously approved 2008 FSEIR and mitigation monitoring program adopted in 2008 remain applicable to the proposed project as described in this Addendum. They shall be implemented to minimize the previously described potential impacts related to traffic. 3.3.4 Level of Significance after Mitigation Similar to the previously approved 2008 FSEIR, development of the project with the proposed changes would still result in significant and unavoidable traffic impacts as identified in the previously approved document. Similar to the previously approved 2008 FSEIR, no additional mitigation measures, beyond those identified in the previously approved document, are feasible for the traffic -related impacts that would result from this Addendum due to the fact that upon completion of all identified mitigation measures, no additional regional circulation improvements can be accommodated within the existing right-of-way. Existing land use and development conditions preclude the ability to acquire additional right-of-way for additional circulation system improvements. Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 3-8 Preliminary — Subject to Revision ESA 1 D207434.01 December 2010 CHAPTER 4 Acronyms, Organizations and Persons Consulted 4.1 Acronyms µ.g1I, micrograms per liter ADT average daily trips ALUCP Airport Land Use Compatibility Plan ADA Americans with Disabilities Act ANSI American National Standards Institute AQMP Air Quality Management Plan ARB Air Resources Board AST above -ground storage tank bgs below ground surface BMP Best Management Practices BTEX benzene, toulene, ethylbenzene, total xylenes Caltrans California Department of Transportation CAPCOA California Air Pollution Control Officers Association CARB California Air Resources Board CCR California Code of Regulations CDFG California Department of Fish and Game City City of Temecula CEQA California Environmental Quality Act CoCo Constituents of Concern CH4 methane CIP Capital Improvement Program CNEL Community Noise Equivalent Level Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 4-1 ESA / D207434.01 December 2010 4. Acronyms, Organizations and Persons Consulted CO carbon monoxide CO2 carbon dioxide CO2e CO2 equivalents CPT Cone Penetration Test CUP Conditional Use Permit dB decibel dBA A -weighted decibels DIPE diisopropyl ether EPA U.S. Environmental Protection Agency DNL Day/Night Average Noise Level DOT U.S. Department of Transportation DTSC California Department of Toxic Substance Control EIR Environmental Impact Report ETBE ethyl tertiary butyl ether FHWA Federal Highway Administration FSEIR Final Supplemental Environmental Impact Report FTA Federal Transit Administration GHG greenhouse gas HWCL Hazardous Waste Control Law HWMP Hazardous Waste Management Plan Hz Hertz ICU Intersection Capacity Utilization ITE Institute of Transportation Engineers Leg energy -equivalent noise level Ldt, day -night average noise level LEED Leadership in Energy & Environmental Design LLG Linscott, Law, and Greenspan Engineers L,,, maximum noise level LOS level of service MOB medical office building MOU Memorandum of Understanding Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 4-2 ESA / D207434.01 December 2010 4. Acronyms, Organizations and Persons Consulted MS4 Municipal Separate Storm Sewer System MTBE Methyl tertiary butyl ether N20 nitrous oxide NAHC Native American Heritage Commission NOP Notice of Preparation NOX Nitrogen Oxides NPDES National Pollution Discharge Elimination System NPL USEPA's National Priorities List OPR Office of Planning and Research PFCs perfluorocarbons RCFCWCD Riverside County Flood Control and Water Conservation District RCTC Riverside County Transportation Commission ROG Reactive Organic Gases RWQCB Regional Water Quality Board SB south bound SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SEIR Supplemental Environmental Impact Report SENEL Single Event Noise Exposure Level SF6 sulfur hexaflouride SPCC Spill Prevention, Control, and Countermeasure SEIR Supplemental Environmental Impact Report TAME tertiary amyl methyl ether TBA tertiary butyl alcohol TPHg total petroleum hydrocarbons as gasoline TSCA Toxic Substances Control Act TUMF Transportation Uniform Mitigation Fees UHS Universal Health Services of Rancho Springs, Inc. UST underground storage tank v/c volume -to -capacity VMT vehicle miles traveled Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 4-3 ESA / D207434.01 December 2010 4. Acronyms, Organizations and Persons Consulted VOC volatile organic compounds 4.2 Organizations and Persons Consulted This section identifies those persons who prepared or contributed to preparation of this document. This section is prepared in accordance with Section 15129 of the CEQA Guidelines. Lead Agency — City of Temecula Patrick Richardson, Director of Planning and Redevelopment Stuart Fisk, Senior Planner Jerry Gonzalez, Associate Engineer -Traffic Project Applicant Universal Health Services, Inc. (Applicant) Linda Bradley Scott Crane Tim Rielly Consultants to the Lead Agency SCS Engineers (Subsurface/Groundwater Investigations) Tom Wright, Project Professional/Geologist LINSCOTT, LAW & GREENSPAN, ENGINEERS (Traffic Engineers) John Boarman, Principal Narasimha. Prasad, Senior Transportation Engineer Wieland Associates (Noise Consultant) David Wieland, Vice President, Principal Consultant Jonathan Higginson, Senior Consultant Environmental Science Associates (SEIR Preparers) Eric Ruby, Project Director Christopher Knopp, Project Manager Jason Nielsen, Graphic Artist Gus JaFolla, Word Processor Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 4-4 ESA / D207434.01 December 2010 CHAPTER 5 References California Air Pollution Control Officers Association (CAPCOA), 2008. CEQA and Climate Change: Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act. California Air Resources Board, August 29, 2007b. Mandatory Reporting of California greenhouse gas Emissions, Presentation at Cal/EPA Headquarters. California Air Resources Board, October 2008. Climate Change Draft Scoping Plan, a framework for change. California Air Resources Board, October 2008. Preliminary Draft Staff Proposal on Recommended Approaches for setting Interim Significance Thresholds for Greenhouse Gases under the California Environmental Quality Act. California Air Resources Board, September 2007a. Draft List of Early Action Measures To Reduce Greenhouse Gas Emissions In California Recommended For Board Consideration. California Code of Regulations, Title 21 Section 3527, Airport and Heliport Definitions. California Department of Transportation. California Scenic Highway Mapping System. http://www.dot.ca.gov/hq/LandArchlscenic_highways, August 11, 2005. City of Temecula Director of Public Works/City Engineer Memorandum — Temecula Regional Hospital Addendum to the Final Supplemental Environmental Impact Report, November 12, 2010 City of Temecula General Plan, adopted April 2005. City of Temecula, Municipal Code. County of Riverside General Plan, October, 2003. Cunniff, P.F., Environmental Noise Pollution, 1977. Federal Aviation Administration. Noise Measurement Flight Test: Data/Analyses, Bell 222 Twin Jet Helicopter, February 1984. Fields, James M. and Powell, Clemans A. Community Reactions to Helicopter Noise: Results from an Experimental Study. April 15, 1987. Final Environmental Impact Report, Temecula General Plan Update (SCH #2003061041), Certified April 12, 2005. Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 5-1 ESA / D207434.01 December 2010 7. References Harris, Miller, Miller and Hanson, Inc. Transit Noise and Vibration Assessment. April 1995. Institute of Transportation Engineers. Trip Generation, Seventh Edition. 2003. Linscott Law & Greenspan, Traffic Impact Analysis Temecula Hospital, October 2007. Personal Communication, David Prusha, HKS Inc. — Project Architects and Engineers. September 22, 2005. San Diego Association of Governments (SANDAG), Brief Guide of Vehicular Traffic Generation Rates, April 2002. SCS Engineers, Letter Report of Soil Vapor Survey (Survey) and Limited Human Health Risk Assessment (Assessment), October 2007. SCS Engineers, Limited Regulatory File Review Proposed Inland Valley Medical CenterAPNs 959-080-001, -002, -003, -004, -007, -008, -009, and -010 Temecula, California, November 19, 2010. U.S. Environmental Protection Agency, Methyl Tertiary Butyl Ether (MTBE), http://www.epa.gov/mtbe/water.htm, March 2006. U.S. Environmental Protection Agency, Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances, 1971. Wieland Associates, Inc., Supplemental Noise Study for the Temecula Regional Hospital in Temecula, October 2007. Addendum to the Temecula Regional Hospital Supplemental Environmental Impact Report 5-2 ESA 10207434.01 December2010 Appendix A SCS Engineers Letter Report SCS ENGINEERS Limited Regulatory File Review Proposed Inland Valley Medical Center Assessor's Parcel Numbers (APNs) 959- 080-001, -002, -003, -004, -007, -008, - 009, and -010 Temecula, California Presented to: CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 Presented by: SCS ENGINEERS 8799 Balboa Avenue, Suite 290 San Diego, California 92123 (858) 571 -5500 December 1, 2010 Project No. 01207522.00 Offices Nationwide www.scsengineers.com City of Temecula SCS ENGINEERS December 1, 2010 Project No. 01207522.00 Mr. Stuart Fisk City of Temecula 43200 Business Park Drive Temecula, CA 92590 Subject: Limited Regulatory File Review (Review) Hospital Site: Proposed Inland Valley Medical Center Assessor's Parcel Numbers (APNs) 959959-080-001, -002, -003, -004, -007, -008, -009, and -010 Temecula, California Dear Mr. Fisk: SCS Engineers (SCS) is pleased to present this Review of three leaking underground storage tank (LUST) sites in the Hospital Site vicinity. This report summarizes the results of the Review that was conducted to evaluate specific environmental conditions at the Hospital Site. The work described in the Review was performed by SCS in general accordance with Exhibit 01 to the consulting Agreement (Contract) between SCS and the City of Temecula (Client). Limited Regulatory File Review City of Temecula SCS ENGINEERS Should you have any questions regarding this Review, please do not hesitate to call the undersigned at (858) 571-5500. Sincerely, Tom Wright, P.G. 7972 Project Professional SCS ENGINEERS Chuck Pryatel Vice President SCS ENGINEERS TW F:\Projects\207\500-550\01207522.00 (City of Temecula)\01207522 00 Flle Review_final.docx Limited Regulatory File Review City of Temecula SCS ENGINEERS Table of Contents Section Page 1 Background 1 2 Objective 1 3 Scope of Services 1 4 Regulatory File Review 1 Known, Reported, or Suspected Releases within the Hospital Site Vicinity 1 Chevron Service Station #204029, 31669 Highway 79 South, Temecula, California .1 Shell Service Station, 44260 Temecula Parkway, Temecula, California 3 Additional Site Assessment- Shell Service Station 4 Arco Service Station #5695, 44239 Margarita Parkway, Temecula, California 5 Previous SCS Environmental Investigations 7 Soil Vapor Survey 7 Groundwater Sampling 8 5 Discussion 6 Conclusions 10 7 Recommendations 11 8 Report Usage And Future Conditions 12 9 Likelihood Statements 13 9 List of Figures 1 4 -Way Site Location 2 Soil Vapor Sampling Locations with Analytical Results 3 Groundwater Sampling Locations with Analytical Results Limited Regulatory iii File Review City of Temecula SCS ENGINEERS 1 BACKGROUND Based on our conversations and a review of Client -provided documents, we understand that the Hospital Site consists of approximately 35.31 acres of land in Temecula, California (Figure 1). The Hospital Site is currently undeveloped land (APNs 959-080-001, -002, -003, -004, -007, -008, -009, and -010) and is proposed to be developed into facilities for the Inland Valley Medical Center. We understand that the Hospital Site improvements will consist of slab -on - grade medical offices and support buildings, as well as a two -tower 320 -bed hospital and related physical plant, parking and hardscape/landscape improvements. It is our understanding that below grade improvements are not currently planned. We also understand that potable water will be supplied by others and that no on-site groundwater production wells are planned. 2 OBJECTIVE The objective of the proposed scope of services is to assess the current status, conditions, and progress of the investigation, migration, and remediation of constituents of concern (CoCs) from leaking underground storage tank (LUST) cases in the site vicinity. 3 SCOPE OF SERVICES The scope of services designed and conducted to meet the objective was as follows: • Regulatory File Review for the adjacent LUST cases • Data Evaluation and Report Preparation 4 REGULATORY FILE REVIEW KNOWN, REPORTED, OR SUSPECTED RELEASES WITHIN THE HOSPITAL SITE VICINITY Chevron Service Station #204029, 31669 Highway 79 South, Temecula, California The above -referenced Chevron Service Station is located approximately 200 feet southeast of the Hospital Site (Figures 2 and 3). The first quarter 2009 quarterly groundwater monitoring report and historical Chevron assessment report were reviewed and included both groundwater gradient and analytical data. The Chevron Service Station has six groundwater monitoring wells that are all located on the property. Groundwater monitoring has been on-going since at least August 2001 and methyl tertiary butyl ether (MTBE) has been reported in all the wells at some point between August 2001 and January 2007. MTBE and tertiary butyl alcohol (TBA) have been reported at maximum concentrations of 1,400 micrograms per liter (µg/L) and 420 µg/L, respectively. The latest report available for the Chevron Service Station was for the first quarter 2009. Based upon this report, the groundwater gradient was reported to be to the west to northwest and groundwater was reported to range between 21.88 and 24.660 feet below ground surface (bgs). Limited Regulatory 1 File Review City of Temecula SCS ENGINEERS Based on the historical data and reported groundwater flow direction and groundwater sample analytical results, MTBE impacted groundwater likely migrated towards the Hospital Site. The following table summarizes the most recently reported concentrations of the target CoCs and depth to groundwater for each well at the Chevron Service Station. MTBE concentrations have not been reported above the maximum contaminant limits (MCLs)1 in the Chevron Service Station monitoring wells since April 2006 (MW -5). Please note that based on the data we have reviewed, benzene has not been detected in the wells this facility during remedial sampling activities. Table 1 Groundwater Analytical Results Summary Chevron Service Station #204029 Monitoring Well Number Distance and Direction from Hospital Site Sampling Date Depth to Groundwater (feet) TPHg (pg/L) MTBE (Pg/L) TAME (pg/L) ETBE (pg/L) TBA (Pg/L) MW -1 300 feet southeast Oct 2008 25.87 <50 4 <2 <2 <10 Jan 2009 24.09 <50 2 <2 <2 <10 MW -2 360 feet southeast Oct 2008 23.79 <50 <2 <2 <2 <10 Jan 2009 21.88 <50 <2 <2 <2 <10 MW -3 200 feet southeast Oct 2008 26.27 <50 <2 <2 <2 <10 Jan 2009 24.37 <50 <2 <2 <2 <10 MW -4 320 feet southeast Oct 2008 25.31 <50 <2 <2 <2 <10 Jan 2009 23.39 <50 <2 <2 <2 <10 MW -5 255 feet southeast Oct 2008 26.53 <50 <2 <2 <2 <10 Jan 2009 24.66 <50 <2 <2 <2 <10 MW -6 250 feet southeast Oct 2008 25.57 <50 <2 <2 <2 <10 Jan 2009 23.72 <50 <2 <2 <2 <10 TPHg =Total petroleum hydrocarbons as gasoline. MTBE = methyl tertiary butyl ether. DIPE = di -isopropyl ether. TAME = tertiary amyl methyl ether. ETBE = ethyl tertiary butyl ether. TBA = tertiary butyl alcohol. Groundwater samples analyzed via EPA Method 8260B. Approximate distance and direction from Hospital Site. Wells located downgradient from Chevron Service Station. µg/L = micrograms per liter. < = Indicates that the reported concentration was below the method reporting limit for the relevant analyte for the relevant analytical method. In a letter dated December 3, 2009, the San Diego Regional Water Quality Control Board (RWQCB) issued a no further action (NFA) letter for the Chevron service station. Groundwater monitoring has ceased and no further remedial actions are planned to mitigate the previous release from the USTs. Maximum contaminant levels taken from Title 22 California Code of Regulations California Safe Drinking Water Act & Related Laws and Regulations, September 2009. Limited Regulatory 2 File Review City of Temecula SCS ENGINEERS Shell Service Station, 44260 Temecula Parkway, Temecula, California The above -referenced Shell Service Station is located approximately 840 feet east-southeast of the Hospital Site (Figures 2 and 3). In September 2001, five groundwater monitoring wells were installed at the Shell Service Station to investigate possible impacts to soil and groundwater by on-site USTs. MTBE was detected in soil and groundwater samples collected during the September 2001 assessment. Additional assessment activities in 2002, 2003, and 2004 resulted in the installation of an additional thirty-two groundwater monitoring wells and the completion of thirty-five cone penetration test (CPT) locations at downgradient locations. Groundwater samples collected from the monitoring wells were reported to contain concentrations of MTBE, TBA, tertiary amyl methyl ether (TAME), and ethyl tertiary butyl ether (ETBE). Quarterly groundwater monitoring and sampling was conducted at the Shell Service Station between 2001 and 2008. MTBE and TBA had been reported at maximum concentrations of 17,000 µg/L and 3,000 µg/L, respectively, from groundwater samples collected from monitoring wells (MW -7A) located at the Shell Service Station. Remedial action in the form of groundwater extraction was conducted between May 2002 and June 2003 using a vacuum truck, which extracted a reported 1.6 million gallons of groundwater containing dissolved -phase petroleum hydrocarbons from the facility. Between May 2003 and November 2004, three groundwater extraction wells and two groundwater injection wells were installed west of the Shell Service Station as a groundwater remediation system to capture and treat petroleum hydrocarbons migrating in the groundwater from the facility. The groundwater remediation system was in use at the Shell Service Station from July 2004 to August 2006. As of April 2007, the groundwater remediation system is offline pending evaluation of the rebound of the CoCs. The last quarterly groundwater sampling event conducted at the Shell Service Station was during first quarter 2008 (January 2008). Groundwater was reported to flow to the west and groundwater depth was reported to be approximately 22 feet bgs. The following table summarizes the recently reported concentration of the target constituents, approximate distance and direction to the Hospital Site, and depth to groundwater for each monitoring well in the immediate vicinity of the Hospital Site. Limited Regulatory 3 File Review City of Temecula SCS ENGINEERS Table 2 FIRST QUARTER 2009 GROUNDWATER ANALYTICAL RESULTS SUMMARY SHELL SERVICE STATION Well Number Distance and Direction from Hospital Site Depth to Groundwater (feet) TPHgMTBE WA)WA)WA)WA)WA) TAME ETBE TBA MW -22A 140 feet southeast 22.55 <50 <1 <2.0 <2.0 <10 MW -23A 130 feet south 22.31 <50 3.7 <2.0 <2.0 <10 MW -24A 10 feet south 22.09 <50 1.3 <2.0 <2.0 <10 MW -25A 90 feet southeast 22.78 <50 <1.0 <2.0 <2.0 <10 Notes- TPHg =Total petroleum hydrocarbons as gasoline. MTBE = methyl tertiary butyl ether. DIPE = di -isopropyl ether. TAME = tertiary amyl methyl ether. ETBE = ethyl tertiary butyl ether. TBA = tertiary butyl alcohol. Groundwater samples analyzed via EPA Method 8260B. Approximate distance and direction from Hospital Site. Wells located downgradient from Shell Service Station. pg/L = micrograms per liter. < = Indicates that the reported concentration was below the method reporting limit for the relevant analyte for the relevant analytical method. Based on the reported groundwater gradient in the shallow groundwater regime and groundwater sample analytical results from the Shell service station, SCS considered there to be a likelihood2 that MTBE impacted groundwater had potentially migrated onto the Hospital Site. However, MTBE was not detected in a groundwater sample collected in January 2006 from soil boring B 10 (Figure 3) at the Hospital Site, downgradient from the Shell Service Station. In a letter dated May 30, 2008, the RWQCB issued a NFA letter for the Shell service station. Groundwater monitoring has ceased and no further remedial actions on- or off -Site are being directed by the regulatory agency due to the previous release from the USTs. Additional Site Assessment- Shell Service Station In January and February 2005, Miller Brooks3 completed eleven CPT borings on the proposed Hospital Site. Forty groundwater samples were collected and reportedly analyzed for TPHg, benzene, toluene, ethylbenzene, total xylenes (BTEX), MTBE, and other fuel oxygenates. No concentrations of TPHg, benzene, ethylbenzene, TBA, TAME, ETBE, or DIPE were reported above the laboratory reporting limits. Toluene was reported at concentrations ranging from 0.53 2 3 Letter Report of Soil Vapor Survey and Limited Human Health Risk Assessment, Proposed Inland Valley Medical Center, SCS Engineers, October 27, 2007. Summary of Additional Site Assessment Activities, Shell Service Station (Formerly Texaco Branded), 44620 Redhawk Parkway, Temecula, California, Case Number R9-2002-0340, Miller Brooks Environmental 2005. Limited Regulatory 4 File Review City of Temecula SCS ENGINEERS µg/L to 1.1 pg/L. Total xylenes were reported at concentrations ranging from 1.1 pg/L to 2.22 µg/L. Fourteen of the forty samples collected were reported to contain concentrations of MTBE above the laboratory reporting limits and concentrations ranged from 1.1 µg/L to 77 pg/L. The highest reported concentration of MTBE (77 pg/L) in groundwater was reported in location CPT - 50, at a depth of 33 feet bgs, which is located along the north side of Highway 79 South. The above -referenced assessment report, prepared by Miller Brooks (August 2005), concluded the following information in connection with the CPT sampling: • "there does not appear to be the discrete water -bearing zones (upper [20 feet to 26 feet bgs], intermediate [30 feet to 75 feet bgs], and deeper [deeper than 75 feet bgs]) as previously observed in CPT profiling conducted on the Vail Ranch Shopping Center and Redhawk Parkway. • "PPD (pore pressure dissipation) tests from these four CPTs (CPT -46, CPT -47, CPT -49, and CPT -53) indicated that the depth to groundwater ranged from approximately 8 to 18 feet bgs, however, no groundwater was encountered at these depths during groundwater sampling activities." Based on the reported groundwater sample analytical data and gradient from the above referenced report, SCS interprets that MTBE impacted groundwater may have migrated onto the southern edge of the Hospital Site. Arco Service Station #5695, 44239 Margarita Parkway, Temecula, California Arco Service Station #5695 is located approximately 240 feet east of the Hospital Site (Figure 2 and 3). Delta Environmental (Delta) collected 28 soil samples in June 2000 during a dispenser upgrade at the Arco Service Station. The soil samples were reported to contain concentrations of TPHg, benzene, toluene, ethylbenzene, total xylenes, and MTBE. The soil samples were reported to contain concentration ranges as follows: TPHg (1.1 to 1,300 mg/kg), benzene (1.3 mg/kg), toluene (0.012 to 20 mg/kg), ethylbenzene (0.014 to 47 mg/kg), total xylenes (0.029 to 105 mg/kg), and MTBE (0.011 to 43 mg/kg). In January 2001, Secor International Incorporated (Secor) installed three monitoring wells (MW 1, MW2, and MW3) at the Arco Service Station. Soil samples collected during the installation of the wells were reported to contain concentrations of MTBE above the laboratory reporting limit. Groundwater samples collected from three wells all were reported to contain MTBE concentrations above the laboratory reporting limits. In February 2001, Secor advanced six CPT borings (CPT -1 though CPT -6) at the Arco Service Station, and soil and groundwater samples were collected and tested for TPHg, BTEX, and MTBE, ETBE, TAME, TBA, and DIPE. MTBE was reported to be above the laboratory reporting limit in soil samples collected from two of the six CPT locations and was reported in groundwater samples collected from all CPT locations. TBA was also reported in one groundwater sample collected from the CPT locations. Limited Regulatory 5 File Review City of Temecula SCS ENGINEERS Between April 2001 through February 2003, Secor completed thirteen additional CPT borings (CPT -7 though CPT -17, CPT -18, and CPT -19) and installed eleven groundwater monitoring wells (MW4 through MW 14). Groundwater samples collected from monitoring wells MW 1, MW2, MW3, MW5, MW6, MW7, MW8, and MW9 have been reported to have concentrations of MTBE above the laboratory reporting limit at some period since quarterly monitoring began at the Arco Service Station. In November 2002, a remediation system was installed which consisted of groundwater extraction pumps. Groundwater collected from the remediation system was stored in Baker tanks though June 2003, and the groundwater was disposed of off-site. In June 2003, three groundwater injection wells (IW -1, IW -2, and IW -3) were installed along Dartolo Road, which abuts the eastern edge of the Hospital Site. The groundwater remediation via extraction was conducted from 2003 through September 2007. Groundwater pumped from the Arco Service Station remediation system was treated and then reinjected into the subsurface using the three groundwater injection wells. The groundwater extraction system was shut down in September 2007 due to low hydrocarbons levels. As of the second quarter 2010, the Arco Service Station has a monitoring well network consisting of fourteen groundwater monitoring wells. Three groundwater monitoring wells (MW -10S -A, MW -10S -B, and MW -10D) were destroyed in December 2006 to accommodate construction on the property to the north. MW -10S -A and MW -10S -B were reinstalled in March 2008. Groundwater monitoring has been on-going since February 2001, and MTBE has been detected up to concentrations of 1,900 µg/L (MW -6). During the second quarter 2010 groundwater was reported to flow to the west-northwest and groundwater was reported to range between 22.51 and 24.39 feet bgs in the shallow aquifer zone. Based on the reported groundwater flow direction and groundwater sample analytical results, MTBE impacted groundwater is likely to have migrated towards the Hospital Site. However, MTBE was not detected in a groundwater sample collected from in January 2006 soil boring B 10 (Figure 3) at the Hospital Site, downgradient from the Arco Service Station. The following table summarizes the most recently reported concentrations of the target constituents, approximate distance and direction to the Hospital Site, and depth to groundwater for each monitoring well in the immediate vicinity of the Hospital Site. Limited Regulatory 6 File Review City of Temecula SCS ENGINEERS Table 3 GROUNDWATER ANALYTICAL RESULTS SUMMARY ARCO #5695 SERVICE STATION Monitoring Well Number Distance and Direction from Hospital Site Depth to Groundwater (feet) TPHg (pg/L) MTBE (pg/L) TAME (pg/L) ETBE (pg/L) TBA (pg/L) MW -1 305 feet east <50 9.6 <2 <2 14 MW -2 325 feet east <50 <1 <5 <5 <25 MW -3 330 feet east <50 0.63 <5 <5 <25 MW -4 340 feet east <50 0.45 <5 <5 <25 MW -5 350 feet east <50 <1 <5 <5 <25 MW -6 315 feet east <50 2.9 <5 <5 <25 MW -7 370 feet east <50 0.32 <5 <5 <25 MW -8 270 feet east <50 <1 <5 <5 <25 MW -9 225 feet east <50 <1 <5 <5 <25 MW -1 1 340 feet east <50 <1 <5 <5 <25 MW -12 230 feet east <50 <1 <5 <5 <25 MW -13 250 feet east <50 <1 <5 <5 <25 MW -14 200 feet east <50 <1 <5 <5 <25 Notes. TPHg =Total petroleum hydrocarbons as gasoline. MTBE = methyl tertiary butyl ether. DIPE = di -isopropyl ether. TAME = tertiary amyl methyl ether. ETBE = ethyl tertiary butyl ether. TBA = tertiary butyl alcohol. Samples collected by Delta Environmental on January 31, 2007. Groundwater samples analyzed via EPA Method 8260B. Approximate distance and direction from Hospital Site. µg/L = micrograms per liter. < = Indicates that the reported concentration was below the method reporting limit for the relevant analyte for the relevant analytical method. PREVIOUS SCS ENVIRONMENTAL INVESTIGATIONS Soil Vapor Survey In January 2006, a soil vapor survey was performed at the Hospital Site in order to assess the possible presence and concentration of BTEX and MTBE in the shallow subsurface soil vapor in the vicinity of the footprint of the proposed buildings. Soil vapor samples were collected from 7 locations within the footprint of the proposed buildings (SV1 through SV6, and SV8). Three additional locations (SV7, SV9, and SV 10) were located in the southwest portion of the Site in an attempt to intercept the offsite MTBE groundwater plume that was thought to have been intruding onto the Site. Samples collected from SV1 through S V 10 were reported to have no detectable concentrations of BTEX or MTBE above laboratory reporting limits. The locations and sample results of the soil vapor samples are shown in Figure 2. In July 2007 and August 2008, soil vapor samples (SG1 through SG14) were collected at the Hospital Site in locations of the footprint of the proposed Hospital Site buildings and locations to intercept the offsite MTBE groundwater plume that may have been migrating onto the Hospital Limited Regulatory 7 File Review City of Temecula SCS ENGINEERS Site. Soil vapor samples collected from SG1 through SG14 were reported to have no detectable concentrations of BTEX or MTBE above laboratory reporting limits (Figure 2). Groundwater Sampling In July 2006, SCS personnel mobilized to the Hospital Site and advanced ten groundwater sampling locations at the proposed Hospital Site buildings. The locations of the soil borings were co -located with the soil vapor sampling locations in the vicinity of the footprint of the proposed buildings at the Hospital Site (B1 through B6, and B8). Locations B7, B9, and B10 were drilled in locations in the southwest portion of the Hospital Site in an attempt to intercept the offsite MTBE groundwater plume that may be intruding onto the Hospital Site. The groundwater samples from each boring were collected using a Hydropunch sampler. The sampler was driven into the first encountered water -bearing zone and an in-situ groundwater sample was collected and placed in a laboratory -supplied container provided by the laboratory. Groundwater samples collected were submitted to a on-site state -accredited mobile laboratory, and were analyzed in general accordance with EPA Method 8260B for BTEX and MTBE. The locations of the groundwater samples are shown in Figure 3 and the analytical results are summarized in the following table. Table 4 Hydropunch® Groundwater Sample Analytical Results Sample Number Benzene (1.1g/L) Toluene (lig/L)(14/1.) BEthyl- enzene Total Xylenes (�1g/L) MTBE (pg/L) B 1 <0.5 <0.5 <0.5 <1 .5 < 1.0 B2 <0.5 <0.5 <0.5 <1.5 <1.0 B3 <0.5 <0.5 <0.5 <1.5 <1.0 B4 <0.5 <0.5 <0.5 <1.5 <1.0 B5 <0.5 <0.5 <0.5 <1.5 <1.0 B6 <0.5 <0.5 <0.5 <1.5 <1.0 B7 <0.5 <0.5 <0.5 <1.5 <1.0 B8 <0.5 <0.5 <0.5 <1.5 <1.0 39 <0.5 <0.5 <0.5 <1.5 <1.0 B10 <0.5 <0.5 <0.5 <1.5 <1.0 Notes: Samples collected by SCS on January 3, 2005. <1 = Not reported at concentrations greater than the indicated laboratory reporting limit. BTEX = Benzene, toluene, ethylbenzene, and total xylenes. MTBE = Methyl tertiary butyl ether. BTEX and MTBE analyzed in general accordance with EPA Method 8260B. µg/L = micrograms per liter. Limited Regulatory 8 File Review City of Temecula SCS ENGINEERS 5 DISCUSSION MTBE concentrations in the monitoring wells in the Hospital Site vicinity have decreased steadily since the previous environmental Site assessments conducted on the Hospital Site and adjacent LUST facilities. Two of the LUST facilities (Shell and Arco) have been issued NFA letters from the RWQCB. The issuance of NFA letters does not, precluded there from being off-site impacts that could potentially impact the Hospital Site. Based upon the soil vapor and groundwater sampling previously conducted by SCS at the Hospital Site detailed in Survey and Limited Human Health Risk Assessment, dated October 25, 2007, SCS concluded: • Volatile organic compounds (VOCs) and methyl tertiary butyl ether (MTBE) were not reported to be present at detectable concentrations in the eleven multi -depth soil vapor sampling probes beneath the footprint of the proposed Site buildings across three sampling events. • Because no VOCs or MTBE were detected, it is our opinion that there is a low likelihood of exposure to benzene or MTBE resulting from soil vapor migration and flux and a very low likelihood of related significant4 human health risk. Coupled with the multi -event soil vapor sampling and on -Site groundwater sampling and the reported reduction in MTBE concentrations in the monitoring wells adjacent to the Hospital Site, it is SCS' opinion that there is a low likelihood that dissolved phase MTBE that has historically migrated onto the Hospital Site would pose a Significant human health risk. In SCS's experience, there is a low likelihood that soil and groundwater impacts at the Site, caused by an off -Site source, would lead to an enforced remediation. The rationale for this judgment is based on the fact (assessed through a review of regulatory and historical resources) that known and reported releases and features of concern are not known to be present at the Site (i.e., the Site did not cause, contribute to, or exacerbate the impacted soil or groundwater). Based on these factors and SCS's experience, it is unlikely that the Site would be named a "responsible party" or be required to assume responsibility for the remediation of the source of these releases. However, as the Hospital Site is developed, the developer may incur costs associated with management of petroleum hydrocarbons in the soil or groundwater beneath the Hospital Site (e.g., if deep foundation or footings penetrate impacted soil or groundwater, or if dewatering is required). 4 The criterion used in this analysis is one in a million (1.0 E-6) excess lifetime cancer risk (ECR). A high likelihood of risk above this threshold is defined as significant. For the purposes of this limited HRA, a commercial land use, consistent with the Site's current zoning, is assumed. Limited Regulatory 9 File Review City of Temecula SCS ENGINEERS Depending on Hospital Site development plans, you may need to retain a qualified environmental professional during grading and foundation work to conduct field screening for petroleum hydrocarbons and assist with management of petroleum hydrocarbons bearing soil and/ groundwater. We recommend that when construction plans are finalized that they be reviewed by an environmental professional to assess the necessity of further involvement and oversight. 6 CONCLUSIONS Based on the above review of previous reports and assessment activities conducted by SCS, it is SCS's professional opinion that: • The most recent groundwater monitoring data from the adjacent LUST facilities does not indicate any change in impacts to the Hospital Site from the off-site release from the time that impacts previously were analyzed in the Final Supplemental Environmental Impact Report dated January 2008. The conclusion that there is no further change in impacts, and no increased risk of migration, is further supported by the fact that on May 30, 2008 the RWQCB issued a NFA letter to the Shell service station, and on December 3, 2009 issued a NFA letter to the Chevron service station. Thus, the responsible governmental entity has determined that no further groundwater monitoring is required and no further remedial actions are necessary. • There is a low likelihood of a significant health risk on the Hospital Site. Because no VOCs or MTBE were detected in soil vapor sampling at the Hospital Site, it is SCS's opinion that there is a low likelihood of exposure to benzene or MTBE resulting from soil vapor migration and flux, and a low likelihood of related Significant human health risk. • There is a low likelihood that soil and groundwater impacts at the Site, caused by an off - Site source, would lead to an enforced remediation. The rationale for this judgment is based on the fact (assessed through a review of regulatory and historical resources) that known and reported releases and features of concern are not known to be present at the Site (i.e., the Site did not cause, contribute to, or exacerbate the impacted soil or groundwater). • In regards to hazards as listed in Section 3.1 of the Temecula Regional Hospital Final Supplemental Environmental Impact Report (FSEIR), dated January 2008, the conclusions for the project are unchanged. Limited Regulatory 10 File Review City of Temecula SCS ENGINEERS 7 RECOMMENDATIONS Based on the data obtained during this Assessment and our conclusions, SCS recommends: • That depending on Hospital Site development plans you may need to retain a qualified environmental professional during grading and foundation work to conduct field screening for petroleum hydrocarbons. We recommend that when construction plans are finalized that they be reviewed by an environmental professional to assess the necessity of oversight and management activities during construction consistent with Mitigation Measure 3.1.2 of the Temecula Regional Hospital Final Supplemental Environmental Impact Report dated January, 2008. Limited Regulatory 11 File Review City of Temecula SCS ENGINEERS 8 REPORT USAGE AND FUTURE CONDITIONS This Report is intended for the sole usage of the Client and other parties designated by the Client. The methodology used during this Review was in general conformance with the requirements of the Client and the specifications and limitations presented in the Agreement between the Client and SCS. This Report contains information from a variety of public and other sources, and SCS makes no representation or warranty about the accuracy, reliability, suitability, or completeness of the information. Any use of this Report, whether by the Client or by a third party, shall be subject to the provisions of the Agreement between the Client and SCS. Any misuse of or reliance upon the Report shall be without risk or liability to SCS. Reviews are qualitative, not comprehensive, in nature and may not identify all environmental problems or eliminate all risk. For every property, but especially for properties in older downtown or urban areas, it is possible for there to be unknown, unreported recognized environmental conditions, underground storage tanks, or other features of concern that might become apparent through demolition, construction, or excavation activities, etc. In addition, the scope of work for this project was limited to those items specifically named in the scope of work for this Report. Environmental issues not specifically addressed in the Scope of Work for this project are not included in this Report. Land use, condition of the properties within the Site, and other factors may change over time. The information and conclusions of this Report are judged to be relevant at the time the work described in this Report was conducted and was based upon information obtained from public agencies, which SCS believes to be accurate. This Report should not be relied upon to represent future Site conditions unless a qualified consultant familiar with the practice of Phase I and Phase II environmental assessments in Riverside County is consulted to assess the necessity of updating this Report. The property owners at the Site are solely responsible for notifying all governmental agencies and the public of the existence, release, or disposal of any hazardous materials/wastes or petroleum products at the Site, whether before, during, or after the performance of SCS services. SCS assumes no responsibility nor liability for any claim, loss of property value, damage, or injury which results from hazardous materials/wastes or petroleum products being present or encountered within the Site. Limited Regulatory 12 File Review City of Temecula SCS ENGINEERS 9 LIKELIHOOD STATEMENTS Statements of "likelihood" have been made in this report. Likelihood statements are based on professional judgments of SCS. The term "likelihood," as used herein, pertains to the probability of a match between the prediction for an event and its actual occurrence. The likelihood statement assigns a measure for a "degree of belief' for the match between the prediction for the event and the actual occurrence of the event. The likelihood statements in this Report are made qualitatively (expressed in words). The qualitative terms can be approximately related to quantitative percentages. The term "low likelihood" is used by SCS to approximate a percentage range of 10 to 20 percent; the term "moderate likelihood" refers to an approximate percentage range of 40 to 60 percent; and the term "high likelihood" refers to an approximate percentage range of 80 to 90 percent. Limited Regulatory 13 File Review City of Temecula SCS ENGINEERS FIGURES Limited Regulatory File Review REGIONAL SITE LOCATION Reference: Terra Server Aerial Photograph Temecula, California - May 2002 Disclaimer: This figure is based on available data. Actual conditions may differ. All locations and dimensions are approximate. SITE AERIAL PHOTOGRAPH North (Not to scale) North 0 315 630 945 Approximate Graphic Scale in Feet Reference: U.S.G.S. 7.5 Minute Quadrangle map Pechanga, California - 1977. Photo revised 1982. 2-DIMENSIONAL SITE LOCATION North 0 1,000 2,000 3,000 Approximate Graphic Scale in Feet Reference: U.S.G.S. 7.5 Minute Quadrangle map Pechanga, California - 1977. Photo revised 1982. 3-DIMENSIONAL SITE LOCATION North (Not to scale) SCS ENGINEERS Environmental Consultants 8799 Balboa Avenue, Suite 290 San Diego, California 92123 4 -WAY SITE LOCATION MAP City of Temcula State Highway Route 79 South Temecula, California Project No.: 01207522.00 Figure 1 Date Drafted: 10/15/10 SG5 SG6 SV6 Date Depth VOCs MTBE Date Depth VOCs MTBE Date Depth BTEX MTBE 7/16/07 5,15 ND ND 7/16/07 5,15 ND ND 1/3/05 5 ND ND SV8 7/18/07 5,15 ND ND 7/18/07 5,15 ND ND SG1 Date Depth BTEX MTBE 0 Date Depth VOCs MTBE 7/3/05 5 ND ND 5V5 $G7 Date Depth BTEX MTBE Date Depth VOCs MTBE 7/16/07lir 5,15 ND ND SG11 1/3105 5 ND ND 7/16/07 5,15 ND ND 7/78/07 5,75 ND ND Date Depth VOCs MTBE 7/18/07 5,15 ND ND 7/16/07 5,15 ND ND SG4 7/18107 5,15 ND ND Date Depth VOCs MTBE ;J ry 7/16/07 5,15 ND ND 6411111 SG13 Q} 7/78/07 7 5,15 ND ND $V4 Date Depth VOCs MTBE Date Depth BTEX MTBE 8/21/07 5,15 ND ND t. SV2 1/3/05 5 ND ND 8/24/07 5,15. ND ND Date Depth BTEX MTBE Arco J1/3/05 5 ND ND C. $V10 SG2 Date Depth BTEX MTBE Date Depth VOCs MTBE SG8 1/3/05 5 ND ND 7116/07 5,15 ND ND 0 Date Depth VOCs MTBE 7/76/07 5,15 ND ND 5V7 SG12 7/18107 5,15 ND NDDate • {� 7/18/07 5,15 ND ND Date Depth5 BTEXNDMTBEND Depth VOCs MTBE t� �.. 5,15 ND ND 9 Sant 7/3/05 `88/21/07 ippShell /24/07 5,15 ND ND N�gh�ay SG3 SV9 Date Depth VOCs MTBE Date Depth BTEX MTBE 7/16/07 5,15 ND ND SG9 M3/05 5 ND ND 7/18/07 5,15 ND ND Date Depth VOCs MTBE 7116107 5,15 ND ND SG12 SV1 7/18/07 5,15 ND ND Date Depth VOCs MTBE Date Depth BTEX MTBE SV3 8/21/07 5,15 ND ND 1/3/05 5 ND ND Date Depth BTEX MTBE 8/24/07 5,15 ND ND 7/3/05 5 ND ND 5G1 Chevron Date Depth VOCs MTBE 7/16/07 5, 15 ND ND 7/18/07 5,15 ND ND �• 0 125 250 375 Approximate Graphic Scale in Feet North EXPLANATION Soil vapor sample analyzed for j O I Reported groundwater gradient, as reported by Soil vapor sample location. �.., Delta Environmental (Shell [Jan 2008]), Holguin Fahan, & Associates (Chevron [Jan 2009]), Disclaimer This figure is based on available data. volatile organic compunds (VOCs) including and Stantec (ARCO May 2009]). Actual conditions may differ. All locations and benzene, toluene, ethylbenzene, total dimensions are approximate. VOs and 1ethod general accordanes nce 1 Dept MTBE with EPA M CURRENT AND PREVIOUS SOIL VAPOR Project No.: 5 ND ND Results reported in microgramsD=per ENGINEERS SAMPLING LOCATIONS WITH 01207522.00 75 ND ND detected above liter of vapor (pg/Lv). ND =nototSCS the laboratory reporting limit (1 pg/Lv). Samples SV1 through SV10 collected in January 2006, samples SG1 through SG11 collected in 1 Environmental Consultants 8799 Balboa Avenue, Suite 290 ANALYTICAL RESULTS City of Temecula Figure 2 July 2007, and samples SG12, SG13, and SG14 collected in August 2007. All samples collected under the supervision of SCS Engineers. San Diego, California 92123 State Highway Route 79 Temecula, California Date Drafted: 10/15/10 B5 <0.5 T <0.5 ; $ B T E <0.5 <0.5 <0.5 E <0.5 X <1.5 MTBE <1.0 B T E <0.5 <0.5 <0.5 \-- X MTBE <1.5 1.3 X MTBE <1.5 <1.0 -n 3 41 p of B2 ¢ 11 VtO , <0.5 -b T T E X MTBE <0.5 <0.5 <1.5 <1.0 (.Arco - _ = _ B T E X <0.5 <.5 <0.5 <1.5 �? "S Ow n B <0.5 MTBE <1.0 S T E <0.5 <0.5 B10 04.1 X <1.5 MTBE <1.0 B7 B T <0.5 <0.5 ro B T E <0.5 <0.5 <0.5 E X MTBE <0.5 <1.5 <1.0 Shell X MTBE <1.5 <1.0 69 Bi 9 SaUt BT E X <0.5 <0.5 E MTBE <0.5 <1.0 �i�t lay MTBE <1.5 <1.0 O et Chevron c, .. 0 125 250 375 Approximate Graphic Scale in Feet North EXPLANATION O+ Reported groundwater gradient, as reported by Delta Environmental (Shell [Jan 2008]), Groundwater sam le location. Holguin, Fahan, & Associates (Chevron [Jan 2009]), Disclaimer This figure is based on available data. p and Stantec (ARCO May 2009]). Actual conditions may differ. All locations and dimensions are approximate. Project No.: Bi 1 Groundwater sample analyzed for benzene, SCS ENGINEERS GROUNDWATER SAMPLING LOCATIONS 012077522,00 B T E <0.5 <0.5 <0.5 toluene, ethylbenzene, total xylenes (BTEX), and MTBE in general accordance with EPA Method 8260B. Results are reported in Environmental Consultants 8799 Balboa Avenue, Suite 290 WITH ANALYTICAL RESULTS Cityof Temecula Figure 3 X MTBE <1.5 <1.o micrograms per liter (pg/L). Groundwater samples collected by SCS Engineers in January 2005. San Diego, California 92123 g State Highway Route 79 Temecula, California Date Drafted: 10/15/10 Appendix B Ciy of Temecula Director of Public Works/City Engineer Vemorandum r ESA TO: FROM: MEMORANDUM Stuart Fisk, Senior Planner Ruth Smith, T.E., P.T.P., City Traffic Engineer Greg Butler, P.E., Director of Public Works/City Engineer DATE: November 12, 2010 SUBJECT: Temecula Regional Hospital - Addendum to the Final Supplemental Environmental Impact Report Prepared By: Jerry Gonzalez, Associate Engineer — Traffic As requested, the Traffic Engineering Division has reviewed the traffic count data, collected in September 2005, and shown in the Final Supplemental Environmental Impact Report (FSEIR), January 2008. The September 2005 count data was compared with traffic count data collected for the City's Annual Traffic Count Program, July 2010, at the same study locations on Temecula Parkway, Margarita Road, and De Portola Road. The Average Daily Traffic (ADT) volumes and corresponding Level of Service (LOS) is shown below: Temecula Parkway west of Margarita Road Margarita Road north of Temecula Parkway De Portola Road west of Margarita Road 2005 2010 38,700 (LOS "C") 38,200 (LOS "C") 23,500 (LOS "B") 24,000 (LOS "B") 7,000 (LOS "A") 7,500 (LOS "A") The traffic count data suggests there was a slight increase in traffic volumes (500 ADT) on Margarita Road and De Portola Road over a five (5) year period. The increase is not significant since the capacity of the roadway remains unaffected, performing at LOS "C" or better at all locations, and the locations with the increases still perform at LOS "B" or better. Since there is no recent turning movement count data available for the study intersections analyzed in the 2005 FSEIR, a comparison of count data could not be performed to determine if there has been a change in conditions at each study intersections. It should also be noted that since the preparation of the January 2008 FSEIR, the dual right - turn lanes on Temecula Parkway (SR79) at Pechanga Parkway and the Pechanga Parkway Improvements (south of Temecula Parkway SR79) have been completed. These two improvements were identified as mitigation measures 3.3-6 and 3.3-8, respectively, in the FSEIR's Mitigation Monitoring and Reporting Program. -1- Since the proposed project is not increasing the square footage or changing the approved land use, the project's potential traffic impacts were adequately addressed in the Traffic Impact Analysis prepared by Linscott, Law and Greenspan, which is included in the FSEIR. Therefore no additional analyses are required with the Addendum to the Final Supplemental EIR. Ruth Smith, T.E., P.T.P., City Traffic Engineer City of Temecula 11/t21( ° Date -2- TEMECULA REGIONAL HOSPITAL Final Supplemental Environmental Impact Report SCH # 2005031017 Prepared for: City of Temecula January 2008 41 lia:tomII °I.Irr ik tri ■s aWp mita g r� r iffy iiiir A MHO ill 011 NA W III K i . 101 fai & IAA ! i 1 j 1 i � � I i TEMECULA REGIONAL HOSPITAL Final Suuclemental Environmental Imuact SCH # 2005031017 Prepared for: January 2008 City of Temecula 9191 Towne Centre Drive Suite 340 San Diego, CA 92122 858.538.0900 www.esassoc.com Los Angeles Oakland Petaluma Portland Sacramento San Francisco Seattle Tampa Woodland Hills 207434 He port r ESA TABLE OF CONTENTS Temecula Regional Hospital Final Supplemental Environmental Impact Report Executive Summary Page S-1 1. Introduction 1-1 1.1 Project Background 1-1 1.2 Environmental Review 1-2 1.3 January 2006 Environmental Document 1-3 1.4 Approach to this SEIR 1-4 1.5 Organization of the Draft SEIR 1-4 1.6 Public Involvement and Review 1-5 2. Project Description 2-1 2.1 Introduction 2-1 2.2 Project Goals and Objectives 2-1 2.3 Project Location and Site Characteristics 2-2 2.4 Project Characteristics 2-4 2.5 Discretionary Approvals 2-9 3. Environmental Impacts and Mitigation Measures 3-1 3.1 Hazards and Hazardous Materials 3.1-1 3.2 Noise 3.2-1 3.3 Traffic 3.3-1 4. Project Alternatives 4-1 4.1 Approach to Analysis 4-1 4.2 Previous Alternatives Analyzed 4-1 4.3 Selection and Rationale for Selection of Alternatives 4-2 4.4 Former Temecula Education Center Alternative 4-3 4.5 Environmentally Superior Alternative 4-9 5. Acronyms, References, and List of Preparers 5-1 5.1 Acronyms 5-1 5.2 References 5-3 5.3 List of Preparers 5-4 Appendices A. Notice of Preparation of Supplemental Environmental Impact Report A-1 B. Responses to Notice of Preparation B-1 Temecula Regional Hospital Final Supplemental Environmental Impact Report ESA / D207434 January 2008 Table of Contents Page Appendices (Continued) C. Soil Vapor Survey • Analytical Data and Chain -of -Custody Documentation • H&P Mobile Geochemistry Standard Operating Procedures for Soil Vapor Sample Collection • DTSC's Screening -Level Model for Groundwater Contamination Spreadsheets • Potential Health Effects of Oxygenated Gasoline • User's Guide for Evaluating Subsurface Vapor Intrusion Into Buildings • Interim Final — Guidance for the Evaluation and Mitigation of Subsurface Vapor Intrusion to Indoor Air C-1 D. Traffic Impact Analysis Update D-1 • Memo: Alternative 7 Build -Out Segment Operations • Intersection & Segment Manual Count Sheets and Historical Traffic Volumes on Highway 79 • Riverside County Roadway Classification Table • Peak Hour Intersection Analysis Worksheets - Existing • Cumulative Projects Data • Peak Hour Intersection Analysis Worksheets - Opening Day Without Project • Peak Hour Intersection Analysis Worksheets - Opening Day With Project Phase I • Peak Hour Intersection Analysis Worksheets - Opening Day With Entire Project (Phases I & II) • Peak Hour Intersection Analysis Worksheets - Opening Day With Entire Project and Cumulative Projects • City of Temecula Year 2025 Segment Volumes and Peak Hour Intersection Analysis Worksheets — Build -out (Year 2025 with Eastern By -Pass) • DIF Information • CIP Project Summary Sheets • TUMF Information • Assessment District Information • Peak Hour Intersection Analysis Worksheets - Opening Day With Entire Project and Cumulative Projects (Mitigated — With Implementation of CIP projects & No Eastern By -Pass) E. Noise Impact Analysis Update E-1 F. Scoping Session Speaker Slips F-1 G. Response to Comments G-1 H. Mitigation Monitoring and Reporting Program H-1 List of Figures 2-1 Regional Location Map 2-3 2-2 Project Vicinity Map 2-5 2-3 Proposed Site Plan 2-6 3.1-1 Reported Groundwater Gradient 3.1-3 3.1-2 Current and Previous Soil Vapor Sampling Locations with Analytical Results 3.1-5 Temecula Regional Hospital I I ESA /D207434 Final Supplemental Environmental Impact Report January 2008 Table of Contents Page List of Figures (Continued) 3.1-3 Groundwater Sampling Locations with Analytical Results 3.1-7 3.2-1 Common Noise Sources and A -Weighted Noise Levels 3.2-2 3.2-2 Common CNEL Noise Exposure Levels at Various Locations 3.2-2 3.2-3 Site Plan 3.2-8 3.2-4 Noise Measurement Locations 3.2-10 3.3-1 Existing Conditions Diagram 3.3-2 3.3-2 Existing Traffic Volumes AM/PM Peak Hours and ADT 3.3-5 3.3-3 Opening Year without Project Traffic Volumes AM/PM Peak Hours and ADT 3.3-13 3.3-4 Project Traffic Distribution AM/PM Peak Hours and ADT 3.3-14 3.3-5 Proposed Project Phase 1 Traffic Volumes AM/PM Peak Hours and ADT 3.3-15 3.3-6 Opening Year with Project Phase 1 Traffic Volumes AM/PM Peak Hours and ADT 3.3-16 3.3-7 Proposed Project Phase 11 Traffic Volumes AM/PM Peak Hours and ADT 3.3-17 3.3-8 Proposed Entire Project (Phase 1 + Phase 11) Traffic Volumes AM/PM Peak Hours and ADT 3.3-18 3.3-9 Opening Year with Entire Project Traffic Volumes AM/PM Peak Hours and ADT 3.3-19 3.3-10 Cumulative Projects Locations 3.3-25 3.3-11 Cumulative Projects Traffic Volumes AM/PM Peak Hours and ADT 3.3-26 3.3-12 Opening Year with Entire Project and Cumulative Projects Traffic Volumes AM/PM Peak Hours and ADT 3.3-27 3.3-13 Build -out (Year 2025) with Project Traffic Volumes AM/PM Peak Hours and ADT 3.3-37 3.3-14 TUMF Facilities 3.3-41 3.3-15 Riverside County Assessment Districts 3.3-43 4-1 Alternative Site 4-4 List of Tables S-1 Summary of Environmental Impacts and Mitigation Measures 3.1-1 Groundwater Analytical Results Summary Chevron Service Station #204029 3.1-2 Groundwater Analytical Results Summary Shell Service Station 3.1-3 Groundwater Analytical Results Summary Arco Service Station #5695 3.1-4 Groundwater Analytical Results Summary Project Site 3.1-5 Soil Vapor Sample Analytical Results 3.2-1 Summary of Siren Noise Measurements 3.2-2 City of Temecula Noise Standards 3.2-3 Summary of Existing Ambient Noise Measurements 3.2-4 Summary of Existing Traffic Noise Levels 3.2-5 Analysis of Estimated Construction Noise Levels 3.2-6 Traffic Noise Exposure Levels, Opening Year, Project Phase 1 3.2-7 Traffic Noise Exposure Levels, Entire Project, Phases 1 and 11 3.2-8 Traffic Noise Exposure Levels, Opening Year + Cumulative Projects 3.2-9 Traffic Noise Exposure Levels, Buildout 3.2-10 Estimated Ambulance Operations 3.2-11 Estimated CNEL due to Ambulance Operations S-14 3.1-4 3.1-8 3.1-10 3.1-11 3.1-16 3.2-3 3.2-6 3.2-9 3.2-11 3.2-12 3.2-14 3.2-14 3.2-15 3.2-15 3.2-16 3.2-16 Temecula Regional Hospital III ESA /D207434 Final Supplemental Environmental Impact Report January 2008 Table of Contents Page List of Tables (Continued) 3.2-12 Typical Construction Noise Levels 3.2-17 3.2-13 Typical Noise Levels from Construction Equipment 3.2-18 3.3-1 Existing Segment Volumes 3.3-4 3.3-2 LOS Definitions 3.3-7 3.3-3 Volume Capacity/Level of Service for Riverside County Roadway 3.3-8 3.3-4 Existing Intersection Operating Conditions 3.3-9 3.3-5 Existing Street Segment Operations 3.3-10 3.3-6 Projects Trip Generation - Total Trips 3.3-11 3.3-7 Cumulative Projects List 3.3-20 3.3-8 Cumulative Projects Trip Generation 3.3-22 3.3-9 Project Opening Day Intersection Operations 3.3-28 3.3-10 Project Opening Day Segment Operations 3.3-29 3.3-11 Entire Project and Cumulative Projects Intersection Operations 3.3-30 3.3-12 Entire Project and Cumulative Projects Segment Operations 3.3-31 3.3-13 Build -Out (Year 2025) Intersection Operations 3.3-36 3.3-14 Build -Out (Year 2025) Intersection Operations 3.3-37 3.3-15 Cumulative Traffic Improvement Mitigation Measure Summary 3.3-46 3.3-16 Existing + Project + Cumulative intersection Operations With the Implementation of Mitigation Measures 3.3-52 3.3-17 Entire Project and Cumulative Projects Segment Operations - With Mitigation 3.3-53 4-1 Alternative 7 Build -out Segment Operations 4-8 4-2 Comparison of Impacts to Alternatives Relative to Impacts of the Project 4-10 Temecula Regional Hospital IV ESA / D207434 Final Supplemental Environmental Impact Report January 2008 EXECUTIVE SUMMARY A Final Environmental Impact Report (EIR) was previously prepared for this project and certified by the City of Temecula (City). The project was approved by the City in January 2006. A legal challenge to the project on the ground that the EIR was inadequate in several respects was filed by two groups and resulted in a ruling that rejected many of the challenges, but found that the EIR did not adequately address the following areas: • Construction noise impacts; • Siren noise impacts; • Mitigation measures for traffic impacts; and • Potential impacts from underground methyl tertiary butyl ether (MTBE) plumes generated by three gas stations in the vicinity that might have the potential to migrate under the site, contaminate the soil on the site and generate unhealthful gas vapors. The court directed the City to vacate the project approvals and not to reconsider the project unless it first circulated, reviewed and considered a Supplemental Environmental Impact Report (SEIR) that addressed noise impacts, traffic mitigation and the potential impact of the plumes. This SEIR was prepared to address those issues. Other issues were adequately addressed in the prior EIR and will not be addressed in this SEIR. The prior EIR may be reviewed in the City's planning department and copies may be obtained from the City Clerk's office upon payment of the duplication cost. By necessity, this summary does not contain the extensive background and analysis found in the document, but rather is intended to provide a quick understanding of the proposed project's objectives, design features, impacts, proposed alternatives, and long-term implications. Therefore, the reader should review the entire document to fully understand the project and its environmental consequences. Project The proposed project consists of a General Plan Amendment, Zone Change, Development Plan, Conditional Use Permit, and a Tentative Parcel Map to allow the development of a proposed regional hospital to serve the City of Temecula and surrounding area. The project site encompasses 35.31 acres. Project applications are as follows: • A General Plan Amendment to eliminate the Z2 overlay area from the General Plan, which currently limits the height of buildings along Highway 79 South to two stories. The Professional Office General Plan land use designation that applies to the property will remain unchanged; Temecula Regional Hospital Final Supplemental Environmental Impact Report S-1 ESA/ D207434 January 2008 Executive Summary • A Zone Change application to change the zoning district applicable to the property from Professional Office and DePortola Road Planned Development Overlay (PDO -8) to Temecula Hospital Planned Development Overlay (PDO -9). The proposed PDO -9 would allow a maximum building height of 115 feet for 30 percent of the roof area of the hospital; • A Conditional Use Permit (CUP) to construct a 320 -bed hospital facility and helipad; City zoning regulations require CUPs for such uses; • A Development Plan application for the construction of a 408,160 -square -foot hospital, a helipad, two medical offices totaling approximately 140,000 square feet, a 10,000 -square - foot cancer center, and an 8,000 -square -foot fitness rehabilitation center. Total building area proposed is approximately 566,160 square feet on the 35.31 -acre site; and • A Tentative Parcel Map (Map 32468) to consolidate eight lots into a single parcel. Project Location and Surroundings The project site is located in the City of Temecula, Riverside County, California on the north side of Highway 79 South, south of De Portola Road, and approximately 700 feet west of Margarita Road. Currently the project site is undeveloped. Until recently, three single-family homes were on the property facing De Portola Road, but they have since been demolished. Surrounding land uses include commercial and single-family residences to the south (across Highway 79 South); single- family residences to the north (across De Portola Road); professional office, commercial and educational uses to the west (currently under construction); and offices and commercial uses to the east. Temecula Creek is located approximately 1,000 feet south of the project site, and Interstate 15 is approximately two miles to the west. Project Design Features The proposed 566,160 -square -foot Temecula Regional Hospital Facility would consist of: • An approximately 408,160 -square -foot, two -tower hospital complex to contain approximately 320 beds. One tower will be six stories/106 feet high, and the second five stories/83 feet high. The hospital will offer full in-patient and out-patient services, as well as emergency services. The facility will not contain a trauma unit; • Two medical office buildings, one four stories/73 feet high and the second three stories/60 feet high, providing approximately 140,000 square feet of office space. Office space will be available for lease to all types of medical service providers; • A 10,000 -square -foot cancer center housed in a one-story building; • An 8,000 -square -foot fitness rehabilitation center in a one-story building. The center will be available only to patients and on-site staff; • A 60 -foot by 60 -foot helipad is proposed near the northeast corner of the hospital. Helicopter flights associated with the hospital will be used to transport seriously ill patients to another location for further care. During each flight, the helicopter will Temecula Regional Hospital Final Supplemental Environmental Impact Report S-2 ESA/ D207434 January 2008 Executive Summary approach the helipad from the southeast, land, pick up the patient, take off, and leave the area on a southeast heading; • A truck loading area and facilities plant will be located at the eastern edge of the hospital, south of the helipad. This area provides infrastructure needed to support the hospital, such as a loading dock, cooling tower, generators, transformers, a fuel tank, and a bulk oxygen storage area; • A jogging path and horse trail will be constructed north of the fitness center. The horse trail will connect existing horse trails in the vicinity of the proposed project; • Lighting will be placed throughout the site for security. Light fixtures will be pole - mounted, 25 feet high, designed to face downward, and directed away from surrounding land uses; • Lot coverage will consist of approximately 16 percent building area, 30 percent parking area, and 33 percent landscape area; and • Approximately 1,278 parking spaces will be provided on surface lots. A total of 82 spaces will be reserved for handicapped parking. The site will be fully compliant with the Americans with Disabilities Act (ADA), including pathways from the handicapped parking to hospital facilities. All of the buildings, except for the fitness center, will include passenger loading zones. The project will include the following four access points: • Access to Highway 79 South opposite Country Glen Way at a planned new driveway and signalized location; • Secondary access at De Portola Road at the northeast corner of the project site, with turning movements restricted to in and out right turns and in only left turns. Left turns from the site onto De Portola Road will not be permitted; • Access via a reciprocal easement across the property to the immediate west; and • Right -out access from Highway 79 South at the intersection of Dona Lynora on the west end of the site. Primary project access will be from Highway 79 South at a signalized intersection. The secondary access point at De Portola Road will be unsignalized. Internal circulation throughout the site will also serve as fire lanes for the City of Temecula Fire Department. Project Goals and Objectives The primary objectives of the proposed new development are as follows: City Objectives The City's objectives for the proposed project and the project area are to: Temecula Regional Hospital Final Supplemental Environmental Impact Report S-3 ESA/ D207434 January 2008 Executive Summary • Provide for superior, easily accessible emergency medical services within the City of Temecula; • Provide for a regional hospital campus including a hospital facility, medical offices, cancer center and fitness rehabilitation center designed to be an operationally efficient state-of-the-art facility; • Encourage future development of a regional hospital and related services; • Support development of biomedical, research, and office facilities to diversify Temecula's employment base; • Ensure the compatibility of development on the subject site with surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, the location of access routes, noise impacts, traffic impacts, and other environmental conditions; and • Incorporate buffers that minimize the impacts of noise, light, visibility of activity, and vehicular traffic on surrounding residential uses. Applicant Objectives The objectives of Universal Health Services of Rancho Springs, Inc. (UHS), the project applicant, for the proposed project are to: • Provide high-quality health services to the residents of Temecula and surrounding communities; • Provide a regional hospital facility that includes standard hospital services, with outpatient care, rehabilitation, and medical offices; • Provide a regional hospital facility designed to be an operationally efficient, state-of-the- art facility that meets the needs of the region and hospital doctors; and • Provide medical offices, a cancer center and fitness rehabilitation center adjacent to the hospital facility to meet the needs of doctors and patients who need ready access to the hospital for medical procedures. Project Construction Construction of the proposed project will occur in five phases, some of which may occur simultaneously. Phase IA consists of site grading, demolition of existing buildings, construction of a three-story, 60,000 -square -foot medical office building (medical office building #2), and construction of adequate surface parking spaces to serve the building. Phase IA is anticipated to last approximately 10 months. Phase IB consists of construction of the one-story main hospital structure comprising approximately 162,650 square feet and a six -story bed tower of approximately 122,755 square Temecula Regional Hospital Final Supplemental Environmental Impact Report S-4 ESA/ D207434 January 2008 Executive Summary feet, as well as parking associated with the structure and tower. Phase IB is anticipated to last approximately 14 months. Phase II will expand the hospital to its ultimate, maximum 320 -bed configuration with the addition of the five -story bed tower of approximately 122,755 square feet. Phase III will add a four-story 80,000 -square -foot medical office building (medical office building #1) and the hospital connector. Phase IV consists of construction of a one-story, 10,000 -square -foot cancer center and associated parking spaces. Phase V will be the construction of the 8,000 -square -foot fitness center and the jogging trail. Environmental Impacts Evaluated in this SEIR The City of Temecula has prepared this SEIR to address noise impacts, traffic mitigation and the potential impact of the plumes, in order to comply with the County of Riverside Superior Court's writ of mandate. In addition, the SEIR identifies mitigation measures required to avoid or substantially reduce identified significant impacts. A summary of the environmental impacts, mitigation measures, and level of impact remaining after mitigation is presented in Table S-1 of this Executive Summary. The analysis contained in the SEIR uses the words "significant" and "less than significant" in the discussion of impacts. These terms specifically define the degree of impact in relation to thresholds used to determine significance of impact identified in each environmental impact section of this SEIR. As required by California Environmental Quality Act (CEQA), mitigation measures have been included in this SEIR to avoid or substantially reduce the level of significant impact. Certain significant impacts, even with the inclusion of mitigation measures, cannot be reduced to a level below significance. Such impacts are identified as "unavoidable significant impacts." Lawsuits Challenging the January 2006 Approval of the Project As noted above, the Court's rulings in the challenge to the prior EIR found that the previous document did not adequately analyze noise impacts, did not adequately address mitigation for traffic impacts and did not address the potential impacts of the MTBE plumes in the underground water in the vicinity of the project site, which were generated by leaks from three gas stations in the vicinity. The Court further ordered the City to set aside its approvals of the project and to not reconsider the project unless it first addressed these issues in an SEIR. This SEIR has been prepared to comply with that order and addresses noise impacts, traffic mitigation measures and the potential impacts of the MTBE plumes. Temecula Regional Hospital Final Supplemental Environmental Impact Report S-5 ESA/ D207434 January 2008 Executive Summary Although the Court's ruling required further consideration of mitigation measures for the traffic impacts identified in the prior EIR and did not fault the traffic analysis or identification of impacts, this SEIR contains an updated traffic study that all impacts are identified and ensure that all feasible mitigation measures are identified. If any significant adverse impacts remain after all feasible mitigation is required, the City could not approve the project unless it adopted a Statement of Overriding Concerns pursuant to CEQA §15093. Because the Court found no problem with the prior EIR other than the issues identified above, this SEIR does not address any impacts other than those the Court found should be addressed in an SEIR. Therefore, when reconsidering whether to approve the project, the City will rely on the sections of the prior EIR not invalidated by the Court as well as this SEIR. The prior EIR can be reviewed in the City Clerk's office and copies can be obtained from the Clerk's office upon payment of the cost of duplicating the report. The prior EIR found the following project impacts to be less than significant: 1) aesthetics - scenic highways and visual character or quality, 2) air quality - construction odors and consistency with adopted plans and policies, 3) hydrology and water quality, and 4) land use and planning; found the following impacts to be less than significant after mitigation: 1) aesthetics - light and glare; and found the following impacts to be significant and unavoidable after all feasible mitigation: 2) air quality - short-term, long-term and cumulative impacts. Further, because an alternative site not available at the time the prior EIR was prepared has now become available, this SEIR analyzes that additional alternative (Alternative 7). Potential Impacts Found to be Less Than Significant In response to the Court's decision, the following potential project impact has been analyzed and found to result in a less than significant impact: • MTBE Plume MTBE Contamination According to the Court's review and analysis, the EIR failed to analyze the MTBE plume allegedly migrating towards the project site. The court found that the previous EIR did not address the site's exposure to potential MTBE contamination despite evidence of contamination threatening the project site and despite requests from the public and other agencies to do so. The Court also found that the City was required to analyze any and all significant environmental effects the project might cause by bringing development and people onto the project site. The Court did note that the City eventually responded to the comments to the prior EIR regarding the alleged contaminant plume relying on, among other things, an analysis by an expert taken on by UHS. It was found by the Court, however, that the City's response was insufficient, as it was required to be considered in the Draft EIR report itself Temecula Regional Hospital Final Supplemental Environmental Impact Report S-6 ESA/ D207434 January 2008 Executive Summary SEIR Objective This SEIR analyzes the extent and concentration of volatile organic compounds (VOCs) including MTBE in soil vapor and ground water at key locations of the site and significant environmental effects the project might cause by bringing development and people onto the project site. The SEIR assesses the likelihood of a significant human health risk in association with VOCs and MTBE due to the upward migration of soil vapors containing elevated concentrations of petroleum hydrocarbons as well as the possibility of the MTBE plume migrating towards project site. SEIR Conclusion As a result of further investigations and review of the ongoing groundwater assessment work being conducted by others in the site vicinity, MTBE -bearing groundwater may have migrated onto the proposed project site along the southern boundary fronting Highway 79 South. However, based on the previous and current soil vapor sampling, it has been interpreted that there is a less than significant risk of related human health risk at the proposed project site because of the possible presence MTBE -bearing groundwater beneath the site. Consequently, no detectable concentrations of the target analytes (VOCs or MTBE) were reported in soil vapor beneath the proposed site buildings footprints. Under the current existing conditions there is a less than significant risk of exposure to MTBE in soil vapor and thus a less than significant risk of related significant human health risk from soil vapor migration into the proposed buildings. As such, it has been concluded that there is a low likelihood of exposure to benzene or MTBE resulting from soil vapor migration and flux and a very low likelihood of related significant human health risk; therefore the risk would be less than significant. The likelihood of exposure to MTBE -bearing groundwater is increased during construction activities, such as excavation. Depending on site development plans, a qualified environmental professional may be required during grading and foundation work to conduct field screening for petroleum hydrocarbons. It is also recommended that final construction plans are reviewed by an environmental professional to assess the necessity of further involvement and oversight. To the extent the site is developed, a developer may be required to manage or incur costs associated with the presence of petroleum hydrocarbons in the soil or groundwater beneath the site (e.g., if deep foundation or footings penetrate impacted soil or groundwater, or if dewatering is required). Section 3.1 and Table S-1 below include mitigation measures to address the potential that existing and/or previously unidentified contamination could be encountered during project site preparation and construction activities. Unavoidable Significant Impacts Upon reanalysis, the SEIR identifies the following impacts as significant and unavoidable: • Noise impacts associated with emergency vehicle sirens; • Noise impacts associated with project construction; • Direct project -related traffic impacts; and Temecula Regional Hospital Final Supplemental Environmental Impact Report S-7 ESA/ D207434 January 2008 Executive Summary • Cumulative traffic impacts. Section 15093 of the CEQA Guidelines requires the Lead Agency to adopt a Statement of Overriding Considerations if the Lead Agency determines these impacts are significant and the Lead Agency approves the project. As required by §15093 of the CEQA Guidelines, a Statement of Overriding Considerations shall be adopted by a lead agency where it is found that the benefits of a project outweigh several significant, unavoidable adverse identified impacts. Noise Impacts Siren Noise The Court's review found that the City's analysis of siren noise in the prior EIR was inadequate. The Court did not agree that noise impacts from emergency vehicles associated with the proposed project would be less than significant to nearby noise -sensitive receptors simply because these impacts would be sporadic in nature and short-lived in duration. The Court also did not find substantial evidence in the prior EIR to adequately explain why ambulance noise would be reduced to insignificant levels as a result of decreased distances traveled during emergency trips. SEIR Objectives In response to the Court's findings, this SEIR assesses in greater detail the noise levels and potential impacts associated with the sirens used by emergency vehicles transporting patients to the hospital. Should it be found that operational noise level impacts remain significant and unavoidable after mitigation, a Statement of Overriding Considerations shall be adopted where it is found that the benefits of the project outweigh several significant, unavoidable adverse identified impacts. SEIR Conclusion The SEIR concludes that ambulance siren noise added to traffic noise generated by the proposed project would be considered a significant impact. However, the City of Temecula does not regulate noise from ambulance sirens. Noise standards do not apply in emergency situations. The use of sirens is required by law under specific circumstances, and cannot be regulated or controlled by the City of Temecula or the hospital administrators. Ambulance routes are selected by the drivers based on traffic conditions and expediency, and cannot be regulated or controlled by the City of Temecula or the hospital administrators. Thus, although the noise from ambulance sirens would be significant, no mitigation measures can be placed on this type of noise. Impacts from noise for the proposed project are significant and unavoidable. Construction Noise The Court's review found the City's analysis of construction noise in the prior EIR was inadequate. The Court found that the City failed to adequately explain how significant construction noise impacts would be rendered less than significant. Temecula Regional Hospital Final Supplemental Environmental Impact Report S-8 ESA/ D207434 January 2008 Executive Summary SEIR Objectives In accordance with the Court's decision, this SEIR provides a more detailed analysis to demonstrate how construction noise impacts would be rendered less than significant. Should it be found that construction noise level impacts remain significant and unavoidable after mitigation, a Statement of Overriding Considerations shall be adopted where it is found that the benefits of the project outweigh several significant, unavoidable adverse identified impacts. SEIR Conclusion The SEIR concludes that noise generated by construction activities would result in a substantial increase in noise at the nearest residences and would be significant without mitigation. The City's ordinance limiting the hours of construction provides no mitigation of construction noise during weekdays and Saturdays and is relevant only to protect nearby residents from construction noise during the nighttime hours, Sundays and holidays. In the nearest residences to the northwest of the project site and in some of the residences to the south, construction activities are expected to exceed the accepted ambient noise level of 65 dB by more than 3 dB. This would be a short-term significant impact on residents adjacent to the project site. With implementation of mitigation measures, provided in Section 3.2 and Table S-1, the construction noise levels would be reduced, but even with these mitigation measures the noise impact would be significant and unavoidable for the nearest homes to the northwest and south, which are as close as 305 feet from the proposed project site. Traffic Impacts The Court's review and analysis of the prior EIR found that the City had not required or had not shown that it had required all feasible mitigation for traffic impacts. The court indicated that requiring payment of Transportation Uniform Mitigation Fees (TUMF) and City of Temecula fees, at least without more information concerning how and when the fees would be used to construct the improvements identified as necessary to mitigate project impacts, was inadequate. Accordingly, the Court did not validate the City's finding that it adopted all feasible mitigation on this ground. SEIR Objectives The SEIR contains an updated traffic study, further analyzes and identifies all feasible mitigation and explains the reasons that additional mitigation is not feasible when that is the case. Specifically, this SEIR evaluates the changes in vehicular traffic attributable to the development of the proposed Temecula Regional Hospital, based upon the traffic impact analysis completed by Linscott, Law and Greenspan Engineers (LLG) dated October, 2007. This SEIR also documents existing traffic and circulation system conditions, identifies and differentiates between direct project -related traffic impacts and cumulative traffic impacts, and proposes mitigation measures to reduce potential direct project and cumulative impacts to insignificant levels, and identifies specific mitigation measure implementation requirements, funding source and party responsible for completion of individual mitigation measures. Temecula Regional Hospital Final Supplemental Environmental Impact Report S-9 ESA/ D207434 January 2008 Executive Summary SEIR Conclusion Based on the established significance criteria, specific significant impacts were calculated as detailed in Table S-1 below. Two direct impacts were calculated since project traffic caused the LOS to decrease from an acceptable LOS D to LOS E. Cumulative impacts were calculated at locations that already operate at LOS E or F without project traffic or locations where unacceptable levels of service occur only with the addition of cumulative projects traffic. Please refer to Table S-1 for further details of the project -related traffic impacts. Direct Impacts Specified regional circulation system mitigation measures (see Table S-1 and Section 3.3) shall be complete prior to occupancy of any building in Phase IA.. Encroachment permits shall not be issued until the improvements are complete, as determined by the Director of Public Works. Site Access and On -Site Circulation In addition, the project proposes three access driveways, two on Highway 79 South and one on De Portola Road. The improvements listed in Table S-1 shall be completed prior to issuance of a certificate of occupancy for any building in Phase IA from the City of Temecula in order to mitigate impacts of the new access driveways, to existing facilities: Cumulative Impacts The project shall participate in the funding and implementation of regional circulation system improvements through payment of established City of Temecula DIF fees, participation in the Riverside County Transportation Uniform Mitigation Fees (TUMF) Program and continued participation in Assessment District (AD 159) financing. These fees are collected as part of funding mechanisms aimed at ensuring that regional highways and arterial expansions keep pace with the projected development and population increases. The regional circulation system mitigation measures shall be constructed prior to issuance of a certificate of occupancy for any building in Phase IA. Certificates of occupancy for buildings in Phase IA shall not be issued until the improvements are completed, as determined by the Director of Public Works. Additional funding sources have been identified for several of the regional transportation facilities (see Table 3.3-15 in Section 3.3). All available mitigation measures required to mitigate cumulative traffic impacts are summarized in Table 3.3-15 of Section 3.3 and documented following the table. No additional mitigation measures, beyond those identified in this section, are feasible due to the fact that upon completion off all identified mitigation measures, no additional regional circulation improvements can be accommodated due to the fact that the area is built out and that the necessary right of way cannot be feasibly acquired. Existing land use and development conditions preclude the ability to acquire additional right of way for additional circulation system improvements. As discussed in Section 3.3, implementation of the Eastern Bypass will provide for significant cumulative traffic impact relief with all project affected segments and intersections expected to operate at acceptable levels of service, however the Eastern Bypass was not considered in the cumulative analysis at this time because completion is expected to be too far in the future. Temecula Regional Hospital Final Supplemental Environmental Impact Report S-10 ESA/ D207434 January 2008 Executive Summary Intersections The following regional circulation system mitigation measures shall be constructed prior to issuance of a certificate of occupancy for any building in Phase IA. Certificates of occupancy for buildings in Phase IA shall not be issued until the improvements are completed, as determined by the Director of Public Works. The following improvement has been completed since the traffic counts were assessed for this study and is not considered a measure to mitigate the impacts of this project: • Highway 79 South Widening — Interstate 15 to Butterfield Stage Road: The primary improvement funded by AD 159 is the widening of Highway 79 South from two lanes to six lanes, between Interstate 15 and Butterfield Stage Road. This major regional circulation system improvement has been completed and provides for a significant increase in circulation system capacity in the vicinity of the proposed project. Also, completion of the planned improvements through the federal, state and special legislative funding mechanisms as mitigation for the identified project impacts shall be concluded upon certification of occupancy for Phase IB, which consists of construction of the one-story main hospital structure comprising approximately 162,650 square feet and a six -story bed tower of approximately 122,755 square feet, as well as parking associated with the structure and tower. However, with the exception of Mitigation Measures 3.3-3, and 3.3-4, the obligation to complete these planned improvements will transfer from the previously stated funding mechanisms to the hospital, if in fact the improvements are not completed before an issuance of a certification of occupancy for Phase IA. Mitigation Measures 3.3-3 and 3.3-4 require coordination with Caltrans and are found to be infeasible because ultimately they are within the responsibility of another public agency and not the City of Temecula. Because the impact at the interchange cannot be mitigated with certainty, it is considered significant and unmitigable for which a Statement of Overriding Considerations will be required. No additional mitigation measures, beyond those identified in Table S-1 below and Section 3.3, are feasible due to the fact that upon completion of all identified mitigation measures, no additional regional circulation improvements can be accommodated due to the fact that the area is built out and that the necessary right of way cannot be acquired. Existing land use and development conditions preclude the ability to acquire additional right of way for additional circulation system improvements. CEQA requires that a lead agency shall neither approve nor implement a project as proposed unless the significant environmental effects of that project have been reduced to a less -than -significant level, essentially "eliminating, avoiding, or substantially lessening" the expected impact. As with the underlying environmental documents, if the lead agency approves the project despite residual significant adverse impacts that cannot be mitigated to a less -than -significant level, the agency must state the reasons for its action in writing. This "Statement of Overriding Considerations" must be included in the record of project approval. Resulting Levels of Service following implementation of all available mitigation measures for all project area intersection and roadway segments are shown in Tables 3.3-16 and 3.3-17 respectively of Section 3.3. As seen in Tables 3.3-16 and 3.3-17 of Section 3.3, all of the Temecula Regional Hospital Final Supplemental Environmental Impact Report S-11 ESA/ D207434 January 2008 Executive Summary identified segments and intersections, with the exception of Highway 79 South /I-15 Northbound ramps (AM) and the Highway 79 South /Country Glenn Way (AM) intersection will continue to operate at unacceptable levels of service, following completion of all feasible mitigation measures, although the mitigation will in most cases substantially decrease the amount of delay that would otherwise be experienced. These cumulative traffic impacts are considered significant unavoidable adverse impacts, until such time as the Eastern Bypass is constructed, which would provide substantial relief to the regional circulation system. Alternatives to the Proposed Project The City has considered alternative locations for the proposed regional hospital. Through the comparison of potential alternatives to the proposed project, the relative advantages of each can be weighed and analyzed. The CEQA Guidelines require that a range of alternatives addressed be "governed by a rule of reason that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice" (Section 15126.6[a]). The following alternatives are examined in the SEIR. Former Temecula Education Center Alternative (New Alternative No. 7) The following project alternatives were examined in the original EIR: Alternative 1: No Project — No Build Alternative 2: No Project — Development Pursuant to Current General Plan Alternative 3: Alternative Site — Corona Family Properties Alternative 4: Access from Dartolo Road Alternative 5: Access from DePortola Road and Dartolo Road Alternative 6: Construction of Hospital Only Between the time that the original EIR was certified and the scoping meeting for the SEIR, a new alternative site has become available for evaluation that was not previously available for development. Where consideration of alternate sites is warranted for a proposed project, CEQA requires that the analysis first consider if any of the significant effects of the project would be avoided or substantially lessened if the project were located at another site (Guidelines Section15126.6 (2).) Only the locations that avoid or substantially lessen significant effects need to be considered. If no alternative sites are feasible, reasons for this conclusion must be included in the EIR. The EIR need not discuss sites that are obviously infeasible, remote, or speculative. The former Temecula Education Center site, located southwest of the intersection of Diaz Road and Dendy Parkway, and immediately west of Murrieta Creek could accommodate the proposed project land uses and is now being evaluated as the 7th alternative to the proposed project. The project site is approximately 40 acres in size, and is located within the City of Temecula, immediately adjacent to the City of Murrieta to the northwest. The former Temecula Education Center site was previously submitted to the City of Temecula as an education complex, including Temecula Regional Hospital Final Supplemental Environmental Impact Report S-12 ESA/ D207434 January 2008 Executive Summary an education center, a research and development /conference center, a day care facility, retail facilities, apartment units and associated parking. The alternative site location is shown in Figure 4-1 in Section 4. The Temecula Education Center project has been withdrawn from further consideration by the City of Temecula and is available for consideration and evaluation as an alternative site for the proposed project. Access to the project site is via Diaz Road, via either Rancho California Road or Winchester Road. Surrounding land uses include Open Space to the north, Murrieta Creek and Open space to the east, business park /warehouse uses to the south and a mining operation, open space and the Santa Rosa Plateau to the west. All properties would need to be under the applicant's control for the project to proceed, and a County General Plan amendment, zone change, and annexation would be required for the larger parcel. This alternative site has the potential to result in adverse aesthetic and land use compatibility impacts, whereas the proposed project does not. Noise impacts of this alternative could be less than the proposed project due to slightly shorter helicopter trips due to the location of the project site on the western boundary of the City, which would require a flight path over fewer residential neighborhoods. Biological resource impacts would be similar to the proposed project. Traffic impacts would be slightly worse. All other impacts would be comparable to those associated with the project. The alternative would attain each of the project objectives set forth by the City of Temecula and the project applicant outside of using the actual site as currently proposed. Environmentally Superior Alternative Section 15126.6(e) (2) of the CEQA Guidelines requires that an EIR identify the environmentally superior alternative. If the No Project Alternative is the environmentally superior alternative, the EIR must identify an environmentally superior alternative among the remaining alternatives. Based on the above analysis, Alternative 6, Construction of Hospital Only, remains identified as the Environmentally Superior Alternative. Temecula Regional Hospital Final Supplemental Environmental Impact Report S-13 ESA/ D207434 January 2008 Executive Summary TABLE S-1 SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Potential Environmental Impact Mitigation Measures Level of Impact after Mitigation Impacts Considered but Found to Be Less Than Significant Section 15128 of State CEQA Guidelines MTBE Plume Impact 3.1-1: Potential that existing and/or previously unidentified contamination could be encountered during project site preparation and construction activities. Impact 3.1-2: Potential that hazardous materials could be released during the site preparation and construction activities. Hazards and Hazardous Materials Mitigation Measure 3.1-1: Petroleum affected soils at the proposed hospital site if any, (e.g., where stained or odiferous soils are encountered) shall be segregated, stockpiled on-site, and sampled prior to disposal at an appropriate facility, as required by the respective disposal facility. All contaminated soils shall be disposed of off-site in accordance with applicable local, state, and federal laws regulating the transport and disposal of hazardous and non -hazardous materials. These materials shall be transported to a permitted disposal facility by a licensed waste hauler. Mitigation Measure 3.1-2: Prior to the issuance of any encroachment permit for the project, a detailed soil, groundwater, and soil vapor sampling program shall be conducted for the proposed hospital site. Any identified MTBE- or other VOC- impacted soil shall be removed, handled, and properly disposed of by appropriately licensed and qualified individuals in accordance with applicable regulations during demolition of structures. The project applicant shall provide documentation (for example, all required waste manifests, sampling, and soil monitoring test results) to the City of Temecula showing that abatement of any MTBE- or other VOC-containing soil identified in the project site has been completed in full compliance with all applicable regulations and approved by the appropriate regulatory agency(ies) (40 CFR, Subchapter R, TSCA, Parts 790, 792, 797, 798, and 799 and CCR Title 8, Article 2.6). Less than significant. Less than significant. Unavoidable Significant Environmental Impacts Lead Agency must issue "Statement of Overriding Considerations" under Section 15093 and 15126[b] of the State CEQA Guidelines if the agency determines these effects are significant and approves the project. Construction Noise Impact 3.2-1: Development of the proposed project would result in temporary noise impacts during construction. Noise Mitigation Measure 3.2-1: The following measures should be considered in the project's design in order to mitigate the significant impacts: • Mechanical ventilation will be required for hospital facility buildings since the interior standard of 50 dB(A) is to be met with windows and doors closed. • Demolition and construction activities shall be limited to the hours and days Significant and unavoidable. Temecula Regional Hospital Final Supplemental Environmental Impact Report S-14 ESA / D207434 January 2008 Executive Summary Potential Environmental Impact Mitigation Measures Level of Impact after Mitigation Emergency Vehicle Sirens Impact 3.2-2: Development of the proposed project would increase noise levels along local roadways, specifically ambulance siren noise. Direct Impacts (Phase II only) Impact 3.3-1: Segment of Highway 79 between Pechanga Parkway and Margarita Road — This is a direct impact since with the addition of Project Phase II traffic this segment deteriorates from LOS D to LOS E. Impact 3.3-2: Highway 79 / Country Glen Way (Project Driveway) — This is a direct impact since this intersection is the main project driveway and the project is responsible for providing the north leg of this intersection which does not exist currently and will serve as the project access. permitted by the City of Temecula Municipal Code. • All Construction and demolition equipment shall be fitted with properly sized mufflers. • Noisy construction equipment items shall be located as far as practicable from the surrounding residential properties. • The project proponent will hire a noise monitor to accept complaints and confirm compliance with above-mentioned mitigation measures. Mitigation: None Required. The City's ordinance limiting, the hours of construction, provides no mitigation of construction noise during weekdays and Saturdays and is relevant only to protect nearby residents from construction noise during the nighttime hours, Sundays and holidays. Noise standards do not apply in emergency situations. Thus, although the noise from ambulance sirens would be significant, there are no mitigation requirements placed on this type of noise. Traffic Mitigation Measure 3.3-1: Traffic Signal Coordination - SR 79 between Pechanga Parkway and Margarita Road City of Temecula CIP entitled "SR 79 South / Margarita Road Traffic Signal Coordination — Old Town Front Street to Butterfield Stage Road". The applicant shall pay required City of Temecula DIF fees prior to issuance of any City of Temecula building permit. Should the entire CIP funding not be in place at the time of issuance of a certificate of occupancy for any building in Phase IA, the applicant shall fund and implement the traffic signal coordination and establish a reimbursement agreement with the City of Temecula to be reimbursed for expenditures made on behalf of the city. However, at this time, the CIP calls for completion of the improvement in the Year 2008. Mitigation Measure 3.3-2: • Driveway #1 on SR 79: Driveway #1 on SR 79 is the fourth (north) leg of the SR 79 / Country Glen Way. This intersection is currently a signalized T - intersection. Modification of the current signal has already been completed to accommodate the fourth leg serving the project site and other related change! to geometry. The project shall provide the following additional intersection geometry: o A dedicated westbound right -turn lane on SR 79, Significant and unavoidable. Significant and Unavoidable Significant and Unavoidable Temecula Regional Hospital Final Supplemental Environmental Impact Report S-15 ESA / D207434 January 2008 Executive Summary Potential Environmental Impact Mitigation Measures Level of Impact after Mitigation Cumulative Impacts Intersections Impact 3.3-3: SR 79 / 1-15 SB Ramps Impact 3.3-4: SR 79 / 1-15 NB Ramps o Dual eastbound left -turn lanes on SR 79, and dual left -turn lanes and a shared through/ right -turn lane in the southbound direction exiting the project site. • Driveway #2 on SR 79: Driveway #2 on SR 79 shall be located at the west boundary of the property and will provide unsignalized right in/right-out only access. This 40 -foot wide driveway shall provide one inbound and one outbound lane. • Driveway #3 on De Portola Road: Driveway #3 on De Portola Road will provide unsignalized right -in / right -out and left -in only access. Left -turns out of the hospital shall be prohibited. This 40 -foot wide driveway shall provide one inbound and one outbound lane. • The hospital and other related buildings are located approximately in the center of the site, surrounded by parking. An adequate internal roadway system shall be provided to access each facility and to provide adequate parking. Mitigation Measure 3.3-3: SR 79 / 1-15 Southbound Ramps City of Temecula CIP project entitled "Interstate 15 /State Route 79 South Interchange" (Public Works Account No. 210.165.662) which will add lanes to the ramps at the interchange shall be complete prior to the City's issuance of any encroachment permit for the project. Note: Funding is secured through DIF fees, TUMF fees, CFDs, State and Federal matching funds and SB 621 funds and construction is expected in 2011. Mitigation Measures 3.3-3 and 3.3-4, require coordination with Caltrans and therefore cannot be guaranteed to be in place prior to occupancy of the hospital project, even though the interchange improvements are fully funded and expected to be in construction in the year 2011. Therefore, the mitigation is deemed infeasible, because of the uncertainty associated with control of the project by an outside public agency (Caltrans) and not the City of Temecula. Because the impact at the interchange cannot be mitigated with certainty, the interchange impacts are considered cumulatively significant and unmitigable for which a Statement of Overriding Considerations will be required. Mitigation Measure 3.3-4: SR 79 /1-15 Northbound Ramps City of Temecula CIP project entitled "Interstate 15 / State Route 79 South Interchange" (Public Works Account No. 210.165.662) which will add lanes to the ramps at the interchange shall be complete prior to the City's issuance of any encroachment permit for the project. Note: Funding is secured through DIF fees, TUMF fees, CFDs, State and Federal Significant and unavoidable. Significant and unavoidable. Temecula Regional Hospital Final Supplemental Environmental Impact Report S-16 ESA / D207434 January 2008 Executive Summary Potential Environmental Impact Mitigation Measures Level of Impact after Mitigation Impact 3.3-5: SR 79 / La Paz St Impact 3.3-6: SR 79 / Pechanga Pkwy Impact 3.3-7: SR 79 / Jedediah Smith Rd; SR 79 / Avenida De Missiones; SR 79 / Country Glen Way; SR 79 / Redhawk Pkwy / Margarita Road matching funds and SB 621 funds, and construction is expected in 2011. Mitigation Measures 3.3-3 and 3.3-4, require coordination with Caltrans and therefore cannot be guaranteed to be in place prior to occupancy of the hospital project, even though the interchange improvements are fully funded and expected to be in construction in the year 2011. Therefore, the mitigation is deemed infeasible, because of the uncertainty associated with control of the project by an outside public agency (Caltrans) and not the City of Temecula. Because the impact at the interchange cannot be mitigated with certainty, the interchange impacts are considered cumulatively significant and unmitigable for which a Statement of Overriding Considerations will be required. Mitigation Measure 3.3-5: SR 79 / La Paz St City of Temecula CIP entitled "Route 79 South Widening - Interstate 15 to Pechanga Parkway", which will add a fourth through lane in each direction on SR 79 through La Paz Street shall be constructed prior to the City's issuance of a certificate of occupancy for any building in Phase IA of the project. If not completed by others, the Applicant shall complete the improvements prior to the issuance of a certificate of occupancy for any building in Phase IA, subject to potential reimbursement from the City or other projects. Note: Funding is secured through DIF fees and participation in the TUMF program, and construction is expected to occur in 2008. Mitigation Measure 3.3-6: Intersection of SR 79 / Pechanga Pkwy City of Temecula CIP entitled "State Route 79 South to Pechanga Parkway— Dual Right -Turn Lanes", which will add a second eastbound right -turn lane on SR 79 at Pechanga Parkway shall be constructed prior to the City's issuance of a certificate of occupancy for any building in Phase IA of the project. If not completed by others, the Applicant shall complete the improvements prior to the issuance of a certificate of occupancy for any building in Phase IA, subject to potential reimbursement from the City or other projects. Note: Funding is secured through DIF fees and participation in the TUMF program and SB 621 Funds, and construction is scheduled for 2008. Mitigation Measure 3.3-7: SR 79 /Jedediah Smith Rd; SR 79 / Avenida De Missiones; SR 79 / Country Glen Way; SR 79 / Redhawk Pkwy / Margarita Road City of Temecula CIP entitled "SR 79 South / Margarita Road Traffic Signal Coordination — Old Town Front Street to Butterfield Stage Road" shall be completed prior to the City's issuance of a certificate of occupancy for any building in Phase IA of the project. If not completed by others, the Applicant shall complete the improvements prior to the issuance of a certificate of occupancy for any building in Phase IA, subject to potential reimbursement from the City or other projects. This project will improve the signal coordination along SR 79, including the SR 79 / Significant and unavoidable. Significant and unavoidable. Significant and unavoidable. Temecula Regional Hospital Final Supplemental Environmental Impact Report S-17 ESA / D207434 January 2008 Executive Summary Potential Environmental Impact Mitigation Measures Level of Impact after Mitigation Segments SR 79 West of 1-15 SR 79 between 1-15 and Pechanga Parkway Highway 79 between Pechanga Parkway and Margarita Road; Highway 79 between Margarita Road and Butterfield Stage Road Impact 3.3-8: Pechanga Parkway South of SR 79 Jedediah Smith Road, SR 79/Avenida De Missiones and SR 79 / Redhawk Pkwy Margarita Road intersections, which will improve traffic flow through these intersections. In addition, the project shall construct lane geometry improvements and modify the existing traffic signal at the main project driveway, prior to project operation. Note: Funding is secured through DIF fees, and construction is scheduled for 2008. The mitigation measures listed for Impacts 3.3-3 and 3.3-4 will also mitigate this impact. The improvements to the interchange will greatly improve traffic flow on this segment of SR 79. However, Mitigation Measures 3.3-3 and 3.3-4, require coordination with Caltrans and therefore cannot be guaranteed to be in place or prior to occupancy of the hospital project, even though the interchange improvements are fully funded and expected to be in construction in the year 2011. Therefore, the mitigation is deemed infeasible, because of the uncertainty associated with control of the project by an outside public agency (Caltrans) and not the City of Temecula. Because the impact at the interchange cannot be mitigated with certainty, the interchange impacts are considered cumulatively significant and unmitigable for which a Statement of Overriding Considerations will be required. The mitigation measures listed for Impacts 3.3-5 and 3.3-6 will also mitigate this impact. The mitigation measures listed for Impact 3.3-7 will also mitigate this impact. Mitigation Measure 3.3-8: Pechanga Parkway South of SR 79 City of Temecula CIP for fiscal Years 2007-2011 entitled "Pechanga Parkway Improvements — Phase II" — Public Works Account No. 210.165.668, shall be completed prior to the City's issuance of a certificate of occupancy for any building in Phase IA of the project. If not completed by others, the Applicant shall complete the improvements prior to the issuance of a certificate of occupancy for any building in Phase IA, subject to potential reimbursement from the City or other projects. Note: This project will add the third through lane on Pechanga Parkway in both directions. Funding is secured through DIF fees, CFD (Wolf Creek), Public Lands and Highway Program, Pechanga Tribe contributions and Rancho California Water District funding, and construction is scheduled between 2007 and 2011. Impact 3.3-9: Margarita Road from De Portola Road to Mitigation Measure 3.3-9: Margarita Road from De Portola Road to Highway 79 Highway 79 Note: No additional mitigation measures are feasible due to the fact that upon completion off all identified mitigation measures, no additional regional circulation Significant and unavoidable. Significant and unavoidable. Significant and unavoidable. Significant and unavoidable. Significant and unavoidable. Temecula Regional Hospital Final Supplemental Environmental Impact Report S-18 ESA / D207434 January 2008 Executive Summary Potential Environmental Impact Mitigation Measures Level of Impact after Mitigation Impact 3.3-10: Redhawk Parkway South of Highway 79 Impact 3.3-11: SR 79 West of 1-15 improvements can be accommodated within the existing right of way. Existing land use and development conditions preclude the ability to acquire additional right of way for additional circulation system improvements along this segment. Implementation of the Eastern Bypass will provide for significant cumulative traffic impact relief with all project affected segments and intersections expected to operate at acceptable levels of service, however the Eastern Bypass was not considered in the cumulative analysis at this time because completion is expected to be too far in the future. Mitigation Measure 3.3-10: Redhawk Parkway South of Highway 79 Significant and unavoidable. The applicant shall pay required City of Temecula DIF fees prior to issuance of any City of Temecula encroachment permit. Note: No additional mitigation measures are feasible due to the fact that upon completion off all identified mitigation measures, no additional regional circulation improvements can be accommodated within the existing right of way along this segment. Existing land use and development conditions preclude the ability to acquire additional right of way for additional circulation system improvements. Implementation of the Eastern Bypass will provide for significant cumulative traffic impact relief with all project affected segments and intersections expected to operate at acceptable levels of service, however the Eastern Bypass was not considered in the cumulative analysis at this time because completion is expected to be too far in the future. Mitigation Measure 3.3-11: To ensure the improvements are completed prior to occupancy of the hospital building, occupancy of any building outside of Phase IA shall not be permitted until after the City has issued a certificate of occupancy for any building in Phase IA. Significant and unavoidable. Temecula Regional Hospital Final Supplemental Environmental Impact Report S-19 ESA / D207434 January 2008 CHAPTER 1 Introduction This chapter describes the background of the proposed Temecula Regional Hospital project, the purpose and legal authority for this Draft Supplemental Environmental Impact Report (SEIR) and the relationship to the previously certified project EIR. 1.1 Project Background This SEIR has been prepared to augment the Temecula Regional Hospital Environmental Impact Report (EIR) (Original EIR - State Clearinghouse [SCH] No. 2005031017) certified on January 24, 2006 pursuant to a Judgment and Peremptory Writ of Mandate issued by the Riverside County Superior Court (Case Nos. RIC 445394 and RIC 445411). Following certification of the original EIR by the City of Temecula, two lawsuits were filed seeking to set aside the certification of the EIR (RIC 445411 and RIC 445394). On April 6, 2007, the Riverside County Superior Court ordered that the City of Temecula set aside its approval of the project, including, without limitation, its certification of an EIR and approvals of PA 04-0462, PA 04-0463, PA 04-0571, PA 05-0302 and all subsequent approvals and permits. The court concluded that the original EIR failed to adequately address the construction noise impacts, siren noise impacts and mitigation measures for traffic impacts, and did not address potential impacts from underground methyl tertiary butyl ether (MTBE) plumes generated by three gas stations in the vicinity that might have the potential to migrate under the site, contaminate the soil on the site and generate unhealthful gas vapors. In addition, the court found that the City of Temecula failed to make valid findings that the City had adopted all feasible mitigation measures before adopting a Statement of Overriding Considerations. As previously mentioned, several other areas of the original EIR, including aesthetics, biological resources, geology and soils, land use, air quality that were challenged by the petitioners were upheld by the superior court and do not require any additional analysis. This SEIR therefore evaluates the above outlined issues that the Court determined were not adequately addressed in the original EIR. The SEIR is focused on the following environmental issues/factors: noise impacts, traffic mitigation and the potential impact of the plumes. In addition to the court mandated EIR analysis, a new alternative site has recently become available for consideration and will be included in the SEIR. The Project Description is contained in Chapter 2 of this SEIR and has not changed from that contained in the Draft EIR. Potential impacts to the following environmental issue areas have not changed and are therefore not evaluated in the SEIR: 1) aesthetics, 2) air quality, and 3) land use Temecula Regional Hospital Final Supplemental Environmental Impact Report 1-1 ESA / D207434 January 2008 1. Introduction and planning. All other potential environmental factors were eliminated from consideration in the original Draft EIR by the original Initial Study. 1.2 Environmental Review The City has prepared this SEIR in order to comply with the Court's writ of mandate, in light of the sections of the initial EIR that were found sufficient by the Court. The EIR has been revised pursuant to Public Resources code §21168.9, which addresses the remedies that can be required by the court when it finds an EIR, or a portion of an EIR, to be inadequate. Thus, this SEIR has been prepared pursuant to the order of the Court under §21168.9 of the California Environmental Quality Act (CEQA). Section 21168.9 of the CEQA Guidelines states that: (a) If a court finds, as a result of a trial, hearing, or remand from an appellate court, that any determination, finding, or decision of a public agency has been made without compliance with this division, the court shall enter an order that includes one or more of the following: • A mandate that the determination, finding, or decision be voided by the public agency, in whole or in part. • If the court finds that a specific project activity or activities will prejudice the consideration or implementation of particular mitigation measures or alternatives to the project, a mandate that the public agency and any real parties in interest suspend any or all specific project activity or activities, pursuant to the determination, finding, or decision, that could result in an adverse change or alteration to the physical environment, until the public agency has taken any actions that may be necessary to bring the determination, finding, or decision into compliance with this division. • A mandate that the public agency take specific action as may be necessary to bring the determination, finding, or decision into compliance with this division. (b) Any order pursuant to subdivision (a) shall include only those mandates which are necessary to achieve compliance with this division and only those specific project activities in noncompliance with this division. The order shall be made by the issuance of a peremptory writ of mandate specifying what action by the public agency is necessary to comply with this division. However, the order shall be limited to that portion of a determination, finding, or decision or the specific project activity or activities found to be in noncompliance only if a court finds that (1) the portion or specific project activity or activities are severable, (2) severance will not prejudice complete and full compliance with this division, and (3) the court has not found the remainder of the project to be in noncompliance with this division. The trial court shall retain jurisdiction over the public agency's proceedings by way of a return to the peremptory writ until the court has determined that the public agency has complied with this division. Temecula Regional Hospital Final Supplemental Environmental Impact Report 1-2 ESA 1 D207434 January 2008 1. Introduction (c) Nothing in this section authorizes a court to direct any public agency to exercise its discretion in any particular way. Except as expressly provided in this section, nothing in this Section is intended to limit the equitable powers of the court. 1.3 January 2006 Environmental Document Temecula Regional Hospital Environmental Impact Report The Temecula Regional Hospital EIR assessed impacts related to: 1) aesthetics, 2) air quality, 3) hydrology and groundwater, 4) land use and planning 5) noise, and 6) transportation. In addition to these topical areas, the EIR evaluated the following six (6) alternatives to the proposed project: 1) No project -No Build, 2) No Project — Development to Current General Plan, 3) Alternative Site — Corona Family Properties, 4) Access from Dartolo Road, 5) Access from De Portolo Road and Dartolo Road, and 6) Construction of Hospital Only. Alternative 6 was determined to be the environmentally superior alternative. The original Draft EIR is available for review at the City of Temecula Planning Department. The original EIR concluded that implementation of the proposed project would result in unavoidable adverse significant impacts to: 1) short-term, long-term and cumulative air quality impacts, 2) noise impacts associated with emergency helicopter flights, and 3) cumulative traffic and circulation impacts. The original EIR considered the following impacts to be less than significant without mitigation: 1) aesthetics — scenic highways and visual quality, 2) air quality — construction odors and consistency with adopted plans and policies, 3) hydrology and water quality, 4) land use and planning, and 5) noise — non -helicopter. The following impacts were considered potentially significant but could be mitigated to less than significant levels: 1) aesthetics — light and glare, 2) noise — operational impacts, and 3) transportation — project impacts. The Initial Study determined that the implementation of the proposed project would result in less than significant or no impact to agricultural resources, biological resources, cultural resources, geology/soils, hazards/fire safety, mineral resources, population and housing, public services, recreation and utilities and service systems. The City of Temecula circulated the original EIR (Temecula Regional Hospital EIR — SCH No. 2005031017) on September 28, 2005. In January 2006, the City certified the EIR. Subsequently, the Court held that the noise analysis was inadequate; that the analysis of traffic mitigation measures was inadequate and that the EIR should have, but did not, address the potential impacts of the underground MTBE plumes in the groundwater in the vicinity of the site that were caused by leaking tanks at three closely located gas stations. The Court did not invalidate the original EIR's remaining analysis of potential impacts, mitigation measures and alternatives. As such, this SEIR does not address the impacts and mitigation addressed in the original EIR that were not invalidated by the Court. In specific, these areas of the original EIR include the following: Temecula Regional Hospital Final Supplemental Environmental Impact Report 1-3 ESA/ D207434 January 2008 1. Introduction • Project impacts found to be less than significant: 1) aesthetics - scenic highways and visual character or quality), 2) air quality - construction odors and consistency with adopted plans and policies, 3) hydrology and water quality, and 4) land use and planning. • Proiect impacts found to be less than significant after mitigation: 1) aesthetics - light and glare. • Project impacts found to be significant and unavoidable after all feasible mitigation: 1) air quality - short-term, long-term and cumulative impacts. 1.4 Approach to this SEIR CEQA requires that before a decision can be made to approve a project with potentially significant environmental effects, an EIR or, in this case, an SEIR must be prepared that fully describes the environmental effects of the project. The EIR or SEIR is a public information document for use by governmental agencies and the public to identify and evaluate potential environmental consequences of a proposed project, to recommend mitigation measures to lessen or eliminate adverse impacts, and to examine feasible alternatives to the project. The information contained in the SEIR is reviewed and considered by the governing agency prior to the ultimate decision to approve, disapprove, or modify the proposed project. CEQA requires that a lead agency shall neither approve nor implement a project as proposed unless the significant environmental effects of that project have been reduced to a less -than - significant level, essentially "eliminating, avoiding, or substantially lessening" the expected impact. As with the underlying environmental documents, if the lead agency approves the project despite residual significant adverse impacts that cannot be mitigated to a less -than -significant level, the agency must state the reasons for its action in writing. This "Statement of Overriding Considerations" must be included in the record of project approval. 1.5 Organization of the Draft SEIR This Draft SEIR is organized to allow the reader to quickly and logically review a summary of the analysis, review recommended mitigation measures, and identify the residual environmental impacts after mitigation, if any. Those readers who wish to read the Draft SEIR in greater detail are directed to the main body of this document. The Draft SEIR begins with an Executive Summary, which describes the proposed project, its environmental effects, and alternatives to the project (including the No Project Alternative). The Executive Summary culminates with Table S-1, Summary of Environmental Impacts and Mitigation Measures. This table lists each identified environmental impact, mitigation measures identified, and the level of significance following mitigation. The Executive Summary is then followed by this Introduction. Following the Executive Summary, the Project Description (Chapter 2) includes the project location, project proponent's objectives, a description of the proposed project, and an outline of the required approvals. Temecula Regional Hospital Final Supplemental Environmental Impact Report 1-4 ESA 1 D207434 January 2008 1. Introduction Chapter 3 contains a focused discussion of environmental topics required by the Court as they relate to this project, including the setting (existing conditions), and the environmental impacts that could result from the proposed project. Although the Court found no fault with the analysis of alternatives already considered in the original EIR, the SEIR identifies a new alternative to the proposed project in Chapter 4 that was not available when the original EIR was prepared. The alternative also includes the No Project Alternative ("build" and "no build"), required by CEQA for all EIRs. The report authors, agencies and persons contacted during the preparation of the Draft SEIR are listed in Chapter 5. The Appendices include the NOP, response to the NOP, as well as background and supporting documents and technical information for the impact analyses. 1.6 Public Involvement and Review A Notice of Preparation (NOP) was issued on July 6, 2007 and requested those agencies with regulatory authority over any aspect of the project to describe that authority and to identify additional relevant environmental issues that should be addressed in this SEIR. NOP Comments were received form: 1) Southern California Association of Governments (SCAG), 2) Riverside County Transportation Commission (RCTC), 3) South Coast Air Quality Management District (SCAQMD), 4) Riverside County Flood Control and Water Conservation District (RCFCWCD), and 6) Native American Heritage Commission (NAHC). The NOP and the responses to the NOP are attached to this SEIR as Appendices A and B, respectively. In addition, a public scoping meeting was held on July 12, 2007 at 6 p.m. at the Temecula City Hall. Comments were received from: 1) Wayne Hall, 2) A. Evan Harbottle, 3) Pauline Nelson, and 4) Kenneth Ray. Temecula Regional Hospital Final Supplemental Environmental Impact Report 1-5 ESA/ D207434 January 2008 CHAPTER 2 Project Description This chapter provides a description of the proposed Temecula Regional Hospital (proposed project). This chapter also includes a brief description of the existing physical setting of the project site; entitlements; required discretionary actions; and the objectives of this project, as identified by the City and the applicant. 2.1 Introduction The applicant, Universal Health Services of Rancho Springs, Inc. (UHS), proposes to develop a 320 -bed hospital, two medical office buildings, a special cancer treatment facility, and a fitness rehabilitation center on 35.31 acres of land in the City of Temecula. Situated on the north side of Highway 79 South, south of De Portola Road and approximately 700 feet west of Margarita Road, the proposed project would be also be located near areas of existing commercial and low density residential development. As described in Chapter 1, Introduction, of this SEIR, the proposed project was evaluated in the original EIR for the Temecula Regional Hospital, certified January 24, 2006. This SEIR evaluates the issues outlined in Chapter 1 that the Superior Court determined was not adequately addressed in the original EIR. The SEIR is focused on the following environmental issues/factors: noise impacts (sirens and construction noise); traffic impact mitigation and the potential impact of the MTBE plumes in the underground water in the vicinity of the site that were caused by leaking tanks at three closely located gas stations. In addition, because an alternative site not available when the prior EIR was prepared is now available, the City determined that this SEIR should evaluate use of that site as an alternative in addition to the alternatives that have already been analyzed in the prior EIR. 2.2 Project Goals and Objectives The primary objectives of the proposed new development are as follows: City Objectives The City's objectives for the proposed project and the project area are to: • Provide for superior, easily accessible emergency medical services within the City of Temecula; • Provide for a regional hospital campus including a hospital facility, medical offices, cancer center and fitness rehabilitation center designed to be an operationally efficient state-of-the-art facility; • Encourage future development of a regional hospital and related services; Temecula Regional Hospital Final Supplemental Environmental Impact Report 2-1 ESA / D207434 January 2008 2. Project Description • Support development of biomedical, research, and office facilities to diversify Temecula's employment base; • Ensure the compatibility of development on the subject site with surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, the location of access routes, noise impacts, traffic impacts, and other environmental conditions; and • Incorporate buffers that minimize the impacts of noise, light, visibility of activity, and vehicular traffic on surrounding residential uses. Applicant Objectives The objectives of UHS, the project applicant, for the proposed project are to: • Provide high-quality health services to the residents of Temecula and surrounding communities; • Provide a regional hospital facility that includes standard hospital services, with outpatient care, rehabilitation, and medical offices; • Provide a regional hospital facility designed to be an operationally efficient, state-of-the- art facility that meets the needs of the region and hospital doctors; and • Provide medical offices, a cancer center and fitness rehabilitation center adjacent to the hospital facility to meet the needs of doctors and patients who need ready access to the hospital for medical procedures. 2.3 Project Location and Site Characteristics Project Location The project site is located in the City of Temecula, Riverside County, California on the north side of Highway 79 South, south of De Portola Road and approximately 700 feet west of Margarita Road, as shown in Figure 2-1. Project Site Characteristics The project site consists of 35.31 acres of largely vacant land covered with non-native grasses and weeds. Site topography is characterized by a gently sloping terrain, with a high point at the western third of the property. The high point represents a boundary between two watersheds, with the western one-third draining to the west and the balance sloping and draining to the east. A flood control channel parallels the eastern site boundary, containing dense riparian vegetation consisting of willows and cottonwoods. Currently, the project site is undeveloped. Until recently, three single-family homes were on the property facing De Portola Road, but they are in the process of being demolished. Surrounding land uses include commercial and single-family residences to the south (across Highway 79 South); single-family residences to the north (across De Portola Road); professional office, commercial and educational uses to the west (currently under construction); and offices and Temecula Regional Hospital Final Supplemental Environmental Impact Report 2-2 ESA/ D207434 January 2008 . Temecula City Boundary SOURCE: County of Riverside, 2003 Temecula Hospital Supplemental EIR . 207434 Figure 2-1 Regional Location Map 2. Project Description commercial uses to the east. Temecula Creek is located approximately 1,000 feet south of the project site, and Interstate 15 is approximately 2 miles to the west. A regional location map is provided in Figure 2-1; a project vicinity map is provided as Figure 2-2. 2.4 Project Characteristics Project Description The proposed 566,160 -square -foot Temecula Regional Hospital Facility consists of: • An approximately 408,160 -square -foot, 2 -tower hospital complex to contain approximately 320 beds. One tower will be 6 stories/106 feet high, and the second five stories/83 feet high. The hospital will offer full in-patient and out-patient services, as well as emergency services. The facility will not contain a trauma unit. • Two medical office buildings, one four stories/73 feet high and the second three stories/60 feet high, providing approximately 140,000 square feet of office space. Office space will be available for lease to all types of medical service providers. • A 10,000 -square -foot cancer center housed in a one-story building. • An 8,000 -square -foot fitness rehabilitation center in a one-story building. The center will be available only to patients and on-site staff. Project components are shown on Figure 2-3. A 60 -foot by 60 -foot helipad is proposed near the northeast corner of the hospital. The project applicant indicates that on average, one helicopter flight per month will occur at the hospital. The permit to be obtained from the California Department of Transportation (Caltrans) Division of Aeronautics for a Special Use Helipad will permit up to six landings per month because the helipad is defined as an Emergency Medical Services Landing Site. An Emergency Medical Services Landing Site is defined as a site used for the landing and taking off of Emergency Medical Services helicopters that is located at or as near as practical to a medical emergency or at or near a medical facility and is used, over any 12 month period, for no more than an average of six landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event, even if that response causes the site to be used beyond these limits.1 Helicopter flights associated with the hospital will be used to transport seriously ill patients to another location for further care. During each flight, the helicopter will approach the helipad from the southeast, land, pick up the patient, take off, and leave the area on a southeast heading. A truck loading area and facilities plant will be located at the eastern edge of the hospital, south of the helipad. This area provides infrastructure needed to support the hospital, such as a loading dock, cooling tower, generators, transformers, a fuel tank, and a bulk oxygen storage area. 1 California Code of Regulations, Tide 21 Section 3527, Airport and Heliport Definitions. Temecula Regional Hospital 2-4 ESA/ D207434 Final Supplemental Environmental Impact Report January 2008 0 300 Feet SOURCE: ESA Temecula Hospital Supplemental EIR . 207434 Figure 2-2 Project Vicinity Map PARKING CALCULATIONS I. I SPACE PER 20 REOUIREO PARKS. (se,,.m. C.0.7 OM CODE a. 7.4.230./3 DE PORTON ROAD HO E TRV 1 11 1 1 U 1 1 11 11 11 U 1 1 1 14 1 1 %.kb.k41.1 n RANCHO PUEBLO R r-lila`€ Illlll-_Id,11,1 1�-I'. 1 IPHASE IB = 111i =111111- illlllllllllllllll_Illllllll -11- �,'` �IIIIIIII1111111-.-1I.';� I.,_ • ' 1 I I I I I I I I I 1111 11- -STATE-HIGHWAY LORNra- rg=-- w.�...o• wn \ SOU RCE: H KS PHASING DESCRIPTION PHASE IA • SITE GRADING • MEDICAL OFFICE BUILDING 2 (MOB 2) • MOB 2 PARKED (APPRIEL 200 SPACES) • MAIM ENNH EM YE PHASE IB • IOSPTAIIS STORY SPD TOWS/I • HOSPITAL PAHEa•O PHASE 11 • HOSPITAL 6 STORY BED TOWER PHASE 111 • MEDICAL OFFICE BUILDING 1 (MOB 1( • M00/ HOSPITAL COOIECfOR PHASE IV • CANCER CENTER • CANCER CENTER PARKING PHASE V • FRIE00 CENTOH • .O0J6G TRAIL 0 400 Feet Temecula Hospital Supplemental EIR . 207434 Figure 2-3 Proposed Site Plan MEM NE MEW SPARS PRIM -SPACES HOSPITAL I SPACE PER 3 REDS 316 BEDS 10fi 644 HOSPITAL HMKOIGWPm 501-1000 SPACES - 20 OF TOTAL 14 42 nnI 1 I SPACE PER 300 S.F. (LS MEA) 80,000 S.F. 267 260 ROD- 1 HANDICAPPED 201-300 SPACES - 7 H.C. SPACES 7 16 nnI2 I SPALE PER .?40 S.F. (ES MEA) 60,000 S.F. 200 233 NO11-2H3WDICAPPm 201-300 SPACES - 7 H.C. SPACES 7 10 DANCER COMM •I SPACE PER 200 S.F. (IS AREA) 10,000 S.F. 50 55 DANCER COMM MMDIDAPPED 26-50 SPACES - 2 H.C. SPACES 2 4 PITH= CBI= I SPACE PER 200 S.F. (IS MEA) 8,000 S.F. 40 66 PIMPS CQTRL HMOICAPPED 205. OF REGUTAR PARKING 10 10 TOTAL 663 1275 BICYCLE PARKING 34' 40 (3 00046) I. I SPACE PER 20 REOUIREO PARKS. (se,,.m. C.0.7 OM CODE a. 7.4.230./3 DE PORTON ROAD HO E TRV 1 11 1 1 U 1 1 11 11 11 U 1 1 1 14 1 1 %.kb.k41.1 n RANCHO PUEBLO R r-lila`€ Illlll-_Id,11,1 1�-I'. 1 IPHASE IB = 111i =111111- illlllllllllllllll_Illllllll -11- �,'` �IIIIIIII1111111-.-1I.';� I.,_ • ' 1 I I I I I I I I I 1111 11- -STATE-HIGHWAY LORNra- rg=-- w.�...o• wn \ SOU RCE: H KS PHASING DESCRIPTION PHASE IA • SITE GRADING • MEDICAL OFFICE BUILDING 2 (MOB 2) • MOB 2 PARKED (APPRIEL 200 SPACES) • MAIM ENNH EM YE PHASE IB • IOSPTAIIS STORY SPD TOWS/I • HOSPITAL PAHEa•O PHASE 11 • HOSPITAL 6 STORY BED TOWER PHASE 111 • MEDICAL OFFICE BUILDING 1 (MOB 1( • M00/ HOSPITAL COOIECfOR PHASE IV • CANCER CENTER • CANCER CENTER PARKING PHASE V • FRIE00 CENTOH • .O0J6G TRAIL 0 400 Feet Temecula Hospital Supplemental EIR . 207434 Figure 2-3 Proposed Site Plan 2. Project Description A jogging path and horse trail will be constructed north of the fitness center. The horse trail will connect existing horse trails in the vicinity of the proposed project. Lighting will be placed throughout the site for security. Light fixtures will be pole -mounted, 25 feet high, designed to face downward, and directed away from surrounding land uses. Lot coverage will consist of approximately 16 percent building area, 30 percent parking area, and 33 percent landscape area. Construction Construction of the proposed project will occur in five phases. Phase IA consists of site grading, demolition of existing buildings, construction of a three-story, 60,000 -square -foot medical office building (MOB #2), and construction of adequate surface parking spaces to serve the building. Phase IA is anticipated to last approximately 10 months. Phase IB consists of construction of the one-story main hospital structure comprising approximately 162,650 square feet and a six -story bed tower of approximately 122,755 square feet, as well as parking associated with the structure and tower. Phase IB is anticipated to last approximately 14 months. Phase II will expand the hospital to its ultimate, maximum 320 -bed configuration with the addition of the five -story bed tower of approximately 122,755 square feet. Phase III will add a four-story 80,000 square foot medical office building (MOB #1) and the hospital connector. Phase IV consists of construction of a one-story, 10,000 -square -foot cancer center and associated parking spaces. Phase V will be the construction of the 8,000 -square -foot fitness center and the jogging trail. Construction of Phases II through V is anticipated occur concurrently and to last approximately 12 months. As shown on Figure 2-3, the total parking provided will be 1,278 spaces, which exceeds the City's parking standards, which require 663 parking spaces for the proposed project. The greatest exceedance is associated with parking spaces calculated for the hospital portion of the project, for which the Development Code requires one space per three beds. The parking provided on the site exceeds the standards contained within the Development Code because the Code requirements do not adequately account for parking needs within the hospital associated with staff parking, outpatient services, and other needs within the facility. This is common within most jurisdictions, and hospital facilities often exceed minimum parking requirements for this reason. In summary, the proposed building heights and parking spaces that will be provided for the hospital facility are as follows: Temecula Regional Hospital Final Supplemental Environmental Impact Report 2-7 ESA/ D207434 January 2008 2. Project Description • Hospital — one story/27 feet (644 parking spaces and 42 handicapped spaces hospital and bed towers); • Bed Tower 1 — six stories/106 feet; • Bed Tower 2 — five stories/83.5 feet; • MOB #1 — four stories/73 feet (280 parking spaces and 16 handicapped spaces); • MOB #2 — three stories/60 feet (233 parking spaces and 10 handicapped spaces); • Cancer Center — one story/27 feet (55 parking spaces and 4 handicapped spaces), and • Fitness Center — one story/27 feet (66 parking spaces and 10 handicapped spaces). Parking Approximately 1,278 parking spaces will be provided on surface lots. A total of 82 spaces will be reserved for handicapped parking. The site will be fully compliant with the Americans with Disabilities Act (ADA), including pathways from the handicapped parking to hospital facilities. All of the buildings, except for the fitness center, will include passenger loading zones. Access to the Site As shown on Figure 2-3, the project includes the following three access points: • Access to Highway 79 South opposite Country Glen Way at a planned new driveway and signalized location. • Secondary access at De Portola Road at the northeast corner of the project site, with turning movements restricted to in and out right turns and in only left turns. Left turns from the site onto De Portola Road will not be permitted. • Access via a reciprocal easement across the property to the immediate west. • Right -in and right -out access from Highway 79 South at its intersection with Dona Lynora on the west end of the site. Primary project access will be from Highway 79 South at a signalized intersection. The secondary access point at De Portola Road will be unsignalized. Internal circulation throughout the site will also serve as fire lanes for the City of Temecula Fire Department. Amendments to the General Plan and Zoning Ordinance The proposed project consists of a General Plan Amendment, Zone Change, Development Plan, Conditional Use Permit, and a Tentative Parcel Map for the proposed development of a regional hospital to serve the Temecula area. The project site encompasses 35.31 acres. Project applications are as follows: • The General Plan Amendment is a request to eliminate the Z2 overlay area from the General Plan, which currently limits the height of buildings along Highway 79 South to two stories. The Professional Office General Plan land use designation that applies to the property will remain unchanged. Temecula Regional Hospital Final Supplemental Environmental Impact Report 2-8 ESA/ D207434 January 2008 2. Project Description • The Zone Change application requests that the zoning district applicable to the property be changed from Professional Office and DePortola Road Planned Development Overlay (PDO -8) to Temecula Hospital Planned Development Overlay (PDO -9). The proposed PDO -9 would allow a maximum building height of 115 feet for 30 percent of the roof area of the hospital. • The Conditional Use Permit (CUP) application requests permission to construct a 320 bed hospital facility and helipad; City zoning regulations require CUPs for such uses. • The Development Plan application proposes the construction of a 408,160 -square -foot hospital, a helipad, two medical offices totaling approximately 140,000 square feet, a 10,000 -square -foot cancer center, and an 8,000 -square -foot fitness rehabilitation center. Total building area proposed is approximately 566,160 square feet on the 35.31 -acre site. • The Tentative Parcel Map (Map 32468) is a request to consolidate eight lots into a single parcel. 2.5 Discretionary Approvals While the overall project must comply with the requirements of the City Planning Department, the building requirements for the hospital buildings are under the sole control of the State of California, Office of Statewide Health Planning and Development. As a result, to the extent required by law all references in this Draft SEIR with respect to building and occupancy permits are intended to apply only to the non -hospital facilities. The project is anticipated to require the following public actions and approvals. Agency Action City of Temecula City Council California Office of Statewide Health Planning and Development City of Temecula Fire Department • Approval of General Plan Amendment to eliminate the Z2 overlay shown in the General Plan, an amendment to the Official Zoning Map to change the zoning from Planned Development Overlay (PDO) 8 and Professional Office to PDO -9, and the incorporation of PDO -9 into the Temecula Municipal Code which will allow building height up to 115 feet for 30 percent of roof areas for hospitals • Approval of a Development Plan and Conditional Use Permit to provide for the development of the project site with the proposed uses, structures, parking, landscaping, and other components, and to establish development standards and conditions of use for the project • Approval of other actions related to the implementation of the above actions and mitigation of environmental effects • Medical Office Building and fitness center building and occupancy permits • Re -certification of the EIR and certification of this SEIR • Hospital building and occupancy permits • Review and approval of fire flow, fire lanes, and fire suppression systems Temecula Regional Hospital Final Supplemental Environmental Impact Report 2-9 ESA /D207434 January 2008 2. Project Description Agency Action City of Temecula Police Department City of Temecula Public Works City of Temecula Departments and Divisions overseeing construction related development U.S. Fish and Wildlife Service, California Department of Fish and Game California Department of Transportation, Aeronautics Division Riverside County Airport Land Use Commission Pechanga Band of Luiseno Indians Regional Water Quality Control Board Rancho California Water District Riverside County Flood Control Riverside County Health Department U.S. Army Corps of Engineers • Review of security plans and systems • Approval of Mitigation Plan • Approval of street improvement plans, sewer plans, grading plan, and water and drainage system plans • Approval of Water Quality Management Plan • Review and approval of building, electrical, plumbing, mechanical, and sign plans and permits • Review and approval of encroachment permits • Review and approval of street trees • Approval of burrowing owl report/surveys • Approval of special use helipad (Heliport Site Approval Permit) • Review of helipad • Cultural report approval and pre -excavation agreement • Possible review and approval of stormwater permits • Possible review and approval water service permits • Possible review and approval of permits • Possible review and approval of permits • Possible review and approval of permits Temecula Regional Hospital Final Supplemental Environmental Impact Report 2-10 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards 3.1 Hazards 3.1.1 Introduction The presence of hazardous materials and other safety hazards has the potential to affect residents, workers, and visitors within and adjacent to a project site. In this case, the court order in the litigation challenging the proposed project found that the original EIR failed to address the potential risk arising from plumes of MTBE in groundwater caused by leaking underground storage tanks at three nearby service stations. The service stations are under an order to clean up the plumes and remediation is ongoing. The issues to be evaluated in this EIR are what risks to patients, staff and visitors to the proposed hospital, if any, might occur if the MTBE plume were to migrate under the proposed hospital site. Because the groundwater will not be used for drinking or any other uses in the proposed hospital, the potential risk of adverse impacts on the patients, staff and visitors to the proposed buildings would arise from toxic vapors that might migrate upward if the MTBE plume migrated under the proposed hospital site. Other than MTBE, the main volatile organic compounds (VOCs) of concern near the proposed project site are total petroleum hydrocarbons as gasoline (TPHg), benzene, tertiary amyl methyl ether (TAME), ethyl tertiary butyl ether (ETBE), and tertiary butyl alcohol (TBA). TPHg is a broad term that describes any of a large family of several hundred chemical compounds that come from crude oil. Exposure to some TPHg compounds can cause various immediate and long-term health problems. Like MTBE, TAME is volatile, flammable, and highly water soluble. ETBE is a gasoline additive that has become more commonly used as MTBE has been taken out of use. It performs the same task as MTBE, reducing air pollution by helping gasoline bum cleaner, but without as many environmental and health ramifications. However, ETBE still has its setbacks. It is highly flammable and can seep into water systems if it leaks into soil. TBA in the groundwater is typically considered a breakdown product of MTBE. Laboratory tests have shown an increase in cancer and thyroid disease when TBA is mixed with drinking water. 3.1.2 Environmental Setting Existing Conditions Aboveground and Underground Storage Tanks The State Water Resources Control Board (SWRCB) administers the petroleum above -ground storage tank (AST) program. The program covers facilities that store petroleum in a single tank, or multiple tanks with an aggregate capacity in excess of 1,320 gallons, and requires that tank owners or operators file a storage statement, pay a facility fee, and prepare and implement a federal Spill Prevention, Control, and Countermeasure (SPCC) Plan. The SPCC Plan must include procedures, methods, and equipment in place at the facility to prevent discharges of petroleum from reaching navigable waters. The RWQCB also administers the UST program. State laws governing USTs specify requirements for permitting, construction, installation, leak detection monitoring, repairs, release reporting requirements, corrective actions, cleanup, and closure. The Riverside County Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-1 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards Environmental Health Department enforces applicable regulations, which include permitting and inspection requirements. The Regional Water Quality Control Board RWQCB is the local enforcement agency for leaking underground storage tanks. For example, the San Diego RWQCB is currently overseeing the investigation and remediation of leaking USTs that resulted in releases near the site. Setting There are three existing or former gasoline service stations within 1,000 feet of the project site with USTs that warrant investigation for soil or groundwater contamination. Due to leaks from these tanks, all have undergone regular groundwater monitoring since 2001. The existing service station locations in relation to the project site are shown on Figure 3.1-1. Chevron Service Station #204029 is located approximately 200 feet southeast, Shell Service Station is located approximately 840 feet east by southeast, and Arco Service Station #5695 is located approximately 240 feet east of the project site.1 Chevron Service Station #204029, 31669 Highway 79 South Chevron Service Station #204029 is located approximately 200 feet southeast of the project site as shown on Figure 3.1-1. The station has six groundwater monitoring wells, and monitoring has been ongoing since at least August 2001. Monitoring and remediation of the Chevron site is under the active jurisdiction and oversight of the San Diego RWQCB. MTBE has been reported at all six wells at some point in the last seven years. MTBE has been reported at a maximum concentration of 1,400 micrograms per liter (µg/L) and TBA has been reported at a maximum concentration of 420µg/L. On January 24, 2007, Holguin, Fahan & Associates sampled groundwater at the Chevron site. Figure 3.1-1 summarizes the recently reported concentrations of concern (CoCos) and depth to groundwater for each well at the service station. MTBE was detected at levels of 11 µg/L and 4 tg/L at two of the six wells, one 300 feet southeast from the project site and the other 255 feet. No other VOCs were detectable at this facility. Based on the project site's gradient and the direction of groundwater flows and the low levels of MTBE detected, the likelihood that MTBE from this service station has migrated onto the project site is very low.2 This opinion, is corroborated by groundwater sampling conducted at the hospital site in 2006. MTBE was not detected in groundwater samples downgradiant from the Chevron release. A report prepared by Holguin, Fahan & Associates (October 2005), provided the following information in connection with the groundwater sampling: • The report concluded that "MTBE concentrations are consistent with the historical levels and show a general overall concentration downward trend." 1 SCS Engineers, Letter Report of Soil Vapor Survey (Survey) and Limited Human Health Risk Assessment (Assessment), September 2007. 2 SCS Engineers, 2007. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-2 ESA/ D207434 January 2008 EXPLANATION S; i Groundwater sample location. Repored groundwater gradient. as reported by Delta Environmental (Shell IJan 20071), Holguin. Fahan. 8 Associates (Chevron [Jan 2007]). and Delta Environmental (ARCO (Jan 20071). SOURCE: SCS Engineers, 2005. 0 125 250 375 Approximate Graphic Scale in Feet Temecula Hospital Supplemental EIR . 207434 Figure 3.1-1 Reported Groundwater Gradient 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards TABLE 3.1-1 GROUNDWATER ANALYTICAL RESULTS SUMMARY CHEVRON SERVICE STATION #204029 Well Number Distance and Depth to Direction from Goundwater Hospital Project (feet) TPHg MTBE TAME ETBE TBA (pgIL) (pgIL) (pgIL) (pgIL) (pgIL) MW -1 300 ft southeast 26.08 <50 11 <2.0 <2.0 <10 MW -2 360 ft southeast 23.93 <50 <2.0 <2.0 <2.0 <10 MW -3 200 ft southeast 24.52 <50 <2.0 <2.0 <2.0 <10 MW -4 320 ft southeast 25.56 <50 <2.0 <2.0 <2.0 <10 MW -5 255 ft southeast 26.80 <50 4 <2.0 <2.0 <10 MW -6 250 ft southeast 25.78 <50 <2.0 <2.0 <2.0 <10 NOTES: Samples collected by Holguin, Fahan & Associates on January 24, 2007. Goundwater samples analyzed via EPA Method 8260B. Approximate distance and direction from project site. pg/L = micrograms per liter. TPHg = Total petroleum hydrocarbons as gasoline. MTBE = Methyl tertiary butyl ether. TAME =tertiary amyl methyl ether. ETBE = ethyl tertiary butyl ether. TBA = tertiary butyl alcohol. SOURCE: Holguin, Fahan & Associates, October 2005. Based on a review of previous reports for the Chevron facility, the MTBE -bearing groundwater is interpreted to have migrated beyond the boundaries of this facility. Based on the reported gradient and the proposed hospital site's proximity to the release, it is possible that the MTBE -impacted groundwater has migrated onto the proposed hospital site. However, MTBE was not currently detected in any current groundwater samples collected from soil boring B9 (Figure 3.1-2) at the hospital site, downgradient from the release in January 2006. Samples were also collected in 2007 and are discussed below. Shell Service Station, 44260 Temecula Parkway The Shell Service Station is located approximately 840 feet east by southeast of the project site as shown on Figure 3.1-1. In September 2001, five groundwater monitoring wells were installed at the facility to investigate possible impacts to soil and groundwater by on-site USTs. Monitoring and remediation of the Shell site is under the active jurisdiction and oversight of the San Diego RWQCB. MTBE was detected in soil and groundwater samples collected during the September 2001 assessment at the Shell site. Additional assessment activities in 2002, 2003, and 2004 have resulted in the installation of an additional 32 groundwater monitoring wells at downgradient locations and the completion of thirty-five cone penetration test (CPT) locations. Groundwater samples collected from the monitoring wells have had reported concentrations of MTBE, TBA, TAME, and ETBE. Quarterly groundwater monitoring and sampling has been conducted at the facility since 2001. Remedial action in the form of groundwater extraction was conducted between May 2002 and June 2003 using a vacuum truck, which extracted a reported 1.6 million gallons of groundwater Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-4 ESA/ D207434 January 2008 SV5 SG5 Oatc 'Depth I BTEXI MTBE 1/3/05 5 ND ND Date /7/16/07 ..„77 7/18/07 SG4 Depth 5,15 VOCs ND MTBE ND 5.15 ND ND SV2 Date 1/3105 Depth BTEX 5 ND MTBENO SG2 Date Depth VOCs MTBE 7/16/07 7/18/07 5,15 ND NO 5,15 NO NO 7 Deplb 5,15 5,15 SV4 SG6 Depth 5,15 5,75 VOCs ND ND VOCs NO ND MTBE ND ND Date Depth BTEX I MTBE 1/3/05 5 ND 1 NO MTBE ND NO SV6 Date 1/3,55 Depth BTEX 5 ND MTBE NO Dare Depth 1 VOCs 1 MTBE SV8 Oslo 1 Depth 1 BTEX MTBE 1/3/05 5 ND ND Date 7/16/07 7/18/07 r Date 8/21/07 8/24/07 SG11 Depth 5,15 5.15 VOCs ND ND MTBE ND ND Depth 5,15 5,15 VOCs ND ND Date 7/16/07 7/18/07 Depth VOCs 5,15 ND 5,15 ND MTBE ND ND Depth 5 BTEX ND MTBEIND Date [ Depth I BTEX 1 MTBE 1/3/05 I 5 I 140 I ND Date 8/21/07 - 8/24/07 SV9 Wit SG3 Date 7/16/07 7/18/07 Depth 5,15 5.15 VOCs ND ND MTBE ND ND Depth 5,15 5,15 Date 1 Depth 1 BTEX 1 MTBE 1/3/05 1 5 1 ND 1 ND Date Depth 7/3/05 5 BTEXI MTBE ND ND EXPLANATION SG3 v005 MU ND NO ,5 to re Date 6/21/07 844/07 SG12 Depth 5,15 5,15 VOCs ND ND MTBE ND ND 0 125 250 375 Approximate Graphic Scale in Feet North Soil vapor sample analyzed for I Soil vapor sample location. volatile organic compunds (VOCs) including benzene, toluene. ethylbenzene, total xylenes (BTEX), and MTBE in general accordance with EPA Method 8260B. Results reported in micrograms per liter of vapor (pg/Lv). NO = not detected above the laboratory reporting limit (1 pg/Lv). Samples SV1 through SV10 collected in January 2006, samples SG1 through SG11 collected in July 2007, and samples SG12, SG13, and SG14 collected in August 2007. All samples collected under the supervision of SCS Engineers. Reported groundwater gradient, as reported by Delta Environmental (Shell [Jan 2007]), Holguin. Fahan. & Associates (Chevron [Jan 2007]), and Delta Environmental (ARCO [Jan 2007]). SOURCE: SCS Engineers, 2005. Temecula Hospital Supplemental EIR . 207434 Figure 3.1-2 Current and Previous Soil Vapor Sampling Locations with Analytical Results 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards containing dissolved -phase petroleum hydrocarbons from the facility. Between May 2003 and November 2004, three groundwater extraction wells and two groundwater injection wells were installed west of the facility as a groundwater remediation system to minimize contaminant migration, and to capture and treat petroleum hydrocarbons migrating in the groundwater from the facility. The groundwater remediation system was in use at the facility from July 2004 to August 2006. In August 2006, the groundwater remediation system was taken offline due to the reduction of MTBE in the Shell Service Station's groundwater monitoring wells network. Evaluation of the possible "rebound" of the contaminants of concern in groundwater is on-going at the facility and reactivation of the remediation system in this area will resume should it be found that these contaminants of concern exceed regulatory limits. As of April 2007, there has been no reported rebound of contaminants of concern at the Shell Service Station. During the first quarter 2007 (January 2007) groundwater was reported to flow to the west and groundwater depth was reported to range between 25 and 28 feet below ground surface (bgs). The monitoring wells closest to the project site that screen what is reported as an upper groundwater zone3 are MW - 22A, MW -23A, MW -24A, and MW -25A. Based on the reported groundwater gradient in the shallow groundwater regime (westerly) and groundwater sample analytical results, MTBE impacted groundwater is potentially migrating onto hospital project at very low concentrations. However, MTBE was not detected in any groundwater samples collected from soil boring B10 (Figure 3.1-3) at the hospital project site, downgradient from this release in January 2006, which is the nearest on-site monitoring well. Ta ble 3.1-2 summarizes the recently reported concentration of the target constituents, approximate distance and direction to the project site, and depth to groundwater for each monitoring well in the immediate vicinity. The samples taken from MW -22A and MW -23A were collected on July 27, 2006, and the samples taken from MW -24A and MW -25A were collected on January 25, 2007 by Delta Environmental. Additional Assessment of the Shell Service Station In January and February 2005, Miller Brooks4 completed eleven CPT borings on the proposed hospital site. Forty groundwater samples were collected and reportedly analyzed for TPHg, benzene, toluene, ethylbenzene, total xylenes (BTEX), MTBE, and other fuel oxygenates. No concentrations of TPHg, benzene, ethylbenzene, TBA, TAME, ETBE, or diisopropyl ether (DIPE) were reported above the laboratory reporting (or "detection") limits. Toluene was reported at concentrations ranging from 0.53 µg/L to 1.1 µg/L. Total xylenes were reported at concentrations ranging from 1.1 µg/L to 2.22 µg/L. Fourteen of the 40 samples collected were reported to contain concentrations of MTBE above the laboratory reporting limits and concentrations ranged from 1.1 µg/L to 77 µg/L. The highest reported concentration of MTBE (77 pg/L) was reported in location CPT -50, at a depth of 33 feet bgs, which is located along the north side Highway 79 South. 3 Miller Brooks reported three groundwater regimes that were investigated: upper, intermediate, and deep. For the purposes of the fate and transport analysis, the analysis focused on the upper groundwater regime, due to its proximity to potential receptors and proposed hospital site buildings. 4 Summary ofAdditional Site AssessmentActivities, Shell Service Station (Formerly Texaco Branded), 44620 RedhawkParkway, Temecula, California, Case NumberR9-2002-0340, Miller Brooks Environmental 2005. Temecula Regional Hospital 3.1-6 Final Supplemental Environmental Impact Report ESA/ D207434 January 2008 BS 8 <0.5 T <0.5 E <0.5 X <1.5 MTBE 1.3 B <0.5 T <0.5 E <0.5 X <1.5 MTBE <1.0 B1 8 T E X MTBE <0.5 <0.5 <0.5 < 1.5 < 1.0 8 <0.5 T <0.5 E <0.5 X <1.5 MTBE <1.0 B <0.5 T <0.5 E <0.5 X <1.5 MTBE <1,0 B9 ES <0.5 T <0.5 E <0.5 X <1.5 MTBE <1.D B <0.5 T <0.5 E <0.5 X <1.5 MTBE <1.0 <0.5 <0.5 <0.5 <1.5 <1.0 B10 B T E X MTBE <0.5 <0.5 <0.5 <1.5 <1.0 EXPLANATION OO Groundwater sample location. B1 B <0.5 T <0.5 E <0.5 X <1.5 MTBE <1.0 Reported groundwater gradient, as reported by Delta Environmental (Shell (Jan 20071), Holguin, Fahan, & Associates (Chevron (Jan 2007)), and Delta Environmental (ARCO (Jan 20071). Groundwater sample analyzed for benzene, toluene, ethylbenzene, total xylenes (BTEX), and MTBE in general accordance with EPA Method 8260B. Results are reported in micrograms per liter (pg/L). Groundwater samples collected by SCS Engineers In January 2005. 0 125 250 375 Approximate Graphic Scale in Feet North SOURCE: SCS Engineers, 2005. Temecula Hospital Supplemental EIR . 207434 Figure 3.1-3 Groundwater Sampling Locations with Analytical Results 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards TABLE 3.1-2 GROUNDWATER ANALYTICAL RESULTS SUMMARY SHELL SERVICE STATION Well Number Distance and Depth to Direction from Goundwater Hospital Project (feet) TPHg MTBE TAME ETBE TBA (pgIL) (pgIL) (pgIL) (pgIL) (pgIL) MW -22A 140 ft southeast 22.72 <50 4.7 <2.0 <2.0 <10 MW -23A 130 ft southeast 22.46 <50 7.0 <2.0 <2.0 <10 MW -24A 10 ft southeast 24.00 <50 2.3 <2.0 <2.0 <10 MW -25A 90 ft southeast 24.56 <50 <1.0 <2.0 <2.0 <10 NOTES: Samples from MW -22A and MW -23A collected on July 27, 2006, and samples from MW -24A and MW -25A collected on January 25, 2007 by Delta Environmental. Samples reportedly not collected for the last two sampling events from MW -22A and MW -23A because wells were inaccessible. Goundwater samples analyzed via EPA Method 8260B. Approximate distance and direction from project site. pgIL = micrograms per liter. TPHg = Total petroleum hydrocarbons as gasoline. MTBE = Methyl tertiary butyl ether. TAME = tertiary amyl methyl ether. ETBE = ethyl tertiary butyl ether. TBA = tertiary butyl alcohol. SOURCE. Delta Environmental. The above -referenced Shell property site assessment report, prepared by Miller Brooks (August 2005), concluded the following information in connection with the CPT sampling: • There does not appear to be the discrete water -bearing zones (upper [20 feet to 26 feet bgs], intermediate [30 feet to 75 feet bgs], and deeper [deeper than 75 feet bgs]) as previously observed in CPT profiling conducted on the Vail Ranch Shopping Center and Redhawk Parkway. • Pore pressure dissipation tests from these four CPTs (CPT -46, CPT -47, CPT -49, and CPT -53) indicated that the depth to groundwater ranged from approximately 8 to 18 feet bgs, however, no groundwater was encountered at these depths during groundwater sampling activities. In other words, the geology varies around the proposed hospital site. Based on work done by other consultants, the groundwater at the proposed hospital site was reported to vary from 8 to 18 feet below grade. However, based on permanent groundwater monitoring wells located in the proposed hospital site vicinity and on the proposed hospital site itself, the depth to groundwater is approximately 24 to 30 feet bgs. Based on the reported groundwater sample analytical data and gradient from this report, MTBE impacted groundwater has migrated onto the southern edge of the proposed project site. Arco Service Station #5695, 44239 Margarita Parkway Arco Service Station #5695 is located approximately 240 feet east of the proposed hospital site. Delta Environmental collected 28 soil samples in June 2000 during a dispenser upgrade at the Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-8 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards Arco station. Monitoring and remediation of the Arco site is under the active jurisdiction and oversight of the San Diego RWQCB. The soil samples were reported to contain concentrations ranges as follows: TPHg (1.1 mg/kg to 1,300 mg/kg), benzene (1.3 mg/kg), toluene (0.012 mg/kg to 20 mg/kg), ethylbenzene (0.014 mg/kg to 47 mg/kg), total xylenes (0.029 mg/kg to 105 mg/kg), and MTBE (0.011 mg/kg to 43 mg/kg). In January 2001, Secor International Incorporated installed three monitoring wells (MW1, MW2, and MW3) at the proposed hospital site. Soil samples collected during the installation of the wells were reported to contain concentrations of MTBE above the laboratory reporting limit. Groundwater samples collected from three wells all were reported to contain MTBE concentrations above the laboratory reporting limits. In February 2001, Secor advanced six CPT borings (CPT -1 though CPT -6) at the Arco facility, soil and groundwater samples were collected and tested for TPHg, BTEX, and MTBE, ETBE, TAME, TBA, and DIPE. MTBE was reported to be above the laboratory reporting limit in soil samples collected from two of the six CPT locations, and was reported in groundwater samples collected from all CPT locations. TBA was also reported in one groundwater sample collected from the CPT locations. Between April 2001 through February 2003, Secor completed thirteen additional CPT borings (CPT -7 though CPT -17, CPT -18, and CPT -19) and installed eleven groundwater monitoring wells (MW4 through MW14). Groundwater samples collected from the monitoring wells MW1, MW2, MW3, MW5, MW6, MW7, MW8, and MW9 have been reported to have concentrations of MTBE above the laboratory reporting limit at some period since quarterly monitoring began at the proposed hospital site. In November 2002, a remediation system was installed which consisted of groundwater extraction pumps. Groundwater collected from the remediation system was stored in Baker tanks though June 2003, and the groundwater was disposed of off-site. In June 2003, three groundwater injection wells (IW -1, IW -2, and IW -3) were installed along Dartola Road, which abuts the eastern edge of the proposed hospital site. Since the third quarter 2003, groundwater pumped from the proposed hospital site remediation system has been treated and then reinjected into the subsurface using the three groundwater injection wells, which further minimizes contaminant migration to the proposed project site. As of the first quarter 2007, the Arco site has a monitoring well network consisting of thirteen groundwater monitoring wells. Three additional groundwater monitoring wells (MW -10S -A, MW -10S -B, and MW -10D) were destroyed in December 2006 to accommodate construction on the property to the north. Groundwater monitoring has been on-going since February 2001, and MTBE has been detected at a maximum concentration of 1,900 micrograms per liter (tg/L). During the first quarter 2007 groundwater5 was reported to flow to the west- northwest and groundwater was reported to range between 25.83 and 27.83 feet bgs in the 5 Atlantic Richfield Company Quarterly Report First Quarter 2007, Arco Service Station #5695, 44239 Margarita Parkway, Temecula, CA, Secor International Incorportated, 2007. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-9 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards shallow aquifer zone. Based on the reported groundwater flow direction and groundwater sample analytical results, MTBE impacted groundwater is likely to be migrating towards the proposed hospital site as a result of this release. However, MTBE was not detected in any groundwater samples collected from soil boring B10 (Figure 3.1-3) at the site, downgradient from this release in January 2006, which is the nearest on-site monitoring well. Ta ble 3.1-3 summarizes the recently reported concentration of the target constituents, approximate distance and direction to the project site, and depth to groundwater for all wells in the immediate vicinity of the Arco site. TABLE 3.1-3 GROUNDWATER ANALYTICAL RESULTS SUMMARY ARCO SERVICE STATION #5695 Distance and Depth to Well Direction from Groundwater TPHg MTBE TAME ETBE TBA Number Hospital Site (feet) (NgIL) (pgIL) (pgIL) (pgIL) (pgIL) MW -1 305 ft east 27.17 <50 16 <2.0 <2.0 25 MW -2 325 ft east 26.02 <50 1.6 <5.0 <5.0 <25 MW -3 330 ft east 26.38 280 1.9 <5.0 <5.0 <25 MW -4 340 ft east 26.13 <50 3.3 <5.0 <5.0 <25 MW -5 350 ft east 27.70 <50 <1.0 <5.0 <5.0 <25 MW -6 315 ft east 27.83 <50 2.2 <5.0 <5.0 <25 MW -7 370 ft east 27.32 <50 19 <5.0 <5.0 <25 MW -8 270 ft east 27.75 <50 0.75J <5.0 <5.0 <25 MW -9 225 ft east 26.90 <50 6.3 <5.0 <5.0 <25 MW -11 340 ft east 46.93 <50 <1.0 <5.0 <5.0 <25 MW -12 230 ft east 45.93 <50 <1.0 <5.0 <5.0 <25 MW -13 250 ft east 25.53 <50 <1.0 <5.0 <5.0 <25 MW -14 200 ft east 26.91 <0.32 <1.0 <1.0 <5.0 <5.0 NOTES: Samples collected by Holguin, Fahan & Associates on January 24, 2007. Goundwater samples analyzed via EPA Method 8260B. Approximate distance and direction from project site. pglL = micrograms per liter. TPHg = Total petroleum hydrocarbons as gasoline. MTBE = Methyl tertiary butyl ether. TAME = tertiary amyl methyl ether. ETBE = ethyl tertiary butyl ether. TBA = tertiary butyl alcohol. SOURCE: SCS Engineers Previous Hospital Project Site Investigative Activities Soil Vapor Survey In January 2006, a soil vapor survey was performed in order to assess the possible presence and concentration of BTEX and MTBE in the subsurface soil vapor in the vicinity of the footprint of the proposed buildings at the proposed hospital site. Soil vapor samples were collected from seven locations within the footprint of the proposed site buildings (SV 1 through SV6, and SV8). Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-10 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards Three additional sampling locations (SV7, SV9, and SV10) were located in the southwest portion of the proposed hospital site in an attempt to intercept the off-site MTBE groundwater plume that was thought to have been intruding onto the proposed hospital site. The samples collected from locations SV1 through SV 10 reported no detectable concentrations of BTEX or MTBE above laboratory detection limits. The locations of the soil vapor samples are shown in Figure 3.1-2. Groundwater Sampling In July 2006, SCS Engineers bored ten groundwater sampling locations in the vicinity of the proposed hospital site, and in places most likely to intercept migrating MTBE contaminated building footprints (B1 -B6, and B8), and the other three were drilled in the southwest corner of the proposed hospital site (B7, B9, and B10) with the goal of intercepting the possible MTBE groundwater plume from the nearby service stations (Figure 3.1-3). Groundwater samples were collected using a Hydropunch® sampler and analyzed at an on-site state -accredited mobile laboratory. The samples were analyzed in accordance with U.S. Environmental Protection Agency (EPA) Method 8260B for BTEX and MTBE. MTBE was detected in groundwater at boring B5 at a concentration of 1.3 ug/L, and was the only boring to have a VOC at a detectable concentration. MTBE was detected in groundwater at boring B5 (see Table 3.1-4) at a concentration of 1.3 µg/L, and was the only boring to have a VOC at a detectable concentration. TABLE 3.1-4 GROUNDWATER ANALYTICAL RESULTS SUMMARY PROJECT SITE Sample Benzene Toluene Ethyl -Benzene Total Xylenes MTBE Number (pgIL) (pgIL) (pgIL) (pgIL) (pgIL) B1 <0.5 <0.5 <0.5 <1.5 <1.0 B2 <0.5 <0.5 <0.5 <1.5 <1.0 B3 <0.5 <0.5 <0.5 <1.5 <1.0 B4 <0.5 <0.5 <0.5 <1.5 <1.0 B5 <0.5 <0.5 <0.5 <1.5 1.3 B6 <0.5 <0.5 <0.5 <1.5 <1.0 B7 <0.5 <0.5 <0.5 <1.5 <1.0 B8 <0.5 <0.5 <0.5 <1.5 <1.0 B9 <0.5 <0.5 <0.5 <1.5 <1.0 B10 <0.5 <0.5 <0.5 <1.5 <1.0 NOTES: Samples collected by Environmental Business Solutions in July, 2006. pgIL = micrograms per liter <1 = Not reported at concentrations greater than the indicated reporting limit ND = Not reported at concentrations greater than the laboratory reporting limit. BTEX = Benzene, toluene, ethylbenzene. And total xylenes. MTBE = Methyl tertiary butyl ether. BTEX and MTBE analyzed in general accordance with EPA Method 8260B. SOURCE: SCS Engineers Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-11 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards 3.1.3 Impacts and Mitigation Measures Significance Criteria The CEQA Guidelines Appendix G provides guidance for assessing the significance of potential environmental impacts. Relative to hazards and hazardous materials, a project will normally have a significant effect on the environment if it will: • Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials; • Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment; • Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; • Be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment; • For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area; • For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area; • Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; or • Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Impact Assessment and Methodology In July 2007, SCS Engineers assessed the proposed hospital site to evaluate certain environmental conditions in the shallow subsurface soil vapor. The objectives of the scope of services described in their report were to: • Assess the extent and concentration of VOCs including MTBE in soil vapor in selected locations of the proposed hospital site. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-12 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards • Assess the likelihood of a (significant6) human health risk in association with detected VOCs and MTBE due to the upward migration of soil vapors containing elevated concentrations of petroleum hydrocarbons.? SCS Engineers conducted a soil vapor survey at the proposed hospital site on July 16 and 18, 2007, to assess whether or not any VOCs, specifically MTBE, were present and, if so, in what concentrations. The soil vapor samples were collected from 14 locations (SG1 through SG14) within the proposed hospital site boundaries (see Figure 3.1-2). Additional soil vapor samples were collected on August 21 and 24, 2007. Sample locations SG12, SG13 and SG14 were located at in the southwest portion of the proposed hospital site in an attempt to intercept the off-site MTBE groundwater plume that may have migrated onto the propose hospital site. The locations of the soil vapor samples are shown on Figure 3.1-2. The soil vapor samples were collected in accordance with California Department of Toxic Substance Control DTSC guidelines. Prior to collecting a soil vapor sample, a one -inch diameter hole was drilled at each sampling location. Then, a soil vapor probe was inserted and a soil well constructed. Soil samples were collected at depths of approximately 5 and 15 ft bgs at each sampling site. They were then analyzed by a technician from H&P Mobile Geochemistry in a state -accredited on-site mobile laboratory. Soil vapor drilling equipment was either cleaned or changed out between each soil vapor probe to minimize the likelihood of cross -contamination. Below are the results of the SCS survey. No MTBE or any other analytes were detected at concentrations above the laboratory reporting limits. Detection limits refer to a minimum concentration of an analyte that can be measured above the instrument background noise. Reporting limits (quantitation limits) refer to a minimum concentration of an analyte that can be measured within specified limits of precision and accuracy. Thus, when quantitation limits are used as reporting limits, the laboratory concludes that the analyte is not present in a sufficient amount to be reliably quantified. Therefore, a compound could be present below the reporting limit and above the method detection limit; however, it can not be measured with an accuracy or precision. Hypothetical Health Risk Scenarios In the order to better understand the hypothetical risk of MTBE -bearing groundwater migrating from off-site sources onto the proposed hospital site and under the proposed buildings, several scenarios were evaluated based on data collected from the groundwater monitoring well networks associated with the gas stations in the proposed hospital site's vicinity. All scenarios were modeled using the DTSC Screening -Level Model for Groundwater Contamination, last modified January 21, 2005, which is based on the Johnson -Ettinger vapor intrusion model. The default values were used for most parameters to be conservative. The following assumptions were used to estimate health risk: 6 The criterion used in this analysis is one in a million (1.0 E-6) excess lifetime cancer risk (ECR). A high likelihood of risk above this threshold is defined as "significant." For the purposes of this limited health risk assessment, a commercial land use, consistent with the Site's current zoning, is assumed. 7 SCS Engineers, 2007. Temecula Regional Hospital 3.1-13 Final Supplemental Environmental Impact Report ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards • The MTBE concentrations in groundwater were conservatively assumed to occur uniformly across the proposed hospital site. • A residential adult exposure scenario was used in which the adult worker weighs 70 kilograms, and works at the proposed hospital site for 350 days a year per year for 30 years. Please note, the DTSC model incorporates a 24-hour exposure period and thus the realistic exposure period is overestimated by at least a factor of two.8 • The calculations used in the health risk analysis use standard (DTSC defaults for soil type) physical parameters to describe soil conditions (37 percent total porosity and a dry bulk density of 1.66 grams per cubic centimeters).9 • The DTSC default soil gas advection rate (flow rate) of 5 liters per minute for every 100 square meters of floor area was used. The soil advection rate was estimated for the tower building (approximately 16,555 square meters) and the proposed cancer center building (approximately 743 square meters) to be approximately 827 liters per minute (L/m) for the tower building and 37 L/m for the cancer center building. The flow of soil gas (advection) in the subsurface may be caused by gas -pressure gradients or, in certain cases, gas density gradients. Pressure -driven advection is produced when differences in soil -gas pressure form, causing soil gas to flow and carrying any vapors present with it. Air pressure gradients in the subsurface of natural systems may result from several phenomena. As diurnal or weather-related atmospheric pressure cycles occur at land surface, pressure waves are transmitted into the unsaturated zone and air may flow in response; a process known as barometric pumping. • Both carcinogenic and noncarcinogenic health risks were estimated. Of the VOCs reported in the groundwater, only MTBE is considered a potential carcinogen.'° • The calculations used depth to groundwater of 26 feet bgs across the proposed hospital site, which SCE believes is reasonable based on a review of groundwater data in the proposed hospital site's vicinity.11 Scenario 1 MTBE -bearing groundwater has migrated onto the proposed hospital site from the southeast. There are four monitoring wells along the southern edge of the proposed hospital property that screen the shallow groundwater (MW -24A, MW26A, MW -27A, and MW -28A). Monitoring well MW -28A is located along the southern border of the proposed hospital site, at the approximate mid -point of the southern proposed hospital site boundary, and has had the highest reported concentration of MTBE out of the four wells. The highest reported concentration of MTBE in this well has been 97 tg/L in July 2006, which subsequently decreased to 55 µg/L in April 2007. 8 The DTSC document references the "residential exposure duration" on page 56 of the attached document, when they reference: EPA 1996, Soil Screening Guidance: User's Guide. EPA1540/R-96/018. Office of Solid Waste and Emergency Response. Washington, DC. U.S. EPA 1996, Soil Screening Guidance: Technical Background Document. EPA/540/R-95/128. Office of Solid Waste and Emergency Response. Washington, DC. 9 A discussion of each parameter and some of the likely inputs is provided in DTSC's "HERD REP JE Users Guide.pdf' 10 EPA 11 Groundwater depth chosen based on historical data that was representative and conservative for the property. Temecula Regional Hospital 3.1-14 Final Supplemental Environmental Impact Report ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards Using the maximum concentration reported in this well (97 µg/L) and assuming a conservative residential use risk scenario (350 days a year for 30 -year exposure scenario), the DTSC model indicated less than significant cancer risks of 1.1E-07. These cancer risks are almost one order of magnitude below the typical risk threshold of 1E-06 (one in a million). The risk of non -cancer health effects is also less then significant based on a Hazard Index of 3.2E-04, well below the typical risk threshold of one. Scenario 2 MTBE -bearing groundwater has migrated onto the proposed hospital site from the east. Monitoring well MW -14 is upgradient from the hospital property, located approximately 470 feet east of the proposed cancer center in the eastern portion of the property along Dartolo Road. This is the closest well to the proposed hospital site associated with the Arco Service Station monitoring well network. In April 2007, the concentration of MTBE in MW -14 was reported to be 1.3 ug/L, which is the highest reported concentration since the installation of this well. Assuming the same conservative residential use risk scenario (350 days a year for 30 -year exposure scenario) as Scenario 1, the DTSC model indicated less than significant cancer risks of 1.4E-09. These cancer risks are almost two orders of magnitude below the less than significant risk threshold of 1E-06 (one in a million). The risk of non -cancer health effects is also less than significant based on a Hazard Index of 4.2E-06, well below the typical risk threshold of one. The Excel spreadsheets for the risk calculations associated with MTBE (obtained from the DTSC website) are presented in Appendix C of this SEIR. Findings and Recommendations No detectable concentrations (collected from SG1 through SG14) of VOCs or MTBE were reported in soil vapor beneath the proposed hospital site building footprints (Table 3.1-5 and Figure 3.1-2). Because none of the target analytes (VOCs or MTBE) were detected, SCS concluded that there is a less than significant risk of exposure to benzene or MTBE resulting from soil vapor migration and flux, and a less than significant related human health risk. Based on the review of the ongoing groundwater assessment work being conducted by others in the proposed hospital site's vicinity, SCS concluded in their recent analysis that MTBE -bearing groundwater may have migrated onto the proposed hospital site along southern boundary. However, based on the previous and current soil vapor sampling, there is a less than significant related human health risk at the proposed hospital site because of the possible presence MTBE - bearing groundwater beneath the proposed hospital site. Additionally, MTBE has been phased - out as a fuel additive in the State of California. Since MTBE is no longer used in gasoline fuel distributed in California, it is unlikely that additional releases of MTBE will occur from the USTs in the proposed hospital site vicinity. With the reduction of the MTBE sources in the proposed hospital site vicinity, along with ongoing remediation activities at the three USTs sites in the vicinity, MTBE concentrations in groundwater will likely continue to decrease; this Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-15 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards TABLE 3.1-5 2007 SOIL VAPOR SAMPLE ANALYTICAL RESULTS Sample Number Sample Depth Benzene Toluene Ethyl -Benzene Total Xylenes MTBE (feet below grade) (AWL) (ugIL) (/cgIL) (/cg/L) ({cgIL) Other VOCs 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG1 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG2 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG3 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG4 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG5 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG6 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG7 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG8 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG9 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG10 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG11 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG12 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG13 15 <0.1 <1.0 <1.0 <3 <1.0 ND 5 <0.1 <1.0 <1.0 <3 <1.0 ND SG14 15 <0.1 <1.0 <1.0 <3 <1.0 ND NOTES: Samples SG1 through SG11 collected by SCS Engineers on July 16 and 18, 2007. Samples SG12, SG13, and collected by SCS Engineers on August 21 and 24, 2007. ,ug/L = micrograms per liter. <1 = Not reported at concentrations greater than the indicated reporting limit. ND = Not report at concentrations greater than the laboratory reporting limit. BTEX = Benzene, toluene, ethylbenzene, and total xylenes. MTBE = Methyl tertiary butyl ether. BTEX and MTBE analyzed in general accordance with EPA Method 8260B. SOURCE: SCS Engineers Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-16 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards hypothesis is corroborated by the decreasing concentration trend exhibited in the monitoring wells adjacent to the proposed hospital site (MW -24A, MW -25A, MW26A, MW -27A, MW -28A, and MW -14). For illustration purposes, according to the EPA on non -occupational exposures, various studies that have collected personal breathing zone samples of MTBE during gasoline refueling suggest that such exposures, which typically amount to two to five minutes in duration, may range as high as 2 to 32 ppm MTBE; however, most of the data for exposure during refueling are below 10 ppm for 1 to 20 minute sampling periods.12 The MTBE concentrations used in the hypothetical scenarios above included maximum reported concentrations of 97 ug/L or 0.097 ppm. As mentioned above, MTBE -bearing groundwater may have migrated onto the proposed hospital site along southern boundary. However, to address the concern that MTBE in groundwater may pose a health risk via vapor intrusion into the hospital in the event that MTBE does migrate on - proposed hospital site from the east (Arco Service Station) or from the southeast (Chevron and Shell Service Stations) under the future hospital buildings several scenarios, based on highest reported actual MTBE concentrations near the proposed hospital site were modeled to better understand the hypothetical risk. Concentrations of MTBE in the monitoring wells MW -24A, MW -25A, MW26A, MW -27A, MW -28A, and MW -14 (closest monitoring wells to the proposed hospital site) have been decreasing or are below the MCLs for drinking water, making these scenarios even more conservative than current conditions at the property. Based on the modeling for these scenarios the concentrations of MTBE in groundwater would have to increase by one to two orders of magnitude before the model predicts there is even the potential for a significant health risk.13 The risk assessment standards for soil vapor and cleanup levels for groundwater, although both based on health risk studies, including potential carcinogenic affects, are different. Maximum Contaminant Levels (MCLs) are a standard for drinking water set by the EPA in accordance with the Safe Drinking Water Act and enforced in California by the Department of Health Services. The proposed project site's primary contaminant of concern is MTBE, which has a primary MCL of 13 ug/L and a secondary MCL of 5 ug/L, meaning that a water purveyor can provide water to a customer with MTBE up to 13 ug/L without advisory for health concerns and 5 ug/L for taste and odor. Impacts and Mitigation Measures Although no detectable concentrations of MTBE or VOCs were found, Mitigation Measures 3.3-1 and 3.3-2 below shall be implemented if these constituents were detected in groundwater and vapor beneath the proposed hospital site buildings during construction. Again, the above- mentioned hypothetical scenarios showed that the necessary levels of MTBE to hypothetically percolate up into the buildings to cause a significant risk would need to be of orders of magnitude higher than has ever been seen in the adjacent site vicinity. Since MTBE is no longer used in 12 Potential Health Effects of Oxygenated Gasoline, http://www.epa.gov/otaq/regs/fuels/ostp-4.pdf 13 Orders of magnitude are generally used to make very approximate comparisons. If two numbers differ by one order of magnitude, one is about ten times larger than the other. Temecula Regional Hospital 3.1-17 Final Supplemental Environmental Impact Report ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards gasoline fuel distributed in California, it is unlikely that additional releases of MTBE will occur from the USTs in the proposed hospital site vicinity. With the reduction of the MTBE sources in the proposed hospital site vicinity, along with ongoing remediation activities at the three USTs sites in the vicinity, MTBE concentrations in groundwater will likely continue to decrease; this hypothesis is corroborated by the decreasing concentration trend exhibited in the monitoring wells adjacent to the proposed hospital site (MW -24A, MW -25A, MW26A, MW -27A, MW -28A, and MW -14). Impact 3.1-1: Potential that existing and/or previously unidentified contamination could be encountered during project site preparation and construction activities. As described above in the environmental setting section, the proposed hospital site is within 1,000 ft of three service stations. However, according to soil vapor samples taken on July 16 and 18, 2007 and again on August 21 and 24, 2007, there were no detectable concentrations of gasoline constituents such as volatile organic compounds VOCs or MTBE at the proposed hospital site. Sampling was done at two depths, 5 and 15 feet bgs in accordance with the DTSC guidance. It is possible but unlikely that, contaminated soil could be at further distances below ground surface. Encountering contaminated soil, surface water, and groundwater without taking proper precautions during project construction could result in the exposure of construction workers and consequently result in associated significant adverse human health and environmental impacts. Petroleum hydrocarbons appear to be present in subsurface soils in the area of the off-site USTs; however, considering lack of any evidence of contaminated soil on the proposed hospital site based on SCS Engineers investigations and, the potential for contamination is likely to be localized around the off-site USTs, and is unlikely to be present at the proposed hospital site, as evident by groundwater samples with no detectable concentrations of gasoline or its constituent components. Conclusion: Less than significant. Mitigation Measure 3.1-1: Petroleum affected soils at the proposed hospital site if any, (e.g., where stained or odiferous soils are encountered) shall be segregated, stockpiled on-site, and sampled prior to disposal at an appropriate facility, as required by the respective disposal facility. All contaminated soils shall be disposed of off-site in accordance with applicable local, state, and federal laws regulating the transport and disposal of hazardous and non -hazardous materials. These materials shall be transported to a permitted disposal facility by a licensed waste hauler. Significance after Mitigation: Less than significant. Impact 3.1-2: Potential that hazardous materials could be released during the site preparation and construction activities. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-18 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.1 Hazards The construction phase of the proposed project will include major excavation and grading. Disturbance of the proposed hospital site's soil could expose construction workers, the public, or the physical environment to adverse health conditions due to the presence of hazardous materials such as gasoline constituents including MTBE and other VOCs. The potential for encountering these contaminants existing at the project site is considered to be unlikely. Compliance with local, state, and federal regulations regarding the handling and disposal of these hazardous substances is considered adequate to reduce potential impacts to less than significant levels. Therefore, implementation of the following procedures requiring compliance with applicable regulations would reduce potential impacts to less than significant levels. Conclusion: Less than significant. Mitigation Measure 3.1-2: Prior to the issuance of any encroachment permit for the project, a detailed soil, groundwater, and soil vapor sampling program shall be conducted for the proposed hospital site. Any identified MTBE- or other VOC-impacted soil shall be removed, handled, and properly disposed of by appropriately licensed and qualified individuals in accordance with applicable regulations during demolition of structures. The project applicant shall provide documentation (for example, all required waste manifests, sampling, and soil monitoring test results) to the City of Temecula showing that abatement of any MTBE- or other VOC-containing soil identified in the project site has been completed in full compliance with all applicable regulations and approved by the appropriate regulatory agency(ies) (40 CFR, Subchapter R, TSCA, Parts 790, 792, 797, 798, and 799 and CCR Title 8, Article 2.6). Significance after Mitigation: Less than significant. References EPA 1996, Soil Screening Guidance: User's Guide. EPA/540/R-96/018. Office of Solid Waste and Emergency Response. EPA, Methyl Tertiary Butyl Ether (MTBE), http://www.epa.gov/mtbe/water.htm, March 2006. Potential Health Effects of Oxygenated Gasoline, http://www.epa.gov/otaq/regs/fuels/ostp-4.pdf SCS Engineers, Letter Report of Soil Vapor Survey (Survey) and Limited Human Health Risk Assessment (Assessment), September 2007. Washington, DC. U.S. EPA 1996, Soil Screening Guidance: Technical Background Document. EPA/540/R-95/128. Office of Solid Waste and Emergency Response. Washington, DC. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.1-19 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise 3.2 Noise 3.2.1 Approach to Analysis The purpose of this section is to identify, describe, and evaluate noise sources and potential noise impacts associated with the construction of the proposed Temecula Regional Hospital and the sirens that will transport emergency patients to the hospital. This study also address traffic noise impacts based on the updated traffic study prepared for this SEIR by Linscott, Law & Greenspan Engineers. The project has not changed since the circulation of the original EIR and other noise issues arising from operation of the project, such as the use of helicopters, loading dock activities, mechanical equipment, loading dock activities, parking lot activities, trash pickups and landscaping maintenance were adequately covered in the original EIR and therefore are not addressed in this section. Noise Principles and Descriptors The original EIR provided a detailed background that describes how noise is measured, and how different types of noise measurements are used to reflect typical noise fluctuations over time. In general, the typical human ear is not equally sensitive to all frequencies of the audible sound spectrum. As a consequence, when assessing potential noise impacts, sound is measured using an electronic filter that de-emphasizes the frequencies below 1,000 Hertz (Hz) and above 5,000 Hz in a manner corresponding to the human ears decreased sensitivity to low and extremely high frequencies instead of the frequency mid-range. This method of frequency weighting is referred to as A -weighting and is expressed in units of A -weighted decibels. Frequency A -weighting follows an international standard methodology of frequency de -emphasis and is typically applied to community noise measurements. Some representative noise sources and their corresponding A -weighted noise levels are shown in Figure 3.2-1. Noise Exposure and Community Noise As described in the original EIR, ,an individual's noise exposure is a measure of noise over a period of time. A noise level is a measure of noise at a given instant in time. The noise levels presented in Figure 3.2-1 are representative of measured noise at a given instant in time, however, they rarely persist consistently over a long period of time. The State Department of Aeronautics and the California Commission on Housing and Community Development have adopted the community noise equivalent level (CNEL). This measure weights the average noise levels for the evening hours (7:00 pm to 10:00 pm), increasing them by 5 dB, and weights the late evening and morning hour noise levels (10:00 pm to 7:00 am) by 10 dB. The daytime noise levels are combined with these weighted levels and are averaged to obtain a CNEL value. Figure 3.2-2 indicates the outdoor CNEL at typical locations. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-1 ESA / D207434 January 2008 \ \ a ƒ2 >| | | li1-1 1 5 } / •0 # j e I | { | | 1 { | | | Small town cul-de-sa Ts c g. k{ \ R R R @ 9 @ @ \1 } y } if ƒ } } l L $ L { 3 / Z ! ! % ƒ ! ! 4. % ! ! - ) / / = 0 { k § * ( - - ! : ° / ) } ) •7 ) \ ) ) ) } ® u \ —1-40 dB(A) . . 6 R Common CNEL Noise Exposure Levels at Various Locations Common Noise Sources and A -Weighted Noise Levels and 7C=2 q G 0 Rnw# ®>o \c13\ qR Eta_ \: f / (0 W z ca ) /\ 4 < e \ 0)/ ƒ\ \ 0 =j \k =0 EE 0o 0 SOURCE: Wieland Associates, Inc., 2005 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise Ambulance Siren Noise To better analyze impacts for the proposed project, ambulance siren noise is also addressed. Ambulance siren noise is different than other community noise as it is not experienced over a long amount of time. To measure ambulance siren noise, the single event noise exposure level (SENEL) needs to be calculated. SENEL quantifies the duration and magnitude of a single event. However, there are two main factors that can affect an ambulance siren's SENEL. The speed of an ambulance can affect the duration as a faster ambulance passes by more quickly, and the angle at which the ambulance passes by can affect the magnitude. An ambulance that is directly behind a person is much louder than if the same ambulance was to the person's side (i.e., a 0 angle versus a 90 angle). Ambulance sirens are a unique source of noise in that they are designed and intended to be "noisy". Sirens signify a warning that an emergency vehicle is approaching and that human life is at stake. The rules of the road require that drivers respond to such sirens (e.g., by "pulling over"). In order to analyze the noise levels that will be experienced within the study area as a result of ambulance sirens, it was necessary to obtain measurements of typical operations. However, authorities would not permit the operating of ambulances with sirens on the local streets unless under emergency conditions, and it was not practical to wait for ambulances to pass by on the street segments considered in this study. Therefore, controlled tests were conducted with the assistance of the City and American Medical Response (AMR), an operator of ambulance services in Temecula. These tests were conducted at a sports park within the City on July 17, 2007, by Wieland Associates. During the tests, the ambulance remained stationary and the siren was operated continuously while noise measurements were obtained at various distances and at various orientations relative to the location of the sirens behind the front grille of the ambulance. At each distance and orientation, the maximum, minimum and average noise levels were noted. Two siren settings were measured during the testing: "wail" and "yelp." The "wail" setting is the most typically used setting, and is used when maneuvering through traffic. The "yelp" setting is only used in extremely heavy traffic or at intersections when it is necessary to encourage drivers to make room for the ambulance to pass by. The results of the July 17th ambulance test are presented in the Table 3.2-1 below.' TABLE 3.2-1 SUMMARY OF SIREN NOISE MEASUREMENTS ORIENTATION MEASURED NOISE LEVEL AT 50' FROM SIRENS, dBA "Wail" Setting "Yelp" Setting Max. Min. Ave. Max. Min. Ave. 0° (front) 117.6 109.2 113.4 117.5 112.9 113.6 45° 110.2 99.8 104.7 106.7 102.1 103.5 90° (side) 93.9 85.8 91.9 93.7 91.3 92.2 135° 95.9 88.8 90.9 88.9 83.9 85.5 180° (rear) 95.4 89.4 92.3 94.2 90.9 92.5 NOTES: Tests were performed by Wieland Associates, Inc. on July 17, 2007. A sound level meter (Model 824) and an acoustical calibrator (Model CAL250) were used to obtain noise measurements. All instruments meet the requirements of the American National Standards Institute (ANSI). SOURCE: Wieland Associates, Inc., 2007. 1 Wieland Associates, Inc., Supplemental Environmental Noise Study for the Temecula Regional Hospital in Temecula, October 19, 2007. Temecula Regional Hospital 3.2-3 Final Supplemental Environmental Impact Report ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise Effects of Noise on People The effects of noise on people can be placed into three categories: • Subjective effects of annoyance, nuisance, dissatisfaction; • Interference with activities such as speech, sleep, learning; and • Physiological effects such as hearing loss or sudden startling. Environmental noise typically produces effects in the first two categories. Workers in industrial plants can experience noise in the last category. There is no complete satisfactory way to measure the subjective effects of noise, or the corresponding reactions of annoyance and dissatisfaction. A wide variation in individual thresholds of annoyance exists, and different tolerances to noise tend to develop based on an individual's past experiences with noise. Thus, an important way of predicting a human reaction to a new noise environment is the way it compares to the existing environment to which one has adapted: the so called "ambient noise" level. In general, the more a new noise exceeds the previously existing ambient noise level, the less acceptable the new noise will be judged by those hearing it. With regard to increases in A -weighted noise level, the following relationships occur: • Except in carefully controlled laboratory experiments, a change of 1 dBA cannot be perceived; • Outside of the laboratory, a 3-dBA change is considered a just -perceivable difference; • A change in level of at least 5 dBA is required before any noticeable change in human response would be expected; and • A 10-dBA change is subjectively heard as approximately a doubling in loudness, and can cause adverse response. These relationships occur in part because of the logarithmic nature of sound and the decibel system. The human ear perceives sound in a non-linear fashion; hence the decibel scale was developed. Because the decibel scale is based on logarithms, two noise sources do not combine in a simple additive fashion, rather logarithmically. For example, if two identical noise sources produce noise levels of 50 dBA the combined sound level would be 53 dBA, not 100 dBA. Noise Attenuation Stationary point sources of noise, including stationary mobile sources such as idling vehicles, attenuate (lessen) at a rate between 6 dBA for hard sites and 7.5 dBA for soft sites for each doubling of distance from the reference measurement. Hard sites are those with a reflective surface between the source and the receiver such as parking lots or smooth bodies of water. No excess ground attenuation is assumed for hard sites and the changes in noise levels with distance (drop-off rate) is simply the geometric spreading of the noise from the source. Soft sites have an absorptive ground surface such as soft dirt, grass or scattered bushes and trees. In addition to geometric spreading, an excess ground attenuation value of 1.5 dBA (per doubling distance) is normally assumed for soft sites. Line sources (such at traffic noise from vehicles) attenuate at a Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-4 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise rate between 3 dBA for hard sites and 4.5 dBA for soft sites for each doubling of distance from the reference measurement.2 3.2.2 Environmental Setting Regulatory Setting The original EIR provides a description of federal, state, and local regulations that apply to the Temecula Regional Hospital project and also apply to this SEIR. Federal Regulations As stated in the original EIR, under Federal Highway Administration (FHWA) regulations (23 CFR 772), noise abatement must be considered for new highway construction and highway reconstruction projects when the noise levels approach or exceed the noise abatement criteria. For hospital sites, these criteria indicate that the Leq during the noisiest one-hour period of the day should not exceed 67 dB(A) at exterior areas or 52 dB(A) within the interior of a hospital or medical building. State Regulations A summary of the California Code of Regulations is described in the original EIR. The state has established noise insulation standards for new multi -family residential units, hotels, and motels that would be subject to relatively high levels of transportation -related noise. These requirements are collectively known as the California Noise Insulation Standards (Title 24, California Code of Regulations). The noise insulation standards set forth an interior standard of DNL 45 dB in any habitable room. They require an acoustical analysis demonstrating how dwelling units have been designed to meet this interior standard where such units are proposed in areas subject to noise levels greater than DNL 60 dB. Title 24 standards are typically enforced by local jurisdictions through the building permit application process. Local Regulations City of Temecula General Plan—Noise Element The primary purpose of the Noise Element is to identify and assess noise sources and then minimize their effect on the surrounding area. Noise has a direct impact on the quality of life and the well-being of residents of Temecula. Hospitals fall under the Public/Institutional designation. Table 3.2-2 below summarizes City of Temecula noise standards for various uses. The following are goals and policies of the City of Temecula General Plan—Noise Element. Goal 1: Separate significant noise generators from sensitive receptors. Policy 1.2: Limit the hours of construction activity next to residential areas to reduce noise intrusion in the early morning, late evening, weekends and holidays. Goal 4: Minimize impacts from transportation noise sources. 2 Caltrans, Technical Noise Supplement, 1998. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-5 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise TABLE 3.2-2 CITY OF TEMECULA NOISE STANDARDS Property Receiving Noise Maximum Noise Level (Ldn or CNEL, dBA) Type of Use Land Use Designation Interior Exterior Residential Commercial and Office Hillside Rural Very Low 45 65 Low Low Medium Medium 45 65/70 High 45 70' Neighborhood Community Highway Tourist 70 Service Professional Office 50 70 Light Industrial Industrial Park 55 75 Public/Institutional Schools 50 65 Al Others 50 70 Open Space Vineyards/Agricultural 70 Open Space 70/652 NOTES: 1. Maximum exterior noise levels up to 70 dB CNEL are allowed for multiple -family housing. 2. Where quiet is a basis required for the land use. SOURCE: City of Temecula General Plan Noise Element, 1993. Policy 4.1: Minimize noise conflicts between land uses and the circulation network, and mitigate sound levels where necessary or feasible to ensure the peace and quiet of the community. Implementation and Procedures N-2. Minimize noise in Temecula through the following measures: • Require all non -emergency construction activity to comply with the limits (maximum noise levels, hours and days of activity) established in State and City noise regulations (Title 24 California Code of Regulations, Temecula Development Code and Chapter 8.32 of the Municipal Code). • Amend the City Noise Control Ordinance to establish criteria for acceptable placement and operation of stationary outdoor equipment. • Require proposed industrial or commercial projects located near residential areas to demonstrate that the project, when constructed, will meet with City noise reduction requirements. • Review the City Noise Control Ordinance for adequacy and amend as needed to address community needs and development patterns. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-6 ESA /0207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise City of Temecula Municipal Code Section 8.32.020 Construction Restricted: Notwithstanding any provision of the City Ordinance No. 90-04, and specifically subsection G(1) of Riverside County Ordinance No. 457.73, during such time as this ordinance is in full force and effect, no person shall engage in or conduct construction activity, when the construction site is within one-quarter mile of an occupied residence, between the hours of 6:30 pm and 6:30 am, Monday through Friday, and shall only engage in or conduct construction activity between the hours of 7:00 am and 6:30 pm on Saturday. Further, no construction activity shall be undertaken on Sunday and nationally recognized holidays. Public works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of the ordinance codified in this chapter. Residents working on their homes or property are exempt from the prohibition of construction activities on Sundays and holidays but must comply with the hourly restrictions set forth for Saturday when working on Sundays and holidays. The city council may, by formal action, exempt projects from the provisions of this chapter. (Ord. 94-25 § 2) Existing Conditions Sensitive Receptors Some land uses are considered more sensitive to ambient noise levels than others because of the amount of noise exposure (in terms of both exposure duration and insulation from noise) and the types of activities typically involved. Residences, hotels, schools, rest homes, and hospitals are generally more sensitive to noise than commercial and industrial land uses. The nearest sensitive receptors are residences at approximately 305 feet away from the proposed hospital site and a church that is over 1,000 feet away. The project site is otherwise surrounded by non -sensitive receptors such as commercial and office uses (see Figure 3.2-3). Specifically, these land uses are as follows: • To the north and northwest the land uses are single family residences and undeveloped land. • To the south beyond Highway 79 the land uses are commercial properties and single- family homes. • To the west the land is currently vacant but is under development for professional medical office use. • To the east the land uses include a flood control channel, and commercial and medical uses. There are also seven parcels between Dartola Road and De Portola Road. These parcels include three structures located on Margarita Road and two structures located on De Portola Road. One of the structures is currently used as a medical clinic, one is a vacant single-family residence, and three are occupied single-family residences. All seven parcels are designated for Professional Office (PO) use within the General Plan. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-7 ESA/ D207434 January 2008 PHASING DESCRIPTION PHASE IA • Of MONISM • PHASE IB PHASE II PHASE III PHASE IV • CMG. CORER IMMO PHASE V Residences I-- 06 PORTOLA ROAD ...:..::.....:..7...i.. � Residences Loading Docks _.. _.. _ . STATE AOH.Ar WI Residences 01:"•'""a"°MAN SOURCE: Wieland Associates, Inc. Temecula Hospital Supplemental EIR . 207434 Figure 3.2-3 Site Plan 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise This zoning district is intended primarily for single -tenant and multi -tenant offices and may include supporting uses. Typical permitted uses include legal, design, engineering or medical offices, corporate and governmental offices, and community facilities. Limited supporting convenience retail and personal service commercial may be permitted to serve the needs of the on-site employees. Residential uses within the PO zone are allowed only by conditional use permit, and are limited to one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business. As such, residential use of these parcels is an existing, non -conforming condition. Future development and use of these parcels are anticipated to be as professional office uses. To document the existing noise levels, Wieland Associates measured noise levels at five locations in the vicinity of the project site (see Figure 3.2-4). The five locations were as follows: • 30390 De Portola Road • 30955 De Portola Road • 31775 De Portola Road • On the project site, at the location of the proposed five -story bed tower. • 31602 Calle Los Padres (adjacent to Highway 79)3 The summary of their findings is in the following Table 3.2-3. TABLE 3.2-3 SUMMARY OF EXISTING AMBIENT NOISE MEASUREMENTS Location Number Location Description Measurement Measured Average Period Noise Level, dB(A) CNEL, dB 1 30390 De Portola Road 24 hours 45.2-59.3 59.8 2 30955 De Portola Road 24 hours 48.8-62.3 62.8 3 31775 De Portola Road 24 hours 45.2-59.2 57.8 On project site, at offset of 4 proposed five -story bed 20 minutes 50.3 N/A tower 31602 Calle Los Padres 5 24 hours 47.0-57.9 60.8 (adjacent to Highway 79) NOTES: Samples collected by Wieland Associates, Inc. on July 17 and 18, 2007. A 24-hour noise measurement was not obtained at location #4 due to the inability to provide adequate security for the equipment. Instrumentation used to obtain the noise measurements consisted of integrating sound level meters (Models 712, 820, and 870) and an acoustical calibrator (Model CAL200). All instrumentation meets the requirements of the American National Standards Institute (ANSI) S1.4-1971. SOURCE: Wieland Associates, Inc., 2007. 3 Wieland Associates, Inc., 2007. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-9 ESA 1 D207434 January 2008 �►rt �..V. ti Jl 1 / t�.. „r f / • j "it 200 7 E.ndtin-Technu In jiet 412D071Nn.ir•y . 9 •amt,_ b. .• \ (JooS[e SOURCE: Wieland Associates, Inc. Temecula Hospital Supplemental EIR . 207434 Figure 3.2-4 Noise Measurement Locations 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise Existing Noise Environment The noise environment surrounding the project site is influenced primarily by traffic noise. Other noise producers include stationary noise like the noise produced by the HVAC systems from the nearby commercial uses. Table 3.2-4 summarizes the existing level of traffic noise in the vicinity of the project site. TABLE 3.2-4 SUMMARY OF EXISTING TRAFFIC NOISE LEVELS Arterial / Reach Unmitigated CNEL @ 50' Distance to CNEL Contour from Near Lane Centerline, ft. 60 dB 65 dB 70 dB 75 dB 80 dB Butterfield Stage Road North of Highway 79 68.5 dB 235 100 South of Highway 79 67.5 dB 200 83 De Portola Road West of Margarita Road 64.5 dB 120 Pechanga Pkwy. (Pala Rd.) South of Highway 79 71.5 dB 368 170 69 Margarita Road / Redhawk Pkwy. Jedidiah Smith to De Portola 68.5 dB 235 100 De Portola to Highway 79 70.5 dB 320 143 56 South of Highway 79 71.0 dB 340 155 62 Highway 79 West of 1-15 Freeway 74.0 dB 520 255 110 West of Pechanga Pkwy. (Pala Rd.) 79.5 dB 1,000 560 278 120 West of Margarita Road 76.0 dB 680 340 155 62 West of Butterfield Stage Road 75.5 dB 640 320 143 56 NOTES: Noise levels calculated using the highway traffic noise prediction model developed by the Federal Highway Administration (as described in report FHWA-RD-77-108). Traffic volume data was provided by Linscott, Law, and Greenspan Engineers, 2007. Speeds were based on the observed posted speed limits. The truck mix on Highway 79 was based on data published by Caltrans. The truck mix on the remaining streets was based on data provided by the County of Riverside. The California reference energy mean emission (Calveno) levels developed by Caltrans were used in the prediction model. SOURCE: Wieland Associates, Inc., 2007. 3.2.3 Impacts and Mitigation Measures Previous Project Site Evaluation In September 2005, Wieland Associates, Inc. prepared a noise study for the project site to estimate the combined construction noise levels that would be generated during each phase of construction. This study was included as part of the noise analysis in the original EIR. The analysis in that study used equipment estimates based on the Palm Desert Hospital that is similar Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-11 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise enough in size and design to provide an adequate model for the project. In 2007, Wieland re- evaluated the site using new software now available (Urbemis 2007, 9.2) for use in analyzing noise impacts. Use of this new software generated substantially lower construction noise impacts. Therefore, to provide a conservative estimate of construction noise impacts of the project, this analysis uses the higher impact levels reported in the noise analysis for the original EIR, as reproduced in Table 3.2-5 in the Impact Assessment and Methodology section.4 TABLE 3.2-5 ANALYSIS OF ESTIMATED CONSTRUCTION NOISE LEVELS Noise- Estimated Attenuation Estimated CNEL Estimated Estimated Sensitive Construction CNEL at due to at Sensitive Construction Noise Increase due to Location Phase 50 ft, dB Distance, dBa Location, dBb + Ambient, dB` Construction dB` Demolition 86 Nearest Grading 91 residences to the northwest Construction 87 Paving 90 Demolition 86 Nearest Grading 91 residences to the south Construction 87 Paving 90 Demolition 86 Nearest offices Grading 91 to the east Construction 87 Nearest offices to the west Paving 90 Demolition 86 Grading 91 Construction 87 Paving 90 -16 (305) - 24 (760') - 25 (880') -23 (745) 70 71 75 75 71 72 74 74 57 62 62 64 58 63 61 64 61 71 66 71 62 71 65 71 8 12 9 12 63 71 68 72 64 71 67 72 2 4 2 3 1 1 1 1 1 2 1 2 NOTES: a. Attenuation is based on a reduction of 6 dB for every doubling of distance from the source. Distance is calculated from the center of the project site. b. At nearest residences to the south, 5 dB of attenuation is assumed for the wall adjacent to Highway 79. At office properties to the east and west, an existing CNEL of 70 dB is assumed based on Table 3.2-2. c. The estimated "construction + ambient" noise levels and estimated increases due to construction are based on the ambient noise levels measured for this supplemental study. Refer to Table 3.2-2. SOURCE: Wieland Associates, Inc., 2007. Significance Criteria According to the CEQA Guidelines, Appendix G, a project would result in a significant noise impact if it would: 4 Wieland Associates, Inc., 2007. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-12 ESA /D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise • Expose persons to or generate noise levels in excess of standards established in any applicable plan or noise ordinance, or applicable standards of other agencies. • Expose persons to or generate excessive groundbome vibration or groundbome noise levels. • Create a substantially permanent increase (greater than 3 dBA) in ambient noise levels in the project vicinity above levels existing without the project. • Create a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. • Be located within an airport land use plan or be located where such a plan has not been adopted and expose people residing or working in the project area to excessive noise levels. • Be located within the vicinity of a private airstrip and expose people residing or working in the project area to excessive noise levels. Impact Assessment and Methodology Construction As stated above, the 2007 study done by Wieland, using the Urbemis 2007 9.2 software yielded construction noise estimates that were lower than those yielded by the 2005 study. Therefore, in the interest of being as conservative as possible for this SEIR, Wieland decided to continue with their analysis using the 2005 estimates that are based on the Palm Desert Hospital. Traffic Using project site data provided by Linscott, Law & Greenspan, Wieland estimated the amount of traffic the proposed project would generate under four different scenarios. These scenarios are "Opening Year (Phase I)," "Opening Year + Entire Project (Phase I and II)," "Opening Year + Cumulative Projects," and "Buildout." The goal was to estimate traffic at all stages of development. The results for each case are presented in Tables 3.2-6 through 3.2-9 below. The tables give the estimated CNEL at the project site that would be attributed to traffic. Ambulance Siren Noise Based on stationary ambulance siren tests done in the City of Temecula, Wieland were able to estimate the noise impact from ambulances traveling to the proposed project (see Table 3.2-1 for stationary ambulance test results). Since Highway 79 has a speed limit of 55 miles per hour (mph), and thus ambulances would pass by faster than on roads with lower limits, the estimated SENEL on Highway 79 is 112.5 dB(A) at a distance of 50 feet. De Portola Road has a speed limit of 35 mph, so its SENEL is higher at 114.5 dB(A). Margarita Road has a speed limit of 45 mph and an estimated SENEL of 113.5 dB(A) at a distance of 50 feet. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-13 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise TABLE 3.2-6 TRAFFIC NOISE EXPOSURE LEVELS, OPENING YEAR, PROJECT PHASE I Arterial / Reach Avg. Daily Traffic Unmitigated CNEL @ 50' Without Project With Phase I Without Project With Phase I Change Due to Project Butterfield Stage Road North of Highway 79 South of Highway 79 De Portola Road West of Margarita Road Pechanga Pkwy. (Pala Rd.) South of Highway 79 Margarita Road / Redhawk Pkwy. Jedidiah Smith to De Portola De Portola to Highway 79 South of Highway 79 Highway 79 West of 1-15 Freeway West of Pechanga Pkwy. (Pala West of Margarita Road West of Butterfield Stage Road 13,950 14,500 14,450 68.5 dB 15,130 68.0 dB 69.0 dB 0.5 dB 68.0 dB 0.0 dB 8,720 9,350 64.5 dB 65 dB 0.5 dB 46,760 19,290 28,560 27,470 21,470 84,580 42,510 37,280 47,070 72.0 dB 20,230 29,500 28,100 21,660 86,470 45,780 38,480 NOTES: Traffic data provided by Linscott, Law & Greenspan, Engineers, 2007. SOURCE: Wieland Associates, Inc., 2007. 69.0 dB 71.0 dB 71.5 dB 74.5 dB 79.0 dB 76.5 dB 76.0 dB 72.0 dB 0.0 dB 69.5 dB 71.0 dB 71.5 dB 74.5 dB 80.0 dB 77.0 dB 76.0 dB 0.5 dB 0.0 dB 0.0 dB 0.0 dB 0.5 dB 0.5 dB 0.0 dB TABLE 3.2-7 TRAFFIC NOISE EXPOSURE LEVELS, OPENING YEAR, ENTIRE PROJECT PHASES I AND II Arterial / Reach Ava. Daily Traffic Unmitiaated CNEL e 50' Without Project With Ph. I & II Without Project With Ph. I & II Change Due to Project Butterfield Stage Road North of Highway 79 South of Highway 79 De Portola Road West of Margarita Road Pechanga Pkwy. (Pala Rd.) South of Highway 79 Margarita Road / Redhawk Pkwy. Jedidiah Smith to De Portola De Portola to Highway 79 South of Highway 79 Highway 79 West of 1-15 Freeway West of Pechanga Pkwy. (Pala Rd.) West of Margarita Road West of Butterfield Stage Road 13,950 14,500 8,720 46,760 19,290 28,560 27,470 21,470 84,580 42,510 37,280 14,920 15,710 9,930 68.5 dB 68.0 dB 64.5 dB 47,360 72.0 dB 21,100 30,070 28,680 21,830 88,220 48,810 39,590 NOTES: Traffic data provided by Linscott, Law & Greenspan, Engineers, 2007. SOURCE: Wieland Associates, Inc., 2007. 69.0 dB 71.0 dB 71.5 dB 74.5 dB 79.5 dB 76.5 dB 76.0 dB 69.0 dB 0.5 dB 68.0 dB 0.0 dB 65.0 dB 0.5 dB 72.0 dB 0.0 dB 69.5 dB 71.0 dB 72.0 dB 74.5 dB 80.0 dB 77.0 dB 76.0 dB 0.5 dB 0.0 dB 0.5 dB 0.0 dB 0.5 dB 0.5 dB 0.0 dB Temecula Regional Hospital Fin& Supplemental Environmental Impact Report 3.2-14 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise TABLE 3.2-8 TRAFFIC NOISE EXPOSURE LEVELS, OPENING YEAR + CUMULATIVE PROJECTS Arterial / Reach Avg. Daily Traffic Unmitigated CNEL @ 50' Change Due to Without Project With Ph. I & II Without Project With Ph. I & II Project Butterfield Stage Road North of Highway 79 South of Highway 79 De Portola Road West of Margarita Road Pechanga Pkwy. (Pala Rd.) South of Highway 79 Margarita Road. / Redhawk Pkwy. Jedidiah Smith to De Portola De Portola to Highway 79 South of Highway 79 Highway 79 West of 1-15 Freeway West of Pechanga Pkwy. (Pala Rd.) West of Margarita Road West of Butterfield Stage Road 22,130 23,100 70.5 dB 71.0 dB 0.5 dB 24,750 25,960 70.0 dB 70.5 dB 0.5 dB 10,450 11,660 65.5 dB 66.0 dB 0.5 dB 69,410 70,010 74.0 dB 74.0 dB 0.0 dB 24,250 26,060 70.0 dB 70.5 dB 0.5 dB 35,880 37,690 72.0 dB 72.0 dB 0.0 dB 37,330 38,540 73.0 dB 73.0 dB 0.0 dB 32,130 32,490 76.0 dB 76.0 dB 0.0 dB 119,700 123,490 81.5 dB 81.5 dB 0.0 dB 76,180 82,480 79.0 dB 79.5 dB 0.5 dB 57,570 59,880 78.0 dB 78.0 dB 0.0 dB NOTES: Traffic data provided by Linscott, Law & Greenspan, Engineers, 2007. SOURCE: Wieland Associates, Inc., 2007. TABLE 3.2-9 TRAFFIC NOISE EXPOSURE LEVELS, BUILDOUT Arterial/Reach Avg. Daily Traffic Unmitigated CN EL at 50' Butterfield Stage Road North of Highway 79 19,000 70.0 dB South of Highway 79 20,000 69.0 dB De Portola Road West of Margarita Road 11,000 64.5 dB Pechanga Pkwy. (Pala Rd.) South of Highway 79 29,000 70.0 dB Highway 79 West of 1-15 Freeway 9,000 70.5 dB West of Pechanga Pkwy. (Pala Rd.) 59,000 78.0 dB West of Margarita Road 51,000 77.5 dB West of Butterfield Stage Road 50,000 77.5 dB NOTES: Traffic data provided by Linscott, Law & Greenspan, Engineers, 2007. SOURCE: Wieland Associates, Inc., 2007. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-15 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise To arrive at a CNEL that accounts for ambulance sirens, it must first be estimated how many trips per day an ambulance with its sirens on would use a particular road. To do this, Wieland Associates, Inc. used data from the period of January 1, 2007 to July 18, 2007 (see Table 3.2-10).5 It should be noted that this is a conservative estimate, because it assumes that all regional ambulance trips will be going to or from the project site, even though there are other existing medical facilities currently serving the region. Of the total number of ambulance trips, only 10-12 percent are considered Code 3 (sirens on). The others would not require ambulance sirens. Using the SENEL estimates from Table 3.2-11 and 12 percent of the ambulance trip estimates from Table 3.2-10, Wieland was able to estimate a CNEL for the project site that incorporates ambulance sirens. These estimates are summarized in the following table. It should be noted that sirens are never used on hospital property. TABLE 3.2-10 ESTIMATED AMBULANCE OPERATIONS PER DAY Street Segment EXIS11NGa With Proposed Hospitalb 7am-7pmc 7pm-10pmc 10pm-7amc 7am-7pmc 7pm-10am° 10pm-7amc Highway 79, Margarita to Pala Margarita, Highway 79 to De Portola De Portola, Pio Pico to Margarita De Portola, Pio Pica to Jedidiah Smith 0.21 0.07 0.01 14.65 5.00 0.36 0.01 0.01 0.00 0.36 0.71 0.00 0.00 0.01 0.01 0.00 0.71 0.36 0.01 0.00 0.01 0.01 0.00 0.71 NOTES: a Based on operations from 1/1/2007 through 7/18/2007. b Based on estimated annual emergency room transports of 8,609 provided by AMR. The distribution of ambulance runs on the four street segments and over the three times periods was assumed using the distribution for the existing runs. c Number indicates average number of ambulance operations during the 12 hour period from 7am to 7pm, or the three-hour period from 7pm to 1 Opm, or the nine -hour period from lOpm to 7am. SOURCE: Wieland Associates, Inc., 2007. TABLE 3.2-11 ESTIMATED CNEL DUE TO AMBULANCE OPERATIONS Street Segment Estimated CNEL at 50 ft. Existing Future Estimated Estimated Increase in Ambulance Ambulance Ambulance Sirens Ambient CNEL due to Sirens Sirens +Ambient CNELb Ambulance Sirens Highway 79, Margarita to Pala Margarita, Highway 79 to De Portola De Portola, Pio Pico to Margarita De Portola, Pio Pico to Jedidiah Smith 60.0 dB 49.5 dB 54.0 dB 55.5 dB 64.0 dBa 59.0 dB 63.5 dB 65.0 dB 66.0 dB 61.5 dB 64.5 dB 67.0 dB NOTES: a Estimated CNEL assumes 5 dB of reduction for the existing residential walls along Highway 79. b Ambient CN EL at 50' taken from measurement results of Table 3.2-2. SOURCE: Wieland Associates, Inc., 2007. 5.0 dB 3.5 dB 6.5 dB 4.0 dB 5 Wieland Associates, Inc., 2007. Temecula Regional Hospital 3.2-16 Final Supplemental Environmental Impact Report ESA /D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise Summary of Impacts For the purposes of this SEIR, only the significance criteria regarding construction noise and traffic noise need be discussed, as the temporary noise from construction and the permanent noise from emergency sirens have the potential to disturb nearby residences (sensitive receptors). As discussed below, the proposed project would adhere to mitigation measures prescribed for this significant impact. However, even with mitigation incorporated, the project would result in significant and unavoidable impacts from noise. Impacts and Mitigation Measures Impact 3.2-1: Development of the proposed project would result in temporary noise impacts during construction. Construction activity noise levels at and near the construction areas would fluctuate depending on the particular type, number, and duration of uses of various pieces of construction equipment. Construction -related material haul trips would raise ambient noise levels along haul routes, depending on the number of haul trips made and types of vehicles used. In addition, certain types of construction equipment generate impulsive noises (such as pile driving), which can be particularly annoying. Table 3.2-12 shows typical noise levels during different construction stages. Table 3.2-13 shows typical noise levels produced by various types of construction equipment. Noise generated by construction activities would result in a substantial increase in noise at the nearest residences and would be significant without mitigation. The City's ordinance limiting, the hours of construction, provides no mitigation of construction noise during weekdays and Saturdays and is relevant only to protect nearby residents from construction noise during the nighttime hours, Sundays and holidays. In the nearest residences to the northwest of the project site and in some of the residences to the south, construction activities are expected to exceed the accepted ambient noise level of 65 dB by more than 3 dB (see Table 3.2-5). This would be a short-term significant impact on residents adjacent to the project site. With implementation of mitigation measures, the construction noise levels would be reduced, but even with these mitigation measures the noise impact would be significant and unavoidable for the nearest homes to the northwest and south, which are as close as 305 feet from the proposed project site. Conclusion: Significant and unavoidable. TABLE 3.2-12 TYPICAL CONSTRUCTION NOISE LEVELS Construction Phase Noise Level (Leq) a Ground Clearing 84 Excavation 89 Foundations 78 Erection 85 Finishing 89 NOTES: a Average noise levels correspond to a distance of 50 feet from the noisiest piece of equipment associated with a given phase of construction and 200 feet from the rest of the equipment associated with that phase. SOURCE: U.S. Environmental Protection Agency, Noise from Construction Equipment and Operations, Building Equipment, and Horne Appliances, 1971. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-17 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise TABLE 3.2-13 TYPICAL NOISE LEVELS FROM CONSTRUCTION EQUIPMENT Construction Equipment Noise Level (Leq at 50 feet) Dump Truck 88 Portable Air Compressor 81 Concrete Mixer (Truck) 85 Scraper 88 Jack Hammer 88 Dozer 87 Paver 89 Generator 76 Pile Driver 101 Backhoe 85 SOURCE: Cunniff, Environmental Noise Pollution, 1977. Mitigation: Mitigation Measure 3.2-1: The following measures should be considered in the project's design in order to mitigate the significant impacts: • Mechanical ventilation will be required for hospital facility buildings since the interior standard of 50 dB(A) is to be met with windows and doors closed. • Demolition and construction activities shall be limited to the hours and days permitted by the City of Temecula Municipal Code. • All Construction and demolition equipment shall be fitted with properly sized mufflers. • Noisy construction equipment items shall be located as far as practicable from the surrounding residential properties. • The project proponent will hire a noise monitor to accept complaints and confirm compliance with above-mentioned mitigation measures. Significance after Mitigation: Significant and unavoidable. To minimize construction noise levels at the nearby properties, the contractor shall comply with the above-mentioned recommendations provided in Mitigation Measure 3.2-1. In addition, to the extent practical, the contractor shall consider the following noise abatement measures: • Noisy construction equipment items shall be located as far as practicable from the surrounding residential properties. • In order to minimize the time during which any single noise -sensitive receptor is exposed to construction noise, construction shall be completed as rapidly as possible. • The quietest construction equipment owned by the contractor shall be used. The use of electric powered equipment is typically quieter than diesel, and hydraulic powered equipment is quieter than pneumatic power. If compressors powered by diesel or gasoline engines are to be used, they shall be contained or have baffles to help abate noise levels. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-18 ESA 1 D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise • All construction equipment shall be properly maintained. Poor maintenance of equipment typically causes excessive noise levels. • Noisy equipment shall be operated only when necessary, and shall be switched off when not in use. • Storage areas shall be located away from sensitive receptors. Where this is not possible, the storage of waste materials, earth, and other supplies shall be positioned in a manner that will function as a noise barrier to the closest sensitive receivers. • Public notice shall be given prior to construction identifying the location and dates of construction, the name and phone number of the contractor's contact person in case of complaints, and the name and phone number of a contact person at the City of Temecula in case of complaints. The public notice shall encourage the residents to call the contractor's contact person andlor the City's contact person rather than the police in case of complaint. Residents shall also be kept informed of any changes to the schedule. The contractor's designated contact person shall be on site throughout project construction with a mobile phone. If a complaint is received, the contractor's contact person andlor the City's contact person shall take whatever reasonable steps are necessary to resolve the complaint. If possible, a member of the contractor's team shall also travel to the complainant's location to understand the nature of the disturbance. Impact 3.2-2: Development of the proposed project would increase noise levels along local roadways, specifically ambulance siren noise. The project will increase the traffic -generated CNEL by at most 0.5 dB. This is less than the 3 dB threshold of significance; therefore the impact is not significant. Project traffic will not cause the 65 dB CNEL threshold of significance to be exceeded at existing residential or school land uses in the study area. Therefore, the impact is not significant. Project traffic will cause the 70 dB CNEL threshold of significance to be exceeded by 0.5 dB at existing public/institutional (except school), open space, commercial, and office land uses adjacent to Butterfield Stage Road south of Highway 79 and Margarita Road between Jedidiah Smith Road and De Portola Road. This will be the case only for the "Opening Year + Cumulative Projects" traffic volume. The threshold will not be exceeded under any other traffic scenario addressed in this study. As a result, it may be concluded that there is no direct project impact, but there is a cumulative impact. However, as indicated in Figure 3.2-1 an increase of 0.5 dB is imperceptible; therefore, the impact is considered less than significant. Without accounting for ambulance siren noise, traffic noise impacts generated by the proposed project would be less than significant. When ambulance siren noise is added to the equation, traffic noise generated by the proposed project would be considered a significant impact. Ambulance siren noise would increase CNEL by more than 3 dB (see Table 3.2-11). Also, residents along emergency routes would be exposed to unmitigated maximum noise levels of about 94 to 117.5 dB(A) from ambulance sirens. However, the City does not regulate noise from ambulance sirens. Noise standards do not apply in emergency situations. Thus, although the noise from ambulance sirens would be significant, no Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-19 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.2 Noise mitigation measures can be placed on this type of noise. Impacts from noise for the proposed projects are significant and unavoidable. Conclusion: Significant and unavoidable. Mitigation: None required, because noise standards do not apply to emergency situations. No mitigation measures can be placed on this type of noise. Significance after Mitigation: Significant and unavoidable. References City of Temecula, City of Temecula General Plan — Noise Element, April 2005. County of Riverside, County of Riverside General Plan, October, 2003. City of Temecula, Municipal Code. P.F. Cunniff, Environmental Noise Pollution, 1977. U.S. Environmental Protection Agency, Noise from Construction Equipment and Operations, Building Equipment, and Horne Appliances, 1971. Wieland Associates, Inc., Supplemental Noise Study for the Temecula Regional Hospital in Temecula, August 2, 2007. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.2-20 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic 3.3 Traffic 3.3.1 Approach to Analysis Section 3.3 of the Draft SEIR evaluates the changes in vehicular traffic attributable to the development of the proposed Temecula Regional Hospital, based upon the traffic impact analysis completed by Linscott, Law and Greenspan Engineers (LLG) completed in October, 2007. The complete traffic study is included in Appendix D in the Draft EIR. This section also documents existing traffic and circulation system conditions, identifies and differentiates between direct project -related traffic impacts and cumulative traffic impacts, and proposes mitigation measures to reduce potential direct project and cumulative impacts to insignificant levels, and identifies specific mitigation measure implementation requirements, funding source and party responsible for completion of individual mitigation measures. This section uses the terms SR -79 and Highway 79 interchangeably. 3.3.2 Environmental Setting Existing Conditions The following describes the existing transportation conditions in the vicinity of the project site (Figure 3.3-1). It includes an analysis of the traffic circulation characteristics of the 10 study intersections. The 10 study intersections are as follows: • SR 79/1-15 SB Ramps; • SR 79/1-15 NB Ramps; • SR 79/La Paz Street; • SR 79/ Pechanga Parkway; • SR 79/Jedediah Smith Road; • SR 79/ Avenida De Missiones; • SR 79/ Country Glen Way; • SR 79/ Redhawk Parkway/Margarita Road; • SR 79/Butterfield Stage Road; and • De Portola Road/Margarita Road. Existing Street Network Highway 79 is classified as a Six -Lane Prime Arterial in the project area and is built as a six -lane roadway in the project vicinity. Curbside parking is generally prohibited along Highway 79, and the posted speed limit is 55 mph. La Paz Street is a two-lane undivided roadway in the project area. The posted speed limit is 35 mph, and curbside parking is generally permitted. La Paz Street is signalized at Highway 79. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-1 ESA / D207434 January 2008 Aw 40 • 0 0 LEGEND — Traffic Signal BL — Bike Lane BS - Bus Stop NP - No Parking TwLTL — Two—Way Left—Turn Lane RTOL - Right—Tum Overlap 2U — Two lane undivided roadway 4D — Four lane divided roadway BD — Six lane divided roadway • 0 0 • 0 0 0 6D 55 MPH TWLTL 2v PROJECT RITE 0 0 et) m • 0 r RTOL • • • • • 0 0 VAII. RAScti NORTH NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-1 Existing Conditions Diagram 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic Pechanga Parkway is currently a four -lane undivided roadway in the project area. Curbside parking is prohibited at the approach to Highway 79, but is otherwise permitted. The posted speed limit on Pechanga Parkway is 50 mph. Pechanga Parkway is signalized at Highway 79. Avenida de Missiones is a four -lane undivided roadway in the project area. Curbside parking is generally permitted, and the posted speed limit is 35 mph. Margarita Road / Redhawk Parkway is classified as a four -lane Major roadway in the project area. Margarita Road is currently a four -lane divided roadway with curbside parking generally prohibited. Redhawk Parkway is also currently a four -lane divided roadway in the project area with curbside parking generally prohibited. The posted speed limit is 45 mph. Margarita Road / Redhawk Parkway is currently signalized at its intersection with Highway 79. Butterfield Stage Road is classified as a four -lane Major roadway in the project area. Butterfield Stage Road is currently a four -lane divided roadway in the project area with curbside parking generally prohibited. The posted speed limit is 50 mph. Butterfield Stage Road is signalized at Highway 79. De Portola Road is a four -lane road east of Margarita Road and a two-lane undivided roadway west of Margarita Road. Eastern By -Pass is a planned future facility between I-15, south of Highway 79 South and Borel Road in the northeastern section of the City. This facility will be called Deer Hollow Way, between I-15 and midway between Pechanga Parkway and Butterfield Stage Road. To the east of the previous section, this facility will be called Anza Road up to its terminus with Borel Road. This facility will include a new interchange at I-15, to be located south of Highway 79 South, which is approved by Riverside County Transportation Commission (RCTC) at a cost of $47,840,000. The Deer Hollow Way section of the Eastern By -Pass is planned to be a six -lane divided Principal Arterial from I-15 to Rainbow Canyon Road and a four -lane major arterial from Rainbow Canyon Road to midway between Pechanga Parkway and Butterfield Stage Road. This roadway section is also approved by RCTC. The Anza Road Section of the Eastern By -Pass is planned to be a Four -Lane Undivided Secondary Arterial from Midway between Pechanga Parkway and Butterfield Stage Road to Butterfield Stage Road and a Two -Lane Undivided Rural Highway between Butterfield Stage Road and Borel Road. With the completion of the Eastern By -Pass, the current traffic volumes on Highway 79 and at the 1-15 / Highway 79 South interchange are expected to reduce substantially. Currently, the implementation schedule for this improvement is not known and therefore, these improvements are not assumed in the near-term. However, the City of Temecula General Plan includes the Eastern Bypass in the Year 2025. Therefore, the Year 2025 analysis included in this report assumes the same. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-3 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic Existing Intersection Traffic Volumes Peak Hour Intersection Volume Counts Available AM and PM peak hour volumes were obtained from the City and new manual counts were conducted by LLG at the four locations listed below, in the second week of July, 2007. • Highway 79 / I-15 SB Ramps • Highway 79 / 1-15 NB Ramps • Highway 79 / La Paz St • Highway 79 / Pechanga Pkwy Figure 3.3-2 depicts the existing peak hour intersection turning movement volumes. Appendix D of this SEIR (Appendix A of the October 2007 LLG study) contains the manual count sheets. Segment Counts Available daily segment volumes were obtained from the City and new counts were conducted by LLG at the three locations listed below, in the second week of July, 2007. • Highway 79 West of I-15 • Butterfield Stage Road North of SR -79 • Butterfield Stage Road South of SR -79 Table 3.3-1 summarizes the existing average daily traffic (ADT) volumes on the major area roadways. Figure 3.3-2 depicts the existing 24-hour segment volumes. Appendix D of this SEIR (Appendix A of the October 2007 LLG study) contains the segment count sheets. TABLE 3.3-1 EXISTING SEGMENT VOLUMES Street Segment Source ADT a Date Highway 79 West of 1-15 1-15 to Pechanga Pkwy Pechanga Pkwy to Margarita Rd Margarita Rd to Butterfield Stage Rd Pechanga Parkway South of SR -79 Butterfield Stage Road North of SR -79 South of SR -79 De Portola Road West of Margarita Rd Margarita Road / Redhawk Parkway Jedediah Smith Road to De Portola Road De Portola Road to Highway 79 South of Highway 79 LLG Engineers City of Temecula City of Temecula City of Temecula City of Temecula LLG Engineers LLG Engineers 19,700 77,600 39,000 34,200 07/11/07 2006 2006 2006 42,900 Feb -06 12,800 13,300 07/11/07 07/11/07 City of Temecula 8,000 2006 City of Temecula City of Temecula City of Temecula 17,700 26,200 25,200 2006 2006 2006 Footnotes: a. Average Daily Traffic Volumes (Appendix D of this SEIR, Appendix A of the October 2007 LLG study contains the segment count sheets) SOURCE: City of Temecula Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-4 ESA / D207434 January 2008 NOTES: — ADT (Average Daily Traffic) shown midblock — AM/PM peak hour volumes shown at the intersections SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-2 Existing Traffic Volumes AM/PM Peak Hours & ADT 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic 3.3.3 Approach and Methodology This section of the SEIR analyzes the key intersections and street segments in the project area. All of these facilities are analyzed under existing and several future analysis timeframes to determine the project impacts on the prevailing street network during each timeframe. Peak hour intersection and daily segments have been analyzed under the following scenarios. Segment analysis is only conducted for the Build -out (Year 2025) Scenario: • Existing • Opening Year Without Project (Existing + 3 percent growth in existing traffic for three years) • Opening Year With Project Phase I • Opening Year With Entire Project (Phases I and II) • Opening Year With Entire Project (Phases I and II) and Cumulative Projects • Build -out (Year 2025) Traffic Operations There are different methodologies used to analyze signalized intersections, unsignalized intersections, street segments, freeways, and Congestion Management Program (CMP) arterials. The measure of effectiveness for intersection operations is Level of Service (LOS). In the 2000 Highway Capacity Manual (HCM), LOS for signalized intersections is defined in terms of delay. The level of service analysis results in seconds of delay expressed in terms of letters A through F. Delay is a measure of driver discomfort, frustration, fuel consumption, and lost travel time. Signalized Intersections For signalized intersections, levels of service criteria are stated in terms of the average control delay per vehicle for a 15 -minute analysis period. Control delay includes initial deceleration delay, queue move -up time, stopped delay, and final acceleration delay. Table 3.3-2 below summarizes the delay thresholds for signalized intersections. LOS A describes operations with very low delay, (i.e. less than 10.0 seconds per vehicle). This occurs when progression is extremely favorable, and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. LOS B describes operations with delay in the range 10.1 seconds and 20.0 seconds per vehicle. This generally occurs with good progression and/or short cycle lengths. More vehicles stop than for LOS A, causing higher levels of average delay. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-6 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-2 LOS DEFINITIONS LOS Interpretation Average Control Delay Per Vehicle (SecondsNehicle) A Excellent operation — free flow 0.0 <10.0 B Very good operation — stable flow, little or no delays 10.1 to 20.0 C Good operation — slight delays 21.1 to 35.0 D Fair operation — noticeable delays, queuing observed 35.1 to 55.0 E Poor operation — long delays, near or at capacity 55.1 to 80.0 F Forced flow — congestion > 80.0 SOURCE: Highway Capacity Manual, 2000 LOS C describes operations with delay in the range 20.1 seconds and 35.0 seconds per vehicle. These higher delays may result from fair progression and/or longer cycle lengths. Individual cycle failures may begin to appear. The number of vehicles stopping is significant at this level, although many still pass through the intersection without stopping. LOS D describes operations with delay in the range 35.1 seconds and 55.0 seconds per vehicle. At level D, the influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle lengths, or higher v/c ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are more frequent. LOS E describes operations with delay in the range of 55.1 seconds to 80.0 seconds per vehicle. This is considered to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths, and high v/c ratios. Individual cycle failures are frequent occurrences. LOS F describes operations with delay in excess of over 80.0 seconds per vehicle. This is considered to be unacceptable to most drivers. This condition often occurs with over -saturation (i.e., when arrival flow rates exceed the capacity of the intersection). It may also occur at high v/c ratios below 1.00 with many individual cycle failures. Poor progression and long cycle lengths may also be major contributing causes to such delay levels. Street Segments The street segments were analyzed on a daily basis without and with project conditions by comparing the ADT volume to the Riverside County Capacity Standards. This table is included in Appendix D of this SEIR (Appendix B of the October 2007 LLG study) and provides LOS estimates based on traffic volumes and roadway characteristics. Table 3.3-3 below provides a summary of the volume capacity / level of service for Riverside County roadways. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-7 ESA /D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-3 VOLUME CAPACITY / LEVEL OF SERVICE FOR RIVERSIDE COUNTY ROADWAYS (1) Roadway Number of Maximum Two -Way Traffic Volume (ADT)I2) Classification Lanes Service Service Service Service Service Level A Level B Level C Level D Level E Collector 2 7,800 9,100 10,400 11,700 13,000 Major 4 20,460 23,870 27,300 30,700 34,100 Urban 4 21,540 25,130 28,700 32,300 35,900 Urban 6 32,340 37,730 43,100 48,500 53,900 Footnotes: 1. All capacity figures are based on optimum conditions and are intended as guidelines for planning purposes only. 2. Maximum two-way ADT values are based on the 1999 Modified Highway Capacity Manual Level of Service Tables as defined in the Riverside County Congestion Management Program. SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. 3.3.4 Significance Criteria Based on City of Temecula General Plan Circulation Element policy, a significant impact is determined on a roadway segment or intersection with the addition of project traffic if: • The increase in the v/c ratio on roadway segments is greater than 2 percent; or • The increase in the delay at intersections is greater than 2 seconds The impact is direct if the project causes a reduction in the LOS to below "D" and the impact is cumulative if the level of service is below LOS "D" prior to the addition of project. 3.3.5 Analysis of Existing Conditions Table 3.3-4 summarizes the existing intersection conditions. As shown, all intersections are currently calculated to operate at an LOS D or better except the SR 79/Pechanga Parkway intersection (LOS F during PM peak hour). Appendix D of this SEIR (Appendix C of the October 2007 LLG study) contains the existing peak hour intersections analysis worksheets. 3.3.6 Daily Street Segment Level of Service Table 3.3-5 shows the existing street segment operations. As shown, all street segments are currently calculated to operate at LOS D or better except the following: • SR 79 from I-15 to Pechanga Parkway (LOS F) • Pechanga Parkway south of SR 79 (LOS F) Temecula Regional Hospital 3.3-8 Final Supplemental Environmental Impact Report ESA 1 D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-4 EXISTING INTERSECTION OPERATING CONDITIONS Intersection Control Peak Type Hour Existing Delay' LOS"' 1. Highway 79 /1-15 SB Ramps Signal 2. Highway 79 /1-15 NB Ramps Signal 3. Highway 79 / La Paz St Signal 4. Highway 79 / Pechanga Pkwy Signal 5. Highway 79 / Jedediah Smith Rd Signal 6. Highway 79 / Avenida De Missiones Signal 7. Highway 79 / Country Glen Wy Signal 8. Highway 79 / Redhawk Pkwy / Margarita Rd Signal 9. Highway 79 / Butterfield Stage Rd Signal 10. De Portola Rd / Margarita Rd Signal Footnotes: a. Highway Capacity Manual average delay in seconds per vehicle b. Level of Service. AM PM 32.2 37.5 C D AM 12.0 B PM 34.0 C AM 13.3 B PM 27.4 C AM 23.3 C PM 73.9 E AM 10.5 B PM 15.6 B AM 6.4 A PM 7.6 A AM 5.0 A PM 10.1 B AM 28.4 C PM 32.1 C AM 18.8 B PM 20.2 C AM 13.9 B PM 18.4 B SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. 3.3.7 Trip Generation Institute of Transportation Engineers (ITE) traffic generation rates are generally used to determine trip generation for projects in the City of Temecula. Hospital trip generation rates published in the San Diego Association of Governments (SANDAG) Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region are higher than ITE rates and hence were used to calculate worst-case total trip generation for the hospital portion of the project. The trip generation rates in (ITE) Trip Generation were used for the Medical Office building. There are no standard trip generation rates available for the Cancer Rehabilitation Center and the Physical Rehabilitation Center. Hence, the rates for the Medical Office in ITE were used to estimate the trip generation for all non -hospital land uses. SIGNALIZED DELAY/LOS THRESHOLDS Delay LOS 0.0 < 10.0 A 10.1 to 20.0 B 20.1 to 35.0 C 35.1 to 55.0 D 55.1 to 80.0 E > 80.1 F Project Phase 1 Trip Generation The Project Phase I development (170 bed hospital and 80,000 square feet of medical office) is calculated to generate 6,290 ADT with 474 trips during the AM peak hour (350 inbound / 124 outbound) and 629 trips during the PM peak hour (214 inbound / 415 outbound trips). Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-9 ESA /D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-5 EXISTING STREET SEGMENT OPERATIONS Street Segment Existing Roadway Class a Capacity (LOS E) ADT ° V/C d LOS e Hiahwav 79 West of 1-15 1-15 to Pechanga Pkwy Pechanga Pkwy to Margarita Rd Margarita Rd to Butterfield Stage Rd Pechanga Parkway South of Highway 79 Butterfield Stage Road North of Highway 79 South of Highway 79 De Portola Road West of Margarita Rd Margarita Road / Redhawk Parkway Jedediah Smith Road to De Portola Road De Portola Road to Highway 79 South of Highway 79 4 -Ln Major Rd 6 -Ln Urban Rd 6 -Ln Urban Rd 6 -Ln Urban Rd 4 -Ln Major Rd 4 -Ln Major Rd 4 -Ln Major Rd 2 -Ln Collector 4 -Ln Major Rd 4 -Ln Major Rd 4 -Ln Major Rd 34,100 19,700 0.578 A 53,900 77,600 1.440 F 53,900 39,000 0.724 C 53,900 34,200 0.635 B 34,100 42,900 1.258 F 34,100 12,800 0.375 A 34,100 13,300 0.390 A 13,000 8,000 0.615 B 34,100 17,700 0.493 A 34,100 26,200 0.730 C 34,100 25,200 0.702 C Footnotes: a. Roadway classification determined based on existing cross-sections. b. Roadway Capacities based on Riverside County Roadway Classification Table (see Appendix B of October 2007 LLG study). c. Average Daily Traffic Volumes. d. Volume / Capacity ratio e. Level of Service. SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. The project is proposed to be constructed in two phases. Therefore, the project traffic generation was defined in two phases. Table 33-6 tabulates the Phase I and total project traffic generation. Project Phase 11 Trip Generation The Project Phase II development (Ultimate build -out — 320 -bed hospital, 140,000 square -foot of medical office, a 10,000 square -foot cancer rehabilitation center and an 8,000 square -foot rehabilitation and physical therapy center) and is calculated to generate 5,820 ADT with 437 trips during the AM peak hour (324 inbound / 113 outbound) and 582 trips during the PM peak hour (197 inbound / 385 outbound trips). Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-10 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-6 PROJECT TRIP GENERATION - TOTAL TRIPS Land Use Quantity Daily Trip Ends (ADT) a AM Peak Hour PM Peak Hour % of ADT In : Out Split Volume o, of ADT In : Out Split Volume Rate Volume In Out Total In Out Total Phase! Hospital 170 Beds 20 /Bed b 3,400 8% 70 30 190 82 272 10% 40 60 136 204 340 Medical Office 80,000 SF 36.13 /KSF c 2,890 7% 79 : 21 160 42 202 10% 27 : 73 78 211 289 Subtotal Phase! 6,290 350 124 474 214 415 629 Phase II Hospital 150 Beds 20 /Bed 3,000 8% 70 30 168 72 240 10% 40 60 120 180 300 Medical Office 60,000 SF 36.13 /KSF 2,170 7% 79 21 120 32 152 10% 27 73 59 158 217 Cancer Rehab Center d 10,000 SF 36.13 /KSF 360 7% 79 : 21 20 5 25 10% 27 : 73 10 26 36 Rehab and Phys Therapy d 8,000 SF 36.13 /KSF 290 7% 79 : 21 16 4 20 10% 27 : 73 8 21 29 Subtotal Phase II 5,820 324 113 437 197 385 582 Total Project 12,110 674 237 911 411 800 1,211 Footnotes: Trip Ends are one-way traffic movement, either entering or leaving. Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region, April 2002, SANDAG ITE Trip Generation Manual, 7th Edition. The rates for Medical Office in the ITE Trip Generation Manual, 7th Edition were used since no separate rates are available for this land use. This rate is very conservative since these uses are expected to generate much lower traffic volumes. SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. Temecula Regional Hospital 3.3-11 Final Supplemental Environmental Impact Report ESA /D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic Total Trip Generation The entire project at build -out (Phase I and Phase II) is calculated to generate 12,110 ADT with 911 trips during the AM peak hour (674 inbound / 237 outbound) and 1,211 trips during the PM peak hour (411 inbound / 800 outbound trips). The project proposes a total of three access driveways two onto Highway 79 and one onto De Portola Road, as shown in Figure 2-3. In addition, an onsite circulation system consisting of private drive lanes and parking areas are proposed. Trip Distribution/Assignment The project trip distribution was estimated based on the location of residential neighborhoods, the location of other area hospitals, the site access and the roadway network. A growth rate of 3 percent per year for three years was applied to the existing traffic volumes to estimate Opening Year traffic conditions. This constitutes the baseline background traffic. The growth rate was utilized to account for area wide traffic growth. This growth rate of 3 percent per year is estimated, based on the average historical annual growth of traffic along Highway 79 (Appendix D of this SEIR, Appendix A of the October 2007 LLG study). Figure 3.3-3 depicts the Opening Year without project traffic volumes. Figure 3.3-4 depicts the project trip distribution. Figure 3.3-5 depicts the Project Phase I traffic volumes, while Figure 3.3-6 depicts the Opening Year with Project Phase I traffic volumes. Figure 3.3-7 depicts the Project Phase II traffic volumes and Figure 3.3-8 depicts the Entire Project (Phases I & II) traffic volumes. Figure 3.3-9 depicts the Opening Year with Entire Project (Phases I & II) traffic volumes. 3.3.8 Cumulative Traffic Volumes Based on discussions with City of Temecula and Riverside County staff, it was determined that 30 area projects have the potential to add cumulative traffic to the study area. Table 3.3-7 provides a brief description of each project that has cumulative considerations. Appendix D of this SEIR and Appendix D of the October 2007 LLG study contains Cumulative Projects Data. Summary of Cumulative Projects Trips Table 3.3-8 summarizes the individual cumulative project trip generation. As shown in Table 3.3-8, the cumulative projects are calculated to generate a total of 117,834 daily trips, with 7,576 trips in the AM peak hour (3,463 inbound and 4,113 outbound) and 11,452 trips in the PM peak hour (6,012 inbound and 5,441 outbound). Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-12 ESA/ D207434 January 2008 NOTES: — ADT (Average Daily Traffic) shown midblock — AM/PM peak hour volumes are shown at the intersections � J°0�zy4b�. 1 Etif ,1 t -43 l fir,. .r`m`o� 1324/848 % 308/303 • • 963/1751-4 •. 781/13211 AFcg4-> 60 ,e_ 5e' ▪ o: . 9 • • VAU. I NORTH NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-3 Opening Year without Project Traffic Volumes AM/PM Peak Hours and ADT SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-4 Project Traffic Distribution AM/PM Peak Hours and ADT NOTES: — ADT (Average Daily Traffic) shown midblock — AM/PM peak hour volumes are shown at the intersections REV. 10/15/07 N:\1752\AutoCAD\LLG1752 Figures 37/125 X621 105/8a— r 123/75 83/185 NORTH NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-5 Proposed Project Phase 1 Traffic Volumes AM/PM Peak Hours and ADT �s> u��Zti NOTES: — ADT (Average Daily Traffic) shown midblock — AM/PM peak hour volumes are shown at the intersections 9,44 PQ 1391 971 % 314/324 1099/1915— )81/1221, • • r NORTH NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-6 Opening Year with Project Phase 1 Traffic Volumes AM/PM Peak Hours and ADT NOTES: — ADT (Average Daily Traffic) shown midblock — AM/PM peak hour volumes are shown at the intersections 0 0 Ex Pi Z o n>,,39 ti J{ 116 x619 9)/59 4÷40.:'' ) 11• 1 r5 "•-•4 S 59 VAIL NORTH NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-7 Proposed Project Phase 11 Traffic Volumes AM/PM Peak Hours and ADT NOTES: — ADT (Average Daily Traffic) shown midblock — AM/PM peak hour volumes are shown at the intersections 71/241 • r 12/40 202/123 r g • tra VAIL BAHCH NORTH GEO NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-8 Proposed Entire Project (Phase 1 + Phase II) Traffic Volumes AM/PM Peak Hours and ADT NOTES: — ADT (Average Daily Traffic) shown midblock — AM/PM peak hour volumes are shown at the intersections 464k4 7042 'Pe RR's' ,-dT% PROJECT _ g ))�n75 •�'7*t�Ly41 ¢� 88..? 'N��\, s m `28/MIfliztJA2� `se/w iii- 2%2732... 1j( e '284N61/19,-",41 : 1n1 ��°C�1 R = 1 1 l l • • • • 1395/108i• f 320/W 116318]1— ', 781/1221, a n • A* R) 441. (, rt ,,v - i� � �95�1lg4'I r 2a •�i} lAra ' o2eifz VA1LR4 NORTH NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-9 Opening Year with Entire Project Traffic Volumes AM/PM Peak Hours and ADT 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-7 CUMULATIVE PROJECTS LIST NamelLocation Type of Development Description 1. Summerhouse—SW comer of Mixed-use Maragrita Rd. and De Portola Rd. The Temecula Senior Care Facility includes a retirement community, congregate care and a medical office. The proposed project is estimated to generate 2,214 daily trips, with 128 trips in the AM peak hour (90 inbound and 38 outbound) and 205 trips in the PM peak hour (79 inbound and 126 outbound.) 2. Temecula Creek Inn—W of 1-15 Residential Temecula Creek Inn is a 500 single-family home Subdivision adjacent to the Temecula Creek golf course. The proposed project is estimated to generate 4,785 daily trips, with 128 trips in the AM peak hour (94 inbound and 281 outbound) and 205 trips in the PM peak hour (318 inbound and 187 outbound). 3. Tentative Tract Map No. 30180— Mixed-use Tentative Tract Map 30180 includes commercial/retail uses located within the Creekside SE corner of SR 79 and Pechanga Plaza development. The proposed project is estimated to generate 4,894 daily trips, with Parkway 114 trips in the AM peak hour (70 inbound and 44 outbound) and 450 trips in the PM peak hour (216 inbound and 234 outbound). 4. Temecula Creek—W of 1-15 Commercial Temecula Creek includes a hotel and convention center. The proposed project is estimated to generate 515 daily trips, with 29 trips in the AM peak hour (17 inbound and 44 outbound) and 46 trips in the PM peak hour (25 inbound and 21 outbound). 5. Vail Ranch Town Center—SE corner Commercial The Vail Ranch Towne Center includes office and retail uses. The proposed project is of SR 78 and Redhawk Pkwy estimated to generate 6,036 daily trips, with 426 trips in the AM peak hour (266 inbound and 166 outbound) and 488 trips in the PM peak hour (193 inbound and 295 outbound). 6. Tentative Tract Map No. 29473 7. Tentative Tract Map No. 29031 Residential Tentative Tract Map No. 29473 includes single family detached residential units. The proposed project is estimated to generate 2,326 daily trips, with 182 trips in the AM peak hour (46 inbound and 136 outbound) and 245 tirps in the PM peak hour (158 inbound and 87 outbound). Residential Tentative Tract Map No. 29031 includes single family detached residential units. The proposed project is estimated to generate 1,225 daily trips, with 96 trips in the AM peak hour (24 inbound and 72 outbound) and 129 trips in the PM peak hour (83 inbound and 46 outbound). 8. Tentative Tract Map No. 30052 Residential Tentative Tract Map No. 30052 – includes single-family detached residential units. The proposed project is estimated to generate 1,168 daily trips, with 91 trips in the AM peak hour (23 inbound and 69 outbound) and 123 trips in the PM peak hour (79 inbound and 44 outbound). 9. Pechanga Casino Expansion—SW of Commercial Pechanga Casino Expansion includes an expansion of the existing casino. The proposed SR 79/ Pechanga Pkwy intersection project is estimated to generate 18,000 daily trips. 10. Margarita Canyon Mixed-use Margarita Canyon includes commercial/retail land uses. The proposed project is estimated to generate 7,909 daily trips, with 184 trips in the AM peak hour (112 inbound and 72 outbound) and 733 trips in the PM peak hour (352 inbound and 381 outbound). 11. Rancho Community Church— W of project site Institutional Rancho Community Church includes a variety of land uses other than the church including a private kindergarten– 8th grade school, a private high school, a preschool as well as 15 acres of general retail/office (retail) uses. The total project is estimated to generate 5,136 daily trips, with 706 trips in the AM peak hour (462 inbound and 244 outbound) and 410 trips in the PM peak hour (161 inbound and 249 outbound). 12. Wolf Creek Residential Wolf Creek proposes single-family detached residential units. The proposed project (assumed to be 1,000 dwelling units) is estimated to generate 9,570 daily trips, with 675 trips in the AM peak hour (169 inbound and 506 outbound) and 909 trips in the PM peak hour (572 inbound and 337 outbound). 13. Morgan Hill Mixed-use Morgan Hill includes single-family detached residential units, an Elementary school, and a park. The proposed project is estimated to generate 5,430 daily trips, with 621 trips in the AM peak hour (253 inbound and 368 outbound) and 564 trips in the PM peak hour (338 inbound and 226 outbound). 14. Tentative Tract Map No. 24188 15. Apis Plaza Residential Tentative Tract Map 24188- includes 291 apartments. The proposed project is estimated to generate 2,507 daily trips, with 2,507 trips in the 196 AM peak hour (49 inbound and 147 outbound) and 265 trips in the PM peak hour (170 inbound and 95 outbound). Commercial Apis Plaza includes commercial/retail, as well as a fast food restaurant, and a high turnover sit-down restaurant. The proposed project is estimated to generate 5,345 daily trips, with 230 trips in the AM peak hour (127 inbound and 103 outbound) and 462 trips in the PM peak hour (230 inbound and 232 outbound). 16. Paloma Del Sol Office Building Professional Paloma Del Sol Office Building - includes 75,000 square feet of office space. The proposed project is estimated to generate 958 daily trips, with 134 trips in the AM peak hour (118 inbound and 16 outbound) and 147 trips in the PM peak hour (25 inbound and 122 outbound). 17. Park and Ride—SR and La Paz Rd. Public A 209 space Park & Ride facility is planned at the northeast corner of the SR 79 / La Paz intersection. This facility is estimated to generate approximately 543 daily trips, with 272 trips Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-20 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic NamelLocation Type of Development Description in the AM peak hour (190 inbound and 82 outbound) and 272 trips in the PM peak hour (82 inbound and 190 outbound). 18. Temecula Lane I—SW of project site Residential Temecula Lane I is a residential development with 96 single-family dwelling units and 332 multi -family dwelling units. This project is estimated to generate approximately 2,780 daily trips, with 212 trips in the AM peak hour (42 inbound and 170 outbound) and 263 trips in the PM peak hour (172 inbound and 91 outbound). 19. Roripaugh Ranch Specific Plan Area (SPA) Mixed-use The Roripaugh Ranch SPA is partly constructed. 1,800 single-family dwelling units remain to be constructed in this project. These remaining units are estimated to generate approximately 14,850 daily trips, with 1,269 trips in the AM peak hour (317 inbound and 952 outbound) and 1,445 trips in the PM peak hour (910 inbound and 535 outbound). 20. De Portola Meadows— E of Redhawk Pkwy Residential De Portola Meadows is a residential development with 147 single-family dwelling units and 156 multi -family dwelling units. This project is estimated to generate approximately 2,420 daily trips, with 186 trips in the AM peak hour (41 inbound and 145 outbound) and 236 trips in the PM peak hour (153 inbound and 83 outbound). 21. St. Thomas of Canterbury—SE of SR 79 and Avenida de Missione Institutional St Thomas of Canterbury is a church / preschool. This project includes a 30,473 square -foot building. This project is estimated to generate approximately 682 daily trips, with 111 trips in the AM peak hour (59 inbound and 52 outbound) and 116 trips in the PM peak hour (55 inbound and 61 outbound). 22. Hemmingway at Redhawk—SE of project site on Redhawk Pkwy Residential Hemmingway at Redhawk is a residential development with 108 single-family dwelling units. This project is estimated to generate approximately 1,100 daily trips, with 85 trips in the AM peak hour (21 inbound and 64 outbound) and 115 trips in the PM peak hour (72 inbound and 43 outbound). 23. Temecula Professional Building II (PA06-0329)—NE corner of Margarita Pkwy and De Portola Rd. Professional Temecula Professional Building II (PA06-0329) is an 11,595 square -foot office development. This project is estimated to generate approximately 254 daily trips, with 33 trips in the AM peak hour (29 inbound and 4 outbound) and 92 trips in the PM peak hour (16 inbound and 76 outbound). 24. Gateway Plaza—SE corner of SR 79 and Avenida De Missione Commercial Gateway Plaza is a two -storied, 30,573 square -foot office development. This project is estimated to generate approximately 536 daily trips, with 24 trips in the AM peak hour (21 inbound and 3 outbound) and 113 trips in the PM peak hour (19 inbound and 94 outbound). 25. Redhawk Condos—SE of project site, off Redhawk Pkwy 26. Stratford at Redhawk—SE of project site, off Redhawk Pkwy Residential Redhawk Condos is a residential development with 97 multi -family dwelling units located at the Peach Tree Street / Deer Hollow Way intersection. This project is estimated to generate approximately 625 daily trips, with 50 trips in the AM peak hour (9 inbound and 41 outbound) and 59 trips in the PM peak hour (40 inbound and 19 outbound). Residential Stratford at Redhawk is a residential development with 106 single family dwelling units. This project is estimated to generate approximately 1,120 daily trips, with 84 trips in the AM peak hour (21 inbound and 63 outbound) and 115 trips in the PM peak hour (72 inbound and 43 outbound). 27. Butterfield Station—SW corner of SR 79 and Butterfield Stage Rd. 28. De Portola Professional Offices— SW corner of Maragrita Rd and De Portola Rd. Retail Butterfield Station is a 7,300 square -foot retail development located off of SR 79 between Mahlon Vail and Butterfield Stage Road. This project is estimated to generate approximately 5,535 daily trips, with 130 trips in the AM peak hour (79 inbound and 51 outbound) and 510 trips in the PM peak hour (291 inbound and 219 outbound). Professional De Portola Professional Offices is a 38,501 square -foot office development. This project is estimated to generate approximately 640 daily trips, with 87 trips in the AM peak hour (77 inbound and 10 outbound) and 120 trips in the PM peak hour (20 inbound and 100 outbound). 29. Heritage Hotel—NW corner of SR 79 and La Paz St. Commercial Heritage Hotel is a 142 -room hotel development with a 5,500 square -foot restaurant. This project is estimated to generate approximately 1,760 daily trips, with 85 trips in the AM peak hour (51 inbound and 34 outbound) and 122 trips in the PM peak hour (68 inbound and 54 outbound). 30. Halcon de Rojo—NE comer of SR 79 and Jedediah Smith Rd. SOURCE: City of Temecula Professional Halcon de Rojo is a 65,880 square -foot office development. This project is estimated to generate approximately 967 daily trips, with 134 trips in the AM peak hour (118 inbound and 16 outbound) and 153 trips in the PM peak hour (26 inbound and 127 outbound). Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-21 ESA /D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-8 CUMULATIVE PROJECTS TRIP GENERATION Land Use Quantity Daily Trip Ends (ADT) AM Peak Hour PM Peak Hour % of ADT Volume % of ADT Volume Rate Volume In Out Total In Out Total 1. Summerhouse 2,214 90 38 128 79 126 205 2. Temecula Creek Inn 4,785 94 281 375 318 187 505 3. Tentative Map 30180 (Not Built) EZ Lube 4 Positions 40/Position 160 5.19 12 9 21 4.60 10 8 18 Bank 4,000 SF T=182.34X+256.87 986 12.34 27 22 49 45.74 92 91 183 4. Temecula Creek 515 17 12 29 25 21 46 5. Vail Ranch Towne Center 6,036 266 166 432 193 295 488 6. Tentative Tract Map No. 29473 2,326 46 136 182 158 87 245 7. Tentative Tract Map No. 29031 1,225 24 72 96 83 46 129 8. Tentative Tract Map No. 30052 1,168 23 69 92 79 44 123 9. Pechanga Casino Expansion 10,234 288 164 452 252 225 477 10. Margarita Canyon 7,909 112 72 184 352 381 733 11. Rancho Community Church (Not Built) Middle School 408 Students 1.62/Student 660 52 42 94 0.15 32 29 61 High School 456 Students Ln (T)=0.81LN(X)+1.86 915 153 69 222 0.14 30 34 64 12. Wolf Creek Single Family Residential 520 Units Ln (T)=0.92LN(X)+2.71 4,739 93 280 373 298 175 473 Community Commercial 12 Acres 700/Acre 8,400 4% 202 134 336 10% 420 420 840 Neighborhood Commercial 8 Acres 1200/Acre 9,600 4% 230 154 384 10% 480 480 960 13. Morgan Hill 5,430 253 368 621 338 226 564 14. Tentative Tract Map No. 24188 2,507 49 147 196 170 95 265 15. Apis Plaza 5,345 127 103 230 230 232 462 16. Paloma Del Sol Office Building 958 118 16 134 25 122 147 17. Park & Ride at Highway 79 / La Paz 209 Spaces 2.6/Space 543 190 82 272 82 190 272 18. Temecula Lane I 7,909 112 72 184 352 381 733 Single Family Residential 96 Units Ln (T)=0.92Ln(X)+2.71 1,000 19 58 77 65 38 103 Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-22 ESA/D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-8 (CONT.) CUMULATIVE PROJECTS TRIP GENERATION Land Use Quantity Daily Trip Ends (ADT) AM Peak Hour AM Peak Hour Volume Volume Rate Volume %of ADT In Out Total of ADT In Out Total Multi -Family Residential 332 Units Ln (T)=0.85Ln(X)+2.55 1,780 23 112 135 107 53 160 19. Roripaugh Ranch SPA 1,800 Units Ln (T)=0.92LN(X)+2.71 14,850 317 952 1269 910 535 1,445 20. De Portola Meadows Single Family Residential 147 Units Ln (T)=0.92LN(X)+2.71 1,480 28 84 112 95 55 150 Multi -Family Residential 156 Units Ln (T)=0.85Ln(X)+2.55 940 13 61 74 58 28 86 21. St Thomas of Canterbury 682 59 52 111 55 61 116 22. Hemmingwayat Redhawk 108 Units Ln (T)=0.92LN(X)+2.71 1,100 21 64 85 72 43 115 23. Temecula Professional Building II 11,595 SF Ln (T)=0.77Ln(X)+3.65 254 29 4 33 16 76 92 (PA06-0329) 24. Gateway Plaza 30,573 SF Ln (T)=0.77Ln(X)+3.65 536 21 3 24 19 94 113 25. Redhawk Condos 97 Units Ln (T)=0.85Ln(X)+2.55 625 9 41 50 40 19 59 26. Stratford at Redhawk 106 Units Ln (T)=0.92LN(X)+2.71 1,120 21 63 84 72 43 115 27. Butterfield Station (Retail) 73,000 SF Ln (T)=0.65Ln(X)+5.83 5,535 79 51 130 291 219 510 28. De Portola Professional Offices 38,501 SF Ln (T)=0.77Ln(X)+3.65 640 77 10 87 20 100 120 29. Heritage Hotel Hotel 142 Rooms 8.92/Room 1,270 47 34 81 7.49 40 41 81 Restaurant 5,500 SF 89.95/KSF ` 490 0.81 4 0 4 7.49 28 13 41 30. Halcon de Rojo 65,880 SF Ln (T)=0.77Ln(X)+3.65 967 118 16 134 26 127 153 Total Project 117,834 3,463 4,113 7,576 6,012 5,441 11,452 Footnote: Only the portions of projects that are yet to be built that were under construction at the time the traffic counts were conducted are included in the above list. SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-23 ESA /0207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic Figure 3.3-10 depicts the cumulative projects locations, while Figure 3.3-11 depicts total Cumulative Projects traffic volumes. Figure 3.3-12 depicts the Opening Year with Entire Project and Cumulative Projects traffic volumes. 3.3.9 Analysis of Near -Term Scenarios Project Opening Day without Project Project Opening day traffic conditions, without project, represents existing traffic volumes with a growth of 3 percent per year for three years added. Intersection Analysis Table 3.3-9 summarizes the Opening Day intersection operations. As seen in Table 3.3-9, all study area intersections are calculated to operate at LOS D or better except the following: • SR79atI-15 SB Ramps • SR79atI-15 NB Ramps • SR 79 at Pechanga Parkway Intersection • SR 79 at La Paz Street Appendix D of this SEIR (Appendix E of the October 2007 LLG study) contains the Opening Year without Project peak hour intersection analysis worksheets. Segment Operations Table 3.3-10 summarizes the Opening Year traffic conditions for the street segment operations, without project. As seen in Table 3.3-10, all study area street segments are calculated to operate at LOS D or better except the following: • SR 79 between I-15 and Pechanga • Pechanga Parkway south of SR 79 Parkway Project Opening Day with Project Phase 1 Project opening day with Project Phase I represents Project Opening Day traffic volumes with the addition of Project Phase I traffic volumes. Intersection Analysis Table 3.3-9 summarizes the opening day with Project Phase I intersection operations. As seen in Table 3.3-9, all study area intersections are calculated to operate at LOS D or better with the addition of Project Phase I traffic except the following: Cumulative Impact • SR 79 at I-15 SB Ramps • SR 79 at I-15 NB Ramps • SR 79 at Pechanga Parkway Intersection • SR 79 at La Paz Street Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-24 ESA/ D207434 January 2008 Cumulative Project Locations O! Summerhouse Tentative Map 30180 (Remaining) 3 Rancho Commun/ty Church (Remaining) 1® Temecula Lane 1 W Portola Meadows © St Thomas of Canterbury Hemmkgwoy at Redhawk Temecula Professional Building Gateway Plaza Redhawk Condos Stratford at Redhawk Butterfield Station De Portola Prfesslarwl Offices Heritage Hotel Hakron De Rojo NORTH NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-10 Cumulative Projects Locations NOTES: — ADT (Average Daily Traffic) shown midblock — AM/PM peak hour volumes are shown of the intersections Fj n PQ 11.- m '1 PROJECT J i �® SITE >6 REV. 10/19/07 N:\1752\AutoCAD \LLG1752 Figures Eig • • 920/709 • 248/524 520/1047—. r 290/9211 0 �x 4/9 11103/11490 110511 59 /119} 501 1 I• 0 16:1":" Vh1L A2Tt N NORTH NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-11 Cumulative Projects Traffic Volumes AM/PM Peak Hours and ADT NOTES: — ADT (Average Daily Traffic) shown midblock — AM/PM peak hour volumes are shown at the intersections e .yam PQ y�Q % e\ 51,19 iN 0 1\~ 3'490 � n s3 PROJECT . .\ % r $N za J [It � 010," 1 ,z: REV. 10/19/07 N:\1752\AutoCAD\LLG1752 Figures 1985/2921 ',Oat/2142-1, 2315 1796. % x/857 - 2"..71-= `192/22] fi` 743(25" 93 392J tit( 293 33/993-1 1 n '0 -v9 0 0 dee/ "lA3 • mR.9 pn 159P+1��e°•- i 6,12,0 • •'191l fsl 40 •. VAI. gla4 NORTH NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-12 Opening Year with Entire Project and Cumulative Projects Traffic Volumes AM/PM Peak Hours and ADT 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-9 PROJECT OPENING DAY INTERSECTION OPERATIONS Intersection Control Peak Type Hour Existing Project Opening Day Project Opening Day Without Project With Project Phase I Delaya LOS° Delaya LOS° Delaya LOS° A Delay Impact Type 1. Highway 79 /1-15 SB Ramps Signal AM 32.2 C 40.6 D 46.1 D 5.5 None PM 37.5 D 56.9 E 58.2 E 1.3 Cumulative 2. Highway 79 /1-15 NB Ramps Signal AM 12.0 B 13.3 B 14.4 B 1.1 None PM 34.0 C 56.7 E 59.1 E 2.4 Cumulative 3. Highway 79 / La Paz St Signal AM 13.3 B 16.3 B 16.6 B 0.3 None PM 27.4 C 58.5 E 61.2 D 2.7 Cumulative 4. Highway 79 / Pechanga Pkwy Signal AM 23.3 C 26.6 C 27.8 C 1.2 None PM 73.9 E 109.7 F 114.3 F 4.6 Cumulative 5. Highway 79 / Jedediah Smith Rd Signal AM 10.5 B 11.0 B 11.2 B 0.2 None PM 15.6 B 17.2 B 17.3 B 0.1 None 6. Highway 79 / Avenida De Missiones Signal AM 6.4 A 6.7 A 8.2 A 1.5 None PM 7.6 A 8.7 A 9.9 A 1.2 None 7. Highway 79 / Country Glen Wy Signal AM 5.0 A 5.2 A 26.6 C 21.4 None PM 10.1 B 11.1 B 24.0 C 12.9 None 8. Highway 79 / Redhawk Pkwy / Margarita Rd Signal AM 28.4 C 30.8 C 33.8 C 3.0 None PM 32.1 C 34.9 C 37.1 D 2.2 None 9. Highway 79 / Butterfield Stage Rd Signal AM 18.8 B 20.0 B 20.4 C None PM 20.2 C 22.8 C 24.1 C None 10. De Portola Rd / Margarita Rd Signal AM 13.9 B 14.0 B 14.3 B None PM 18.4 B 21.4 C 22.1 C None Footnotes: a. Highway Capacity Manual average delay in seconds per vehicle b. Level of Service. c. L denotes an increase in delay due to project. SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. SIGNALIZED Delay LOS 0.0 < 10.0 A 10.1 to 20.0 B 20.1 to 35.0 C 35.1 to 55.0 D 55.1 to 80.0 E Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-28 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-10 PROJECT OPENING DAY SEGMENT OPERATIONS Street Segment Existing Roadway Capacity Class a (LOS E)1) Existing Project Opening Day Project Opening Day Without Project With Project Phase I ADT ` WC d LOS e ADT ` WC d LOS e ADT ` WC d LOS e Impact V/C f Type Highway 79 West of 1-15 4 -Ln Maj Art 34,100 19,700 0.578 A 21,470 0.630 B 21,660 0.635 B 0.006 None 1-15 to Pechanga Pkwy 6 -Ln Prin Art 53,900 77,600 1.440 F 84,580 1.569 F 86,470 1.604 F 0.035 Cumulative Pechanga Pkwy to Margarita Rd 6 -Ln Prin Art 53,900 39,000 0.724 C 42,510 0.789 C 45,780 0.849 D 0.061 None Margarita Rd to Butterfield Stage Rd 6 -Ln Prin Art 53,900 34,200 0.635 B 37,280 0.692 B 38,480 0.714 C 0.022 None Pechanga Parkway South of Highway 79 4 -Ln Maj Art 34,100 42,900 1.258 F 46,760 1.371 F 47,070 1.380 F 0.009 Cumulative Butterfield Stage Road North of Highway 79 4 -Ln Maj Art 34,100 12,800 0.375 A 13,950 0.409 A 14,450 0.424 A 0.015 None South of Highway 79 4 -Ln Maj Art 34,100 13,300 0.390 A 14,500 0.425 A 15,130 0.444 A 0.018 None De Portola Road West of Margarita Rd 2 -Ln Col 13,000 8,000 0.615 B 8,720 0.671 B 9,350 0.719 C 0.048 None Margarita Road/Redhawk Parkway Jedediah Smith Rd to De Portola Rd 4 -Ln Maj Art 34,100 17,700 0.493 A 19,290 0.537 A 20,230 0.564 A 0.026 None De Portola Rd to Highway 79 4 -Ln Maj Art 34,100 26,200 0.730 C 28,560 0.796 C 29,500 0.822 D 0.026 None South of Highway 79 4 -Ln Maj Art 34,100 25,200 0.702 C 27,470 0.765 C 28,100 0.783 C 0.018 None Footnotes: a. Roadway classification determined based on existing cross-sections. b. Roadway Capacities based on Riverside County Roadway Classification Table (see Appendix 8 of the October 2007 LLG study). c. Average Daily Traffic Volumes. d. Volume / Capacity ratio e. Level of Service. f. Increase in V/C ratio. SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-29 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-11 ENTIRE PROJECT AND CUMULATIVE PROJECTS INTERSECTION OPERATIONS Intersection Project Opening Day Project Opening Day Control Peak With Project Phase I With Entire Project d Impact Type Type Hour Delay ° Project Opening Day With Entire Project & Cumulative Projects Delaya LOSb Delaya LOS' Delaya LOS' 1. Highway 79 / 1-15 SB Ramps Signal AM 46.1 D 49.1 D 3.0 None 121.9 F PM 58.2 E 62.7 E 4.5 Cumulative 224.3 F 2. Highway 79 /1-15 NB Ramps Signal AM 14.4 B 14.6 B 0.2 None 80.9 F PM 59.1 E 63.1 E 4.0 Cumulative 298.2 F 3. Highway 79 / La Paz St Signal AM 16.6 B 16.9 B 0.3 None 163.6 F PM 61.2 D 65.0 E 3.8 Cumulative 318.5 F 4. Highway 79 / Pechanga Pkwy Signal AM 27.8 C 29.3 C 1.5 None 125.0 F PM 114.3 F 115.2 F 0.9 Cumulative 517.2 F 5. Highway 79 / Jedediah Smith Rd Signal AM 11.2 B 12.3 B 1.1 None 30.7 C PM 17.3 B 17.7 B 0.4 None 123.5 F 6. Highway 79 / Avenida De Missiones Signal AM 8.2 A 8.3 A 0.1 None 12.9 B PM 9.9 A 11.5 B 1.6 None 95.3 F 7. Highway 79 / Country Glen Wy Signal AM 21.5 C 22.9 C 1.4 None 77.3 E PM 24.0 C 34.1 C 10.1 None 244.6 F 8. Highway 79 / Redhawk Pkwy / Margarita Rd Signal AM 33.8 C 36.6 D 2.8 None 178.7 F PM 37.1 D 39.6 D 2.5 None 264.0 F 9. Highway 79 / Butterfield Stage Rd Signal AM 20.4 C 20.9 C 0.5 None 32.7 C PM 24.1 C 24.3 C 0.2 None 37.9 D 10. De Portola Rd / Margarita Rd Signal AM 14.3 B 14.9 B 0.6 None 23.6 C PM 22.1 C 23.3 C 1.2 None 49.3 D Footnotes: a. Highway Capacity Manual average delay in seconds per vehicle b. Level of Service. c. 0 denotes an increase in delay due to project. SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. SIGNALIZED Delay LOS 0.0 < 10.0 A 10.1 to 20.0 B 20.1 to 35.0 C 35.1 to 55.0 D 55.1 to 80.0 E > 80.1 F Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-30 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-12 ENTIRE PROJECT AND CUMULATIVE PROJECTS SEGMENT OPERATIONS Street Segment Existing Roadway Class a Project Opening Day Project Opening Day Capacity With Project Phase I With Entire Project Impact (LOS E) b V/C t Type Project Opening Day With Entire Project and Cumulative Projects ADT c VIC d LOS a ADT c VIC d LOS a ADT c VIC d LOS e Impact Type Highway 79 West of 1-15 4 -Ln Maj Art 34,100 21,660 0.635 B 21,830 0.640 B 0.005 None 32,490 0.953 E Cumulative 1-15 to Pechanga Pkwy 6 -Ln Prin Art 53,900 86,470 1.604 F 88,220 1.637 F 0.032 Cumulative 123,340 2.288 F Cumulative Pechanga Pkwy to Margarita Rd 6 -Ln Prin Art 53,900 45,780 0.849 D 48,810 0.906 E 0.056 Direct 82,480 1.530 F Cumulative Margarita Rd to Butterfield Stage Rd 6 -Ln Prin Art 53,900 38,480 0.714 C 39,590 0.735 C 0.021 None 59,880 1.111 F Cumulative Pechanga Parkway South of Highway 79 4 -Ln Maj Art 34,100 47,070 1.380 F 47,360 1.389 F 0.009 None 70,010 2.053 F Cumulative Butterfield Stage Road North of Highway 79 4 -Ln Maj Art 34,100 14,450 0.424 A 14,920 0.438 A 0.014 None 23,100 0.677 B None South of Highway 79 4 -Ln Maj Art 34,100 15,130 0.444 A 15,710 0.461 A 0.017 None 25,960 0.761 C None De Portola Road West of Margarita Rd 2 -Ln Col 13,000 9,350 0.719 C 9,930 0.764 C 0.045 None 11,660 0.897 D None Margarita Road / Redhawk Parkway Jedediah Smith Rd to De Portola Rd 4 -Ln Maj Art 35,900 20,230 0.564 A 21,100 0.588 A 0.024 None 26,060 0.726 C None De Portola Rd to Highway 79 4 -Ln Maj Art 35,900 29,500 0.822 D 30,370 0.846 D 0.024 None 37,690 1.050 F Cumulative South of Highway 79 4 -Ln Maj Art 35,900 28,100 0.783 C 28,680 0.799 C 0.016 None 38,540 1.074 F Cumulative Footnotes: a. Roadway classification assumed based on existing cross-sections. b. Roadway Capacities based on Riverside County Roadway Classification Table (see Appendix B of the October 2007 LLG study). c. Average Daily Traffic Volumes. d. Volume / Capacity ratio e. Level of Service. f. Increase in V/C ratio SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. Temecula Regional Hospital Supplemental Environmental Impact Report 3.3-31 Preliminary— Subject to Revision ESA / D207434 October 2007 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic Appendix D of this SEIR (Appendix F of the October 2007 LLG study) contains the Opening Year with Project Phase I peak hour intersection analysis worksheets. Segment Operations Table 3.3-10 summarizes the opening day with Project Phase I street segment operations. As seen in Table 3.3-10, all study area street segments are calculated to operate at LOS D or better except the following: Cumulative Impact • SR 79 between I-15 and Pechanga Parkway • Pechanga Parkway south of SR 79 Project Opening Day with Entire Project (Phases 1 & 11) Project opening day traffic condition, with the entire project, represents opening day with the addition of traffic volumes generated by the entire project. Intersection Analysis Table 3.3-11 summarizes the Opening Day with the Entire Project intersection operations. As seen in Table 3.3-11, all study area intersections are calculated to operate at LOS D or better except the following: Cumulative Impact • SR 79 / I-15 SB Ramps • SR 791 La Paz Street (LOS E during the PM (LOS E during the PM peak hour) peak hour) • SR 79 / I-15 NB Ramps • SR 79 / Pechanga Parkway (LOS F during (LOS E during the PM peak hour) the PM peak hour) Appendix D of this SEIR (Appendix G of the October 2007 LLG study) contains the Opening Year with the Entire Project peak hour intersection analysis worksheets. Segment Operations Table 3.3-12 summarizes the street segment operations for the Opening Day with the Entire Project. As seen in Table 3.3-12, all study area street segments are calculated to operate at LOS D or better except the following: • SR 79 from I-15 to Pechanga Parkway • SR 79 from Pechanga Parkway to Margarita Road • Pechanga Parkway south of SR 79 Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-32 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic Project Opening Day with Entire Project & Cumulative Projects Project Opening day traffic conditions, with the entire project and cumulative projects, represents opening day with entire project traffic volumes as well as cumulative project traffic volumes. Intersection Analysis Table 3.3-11 summarizes the Project Opening day with Entire Project and Cumulative Projects peak hour intersection operations. As seen in Table 3.3-11, all study area intersections continue to operate at poor LOS conditions except the following: Cumulative Impact • SR 791 Butterfield Stage Rd • De Portola Rd / Margarita Rd Appendix D of this SEIR (Appendix H of the October 2007 LLG study) contains the Opening Year With the Entire Project and Cumulative Projects peak hour intersection analysis worksheets. Segment Operations Table 3.3-12 summarizes the Project Opening day with Entire Project and Cumulative Projects street segment operations. As seen in Table 3.3-12, all study area street segments are calculated to operate at a poor LOS except the following: Cumulative Impact • Butterfield Stage north of SR 79 • Butterfield Stage south of SR 79 • De Portola Road west of Margarita Road • Margarita Road from De Portola Road to Highway 79 • Redhawk Parkway from south of Highway 79 3.3.10 Analysis of Long -Term Scenarios Build -out (Year 2025) Traffic Volumes The City of Temecula build -out volumes were obtained from the City of Temecula General Plan Update Circulation Element Traffic Study dated December 2004. It may be noted that the Build- out (Year 2025) network assumes a new traffic interchange at I-15, south of Highway 79 and a new road termed the Eastern Bypass, which will extend from I-15 to Borel Road. This new circulation option will significantly reduce traffic volumes on the parallel portion of Highway 79. This facility was not included in the cumulative impact analysis because it would not be constructed for many years, and thus is not reasonably foreseeable within the horizon studied for cumulative impacts. A copy of the Build -out (Year 2025) volumes is included in Appendix D of this SEIR (Appendix I of the October 2007 LLG study). Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-33 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic The following methodology was utilized to estimate peak hour intersection volumes. Peak hour intersection turning movement volumes were estimated using a template in EXCEL developed by LLG. Future peak hour traffic volumes at an intersection are determined based on the relationship between existing peak hour turn movement and ADT volumes and the future ADT volumes. This same relationship can be assumed to generally continue in the future without the Eastern Bypass. This relationship will likely change once the Eastern Bypass is built. The traffic study included analysis of build -out peak hour intersection volumes both with and without the Eastern Bypass. Figure 3.3-13 depicts the forecasted Build -out peak hour segment ADT volumes. Build -out (Year 2025) Intersection Geometry All funded CIP improvements are assumed as the base geometry for the Year 2025 analysis as follows. The full list of funded CIP projects are included in Table 3.3-15. • 1-15 / Highway 79 (South) interchange - Route 79 South at Interstate 15 Ultimate Interchange Improvements • Route 79 South Re -striping from 6 to 8 lanes - Interstate 15 to Pechanga Parkway • Route 79 South at Pechanga Parkway — Intersection Improvements — Dual Right Turn Lanes - Route 79 east to Pechanga Parkway south • Route 79 South/Margarita Road Traffic Signal Coordination — Old Town Front Street to Butterfield Stage Road Build -out (Year 2025) Analysis The intersection and segment operations at build -out (with the Eastern Bypass) are compared to the existing + entire project + cumulative projects (with the existing network, and Eastern Bypass), in order to determine the improvement in intersection and segment operations with the Eastern Bypass. Intersection Analysis Table 3.3-13 summarizes the build -out (Year 2025) peak hour intersection operations. As seen in Table 3.3-13, at build -out (with the Eastern Bypass), all study area intersections are calculated to operate at better levels of service and much lower delays than for the existing + project + cumulative projects (without the Eastern Bypass) (Figure 3.3-13). Appendix D of this SEIR (Appendix I of the October 2007 LLG study) contains the Build -out (Year 2025 with Eastern By -Pass) peak hour intersection analysis worksheets. Segment Operations Table 3.3-14 summarizes the build -out street segment operations. It may be noted that the build- out segment analysis assumes the City of Temecula Circulation Element network. As seen in Table 3.3-14, all study area street segments are calculated to continue to operate at LOS D or better conditions except the following: Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-34 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic • Highway 79 from Pechanga Parkway to Margarita Road (LOS E) • Highway 79 from Margarita Road to Butterfield Stage Road (LOS E) It may be noted that at build -out (with the Eastern Bypass), all Study Area segments are calculated to operate at better levels of service than for the existing + project + cumulative projects (without the Eastern Bypass scenario). It may be noted that the City of Temecula General Plan Circulation Element assumes a two-lane facility (one lane in each direction) for the Eastern Bypass. The volumes used in this analysis assume this two-lane cross-section. However, the Riverside County TUMF Program is planning to build the Eastern Bypass as a four -lane facility (two lanes in each direction). Therefore, if the Eastern Bypass were to be built as a four -lane facility, it would attract more traffic and the segment volumes and consequently, the intersection volumes along Highway 79 are expected to be lower than that used in this analysis. Thus, with a four -lane Eastern Bypass facility, the intersections and segments are expected to operate better than with a two-lane Eastern Bypass facility. 3.3.11 Significance of Impacts and Mitigation Measures Impacts Based on the established significance criteria, the following significant impacts were calculated. Two direct impacts were calculated since project traffic caused the LOS to decrease from an acceptable LOS D to LOS E. Cumulative impacts were calculated at locations that already operate at LOS E or F without project traffic or locations where unacceptable levels of service occur only with the addition of cumulative projects traffic. Direct Impact (Phase 11 only) Impact 3.3-1: Segment of Highway 79 between Pechanga Parkway and Margarita Road — This is a direct impact since with the addition of Project Phase II traffic this segment deteriorates from LOS D to LOS E. Impact 3.3-2: Highway 791 Country Glen Way (Project Driveway) — This is a direct impact since this intersection is the main project driveway and the project is responsible for providing the north leg of this intersection which does not exist currently and will serve as the project access. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-35 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-13 BUILD -OUT (YEAR 2025) INTERSECTION OPERATIONS Intersection Control Type Peak Hour Existing + Entire Project + Cumulative Projects (No Eastern By -Pass) Year 2025 (With Eastern By -Pass) Delaya LOSb Delaya LOS" A Delay In Seconds 1. Highway 79 / 1-15 SB Ramps 2. Highway 79 / 1-15 NB Ramps 3. Highway 79 / La Paz St 4. Highway 79 / Pechanga Pkwy 5. Highway 79 / Jedediah Smith Rd 6. Highway 79 /Avenida De Missiones 7. Highway 79 / Country Glen Wy 8. Highway 79 / Redhawk Pkwy / Margarita Rd 9. Highway 79 / Butterfield Stage Rd 10. De Portola Rd / Margarita Rd Signal Signal Signal Signal Signal Signal Signal Signal Signal Signal AM 121.9 F 19.7 B (-) 102.2 PM 224.3 F 21.3 C (-) 203.0 AM 80.9 F 4.5 A (-) 76.4 PM 298.2 F 33.3 C (-) 264.9 AM 163.6 F 8.7 A (-) 154.9 PM 318.5 F 22.7 C (-) 295.8 AM 125.0 F 20.0 B (-) 105.0 PM 517.2 F 39.3 D (-) 477.9 AM 30.7 C 6.5 A (-) 24.2 PM 123.5 F 15.4 B (-) 108.1 AM 12.9 B 3.6 A (-) 9.3 PM 95.3 F 6.4 A (-) 88.9 AM 77.3 E 35.4 D (-) 41.9 PM 244.6 F 31.4 C (-) 213.2 AM 178.7 F 22.4 C (-) 156.3 PM 264.0 F 79.5 E (-) 184.5 AM 32.7 C 25.4 C (-) 7.3 PM 37.9 D 44.2 D (-) 6.3 AM 23.6 C 14.4 B (-) 9.2 PM 49.3 D 21.5 C (-) 27.8 Footnotes: a. Highway Capacity Manual average delay in seconds per vehicle b. Level of Service. c. L denotes an increase in delay due to project. SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. Signalized Delay LOS 0.0 < 10.0 A 10.1 to 20.0 B 20.1 to 35.0 C 35.1 to 55.0 D 55.1 to 80.0 E Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-36 ESA / D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-14 BUILD -OUT (YEAR 2025) SEGMENT OPERATIONS Segment Existing + Entire Project + Cumulative Projects Year 2025 (No Eastern By -Pass) (With Eastern By -Pass) Roadway LOS E Class a Capacity b Volume V!C d LOS e Roadway Class a LOS E Capacity b Volume c VAC d LOS e SR -79 West of 1-15 4 -Ln Maj Art 34,100 32,490 0.953 E 4 -Ln Maj Art 34,100 9,000 0.264 A 1-15 to Pechanga Pkwy 6 -Ln Prin Art 53,900 108,520 2.013 F 8 -Ln Urban Art 71,800 59,000 0.822 D Pechanga Pkwy to Margarita Rd 6 -Ln Prin Art 53,900 82,260 1.526 F 6 -Ln Principal Art 53,900 51,000 0.946 E Margarita Rd to Butterfield Stage Rd 6 -Ln Prin Art 53,900 50,070 0.929 E 6 -Ln Principal Art 53,900 50,000 0.928 E Pechanga Parkway South of SR -79 4 -Ln Maj Art 34,100 68,700 2.015 F 6 -Ln Principal Art 53,900 29,000 0.538 A Butterfield Stage Road North of SR -79 South of SR -79 De Portola Road West of Margarita Rd 4 -Ln Maj Art 34,100 23,100 0.677 B 4 -Ln Maj Art 34,100 19,000 0.557 A 4 -Ln Maj Art 34,100 25,960 0.761 C 4 -Ln Maj Art 34,100 20,000 0.587 A 2 -Ln Col 13,000 10,890 0.838 D 4 -Ln Col 25,900 11,000 0.425 A Margarita Road / Redhawk Parkway Jedediah Smith Rd to De Portola Rd 4 -Ln Maj Art 35,900 26,060 0.726 C 4 -Ln Maj Art 34,100 11,000 0.306 A De Portola Rd to Highway 79 4 -Ln Maj Art 35,900 36,160 1.007 F 4 -Ln Maj Art 34,100 23,000 0.641 B South of Highway 79 4 -Ln Maj Art 35,900 38,540 1.074 F 4 -Ln Maj Art 34,100 27,000 0.752 C Footnotes: a. City of Temecula Roadway Classification b. Riverside County Roadway Capacity c. Volume City of Temecula General Plan Update, Circulation Element Traffic Study. d. Volume 1 Capacity ratio SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-37 ESA / D207434 January 2008 NOTES: — ADT (Average Daily Traffic) shown midblock — AM/PM peak hour volumes are shown at the intersections r1380/880 • 290/280 PROJECT SITE m "Po ml�x sol I».00"ti v, sso0 (122 0 ?go Immo O�/,zw® , w/no 40/%10-# vaoypp-"' i o .ono- i SRC 1Cog 1� a`R t10ll50°)11.6" of r xwwiT 'ooh`° -7-'wIBO l R 4 • Y41L Ltd NORTH NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-13 Build -out (Year 2025) with Project Traffic Volumes AM/PM Peak Hours and ADT 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic Cumulative Impacts Intersections Impact 3.3-3: SR 791 I-15 SB Ramps Impact 3.3-4: SR 791 I-15 NB Ramps Impact 3.3-5: SR 791 La Paz St Impact 3.3-6: SR 791 Pechanga Pkwy Impact 3.3-7: SR 791 Jedediah Smith Rd; SR 79 / Avenida De Missiones; SR 79 /Country Glen Way; SR 79 / Redhawk Pkwy / Margarita Road Impact 3.3-8: SR 79 / Avenida De Missiones Impact 3.3-9: SR 79 / Country Glen Way Impact 3.3-10: Segments Impact 3.3 - Impact 3.3 - Impact 3.3 - Impact 3.3 - Impact 3.3 - Impact 3.3 - Impact 3.3 - SR 79 / Redhawk Pkwy / Margarita Rd 11: SR 79 West of I-15 12: SR 79 between I-15 and Pechanga Parkway 13: SR 79 between Pechanga Parkway and Margarita Road 14: SR 79 between Margarita Road and Butterfield Stage Road 15: Pechanga Parkway south of SR 79 16: Margarita Road from De Portola Road to Highway 79 17: Redhawk Parkway South of Highway 79 City of Temecula — Regional Transportation Facility Mitigation Program The City of Temecula requires that identified direct project -related traffic impacts are mitigated and funded directly by the project applicant. Direct project -related mitigation measures required to mitigate project impacts will be implemented with construction of the Phase 1 improvements. In addition, the City of Temecula implements a comprehensive transportation system Capital Improvement Program (CIP) designed to address cumulative regional traffic impacts. The CIP has been designed to ensure that the regional circulation system as depicted in the Temecula General Plan Circulation Element is constructed to provide an acceptable level of service as development occurs. Funding for the regional circulation improvements identified in the CIP is derived from a variety of sources including City of Temecula Development Impact Fees (DIF), Assessment Districts (AD), the Transportation Uniform Mitigation Fee (TUMF), Community Facilities Districts (CFD), federal and state matching funds (SAFETEA-LU) and special legislative improvement districts (SB 621). The CIP prioritizes the funding, design and construction of individual transportation improvement projects to coincide with the commensurate level of service of roadway segments and intersections to adequately serve existing and future development. All of the CIP projects that provide for mitigation of regional cumulative traffic impacts have identified 100 percent of the funding required to construct the Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-39 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic proposed improvement. Many of the CIP projects are currently 100 percent funded and the transportation portion of the DIF fee for this project have the effect of reimbursing the improvement fund for funds advanced for the impacted facilities, and thus will be applied to other regional CIP projects. All of the above referenced documents are available for review at the City of Temecula Planning Department. The following sections describe the transportation facility improvement funding programs. The CIP sheets are documented in Appendix D of this SEIR (Appendix J of the October 2007 LLG study). City of Temecula Development Impact Fee (DIF) Development Impact Fees (DIF) are collected to fund a portion of the new infrastructure that is needed to provide services to new development. Transportation improvements are the largest portion of the DIF fees. DIF fees are charged when: • Construction permits are issued in a fee area or, in the case of water and wastewater, when the development ties into City services; • A new use, such as a new structure or expanded structure, is requested; • A change to a more intense use is requested; • A property adds new water or sewer service; • Additional Drainage Fixture Units are added to an existing structure; • Impact fees are based on the type of land use being developed, the building area, gross site area, water meter sizes and the drainage fixture characteristics of the proposed development. • The amount charged for impact fees is based on the estimated demand the development will place on City services and the estimated taxes the new development will generate pay for new infrastructure. The current DIF for the proposed project is $4.75/square-foot for office land uses and $5.66/square-foot for service commercial land uses. The proposed project will pay $3,077,065 in current DIF fees. DIF fees are adjusted on a regular basis to keep pace with construction costs and inflation and are payable at building permit, so the amount actually paid could be more than under the current rates. Documentation regarding the adoption and implementation of the DIF program are included in Appendix D of this SEIR (Appendix K of the October 2007 LLG study). Transportation Uniform Mitigation Fee (TUMF) Program The County of Riverside and the Cities of Western Riverside County enacted the Transportation Uniform Mitigation Fee (TUMF). The purpose of the TUMF program is to provide a supplemental revenue stream to support the shortfall from traditional funding sources for regional transportation facilities (Figure 3.3-14). The TUMF program funds the mitigation of traffic impacts from new development on the regional system of Highways and arterials. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-40 ESA/ D207434 January 2008 The Southwest TUMF Zone Transportation Improvement Program Projects • LEGEND Ayproved Intersection Improvements o Bridges Railroad Crossings Q I - $5.390.000 per lane ® 2 $2,700,000 per lane Interchanges O I .$47,04.000 • 2 -123.970.000 ® 3-311.980400 •. 32.400.000 • 5 - 32.570,000 5 Approved RIA transit Center 0Approved BtRICUL e ORM Approved Interchanges n0.mmr-aNNs URlmate Number of Lanes tit Lanes "sere Lanes tiB Lanes ^wo8 Lanes ■ ApWoved Road Segrnents ROC Approved Rood Segments Lakes & Riven • TUMF /one Boundary •wsy aollroads si_. Freeways 8 Highways \45? City Boundaries Source: WRCOG. June 2007 N:\1752\AutoCAD\LLG1752 Figures SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-14 TUMF Facilities 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic The TUMF program also ensures that new developments pay their fair share towards providing the needed regional infrastructure improvements. TUMF fees can only be used to mitigate the impacts of new development on the network of roads, bridges, interchanges and intersection that are identified under the TUMF program. The TUMF program involves development of policies, identification of transportation improvements, traffic modeling, cost estimates and fee scenarios. However, it should be noted that the mitigation fees collected through the TUMF program can be utilized only towards the capital costs of facilities and not for operation or maintenance costs. The fee calculations are based on the proportional allocation of the costs of proposed transportation improvements based on the cumulative transportation system impacts of different types of new developments. Fees are directly related to the forecast rate of growth and trip generation characteristics of different categories of new development. The TUMF program collects fees by the following land use categories: • Single family residential • Multi -family residential • Industrial • Retail • Service commercial The current TUMF Fee for the proposed project is $5.71/square-foot for office land uses and $5.71/square-foot for service commercial land uses. Under the current TUMF fee structure, the proposed project would have to contribute $3,232,774 in current TUMF fees. TUMF fees are adjusted on a semi-annual basis, and are payable at building permit, thus the amount actually paid could be more than the current fees. Figure 3.3-14 depicts the TUMF facilities in the County. Documentation regarding the TUMF program is attached as Appendix D of this SEIR (Appendix L of the October 2007 LLG study). Assessment Districts / Community Facilities Districts Assessment Districts (AD) and Community Facilities Districts (CFD) are special districts formed by a local government agency (County, City, Water District, etc.) that include property that would receive direct benefit from the construction of new public improvements or from the maintenance of existing public improvements. The proposed project is located with Assessment District 159 (AD 159), which encumbers a large area east of I-15 and north and south of Route 79 south (Figure 3.3-15). The applicant has been paying assessment district fees for many years and will continue to do so until the assessment district is retired. The primary improvement funded by AD 159 is the widening of Route 79 south from two lanes to six lanes, between I-15 and Butterfield Stage Road. This major regional circulation system improvement has been completed and provides for a significant increase in circulation system capacity in the Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-42 ESA/ D207434 January 2008 NORCO RIVERSIDE CFO 04-2 C RONA lake Malhoo y�. LAKE I I SINORE CFO 68-8 sly /24. e, r0 Co MORENO Lake Pens PERRI CFD 87-1 Carp'vll Labe CFD 07-1 CFD 86-1 CFD 05-1 e CFD 85-2R fi SAN JACINTO HEMET AD 188 Diamond Vetey !ate. CFD 05.8 m, CFD 884 CFD .,,.cz AD 101 T F: NF.(1 t A 177 baii - Skinner' AD 158 RIVERSIDE COUNTY ASSESSMENT DISTRICTS AND COMMUNITY FACILITIES DISTRICTS LEGEND COUNTY LINES FREEWAY/HIGHWAY DISTRICT AD 159 AD 161 AD 168 CFO 03-1 CFD 04-2 CFD 05-1 CFD 05-8 CFD 85-2R CFD 86-1 CFD 87-1 CFD 87-5 CFD 88-4 CFD 88-8 CFD 89-1 CFD 89-4 07-1 Z1 07-1 Z2 07-1 Z3 07-1 Z4 07-1 Z5 iiiiiiiiiii■ NORM NOT TO SCALE SOURCE: Linscott, Law and Greenspan Temecula Hospital Supplemental EIR . 207434 Figure 3.3-15 Riverside County Assessment Districts 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic vicinity of the proposed project. In addition, regional transportation improvements in the vicinity of the proposed project are included in Crown Hill CFD and the Morgan Hill CFD. The local agency that forms the assessment district sells bonds to raise the money to build or acquire the public improvement. The agency then levies a special assessment against each parcel of land within the district, in proportion to its share of benefit from the improvement. Factors that determine the amount of benefit received may include the size of the lot or the proximity to the improvement being financed. The special assessment is payable through annual installments over the life of the bond issue, which is typically 15 to 20 years, but may be as many as 40 years depending on the terms of the bond issue. The owners of the assessed land repay the bonds through annual assessments, which are included on the County's general property tax bill. Documentation regarding the AD is included in Appendix D of this SEIR (Appendix M of the LLG study). Federal, State and Special Legislative Funding Mechanisms In addition to DIF fees, TUMF fees, CFDs and ADs, Federal and State matching funds (SAFETEA-LU and SB 621 — Indian Gaming Special Distribution Fund) are available for use in funding regional circulation system improvements. Planned Regional Circulation System Improvements In addition to the regional circulation facilities currently programmed into the City of Temecula CIP, TUMF, assessment districts and/or community facilities districts, there are several regional transportation facilities that are in the planning stages that have not yet been incorporated into any of the transportation planning/funding documents to date. The Eastern Bypass is a planned future regional transportation facility connecting I-15, south of Highway 79 South and Borel Road/Washington Street in the northeastern section of the City. This regional transportation facility will provide for significant traffic relief along Route 79, southern Pechanga Parkway and the entire circulation system within the vicinity of the project. This facility will be called Deer Hollow Way, between I-15 and midway between Pechanga Parkway and Butterfield Stage Road. To the east of the previous section, this facility will be called Anza Road up to its terminus with Borel Road. This facility will include a new interchange at I-15, to be located south of Highway 79 South, which is approved by Riverside County Transportation Commission (RCTC) at a preliminary cost of $47,840,000. The Deer Hollow Way section of the Eastern Bypass is planned to be a six -lane divided principal arterial from I-15 to Rainbow Canyon Road and a four -lane major arterial from Rainbow Canyon Road to midway between Pechanga Parkway and Butterfield Stage Road. This roadway section is also approved by RCTC. The Anza Road Section of the Eastern Bypass is planned to be a four -lane Undivided Secondary Arterial from Midway between Pechanga Parkway and Butterfield Stage Road to Butterfield Stage Road and a two-lane Undivided Rural Highway between Butterfield Stage Road and Borel Road. Since the Eastern Bypass (a regional transportation facility) has not been funded or programmed into the City of Temecula CIP or the TUMF program, it has not been Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-44 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic incorporated into the ultimate circulation system expected to be in place at build -out of the proposed project. Analysis of the year 2025 traffic conditions, including the Eastern Bypass, and discussed in Section 3.3.10, and show that all area intersections and segments will operate at acceptable levels of service in 2025, with the exception of the following: • Highway 79 from Pechanga Parkway to Margarita Road (LOS E) • Highway 79 from Margarita Road to Butterfield Stage Road (LOS E) Based upon this analysis, cumulative traffic impacts can be considered temporary until such time as the Eastern Bypass is built and operational. Once the Eastern Bypass project is constructed, levels of service along all project impacted roadway segments and intersections are expected to operate at acceptable levels of service with the exception of the above outlined segments, which are slightly over the significance threshold. The projects / improvements listed in Table 3.3-15 are already planned separate from the proposed project. If these projects / improvements listed in Table 3.3-15 are completed by others, the project's fee payments will addresses its own impacts. If, however, the improvements are not completed by others, the hospital must complete those improvements before the issuance of a certificate of occupancy for any building in Phase IA, and could get reimbursed for a portion of the costs, thus ensuring that the improvements will be in place prior to the hospital opening up. It may be noted that: • As compared to the existing transportation system, the proposed project will have the impacts identified above. • There are a series of planned improvements that will be completed by others in the next few years (Table 3.3-15). • With completion of all of these improvements (and the project specific improvements as discussed for access points to the hospital site — i.e. the project specific impact mitigations), the project's impacts will be less than significant, the project is still obligated to pay its DIF and TUMF fees in order to pay its fair share of the improvement costs (which are in effect being fronted by DIF and TUMF). In the event these improvements are not completed before the hospital opens (except for the interchange, which must be substantially underway), there is a potentially significant impact. That residual impact is mitigated by requiring the hospital to complete the improvements before receiving a certificate of occupancy for any building in Phase IA from the City. Direct Impacts The following regional circulation system mitigation measures shall be substantially under construction prior to issuance of any encroachment permit for project access to Highway 79 South or De Portola Road. Encroachment permits shall not be issued until the improvements are completed or substantially underway, as determined by the Director of Public Works. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-45 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-15 CUMULATIVE TRAFFIC IMPROVEMENT MITIGATION MEASURE SUMMARY Traffic Improvement Current Status Funding Source / Status CIP Reference Priority 1. Route 79 South Widening - Interstate 15 to Butterfield Stage Road a 2. Route 79 South Re -striping from 6 to 8 lanes - Interstate 15 to Pechanga Parkway 3. Route 79 South Median Construction — Interstate 15 to Butterfield Stage Road 4. Route 79 South at Butterfield Stage Road — Intersection Modification a 5. Route 79 South at Interstate 15 Ultimate Interchange Improvements 6. Route 79 South at Pechanga Parkway — Intersection Improvements — Dual Right Turn Lanes - Route 79 east to Pechanga Parkway south 7. Route 79 South/Margarita Road Traffic Signal Coordination — OId Town Front Street to Butterfield Stage Road 8. Route 79 South/Margarita Road Traffic Signal Coordination — OId Town Front Street to Butterfield Stage Road — Fiber optics 9. Route 79 South CCTV Traffic Monitoring System 10. Pechanga Parkway Improvements Between Pechanga Parkway Bridge and Via Eduardo 11. Eastern By -Pass (Future) Completed Design Approved Construct 2007 - 2008 In Design Construct 2007 - 2008 Completed by Private Development In Design Construct in 2011 In Design Construct in 2007 - 2008 In Design Construct 2007-2008 In Design Construct 2007-2008 In Design, Construct in 2010 - 2011 In Design — Construct 2007 - 2001 In Planning Assessment District 159 DIF DIF - $161,250 DIF - $190,000 Private Developer CDF (Crown Hill) - $502,210 CFD (Morgan Hill) - $1,190,582 SB 621 Funding - $$14,960.925 SAFTEA-LU - $1,600,000 TUMF — 6,000,000 Total Cost - $22,560,925 SB 612 Funding - $425,000 Not a Part of CIP 210-165-676 210-165-622 Nota Part of CIP 210-165-662 210-165-637 DIF — Traffic Signals 210-165-712 Portion of $2,575,000 DIF — Traffic Signals - $345,000 210-165-712 SB 621 - $395,000 210-165-635 DIF Fees, CFD — Wolf Creek 210-1650668 Public Lands and Highways Program Pechanga Tribe Contribution Rancho California Water District $47,500,000 — Preliminary Estimate N/A Footnotes: a. These improvements have been completed and are assumed as the existing conditions and are not part of the recommended mitigation measures. SOURCE: City of Temecula Completed CIP - I CIP - II Completed CIP - I CIP- I CIP — I CIP - I CIP- I CIP- I Will reduce cumulative traffic impacts when constructed Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-46 ESA / 0207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic Mitigation Measures Mitigation Measure 3.3-1: Traffic Signal Coordination - SR 79 between Pechanga Parkway and Margarita Road City of Temecula CIP entitled "SR 79 South / Margarita Road Traffic Signal Coordination — Old Town Front Street to Butterfield Stage Road". The applicant shall pay required City of Temecula DIF fees prior to issuance of any City of Temecula building permit. Should the entire CIP funding not be in place at the time of issuance of a certificate of occupancy for any building in Phase IA, the applicant shall fund the traffic signal coordination and establish a reimbursement agreement with the City of Temecula to be reimbursed for expenditures made on behalf of the city. However, at this time, the CIP calls for completion of the improvement in the Year 2008. Site Access and On -Site Circulation In addition to Mitigation Measure 3.3-1, the project proposes three access driveways, two on SR 79 and one on De Portola Road. The following improvements shall be completed prior to issuance of a certificate of occupancy for any building in Phase IA from the City of Temecula in order to mitigate impacts of the new access driveways, to existing facilities: Mitigation Measure 3.3-2: • Driveway #1 on SR 79: Driveway #1 on SR 79 is the fourth (north) leg of the SR 791 Country Glen Way. This intersection is currently a signalized T -intersection. Modification of the current signal has already been completed to accommodate the fourth leg serving the project site and other related changes to geometry. The project shall provide the following additional intersection geometry: o A dedicated westbound right -turn lane on SR 79, o Dual eastbound left -turn lanes on SR 79, and dual left -turn lanes and a shared through/ right -tum lane in the southbound direction exiting the project site. • Driveway #2 on SR 79: Driveway #2 on SR 79 shall be located at the west boundary of the property and will provide unsignalized right in/right-out only access. This 40 -foot wide driveway shall provide one inbound and one outbound lane. • Driveway #3 on De Portola Road: Driveway #3 on De Portola Road will provide unsignalized right -in / right -out and left -in only access. Left -turns out of the hospital shall be prohibited. This 40 -foot wide driveway shall provide one inbound and one outbound lane. • The hospital and other related buildings are located approximately in the center of the site, surrounded by parking. An adequate internal roadway system shall be provided to access each facility and to provide adequate parking. Cumulative Impacts The project shall participate in the funding and implementation of regional circulation system improvements through payment of established City of Temecula DIF fees, participation in the Riverside County Transportation Uniform Mitigation Fees (TUMF) Program and continued Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-47 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic participation in Assessment District (AD 159) financing. These fees are collected as part of funding mechanisms aimed at ensuring that regional highways and arterial expansions keep pace with the projected development and population increases. The regional circulation system mitigation measures shall be constructed prior to issuance of a certificate of occupancy for any building in Phase IA. Certificates of occupancy for buildings in Phase IA shall not be issued until the improvements are completed or substantially underway, as determined by the Director of Public Works. Additional funding sources have been identified for several of the regional transportation facilities (see Table 3.3-15). All available mitigation measures required to mitigate cumulative traffic impacts are summarized in Table 3.3-15 and documented following the table. No additional mitigation measures, beyond those identified in this section, are feasible due to the fact that upon completion off all identified mitigation measures, no additional regional circulation improvements can be accommodated due to the fact that the area is built out and that the necessary right of way cannot be acquired.. Existing land use and development conditions preclude the ability to acquire additional right of way for additional circulation system improvements. As discussed above, implementation of the Eastern Bypass will provide for significant cumulative traffic impact relief with all project affected segments and intersections expected to operate at acceptable levels of service, however the Eastern Bypass was not considered in the cumulative analysis at this time because completion is expected to be too far in the future. Intersections The following regional circulation system mitigation measures shall be constructed prior to issuance of a certificate of occupancy for any building in Phase IA. Certificates of occupancy for buildings in Phase IA shall not be issued until the improvements are completed or substantially underway, as determined by the Director of Public Works. The following improvement has been completed since the traffic counts were assessed for this study and is not considered a measure to mitigate the impacts of this project: • State Route 79 South Widening — Interstate 15 to Butterfield Stage Road: The primary improvement funded by AD 159 is the widening of Route 79 south from 2 lanes to 6 lanes, between Interstate 15 and Butterfield Stage Road. This major regional circulation system improvement has been completed and provides for a significant increase in circulation system capacity in the vicinity of the proposed project. Also, completion of the planned improvements through the federal, state and special legislative funding mechanisms as mitigation for the identified project impacts shall be concluded upon certification of occupancy for Phase IB, which consists of construction of the one-story main hospital structure comprising approximately 162,650 square feet and a six -story bed tower of approximately 122,755 square feet, as well as parking associated with the structure and tower. However, with the exception of Mitigation Measures 3.3-3, and 3.3-4, the obligation to complete these planned improvements will transfer from the previously stated funding Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-48 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic mechanisms to the hospital if in fact the improvements are not completed by before an issuance of a certification of occupancy for Phase IA. Mitigation Measures Mitigation Measure 3.3-3: SR 79 / I-15 Southbound Ramps City of Temecula CIP project entitled "Interstate 15 / State Route 79 South Interchange" (Public Works Account No. 210.165.662) which will add lanes to the ramps at the interchange shall be substantially underway through the design review process prior to the City's issuance of any encroachment permit for the project. Note: Funding is secured through DIF fees, TUMF fees, CFDs, State and Federal matching funds and SB 621 funds and construction is expected in 2011. Mitigation Measure 3.3-4: SR 79 / I-15 Northbound Ramps City of Temecula CIP project entitled "Interstate 15 / State Route 79 South Interchange" (Public Works Account No. 210.165.662) which will add lanes to the ramps at the interchange shall be substantially underway through the design review process prior to the City's issuance of any encroachment permit for the project. Note: Funding is secured through DIF fees, TUMF fees, CFDs, State and Federal matching funds and SB 621 funds, and construction is expected in 2011. Mitigation Measures 3.3-3 and 3.3-4, require coordination with Caltrans and are found to be infeasible because ultimately they are within the responsibility of another public agency and not the City of Temecula. Because the impact at the interchange cannot be mitigated with certainty, it is considered significant and unmitigable for which a Statement of Overriding Considerations will be required. Mitigation Measure 3.3-5: SR 79 / La Paz St City of Temecula CIP entitled "Route 79 South Widening - Interstate 15 to Pechanga Parkway", which will add a fourth through lane in each direction on SR 79 through La Paz Street shall be constructed prior to the City's issuance of a certificate of occupancy for any building in Phase IA of the project. If not completed by others, the Applicant shall complete the improvements, subject to potential reimbursement from the City or other projects. Note: Funding is secured through DIF fees and participation in the TUMF program, and construction is expected to occur in 2008. Mitigation Measure 3.3-6: Intersection of SR 79 / Pechanga Pkwy City of Temecula CIP entitled "State Route 79 South to Pechanga Parkway — Dual Right - Turn Lanes", which will add a second eastbound right -turn lane on SR 79 at Pechanga Parkway shall be constructed prior to the City's issuance of a certificate of occupancy for any building in Phase IA of the project. If not completed by others, the Applicant shall complete the improvements, subject to potential reimbursement from the City or other projects. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-49 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic Note: Funding is secured through DIF fees and participation in the TUMF program and SB 621 Funds, and construction is scheduled for 2008. Mitigation Measure 3.3-7: SR 791 Jedediah Smith Rd; SR 791 Avenida De Missiones; SR 791 Country Glen Way; SR 791 Redhawk Pkwy / Margarita Road City of Temecula CIP entitled "SR 79 South / Margarita Road Traffic Signal Coordination — Old Town Front Street to Butterfield Stage Road" shall be completed prior to the City's issuance of a certificate of occupancy for any building in Phase IA of the project. If not completed by others, the Applicant shall complete the improvements, subject to potential reimbursement from the City or other projects. This project will improve the signal coordination along SR 79, including the SR 79 / Jedediah Smith Road, SR 79 / Avenida De Missiones and SR 79 / Redhawk Pkwy / Margarita Road intersections, which will improve traffic flow through these intersections. In addition, the project shall construct lane geometry improvements and modify the existing traffic signal at the main project driveway, prior to project operation. Note: Funding is secured through DIF fees, and construction is scheduled for 2008. Segments SR 79 West of I-15 The mitigation measures listed for Impacts 3.3-3 and 3.3-4 will also mitigate this impact. The improvements to the interchange will greatly improve traffic flow on this segment of SR 79. SR 79 between I-15 and Pechanga Parkway The mitigation measures listed for Impacts 3.3-5 and 3.3-6 will also mitigate this impact. Highway 79 between Pechanga Parkway and Margarita Road; Highway 79 between Margarita Road and Butterfield Stage Road The mitigation measures listed for Impact 3.3-7 will also mitigate this impact. Mitigation Measure 3.3-8: Pechanga Parkway South of SR 79 City of Temecula CIP for fiscal Years 2007-2011 entitled "Pechanga Parkway Improvements — Phase II" — Public Works Account No. 210.165.668, shall be completed prior to the City's issuance of a certificate of occupancy for any building in Phase IA of the project. If not completed by others, the Applicant shall complete the improvements, subject to potential reimbursement from the City or other projects. Note: This project will add the third through lane on Pechanga Parkway in both directions. Funding is secured through DIF fees, CFD (Wolf Creek), Public Lands and Highway Program, Pechanga Tribe contributions and Rancho California Water District funding, and construction is scheduled between 2007 and 2011. Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-50 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic Mitigation Measure 3.3-9: Margarita Road from De Portola Road to Highway 79 Note: No additional mitigation measures are feasible due to the fact that upon completion off all identified mitigation measures, no additional regional circulation improvements can be accommodated within the existing right of way. Existing land use and development conditions preclude the ability to acquire additional right of way for additional circulation system improvements along this segment. Implementation of the Eastern Bypass will provide for significant cumulative traffic impact relief with all project affected segments and intersections expected to operate at acceptable levels of service, however the Eastern Bypass was not considered in the cumulative analysis at this time because completion is expected to be too far in the future. Mitigation Measure 3.3-10: Redhawk Parkway South of Highway 79 The applicant shall pay required City of Temecula DIF fees prior to issuance of any City of Temecula encroachment permit. Note: No additional mitigation measures are feasible due to the fact that upon completion off all identified mitigation measures, no additional regional circulation improvements can be accommodated within the right of way along this segment. Existing land use and development conditions preclude the ability to acquire additional right of way for additional circulation system improvements. Implementation of the Eastern Bypass will provide for significant cumulative traffic impact relief with all project affected segments and intersections expected to operate at acceptable levels of service, however the Eastern Bypass was not considered in the cumulative analysis at this time because completion is expected to be too far in the future. No additional mitigation measures, beyond those identified in this section, are feasible due to the fact that upon completion off all identified mitigation measures, no additional regional circulation improvements can be accommodated within the existing right of way. Existing land use and development conditions preclude the ability to acquire additional right of way for additional circulation system improvements. CEQA requires that a lead agency shall neither approve nor implement a project as proposed unless the significant environmental effects of that project have been reduced to a less -than -significant level, essentially "eliminating, avoiding, or substantially lessening" the expected impact. As with the underlying environmental documents, if the lead agency approves the project despite residual significant adverse impacts that cannot be mitigated to a less -than -significant level, the agency must state the reasons for its action in writing. This "Statement of Overriding Considerations" must be included in the record of project approval. Resulting Levels of Service following implementation of all available mitigation measures for all project area intersection and roadway segments are shown in Tables 3.3-16 and 3.3-17 respectively. As seen in Tables 3.3-16 and 3.3-17, all of the identified segments and intersections, with the exception of Route 79 South /I-15 Northbound ramps (AM) and the Route 79 South /Country Glenn Way (AM) intersection will continue to operate at unacceptable levels of service, following completion of all feasible mitigation measures, although the mitigation will in most cases substantially decrease the amount of delay that would otherwise be experienced. These cumulative traffic impacts are considered significant unavoidable adverse impacts, until Temecula Regional Hospital Final Supplemental Environmental Impact Report 3.3-51 ESA/ D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic such time as the Eastern Bypass is constructed, which would provide substantial relief to the regional circulation system. Appendix D of this SEIR (Appendix N of the LLG study) contains the Existing + Project + Cumulative Projects analysis with the implementation of all mitigation measures. TABLE 3.3-16 EXISTING + PROJECT + CUMULATIVE INTERSECTION OPERATIONS WITH THE IMPLEMENTATION OF MITIGATION MEASURES Intersection Control Peak Type Hour Without Mitigation With Mitigation a Delay° LOS` Delay" LOS` 1. Highway 79 /1-15 SB Ramps AM 121.9 F 84.5 F Signal PM 224.3 F 160.9 F 2. Highway 79 /1-15 NB Ramps AM 80.9 F 19.0 B Signal PM 298.2 F 70.4 E 3. Highway 79 / La Paz St AM 163.6 F 40.7 D Signal PM 318.5 F 86.9 F 4. Highway 79 / Pechanga Pkwy AM 125.0 F 112.5 F Signal PM 517.2 F 365.6 F 5. Highway 791 Jedediah Smith Rd Signal PM 123.5 F 75.3 E 6. Highway 79 / Avenida De Missiones Signal PM 95.0 F 60.6 E 7. Highway 79 / Country Glen Wy Signal AM 77.3 E 15.7 B PM 244.6 F 131.5 F 8. Highway 79 / Redhawk Pkwy / Margarita Rd AM 178.0 F 142.5 F Signal PM 264.0 F 212.5 F Footnotes: a. Mitigation does not include the planned Eastern By -Pass. b. Highway Capacity Manual average delay in seconds per vehicle c. Level of service SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. Temecula Regional Hospital 3.3-52 Final Supplemental Environmental Impact Report ESA /D207434 January 2008 3. Environmental Setting, Impacts, and Mitigation Measures 3.3 Traffic TABLE 3.3-17 ENTIRE PROJECT AND CUMULATIVE PROJECTS SEGMENT OPERATIONS - WITH MITIGATION Segment Existing LOS E Roadway Class a Capacity b Without Mitigation Vol c V/C d LOS e Mitigated LOS E Roadway Class a Capacity b With Mitigation Vol V/Cd LOSe Highway 79 f West of 1-15 4 -Ln Major Art 34,100 32,490 0.953 E 4 -Ln Major Art 34,100 32,490 0.953 E I-15 to Pechanga Pkwy 6 -Ln Urban Art 53,900 123,340 2.288 F 8 -Ln Urban Art 71,800 123,340 1.718 F Pechanga Pkwy to Margarita Rd 6 -Ln Urban Art 53,900 82,480 1.530 F 6 -Ln Urban Art 53,900 82,480 1.530 F Margarita Rd to Butterfield Stage Rd 6 -Ln Urban Art 53,900 59,880 1.111 F 6 -Ln Urban Art 53,900 59,880 1.111 F Pechanga Parkway South of Hwy 79 4 -Ln Major Art 34,100 70,010 2.053 F 6 -Ln Urban Art 53,900 70,010 1.299 F Margarita Road / Redhawk Parkway De Portola Rd to Hwy 79 4 -Ln Major Art 35,900 37,690 1.050 F 4 -Ln Major Art 35,900 37,690 1.050 F South of Hwy 79 4 -Ln Major Art 35,900 38,540 1.074 F 4 -Ln Major Art 35,900 38,540 1.074 F Footnotes: a. Roadway classification assumed based on existing cross-sections. b. Roadway Capacities based on Riverside County Roadway Classification Table (see Appendix B of the October 2007 LLG study}. c. Average Daily Traffic Volumes. d. Volume / Capacity ratio e. Level; of Service. f. One CIP project plans to re -stripe the segment from 1-15 to Pechanga Parkway from the current Six -Lane Principal Arterial to an Eight -Lane Urban Arterial. However, a second CIP project includes the installation of equipment to provide signal coordination from West of 1-15 to Margarita Road. While it is not possible to quantify the benefit to the segment operations, all intersections in this corridor are calculated to operate a lower delays than prior to coordination. The roadway capacity is a City standard. SOURCE: Linscott Law and Greenspan, Temecula Regional Hospital Traffic Impact Report, 2007. Temecula Regional Hospital 3.3-53 Final Supplemental Environmental Impact Report ESA / 0207434 January 2008 CHAPTER 4 Project Alternatives This chapter summarizes the alternatives to the proposed project that were evaluated in the original EIR and evaluates a newly identified alternative site. 4.1 Approach to Analysis Additional alternatives or alternative site analysis was not mandated by the Superior Court judgment or Writ of Mandate, however, between the time that the original EIR was certified and the scoping meeting for the SEIR, a new alternative site has become available for evaluation that was not previously available for development. The former Temecula Education Center site, located southwest of the intersection of Diaz Road and Denoy Parkway could accommodate the proposed project land uses and is now being evaluated as the seventh alternative to the proposed project. The project site is approximately 40 acres in size, and is located within the City of Temecula, immediately adjacent to the City of Murrieta to the northwest. 4.2 Previous Alternatives Analyzed The following discussion summarizes the alternatives to the proposed project that were evaluated in the original EIR. Through comparison of these alternatives to the project, the relative advantage of each can be weighed and analyzed. The CEQA Guidelines require that a range of alternatives be addressed, "governed by a rule of reason that requires the EIR set forth only those alternatives necessary to permit a reasoned choice" (Section 15126.6[f]). The CEQA Guidelines also state that the discussion of alternatives must focus on alternatives capable of either eliminating any significant environmental effects of the proposed project or reducing them to a less than significant level while achieving most of the major project objectives. The analysis presented in the prior sections of this EIR indicates that development of the Temecula Regional Hospital will result in significant, unavoidable impacts for the following: • Short-term, long-term and cumulative air quality impacts; • Noise impacts associated with the maximum potential number of emergency helicopter flights; sirens and construction; and • Cumulative traffic and circulation impacts. All other impacts will be less than significant or can be mitigated to a less than significant level. Temecula Regional Hospital Final Supplemental Environmental Impact Report 4-1 ESA / D207434 January 2008 4. Project Alternatives The following project alternatives were examined in the Original Draft EIR: Alternative 1: No Project — No Build Alternative 2: No Project — Development Pursuant to Current General Plan Alternative 3: Alternative Site — Corona Family Properties Alternative 4: Access from Dartolo Road Alternative 5: Access from De Portola Road and Dartolo Road Alternative 6: Construction of Hospital Only Alternative 6, the Construction of Hospital Only Alternative was determined to be the environmentally superior alternative in the Original EIR. 4.3 Selection and Rationale for Alternatives Alternatives to the proposed project were developed based on the following project objectives: City Objectives: The City's objectives for the proposed project and the project area are to: • Provide for superior, easily accessible emergency medical services within the City of Temecula; • Provide for a regional hospital campus including a hospital facility, medical offices, cancer center and fitness rehabilitation center designed to be an operationally efficient state-of-the-art facility; • Encourage future development of a regional hospital and related services; • Support development of biomedical, research, and office facilities to diversify Temecula's employment base; • Ensure the compatibility of development on the subject site with surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, the location of access routes, noise impacts, traffic impacts, and other environmental conditions; and • Incorporate buffers that minimize the impacts of noise, light, visibility of activity, and vehicular traffic on surrounding residential uses. Objectives of the Applicant: The objectives of Universal Health Services (UHS), the project applicant, for the proposed project are to: • Provide high-quality health services to the residents of Temecula and surrounding communities; • Provide a regional hospital facility that includes standard hospital services, with outpatient care, rehabilitation, and medical offices; Temecula Regional Hospital Final Supplemental Environmental Impact Report 4-2 ESA/ D207434 January 2008 4. Project Alternatives • Provide a regional hospital facility designed to be an operationally efficient, state-of-the-art facility that meets the needs of the region and hospital doctors; and • Provide medical offices, a cancer center and fitness rehabilitation center adjacent to the hospital facility to meet the needs of doctors and patients who need ready access to the hospital for medical procedures. 4.4 Former Temecula Education Center Alternative (New Alternative No. 7) Between the time that the original EIR was certified and the scoping meeting for the SEIR, a new alternative site has become available for evaluation that was not previously available for development. Where consideration of alternate sites is warranted for a proposed project, CEQA requires that the analysis first consider if any of the significant effects of the project would be avoided or substantially lessened if the project were located at another site (Guidelines Section 15126.6 (2)). Only the locations that avoid or substantially lessen significant effects need to be considered. If no alternative sites are feasible, reasons for this conclusion must be included in the EIR. The EIR need not discuss sites that are obviously infeasible, remote, or speculative. The former Temecula Education Center site, located southwest of the intersection of Diaz Road and Dendy Parkway, and immediately west of Murrieta Creek could accommodate the proposed land uses and is now being evaluated as the seventh alternative to the proposed project. The site is approximately 40 acres in size, and is located within the City, immediately adjacent to the City of Murrieta to the northwest. The former Temecula Education Center site was previously submitted to the City as an education complex, including an education center, a research and development/conference center, a day care facility, retail facilities, apartment units and associated parking. The alternative site location is shown in Figure 4-1. The Temecula Education center project has been withdrawn from further consideration by the City and is available for consideration and evaluation as an alternative site for the proposed project. Access to the project site is via Diaz Road, via either Rancho California Road or Winchester Road. Surrounding land uses include open space to the north, Murrieta Creek and open space to the east, business park /warehouse uses to the south and a mining operation, open space and the Santa Rosa Plateau to the west. The potential impacts of this alternative site are described below. This alternative site, similar to the proposed project site, would not have significant impact with regard to cultural resources, geology and soils, hazards and hazardous materials, mineral resources, population and housing, public services, recreation, and utilities and service systems since this alternative could lead to a similar project, and all other provisions of the proposed project would be implemented. Temecula Regional Hospital Final Supplemental Environmental Impact Report 4-3 ESA/ D207434 January 2008 North Not to Scale SOURCE: RBF Consulting Temecula Hospital Supplemental EIR . 207434 Figure 4.1 Alternative Site 4. Project Alternatives Aesthetics This alternative site is located at the edge of a developing urban/rural interface, as evidenced on County of Riverside aerial photographs. Surrounding development in Temecula primarily consists of business park development, surface mining and the Santa Rosa estate residential and agricultural area to the west. There is commercial development to the east along Jefferson Avenue within the jurisdiction of the City and wastewater effluent ponds to the north within the City of Murrieta. As with the proposed project, Alternative 7 would result in development of the entire site with the uses proposed, and with hospital bed towers of five and six stories. Given the low -intensity development on surrounding properties in the City and the more rural character on County lands, the project at this location could result in a development inconsistent in scale and character with the surrounding built and rural environments. The development could be considered intrusive at this location. Future development would be required to comply with City General Plan policies and programs to minimize nighttime lighting to protect Palomar Observatory operations and the City's Outdoor Lighting Regulations (Ordinance 655). There are no scenic highways in the project vicinity and there are none designated as a Scenic Highway in the Temecula General Plan or by any state agency. The General Plan does not identify any view corridors or areas of special visual significance in the project vicinity. Views of the Santa Rosa Plateau, a prominent regional visual feature throughout the region could be obstructed by the proposed project from proximal vantage points. Given the visual setting of this alternative site, the proposed project at this location could have the potential to result in significant aesthetic impacts. Agricultural Resources The project site is not located within any identified agricultural general plan designation or zoning and the site is not identified in the City's General Plan as Farmland of Local Importance. Therefore, Alternative 7 would not result in a significant and unavoidable impact on agricultural resources. Air Quality The proposed project will result in emissions of Oxides of Nitrogen (NO„ ), Carbon Monoxide (CO), and Reactive Organic Gas (ROG) in excess of SCAQMD thresholds, similar to the proposed project. Alternative 7 involves the same level of development and thus would not avoid significant and unavoidable adverse operational air quality impacts. Under this alternative, ROG emissions would remain at 224 lbs/day, and NO„ emissions would remain at 216 lbs/day (due largely to the application of architectural coatings). Construction vehicle exhaust would continue to exceed the SCAQMD emissions threshold; like the proposed project, Alternative 7 would have an unavoidable significant adverse construction impact related to air quality. Like the proposed project, at operation, Alternative 7 would result in pollutant emissions in excess of the SCAQMD emissions thresholds for ROG, with a total of 94 lbs/day and a total of 1,144 lbs/day of CO emissions during operations. Therefore, like the proposed project, Alternative 7 would have an unavoidable, significant operational air quality impact. Temecula Regional Hospital Final Supplemental Environmental Impact Report 4-5 ESA/ D207434 January 2008 4. Project Alternatives Biological Resources The project site has been previously graded as part of the surrounding business park and the site is devoid of any vegetation and/or habitat value. As required by the Multi -Species Habitat Conservation Plan (MSHCP), a burrowing owl survey would be necessary to verify the presence/absence of burrowing owls and to determine if mitigation is required per the California Burrowing Owl Consortium's Burrowing Owl Survey Protocol and Mitigation Guidelines. The Riverside County MSHCP des not identify the project site as being included within any criteria cells. Implementation of this alternative would result in similar insignificant impacts to biological resources as the proposed project. Hydrology and Water Quality Similar to the proposed project, development of the site under Alternative 7 would result in an increase in urban pollutants released into downstream areas due to stormwater runoff. The sites location adjacent to Murrieta Creek could subject the area to flooding during 100 -year storm events. Under Alternative 7, construction of commercial uses would require a permit from the RQWCB, which outlines Best Management Practices (BMPs) in the Municipal Separate Storm Sewer System (MS4) permit to reduce stormwater pollution. With compliance of the existing regulations, these impacts would be reduced to a less than significant level, similar to the proposed project. Hazards This alternative site is located at the edge of a developing urban/rural interface, as evidenced on County of Riverside aerial photographs. Unlike the proposed site, there are no existing gasoline service stations located in the immediate vicinity. As such, the potential impacts to soil or groundwater from USTs is not likely to occur at this alternative location. Therefore, the opportunity for VOCs or MTBE to leak into the environment at this alternative site from gasoline service stations or USTs would likely not exist. Impacts would be reduced as compared to the proposed project Land Use and Planning The existing General Plan Land Use designation for Alternative 7 is Public Institutional Facility and surrounding areas within the City of Temecula are designated Industrial Park. Existing site zoning is Planned Development Overlay—PDO -10. Under this alternative, as with the proposed project, a CUP would be required for the 320 -bed hospital facility and helipad; City zoning regulations require CUPs for such uses in the Community Commercial zone. A height variance would also be required to allow a maximum building height of 115 feet for the hospital towers. Additionally, use of the site for a hospital would require a General Plan Amendment and zone change. As previously mentioned, this alternative site is located at the edge of a developing urban/rural interface, as evidenced on County of Riverside aerial photographs. Surrounding development in Temecula primarily consists of business park and open space land uses. As described above in Temecula Regional Hospital Final Supplemental Environmental Impact Report 4-6 ESA/ D207434 January 2008 4. Project Alternatives Aesthetics, the use at this location could be considered out of character given the urban/rural interface, existing agricultural uses in the County, and the low -scale nature of surrounding residential development. Therefore, Alternative 7 has the potential to result in increased adverse land use compatibility impacts. Noise Noise impacts are closely tied to traffic volumes. Alternative 7 would result in comparable development, and the total traffic volumes associated with the proposed project would be similar. This alternative may necessitate slightly shorter helicopter trips due to the location of the project site on the western boundary of the City, and could result in a flight path over fewer residential neighborhoods than the flight paths associated with the project. Estate residential land uses to the west in the Santa Rosa Plateau area would be impacted by flight operations. Therefore, this alternative could have a reduced noise impact relative to the project. The helicopter noise impacts would be significant and unavoidable due to the uncertainty of number of flights per month, the uncertainty of the flight path, and the location of single-family homes in the surrounding area to the west. Noise impacts associated with this alternative could be potentially less than those associated with the project. Transportation Under Alternative 7, project trip generation would be greater as that associated with the proposed project. LLG Engineers conducted a Build -out (Year 2025) segment analysis of roadways potentially impacted by Alternative 7 (refer to Appendix D). The build -out segment volumes were obtained from the City of Temecula General Plan Update Circulation Element Traffic Study dated December 2004. All planned network (CIP) improvements are assumed to be implemented and the City street network is assumed to be built to the planned Circulation Element Classification. The proposed Alternative 7 was added to these segments and the build -out plus project traffic volumes were determined. Table 4-1 summarizes the without and with project Build -out segment volumes. As seen in Table 4-1, the segment of Winchester Road from Diaz Road to Jefferson Avenue is calculated to operate at LOS F with Alternative 7. The segment of Jefferson Avenue between Winchester Avenue and Overland Drive is calculated to operate at LOS F, both without and with Alternative 7 traffic. These would represent significant impacts requiring mitigation. Conclusion Alternative 7 has the potential to result in adverse aesthetic and land use compatibility impacts, whereas the proposed project does not. Noise impacts associated with this alternative could be less than the proposed project due to slightly shorter helicopter trips and the location of the project site on the western boundary of the City, which would require a flight path over fewer residential neighborhoods. Biological resource impacts would be similar to the proposed project. Traffic impacts would be slightly worse. All other impacts would be comparable to those associated with the project. The alternative would attain each of the project objectives set forth by the City of Temecula and the project applicant outside of using the actual site as currently proposed. Temecula Regional Hospital Final Supplemental Environmental Impact Report 4-7 ESA/ D207434 January 2008 4. Project Alternatives TABLE 4-1 ALTERNATIVE 7 BUILD -OUT SEGMENT OPERATIONS Segment Existing Roadway Class a LOS E Capacity b Build -out Without Project Build -out With Project Volume ° VIC d LOS e Volume c VIC d LOS e VIC Winchester Road Diaz Rd to Jefferson Ave 4 -Ln Major Rd 34,100 29,000 0.850 D 40,140 1.177 F 0.327 Jefferson Ave to 1-15 8 -Ln Urban Art 71,800 45,000 0.627 B 55,540 0.774 C 0.147 Rancho California Road Diaz Rd to Jefferson Ave 6 -Ln Urban Rd 53,900 18,000 0.334 A 18,360 0.341 A 0.007 Jefferson Ave to 1-15 8 -Ln Urban Art 71,800 39,000 0.543 A 39,970 0.557 A 0.014 Jefferson Ave North of Winchester Rd 6 -Ln Principal Art 53,900 26,000 0.482 A 26,610 0.494 A 0.011 Winchester Rd to Overland Dr 4 -Ln Major Rd 34,100 38,000 1.114 F 38,610 1.132 F 0.018 Overland Dr to Rancho California Rd 4 -Ln Major Rd 34,100 28,000 0.821 D 28,610 0.839 D 0.018 Diaz Road North of Winchester Rd 4 -Ln Major Rd 34,100 15,000 0.440 A 26,500 0.777 C 0.337 Winchester Rd to Overland Dr 4 -Ln Major Rd 34,100 23,000 0.674 B 23,360 0.685 B 0.011 Overland Dr to Rancho California Rd 4 -Ln Major Rd 34,100 11,000 0.323 A 11,360 0.333 A 0.011 NOTES: a. City of Temecula Roadway Classification b. Riverside County Roadway Capacity c. City of Temecula General Plan Update, Circulation Element Traffic Study d. Volume / Capacity ratio e. Level of Service SOURCE: LLG, 2007. Temecula Regional Hospital Final Supplemental Environmental Impact Report 4-8 ESA / 0207434 January 2008 4. Project Alternatives Ta ble 4-2 summarizes the impacts of each of the alternatives relative to the project. 4.5 Environmentally Superior Alternative Section 15126.6(e) (2) of the CEQA Guidelines requires that an EIR identify the environmentally superior alternative. If the No Project Alternative is the environmentally superior alternative, the EIR must identify an environmentally superior alternative among the remaining alternatives. Based on the above analysis, Alternative 6, Construction of Hospital Only, remains identified as the Environmentally Superior Alternative. Temecula Regional Hospital Final Supplemental Environmental Impact Report 4-9 ESA/ D207434 January 2008 4. Project Alternatives TABLE 4-2 COMPARISON OF IMPACTS OF ALTERNATIVES RELATIVE TO IMPACTS OF THE PROJECT Impact Category Alternative 1: No Project — No Build Alternative 2: No Project — Development Under Current General Plan Alternative 3: Alternate Site Corona Family Properties Alternative 4: Alternative 5: Alternative 6: Access from Dartolo Road Access from DePortola Road and Dartolo Road Construction of the Hospital Only Alternative 7: Alternative Site Temecula Education Center Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation Utilities and Service Systems Meets all objectives of the project? Avoided Avoided Avoided Avoided Avoided Avoided Avoided Avoided Avoided Avoided Avoided Avoided Avoided Avoided Avoided Avoided No SOURCE: Environmental Science Associates, 2007. Reduced Similar Greater Similar Similar Similar Similar Similar Reduced Similar Reduced Similar Similar Similar Greater Similar No Greater Greater Similar Undetermined Similar Similar Similar Similar Greater Similar Greater Similar Similar Similar Similar Similar Yes Similar Similar Reduced Similar Similar Similar Similar Similar Reduced Greater Greater Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Reduced Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Greater Similar Reduced Similar Similar Similar Yes Yes No Greater Reduced Similar Similar Similar Similar Similar Similar Greater Similar Reduced Similar Similar Similar Greater Similar Yes Temecula Regional Hospital Final Supplemental Environmental Impact Report 4-10 ESA / D207434 January 2008 CHAPTER 5 Acronyms, References, and List of Preparers 5.1 Acronyms µg/L micrograms per liter ADT average daily trips ALUCP Airport Land Use Compatibility Plan ADA Americans with Disabilities Act ANSI American National Standards Institute AQMP Air Quality Management Plan ARB Air Resources Board AST above -ground storage tank bgs below ground surface BMP Best Management Practices BTEX benzene, toulene, ethylbenzene, total xylenes Caltrans California Department of Transportation CCR California Code of Regulations CDFG California Department of Fish and Game City City of Temecula CEQA California Environmental Quality Act CoCo Constituents of Concern CIP Capital Improvement Program CNEL Community Noise Equivalent Level CO carbon monoxide CPT Cone Penetration Test CUP Conditional Use Permit dB decibel Temecula Regional Hospital Final Supplemental Environmental Impact Report 5-1 ESA/ D207434 January 2008 5. Acronyms, References, and List of Preparers dBA A -weighted decibels DIPE diisopropyl ether EPA U.S. Environmental Protection Agency DNL Day/Night Average Noise Level DOT U.S. Department of Transportation DTSC California Department of Toxic Substance Control ETBE ethyl tertiary butyl ether FHWA Federal Highway Administration FTA Federal Transit Administration HWCL Hazardous Waste Control Law HWMP Hazardous Waste Management Plan Hz Hertz ICU Intersection Capacity Utilization ITE Institute of Transportation Engineers Leg energy -equivalent noise level Ld„ day -night average noise level LLG Linscott, Law, and Greenspan Engineers Lmax maximum noise level LOS level of service M(_)B medical office building MOU Memorandum of Understanding MS4 Municipal Separate Storm Sewer System MTBE Methyl tertiary butyl ether NAHC Native American Heritage Commission NOP Notice of Preparation NOX Nitrogen Oxides NPDES National Pollution Discharge Elimination System NPL USEPA's National Priorities List RCFCWCD Riverside County Flood Control and Water Conservation District RCTC Riverside County Transportation Commission ROG Reactive Organic Gases Temecula Regional Hospital Final Supplemental Environmental Impact Report 5-2 ESA/ D207434 January 2008 5. Acronyms, References, and List of Preparers RWQCB Regional Water Quality Board SB south bound SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SEIR Supplemental Environmental Impact Report SENEL Single Event Noise Exposure Level SPCC Spill Prevention, Control, and Countermeasure TAME tertiary amyl methyl ether TBA tertiary butyl alcohol TPHg total petroleum hydrocarbons as gasoline TSCA Toxic Substances Control Act TUMF Transportation Uniform Mitigation Fees UHS Universal Health Services of Rancho Springs, Inc. UST underground storage tank v/c volume -to -capacity VOC volatile organic compounds 5.2 References California Code of Regulations, Title 21 Section 3527, Airport and Heliport Definitions. California Department of Transportation. California Scenic Highway Mapping System. http://www.dot.ca.gov/hq/LandArch/scenic_highways/, August 11, 2005. City of Temecula General Plan, adopted April 2005. City of Temecula, Municipal Code. County of Riverside General Plan, October, 2003. Cunniff, P.F., Environmental Noise Pollution, 1977. Federal Aviation Administration. Noise Measurement Flight Test: Data/Analyses, Bell 222 Twin Jet Helicopter, February 1984. Fields, James M. and Powell, Clemans A. Community Reactions to Helicopter Noise: Results from an Experimental Study. April 15, 1987. Final Environmental Impact Report, Temecula General Plan Update (SCH #2003061041), Certified April 12, 2005. Harris, Miller, Miller and Hanson, Inc. Transit Noise and Vibration Assessment. April 1995. Temecula Regional Hospital Final Supplemental Environmental Impact Report 5-3 ESA/ D207434 January 2008 5. Acronyms, References, and List of Preparers Institute of Transportation Engineers. Trip Generation, Seventh Edition. 2003. Linscott Law & Greenspan, Traffic Impact Analysis Temecula Hospital, October 2007. Personal Communication, David Prusha, HKS Inc. — Project Architects and Engineers. September 22, 2005. San Diego Association of Governments (SANDAG), Brief Guide of Vehicular Traffic Generation Rates, April 2002. SCS Engineers, Letter Report of Soil Vapor Survey (Survey) and Limited Human Health Risk Assessment (Assessment), October 2007. U.S. Environmental Protection Agency, Methyl Tertiary Butyl Ether (MTBE), http://www.epa.gov/mtbe/water.htm, March 2006. U.S. Environmental Protection Agency, Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances, 1971. Wieland Associates, Inc., Supplemental Noise Study for the Temecula Regional Hospital in Temecula, October 2007. 5.3 List of Preparers Lead Agency - City of Temecula Shawn Nelson, City Manager Aaron Adams, Assistant City Manager Bob Johnson, Assistant City Manager Bill Hughes, Public Works Director Dan York, Deputy Director of Public Works Debbie Ubnoske, Director of Planning Patrick Richardson, Principal Planner Steve Brown, Principal Planner Emery Papp, Senior Planner Project Applicant Universal Health Services, Inc. (Applicant) Linda Bradley Scott Crane Tim Rielly Temecula Regional Hospital Final Supplemental Environmental Impact Report 5-4 ESA/ D207434 January 2008 5. Acronyms, References, and List of Preparers Consultants to the Lead Agency SCS Engineers (Subsurface/Groundwater Investigations) Tom Wright, Project Professional/Geologist LINSCOTT, LAW & GREENSPAN, ENGINEERS (Traffic Engineers) John Boarman, Principal Narasimha Prasad, Senior Transportation Engineer Wieland Associates (Noise Consultant) David Wieland, Vice President, Principal Consultant Jonathan Higginson, Senior Consultant Environmental Science Associates (SEIR Preparers) Eric Ruby, Project Director Christopher Knopp, Project Manager Rebecca Skaggs, Associate Jason Nielsen, Graphic Artist Lisa Bautista, Document Manager Melissa Gross, Document Manager Eugene Williams, Word Processor Temecula Regional Hospital Final Supplemental Environmental Impact Report 5-5 ESA/ D207434 January 2008 Appendix A \otice of Preparation of Supplemental Environments mpact Report r ESA Appendix B Responses to \otice of Preparation Appendix C Soil Vapor Survey Appendix D Traffic Impact Analysis Update Appendix E \oise Impact Analysis Update Appendix F Scoping Session Speaker Slips Appendix G Response to Comments Appendix H Vitigation Monitoring and Reporting Program Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA10-0194 Universal Health Services of Rancho Springs, Inc. A Major Modification to a Development Plan (PA07-0200) for the Temecula Regional Hospital to change the phasing of the project, to relocate the truck loading bays and service yard, and to relocate mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the northern portion of the hospital building on 35.3 acres generally located on the north side of Temecula Parkway, approximately 800 feet west of Margarita Road. Consistent with Section 15164 of the California Environmental Quality act (CEQA), and addendum to the previously adopted Supplemental EIR for the project was prepared for this modification application. Stuart Fisk, (951) 506-5159 City of Temecula, Council Chambers (At the new Civic Center in Old Town, located at 41000 Main Street) December 15, 2010 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 the hearing. Any petition for judicial review of a decision of the Planning Commission shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 506-5159. RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0194, A MAJOR MODIFICATION TO A DEVELOPMENT PLAN (PA07-0200) FOR THE TEMECULA REGIONAL HOSPITAL TO CHANGE THE PHASING OF THE PROJECT BY REDUCING THE NUMBER OF BEDS FROM 170 TO 140 FOR PHASE I OF THE PROJECT, TO MODIFY THE BUILDING FACADES OF THE HOSPITAL TOWERS, TO RELOCATE THE TRUCK LOADING BAYS AND SERVICE YARD, AND TO RELOCATE MECHANICAL EQUIPMENT FROM AN OUTDOOR AREA AT THE SERVICE YARD TO AN EXPANDED INDOOR AREA AT THE NORTHERN PORTION OF THE HOSPITAL BUILDING ON 35.3 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY, APPROXIMATELY 800 FEET WEST OF MARGARITA ROAD (APN 959-080-001 THRU 004 AND 951-080-007 THRU 010) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. A. On June 30, 2004, Universal Health Services of Rancho Springs, Inc. ("UHS"), filed Planning Application Nos.PA04-0462, a General Plan Amendment; on October 12, 2005 filed PA05-0302, a Zone Change to PDO -9 (Planned Development Overlay -9); on June 30, 2005 filed PA04-0463, a Conditional Use Permit and Development Plan; and on November 4, 2004 filed PA04-0571, a Tentative Parcel Map, in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act ("CEQA"). C. On April 6, 2005, the Planning Commission considered the Project 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 of or opposition to this matter. D. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 28, 2005. G. On November 16, 2005, and again on January 5, 2006, the Planning Commission considered the Project at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. H. Following consideration of the entire record of information received at the public hearings, the Planning Commission adopted Resolution No. 06-01 recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following 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. 06-04, recommending approval of the Conditional Use Permit and Development Plan for the Project (PA04-0463). J. On January 24, 2006, the City Council held a duly noticed public hearing as prescribed by law on the Final Environmental Impact Report at which time all persons interested had the opportunity to present oral and written evidence on the Final Environmental Impact Report. K. On January 24, 2006, following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council and due consideration of the Project, the City Council adopted Resolution No. 06-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." L. On January 24, 2006, the City Council considered the Conditional Use Permit and Development Plan for the Project (PA04-0463) 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 of or opposition to this matter. M. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the City Council adopted Resolution No. 06-07, approving the Conditional Use Permit and Development Plan for the Project (PA04-0463). N. On February 24, 2006, the California Nurses Association and Citizens Against Noise and Traffic each filed a separate petition challenging the City of Temecula's approval of the Temecula Regional Hospital project proposed by Universal Health Services, Inc. O. On May 3, 2007, the Riverside County Superior Court ordered that the City of Temecula set aside its approval of the Project, including without limitation, its certification of the Final Environmental Impact Report and all related approvals and permits, until the City of Temecula has taken the actions necessary to bring the Project into compliance with the California Environmental Quality Act ("CEQA"). The Riverside County Superior Court ruled in favor of the California Nurses Association and Citizens Against Noise and Traffic, holding that: (1) the MTBE plume was not properly analyzed in the Final Environmental Impact Report; (2) the siren noise at the hospital was significant and should have been mitigated; and (3) not all feasible traffic mitigation measures were adopted for cumulative traffic impacts. P. The Riverside County Superior Court also held that the Final Environmental Impact Report properly addressed: (1) cumulative noise, light and glare, and aesthetic impacts; (2) landscaping mitigation deferral; (3) biological resources; (4) geology and soils mitigation; and (5) land use consistency. Q. On July 12, 2007, another scoping session was held to determine the extent of issues to be addressed in the new Environmental Impact Report for the Project. R. In response to the Riverside County Superior Court's decision, a new Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from November 5, 2007 through December 5, 2007. S. On January 9, 2008, the Planning Commission considered Planning Application Nos. PA07-0198 (General Plan Amendment), PA07-0199 (Zone Change), PA07-0202 (Conditional Use Permits), PA07-0200 (Development Plan), PA07-0201 (Tentative Parcel Map) in a manner in accordance with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"), 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 of or opposition to this matter. T. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 08-01 recommending that the City Council certify the new Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. U. Following 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. 08-04, recommending approval of the Development Plan (PA07-0200). V. On January 22, 2008, the City Council rescinded and invalidated its approvals of Planning Application Nos. PA04-0462, General Plan Amendment; PA05- 0302, Zone Change to PDO -9 (Planned Development Overlay -9); PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010. W. On January 22, 2008, the City Council considered the Development Plan (PA07-0200) 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. X. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 08-10, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO CERTIFY THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL HOSPITAL PROJECT, LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY (HIGHWAY 79 SOUTH) APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080- 001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA07-0198, PA07-0199, PA07-0200, PA07-0201, PA07-0202). The new Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. Y. On June 18, 2010, Universal Health Services of Rancho Springs, Inc., filed Planning Application No. PA10-0194, a Major Modification Application in a manner in accord with the City of Temecula General Plan and Development Code. Z. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. AA. The Planning Commission, at a regular meeting, considered the Application and environmental review on December 15, 2010, 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. BB. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application No. PA10-0194 subject to and based upon the findings set forth hereunder. CC. The City Council, at a regular meeting, considered the Application and environmental review on , 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. DD. At the conclusion of the City Council hearing and after due consideration of the testimony, the City Council adopted Resolution No. subject to and based upon the findings set forth hereunder. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council, in approving the Application, hereby makes the following findings: A. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of State law and other Ordinances of the City; The proposed Development Plan modification is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code, and with all applicable requirements of State law and other Ordinances of the City of Temecula because the project, as designed and conditioned, is consistent with all applicable zoning ordinances, state laws and the General Plan. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare; The overall development of the land has been designed for the protection of the public health, safety, and general welfare as the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and has been reviewed and conditioned to comply with the General Plan, Development Code, and uniform building and fire codes. Section 3. The City Council of the City of Temecula further finds, determines, and declares that: A. On January 24, 2006, the City Council approved and certified the Final Environmental Impact Report ("FEIR") for the Temecula Regional Hospital, and on January 22, 2008, the City Council approved and certified the Final Supplemental Environmental Impact Report ("FSEIR") for the Temecula Regional Hospital. B. The City determined that the proposed modifications to the project do not trigger any of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines which require the preparation of a subsequent or supplemental EIR and that an Addendum is appropriate for the proposed modification to the hospital project. C. The Addendum relied on use of an Environmental Checklist Form as suggested in Section 15063 (d)(3) to evaluate whether there were any new or more severe significant environmental effects associated with implementation of the revised project under the Addendum and the proposed amendments and to review whether there is new information or circumstances that would require preparation of additional environmental documentation in the form of a subsequent or supplemental EIR or if an Addendum is appropriate. The analysis in the Addendum indicates that no new significant effects will be caused by the proposed modification to the project, nor will the proposed modification increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Temecula Regional Hospital FEIR and FSEIR. D. The Addendum also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Addendum found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. E. Further, the Addendum analyzed whether new information exists that indicates that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in facts feasible. The Addendum found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. F. Because the Addendum finds no new 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 Planning Commission finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the proposed modification application. G. The City Council finds that the Addendum was prepared in compliance with CEQA. The City Council hereby certifies and approves the Addendum prepared for the proposed modification application. The City Council further finds that the conclusions reached in the Addendum represents the independent judgment of the City Council. H. The custodian of records for the FEIR, the SFEIR, and the Addendum for the modification application and all other materials, which constitute the record of proceedings upon which the City Council's decision is based, is the Planning Department of the City of Temecula. Those documents are available for public review in the Planning Department located at the Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula, California. I. All legal prerequisites to the approval of this Resolution have occurred. Section 4. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification Application, PA10-0194: A. Pursuant to California Environmental Quality Act ("CEQA) Section 15164, an Addendum to the FSEIR adopted in 2008 was prepared to assess the potential environmental effects of the approval of the Major Modification Application, as described in the FSEIR Addendum ("the Project"). B. The City Council has reviewed the FSEIR Addendum prior to and at the December 15, 2010 public hearing, and based on the whole record before it finds that: (1) the FSEIR Addendum was prepared in compliance with CEQA; (2) Based on the findings in the FSEIR Addendum there is no new information or change in circumstances that would indicate new and better mitigation is available to address the previously identified impacts, and the mitigation measures contained in the previously approved 2008 FSEIR and mitigation monitoring program adopted in 2008 remain applicable to the project as modified; and (3) the FSEIR Addendum reflects the independent judgment and analysis of the City Council. C. Pursuant to the California Environmental Quality Act ("CEQA), the City Council has considered the proposed Major Modification Application. The City Council has also reviewed and considered the Final Supplemental Environmental Impact Report ("FSEIR") for the Project, approved by the City Council as Planning Application No. PA07-0200 on January 22, 2008, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the City Council finds that the proposed Major Modification Application does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the City Council also finds that the proposed Major Modification Application does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Major Modification Application will have one or more significant effects not previously discussed in the FSEIR. All potential environmental impacts associated with the proposed Major Modification Application are adequately addressed by the prior FSEIR. An Addendum pursuant to Section15164 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is therefore the appropriate type of CEQA documentation for the Major Modification Application, and no additional environmental documentation is required. D. Based on the findings set forth in the Resolution, the City Council hereby adopts the FSEIR Addendum prepared for this project. Section 5. Conditions. The City Council of the City of Temecula hereby approves the Major Modification Application to a Development Plan (PA07-0200) for the Temecula Regional Hospital to change the phasing of the project, to modify the building facades of the hospital towers, to relocate the truck loading bays and service yard, and to relocate mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the northern portion of the hospital building on 35.3 acres generally located on 35.3 acres generally located on the north side of Temecula Parkway, approximately 800 feet west of Margarita Road, known as Assessor Parcel Numbers 959-080-001 thru 959-080-004 and 951-080-007 thru 951-080-010, as set forth in Planning Application No. PA10-0194, subject to the specific Conditions of Approval set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. Section 6. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of February, 2011. Ron Roberts, 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. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of February, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10-0194 Project Description: A Major Modification to a Development Plan (PA07-0200) for the Temecula Regional Hospital to change the phasing of the project by reducing the number of beds from 170 to 140 in phase I of the project, to modify the building facades of the hospital towers, to relocate the truck loading bays and service yard, and to relocate mechanical equipment from an outdoor area at the service yard to an expanded indoor area at the northern portion of the hospital building on 35.3 acres generally located on the north side of Temecula Parkway, approximately 800 feet west of Margarita Road Assessor's Parcel No. 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 MSHCP Category: Commercial DIF Category: Office TUMF Category: Service Commercial/Office Approval Date: February 8, 2011 Expiration Date: February 8, 2013 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). GENERAL REQUIREMENTS Planning Department 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the 1 City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 4. This approval shall be used within two years of the approval date; any time extension beyond the initial two years from approval of this modification will require the preparation of a new environmental document. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 5. A separate building permit shall be required for all signage. 6. Prior to the approval and issuance of any permanent signs, a sign program shall be submitted for review and approval for the project site. 7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. The applicant shall paint a three-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 10. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 11. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs' prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Condition of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. 2 Material Color Exterior Plaster Color No. 1: Dryvit #456, "Oyster Shell" in Dryvit "Sandblast" texture Exterior Plaster Color No. 2: Dryvit #383, "Honey Twist" in Dryvit "Sandblast texture Tile Base: Daltile #CS51, 12" x 12" Continental Slate, Indian Red Painted Trim: To match color of "Indian Red" in tile base Ceramic Roof Tile: Monier Lifetile, Duralite Villa Tinted Glass: Viracon, Bronze VE 4-2M Window Frame: Kawneer, Medium Bronze 12. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 13. All utilities shall be screened from view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A three-foot clear zone shall be provided around fire check detectors as required by the Fire Department before starting the screen. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities shall not look like an after -thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and the applicant shall insure that there are no conflicts with trees. 14. The applicant shall insure that mature plantings will not interfere with utilities, adjacent site existing structures and landscaping and traffic sight lines. 15. All requirements of Development Code Chapter 17.32 (Water Efficient Landscape Design) are required to be met. 16. The applicant shall comply with the Mitigation Monitoring Program for the project. 17. The split rail fencing for the multi -use trail proposed along the northern property lines, adjacent to the residences shall be extended from the current location to the western edge of the property line. Said fence shall be a continuous fence beginning from the secondary driveway at DePortola to the western property line. (Added by City Council, January 22, 2008). 18. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 19. All trash enclosures shall be large enough to accommodate a recycling bin, as well as a regular solid waste container. 20. The property owner or private maintenance association shall maintain all parkways, perimeter landscaping, trail, walls, fences and on site lighting. 21. All major equipment (elevator motors, generators, air conditioning, etc., and soundproofing of same) shall conform to the latest best standards for noise reduction such that noise from these sources conforms to the City's Noise Ordinance. (Added per Planning Commission recommendation, December 15, 2010). 3 22. Trash service and deliveries to the loading dock shall be restricted to the hours of 7:00 a.m. to 6:00 p.m. All vehicles providing these services shall enter and leave the hospital grounds via the Temecula Parkway or Dona Lynora Road entrances only. (Added per Planning Commission recommendation, December 15, 2010). 23. The developer shall comply with the Public Art Ordinance. Police Department 24. Any graffiti painted or marked upon the building shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 25. Any business desiring a business security survey of their location can contact the crime prevention unit of the Temecula Police Department. 26. Any public telephones located on the exterior of the building should be placed in a well - lighted, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 27. Applicant shall ensure all landscaping surrounding the building are kept at a height of no more than three feet or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. a. The placement of all landscaping should comply with guidelines from Crime Prevention Through Environmental Design (CPTED). 28. All parking lot lighting surrounding the complex should be energy-saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. 29. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 30. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one foot candle of light at ground level, evenly dispersed. 31. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 2417. 32. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 33. Any emergency generator system shall be inside a secure enclosure to prevent theft of fuel or tampering with the equipment. 34. All pressurized gas cylinders not in use shall be stored in a secure location to prevent theft. 4 Building and Safety Department 35. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 36. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday -Friday 6:30 a.m. — 6:30 p.m. Saturday 7:00 a.m. — 6:30 p.m. No work is permitted on Sundays or Government Holidays Fire Prevention 37. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 38. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration. The fire service loop will be a complete looped system with two points of connection (CFC Appendix B and Temecula City Ordinance 15.16.020, Section R). 39. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and off-site 6" x 4" x 2-2 %" outlets on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrants in the system. The fire hydrants will provide coverage for the entire site, including all buildings, open space and parking areas (CFC Appendix C and Temecula City Ordinance 15.16.020, Section R). 40. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided (CFC Chapter 5, Section 508.5). 41. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. This includes the fire service lines and hydrants must be completed for the entire site prior to combustibles being brought on site. (CFC Chapter 5, Section 503.4 Public Works Department 42. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City -maintained street right -of way. 5 43. Ari Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 44. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 45. All on-site drainage facilities shall be maintained by a private maintenance association or property owner. 46. The undergrounding of electrical and telecommunication facilities per Temecula Municipal Code, Section 15.04.080 shall be completed prior to the issuance of the first building permit in Phase 3 (Medical Office Building 2). 47. The driveway on De Portola Road will be restricted to right-in/right-out/left-in movements. PRIOR TO ISSUANCE OF GRADING PERMITS Planning Department 48. The applicant shall submit a separate plan, entitled outdoor furniture detail plan, showing details of all outdoor furniture, subject to the approval of the Director of Planning. Outdoor furniture shall be decorative and of high quality appearance. 49. The applicant shall submit cross sections verifying that all roof mounted equipment will be screened from public view as determined acceptable by the Director of Planning. 50. The elevations and roof plans shall show internalized downspouts for all buildings and structures, excluding trash enclosures. 51. Trash enclosures shall be shown on the site plan, landscape plan and elevations and shall comply with the following: a. Trash enclosures shall be provided to house all trash receptacles utilized on the site. b. All trash enclosures shall blend with the architecture of the overall center and include a decorative roof type feature as approved by the Director of Planning. c. Trash enclosures shall be screened from view. The applicant shall provide shrubs and wall vines on three sides of enclosures as required to provide screening. 52. Details of all exterior light fixtures, including decorative entry lighting and wall mounted lighting, shall be provided on the plans. 53. The Applicant shall provide a detailed elevation drawing to show a decorative fence no less than four feet in height around the helipad, subject to the approval of the Planning Director. Said fence shall be constructed in a mariner that deflects horizontal wind velocities caused by the rotation of rotor blades, providing all FAR Part 77 imaginary surfaces and the surface of the area remain obstruction free, per Section 1710.020.P of the City of Temecula Development Code. 6 54. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 55. Double detector check valves shall be either installed underground or internal to the project site at locations riot visible from the public right-of-way, subject to review and approval by the Director of Planning. 56. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is riot an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." 57. Prior to the issuance of grading permits, the developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the Project, as well as provisions for tribal monitors. 58. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. 59. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. 60. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 61. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the Project area, to the Pechanga Tribe for proper treatment and disposition. 62. All sacred sites are to be avoided and preserved. 63. A qualified paleontologist/archaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological/ archaeological impacts. A meeting between the paleontologist/ archaeologist, Planning Department staff, and grading contractor prior to the commencement of grading operations and the excavation shall be arranged. The paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. The applicant shall provide written verification that services for on-site professional archaeological and paleontological monitoring has been contracted during all phases of earthmoving activities. 64. The Pechanga Band of Luiseno Indians shall be contacted to afford the Band an opportunity to monitor ground -disturbing activities and participate in the decisions regarding collection and curation of any such resources. The applicant shall submit correspondence to the Planning Department that confirms that such contact has been made prior to the issuance of a grading permit. 65. The Applicant shall enter into a pre -construction agreement/treatment plan with the Pechanga Band of Luiseno Indians, prior to the issuance of grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreement/treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and human remains that may be uncovered during the project. The agreement/treatment plan may allow for the presence of Pechanga tribal monitors during any ground -disturbing activities. The applicant shall submit a signed copy of the pre -construction agreement/treatment plan to the Planning Department prior to the issuance of a grading permit. 66. The Applicant and/or landowner agrees to relinquish all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseno Indians for proper treatment and disposition. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 67. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luise* Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 68. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians will be contacted to arrange for the treatment of such remains. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 69. The applicant must enter into a written pre -excavation agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. A copy of the signed document shall be submitted to the Planning Department. 70. The grading plan shall include the following: a. Earth berms as required along the northern property lines and along Highway 79 South as discussed in these Conditions of Approval. b. A note on the plans indicating all areas not proposed for development within six months shall be hydroseeded and irrigated for soil and dust erosion. 8 c. Show the five-foot landscape dimension for all parking islands, including the 1 -foot concrete landing strip (seven feet total width). One parking island is required per ten parking spaces. Public Works Department 71. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 72. Each phase must install its respective WQMP BMP(s) as shown in the master plan. The applicant shall update the WQMP as each phase is developed and include slip sheets or other means to reflect the changes as each phase is developed. 73. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 74. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 75. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 76. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. 77. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 78. NPDES - The project proponent shall implement construction -phase and post -construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction -phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post -construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with 9 stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction -phase and post -construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post -construction BMPs. 79. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 80. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 81. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 82. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 83. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 84. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone X. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Fire Prevention 85. Maximum cul-de-sac- length shall not exceed 1320 feet. Minimum outside turning radius on any cul-de-sac shall be 45 feet (CFC Chapter 5, 503.2.4.and 503.2.5.along with Temecula City Ordinance 15.16.020 Section E). 86. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. All fire service access roads shall be installed and complete for the entire site prior to combustibles being brought on site.(CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). 87. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). 10 88. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503.2.7. and City Ordinance 15.16.020 Section E). 89. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5, Section 503.1.2). 90. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5, Section 503.2.5 and City Ordinance 15.16.020 Section E) PRIOR TO ISSUANCE OF BUILDING PERMIT Planning Department 91. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 92. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 93. The final construction plans shall include a photometrics plan showing foot-candle illumination in the parking lot, driveways, drive aisles, pedestrian paths of travel and building entrances. A minimum of one -foot candle illumination shall be maintained throughout the site and a minimum of two foot-candle illumination shall be provided at primary building entrances. 94. Final Construction plans shall provide decorative lighting fixtures shall be provided at the primary entry of each building/structure, subject to the approval of the Director of Planning. Final construction plans shall provide details of all light fixtures, including decorative entry lighting, parking lot lighting and wall mounted lighting. 95. The applicant shall submit a detailed lighting plan for the helipad facility. 96. The elevations for all buildings shall be revised in a manner that all exterior ladders are screened from the public view of Temecula Parkway. 97. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 11 c. A note on the plans stating that "Two landscape inspections are required: one inspection is required for irrigation lines and a separate inspection is required for final planting inspection." d. A note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." e. One copy of the approved grading plan. f. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). g. Total cost estimate of plantings and irrigation (in accordance with approved plan). h. The locations of all existing trees that will be saved consistent with the Tentative Map. i. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicant/owner shall contact the Planning Department to schedule inspections. J. 98. The final construction landscape plan shall include the following: a. A calculation indicating the percentage of the site that is to be landscaped shall be provided on the construction landscape plans. The applicant shall insure that minimum required code percentages for landscaping are provided to meet the specific zone requirements. b. The applicant shall field verify adjacent existing street plantings and coordinate proposed plantings to be compatible as approved by the Director of Planning. c. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. d. Street trees shall be provided along all streets at the rate of one per every 30 feet of street frontage. e. Areas proposed for development in another phase occurring not within six months of the completion of the previous phase shall be temporarily tufted, seeded and irrigated for dust and soil erosion control. A note on the grading plan and landscape plan shall be provided. f. A minimum five foot width planting area shall be provided at the ends of all parking rows. Curbs and concrete walks shall not infringe on this five foot width. The planter length shall be equal to the adjoining parking space. The planter shall contain a minimum of one tree, shrubs and ground covers. Accent trees (minimum 36 -inch box size) shall be installed at entries to parking areas in order to define the entry and provide a focal point. g. 12 h. Indian Tribe, Faurei varieties shall be provided for Crape Myrtle. i. Additional trees shall be added on the north, east and west sides of building MOB #2 as approved by the Director of Planning. A combination of large (no less than 24 -inch box) Afghan Pines and California Pepper trees (or other large screen trees) shall be provided along the northern perimeter of the project to screen off-site views of the development as approved by the Director of Planning. k. A landscaped berm shall be provided along the northern property lines adjacent to the residentially zoned lots and DePortola, with mature (24-inchand 36 -inch box) screen trees to screen the view of the buildings and reduce the amount of glare from the project site, subject to approval by the Director of Planning. A cross section shall be provided on grading and landscape plans verifying the buffer area. I. The landscaped area along Temecula Parkway shall include a meandering berm with large shrubs to provide additional screening of the parking lot. The applicant shall provide a combination of shrub plantings and earth berms that can be maintained at a minimum height of three feet around all parking areas to screen parking from off-site views. m. All areas not designed for buildings, parking, driveways or other useable features shall be landscaped, unless approved by the Director of Planning. The area along the eastern property line, adjacent to the access driveway shall be landscaped, unless it is determined critical habitat not to be disturbed. n. The Landscape construction plans shall include final color and finish details for all decorative hardscape throughout the project site. Decorative hardscape shall be provided at all primary building entrances and outdoor gathering areas (including the hospital, medical office buildings, cancer center and fitness rehabilitation center). J. 99. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 100. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, and hardscape) to match the style of the building subject to the approval of the Planning Director. 101. Building plans shall indicate that all roof hatches shall be painted "International Orange." 102. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 103. All roof mounted equipment shall be screened from public view as determined acceptable by the Director of Planning. 104. All exterior wall mounted ladders (for all buildings) shall be located in a manner that they are not visible from Temecula Parkway. 13 105. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 106. Prior to the first building permit or installation of additional street lighting which ever occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of arterial street lighting on Hwy 79 South into the TCSD maintenance program. Public Works Department 107. Prior to the first building permit, Parcel Map No. 32468 shall be recorded, unless otherwise approved by the Director of Public Works. 108. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Numbers. 400. 401and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 109. The Developer shall design the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Highway 79 South (Urban Arterial Highway Standards - 134' RAN) to include installation of sidewalk, street lights, underground utilities, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve De Portola Road (Modified Secondary Arterial (4 lane separated) -88' R/W) to include installation of pavement, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer). c. State Route 79/Redhawk Parkway (Margarita Road) - Provide southbound and eastbound right turn traffic signal overlap. d. The traffic signal at the intersection of Highway 79 South and Country Glen Way shall be modified to allow a full movement intersection. 110. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: 14 a. Dona Lynora (66` RAN) to include the installation of street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer). b. Private 28 -foot wide ingress/egress road to include installation of paving and curb per the approved site plan. 111. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works: a. Street improvements, which may include, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate b. Storm drain facilities c. Sewer and domestic water systems d. Under grounding of proposed utility distribution lines 112. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. The Traffic Control Plan shall indicate that construction traffic may not use the entrance from DePortola Road to access the site. 113. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. 114. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 115. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 116. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. In addition to the above Public Works Department Conditions of Approval, THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE COMPLETED PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT IN PHASE I — (A 140 -bed hospital) 117. Parcel Map No. 32468 shall be recorded, unless otherwise approved by the Director of Public Works. 118. The Developer shall design the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: 15 a. Highway 79 South (Urban Arterial Highway Standards - 134' R/W) to include installation of sidewalk, street lights, underground utilities, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). i. Westbound a) Provide a dedicated right turn lane - 12 foot wide by 200 feet long b) Provide three thru lanes c) Provide one left turn lane ii. Eastbound a) Provide two left turn lanes b) Provide two thru lanes and c) Provide one shared thru/right lane b. Dona Lynora (66' R/W) i. Installation of half -street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) ii. Restricted to right in/right out vehicular movement c. Main entry (Country Glen Way) and Highway 79 South i. Signal modification ii. Provide a 245' continuous median from Highway 79 South to main drive aisle iii. Southbound (exiting site) a) Provide two left turn lanes b) Provide a 20 -foot wide shared thru/right turn lane iv. Northbound (entering site) — 28 foot wide d. De Portola Road (Modified Secondary Arterial (4 lane separated) — 88' RAN) i. Installation of half -street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) ii. Provide a 28 foot wide internal ingress/egress connection to De Portola Road e. State Route 79/Redhawk Parkway (Margarita Road) i. Provide southbound and eastbound right turn traffic signal overlap. Building and Safety Department The Conditions of Approval herein (Building and Safety Department) are not applicable to the projects that fall under the jurisdiction of the State of California OSHPD. These conditions are applicable to the construction documents for projects, specifically the medical office buildings that are within the jurisdiction of the City of Temecula Building and Safety Department. 16 119. All design components shall comply with applicable provisions of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code in place at the time of building permit application submittal. 120. A complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street -lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as riot to shine directly upon adjoining property or public rights-of-way. 121. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 122. Obtain all building plans and permit approvals prior to commencement of any construction work. 123. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 124. Provide disabled access from the public way to the main entrance of the building. 125. Provide van accessible parking located as close as possible to the main entry. 126. Provide number and type of restroom fixtures, to be in accordance with the provisions of the California Plumbing Code in place at the time of building permit application submittal. 127. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 128. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 129. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 130. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 131. A pre -construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 132. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards as required in these conditions. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 14, Section 1412 and Chapter 5, Section 501.3). 17 133. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval for all medical office buildings, except the actual hospital as that is handled by the State. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 134. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval for all medical office buildings, except the actual hospital as that is handled by the State. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT Planning Department 135. A report of findings, including an itemized inventory of recovered specimens, shall be prepared upon completion of the steps outlined the initial study, under cultural resources. The report shall include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the Lead Agency (City of Temecula), would signify completion of the program to mitigate impacts to the palentologic and archaeological resources. 136. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 137. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 138. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. 139. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: 18 "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 140. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. 141. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 142. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department PHASE 1 - A 140 -bed hospital. 143. Prior to the first Certificate of Occupancy in Phase I, the following improvements shall be constructed and operational: a. Highway 79 South i. Traffic signal modifications at the intersection of Highway 79 South and Country Glen Way ii. Roadway improvements a) Westbound (i) Provide a dedicated right turn lane - 12 foot wide by 200 feet long (ii) Provide three thru lanes (iii) Provide one left turn lane b) Eastbound (i) Provide two left turn lanes (ii) Provide two thru lanes and (iii) Provide one shared thru/right lane b. Main Entry/Country Glen Way i. Provide a 245' continuous median from Highway 79 South to main drive aisle ii. Southbound (exiting site) a) Provide two left turn lanes b) Provide a 20 -foot wide shared thrulright turn lane iii. Northbound (entering site) — 28 foot wide c. De Portola Road (Modified Secondary Arterial (4 lane separated) — 88' RAN) i. 28 -foot wide internal ingress/egress connection from project site to De Portola Road ii. Roadway improvements 19 d. State Route 79/Redhawk Parkway (Margarita Road) i. Southbound and eastbound right turn traffic signal overlap e. Dona Lynora (66' R/W) i. Installation of half -street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) ii. Restricted to right in/right out vehicular movement 144. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 145. All public improvements, including traffic signal modification, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 146. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. Building and Safety Department 147. Developments with multi -tenant buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. Fire Prevention 148. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per City Ordinance 15.16.020 Section E. 149. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi -family residential and industrial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and City Ordinance 15.16.020 Section E). 150. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5, Section 506). 20 151. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5, Section 506). 152. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5, Section 503.3). 153. The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 34 and City Ordinance 15.16.020). 154. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format, must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for approval of alternative file formats which may be acceptable Police Department 149. Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. OUTSIDE AGENCIES 150. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated July 24, 2004, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 151. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated July 7, 2007, a copy of which is attached. 152. The applicant shall comply with the recommendations set forth in the Riverside Transit Authority's transmittal dated July 21, 2004, a copy of which is attached. 153. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated July 12, 2004, a copy of which is attached. 21 rrnauvr.ti Ls. Iry U.44MZY10 Genual Manager -Chief Engineer RIVERSIDE COUNTY FLOOD CO AND WATER CONSERVATION DIS City of Temecula Postnt DBox 9033 Temecula, CalIfomla 92589-9033 Attention: DA1J Unr•1dr Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX JUL 2 8 2004 511110.1 Re: 04 -CAPP2 QA. ot43 The District does not normally recommend cQnditlons for land dMslons or other land use cases in incorporated cities. The District also does not check kill( land use cases, or provide State Division of Real Estate letters or other flood hazard for successes. Distant cormre endafions for such cases are normally limited to items of specific Interest to the District including District Pian facilities, other regional flood control and drain _facilities whtdh.00uld be considered a • • cal en >x extension of a master plan system, and District Area Drainage Plan fees (development mitt r � I fees). In additionInformation of a general nature is The District has not reviewed the proposed project in detail and the following checked corfunents do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard. public health and safety.or any. other such issue: Tris project would not be impacted by District Master Drainage Pian facilities nor are other facilities of regional interest proposed. This project Involves DisMd Master Pian facilities. The District will ownership of such facilities on i�nsp�onwill be City. of the Facilities Dim am�tancce.�Pllan check, inscted to Districtpection andDistrict traf fees ll be required. • This protect proposes channels. storm drains 98 inches or larger to diameter. or other facilities that could be considered regional in nature and/or a fol extension of the adopted would Master Drainage Plan. The -District consider accepting owns of such leashes on written request of bberequired fooacillUes rr �ptancebe �Plan duck, Inspection standards, a�ddml�ivvefees will check mrequired.sn will ibis project is Located within the limits of the District's • Area Drainage Plan for which drainage fees have been adopted; applcabte teas should be paid by cashier's check or money order only M the Flood Control Distil d prior to issuance of build g0 or.gnndin rermrts whichever comes first. Fees to be paid should beat the tate in effect at the time or issuance of.actual GENERAL INFORMATION ' • This project may _require a National Pollutant Discharge Elimination System (NPDES)permit from the State Water Resources ControBoard Clearance for•gnading, recordation, or other final approve( should not be given until the City has determined that;thhe project has been granted a peril er Is'shonrsh to be exempt if this woJect involves a Federal Emergency Management Agency (Fmapped flood plain, then the City should req applicant to provide ail studies calculations, • andormation required to mint FEMA requirements, and should further requl this applicant • • - n a Condit onal Letter of Map Revision (CLOMR) prior to grading, recordation or other approve[ of the project, and a Letter of Map Revision (LOMR) prior to occupancy. tf a natural watercourse or mapped �Arm flood_ plain is im this ems, the City should require the t to obtain a Section 1801/1603 rim the California � P m of Fish and Game and a Clean Water Ad Section 404 Permit from the tlCorps of Engineers. or �camespondence from iese8gendes indicating the ps ax tiff Ren Quality water Section 401 carter Certtilcation may be required the Control Board .prior to Issuance of a Corps 404 X Jra ri•k-foActfi,40 lir- pps4Air 4;- $1 Very tnuly yon, OprWhPJf D %AIi *, Wt t•!fJ T• aa;A4 MS1r4 cr WOW -4F tit I if- vJ rut t• otS cr p qN Ti . TrMr—& M ?.1 c+W-(c• c:�4wt ARTURO • Senior Civil Engineer Date: 7f,Y • • July 7, 2004 COUNTY OF RIVERSIDE • COMMUNITY HEALTH AGENCY • DEP�ENT OF ENVIRONMENTAL HEALTH • City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Dan Long RE: Plot Plan No. PA04-0462 & PA04-0463 Dear Mr. Long: Department of Environmental Health has reviewed the Piot Plan No. PA04-0462 & PA04-0463 to construct Temecula Regional Hospital and has no objections. Water and sewer services should be available in this area, although we have not in receipt of any information concerning those services. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will -serve" letters from the appropriate water and sewering districts. b) Any food establishments, ('including vending machines), shall require three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) Any hazardous materials handling or storage shall require a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955- 5055) Sincerely, San Martinez, Supervising Environmental Health Specialist (909) 9554980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. " cc: - Doug Thompson, Hazardous Materials • :cul Enf oreearent Agency • P.O. Box 1280, Rivscside, CA 92502.1280 • (909) 955-8982 • FAX (909) 7819653 • 4080 Lemon Sheet, 9th Root Riverside, CA 92501 And Um and Wafer Eaglneexleg • P.O. Box 1206, Rtveastde, CA 925024206 • (909) 955-8980 • FAX (909) 955-8903.4080 Lemon Street, 2nd Floor, Riverside, CA 92501 • Riv rstde 7. .sit Agency 1825 ThNd Steel P.O Box 59988 Riverside. CA 92517-1968' Pion: (909) 565u000 Fax (909)565.5001 July 21, 2004 Mr. Dan Long, Case Planner Planning Dept., City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: PO4-0462 and PA04-0463 —Temecula Hospital — Comments from RTA Dear Mc Long: Thank you for the opportunity to review the site plan for the proposed 535,000 sq ft medical complex at Temecula Hospital along State Route (SR) 79. A copy of RTA Planning's internal Development Review Memo is enclosed and provides additional rationale and technical detail in support of the requests for transit amenities that would expand mobility options for this project. To encourage and enhance future transit options at Temecula Hospital, RTA recommends the site plan or street improvement plans be revised at to show the following features: • A paved, lighted, and ADA -compliant transit bus stop with a 220 ft -tong turnout configura- • tion capable of accommodating two parked buses, to be installed along the N side of SR 79, just west of the primary hospital entrance. The bus stop should Incorporate a paved passenger waiting area and space for installation of benches and passenger shelters. . • information note: Sufficient right-of-way appears available for this turnout without significant adjustment to sidewalks, loss of parking spaces or required landscaping and with minimum disturbance of future street tree or utility structure Installations. • 'RTA staff is also recommending designation on the.plans of an additional specified clear path of travel from the bus stop to the entrance of the main hospital building. • RTA staff alsoedvises that the project proponents work with the City to install two new passenger shelters at the new bus stop that are complimentary to the hospital's design and architectural themes. RTA requests these recommendations be made conditions of approval for PA 04-0462 and PA04-0463. If you need further (clarification orl can be of further assistance, please call me at (909) 565-5164 or contact me online at jnm000v@riversidetransitcom. Michael McCoy Senior Planner F:ldatalPlanning1MikeMiWordlOev RevievATemeai1a120041RTA ltrhd - Temec Hosp.doc Silverside Wendt Pony PLANNING DEPARTMENT MEMO DEVELOPMENT REVIEW To: Anne Palatino, Director of Planning From: Michael McCoy, Senior Planner Subject City of Temecula, Cases PA04-0462 & -0463: Piot Plan review andCUP for 535,000 sq ft of hospital and medical -related fadliities, N of State Route (SR) 79 and W of Margarita Rd; Riverside Transit Agency (RTA) Comments Bus routes involved: EEdsting Route 24 and future bus routes Summary: Universal Health Care Services Inc proposes a site plan and conditional use permit for the Temecula Hospital project, 535,000 sq ft of medical facilities located on 35 now vacant acres 1/4 mile west of the SR79-Margarita Rd intersection in a rapidly expanding commercial district of Temecula. This will be the first fust -facility medical institution In Southwest Riverside County and will be a distinct asset to the community, challenging planners and engineers to provide a robust suite of mobility options for access to it. The project includes the following components: July 21, 2004 • 176 -bed, 6 -story hospital building, Including Emergency admittance • A 5 -story expansion of the hospital • Two multi -story medical office buildings • Cancer center • Fitness center • 1280 parking spaces The site plan's perimeter and interior circulation patterns are very good, with primary access provided directly off a signalized Intersection at SR 79 and Country Glen Wy. The hospital's main building entrance will have a covered drive thnt loop sulltable for van - pools, paratransit and most private vehicles. Several ADA paths -of -travel are specified on the site plan for connection between the main hospital and ail perimeter driveways. RTA operates Route 24 along some portions of SRT9 but the bus currently does not stop at this site. RTA is currently studying a general reconfiguration,of bus routes in South- west Riverside County and anticipates additional bus service along SR79 and Margarita Rd in the relatively near future since itis an important•arterial that would serve many commercial generators of bus traffic. In considering what transit amenities would be appropriate for the Temecula Hospital site, RTA staff looked at other comparable hospitals in the inland Counties. In some cases, such as Route 17, the hospital is important enough to be the route terminus or name of the line as identified on the bus itself. Also, several distinct transit routes often serve a single large hospital, as listed on the next page. It was found that in general, buses would come onto the site, close to the main building, to drop off and pick up passengers lithe facility was publicly owned, such as Riverside F:ldatalPtanningWikeMlWordlDev RevtevATemeada120041Temecu1aHosp doc County General Medical Center in Moreno Valley. For privately owned hospitals, like Kaiser or San Gorgonio, the transit stop was always off the property along a nearby street. Some examples of transit service and stops are: • .Kaiser Hospital In Riverside: 2 lines, with transit stops along Magnolia having multiple turnouts, benches and shelters, etc; • Loma Linda Hospital: 3 Ones, with transit stops at several locations on perimeter of complex and other nearby medical facilities such as the Veterans Hospital; • Riverside General: 3 lines, with transit center and bus turn -around on site, very close and convenient to main building; • Riverside Community: 2 lines, bus stops along Magnolia, off the property; • Corona Regional Med Ctr: 2 lines; bus stops along S Main St, off the property; • SL Bernardino Med Ctr: 3 lines, multiple bus stops along various perimeter sts Smaller hospitals such as Menifee Valley Med Ctr or the Inland Valley Regional Medical Ctr are not expected to be comparable to the planned Temecula facility upon its full build -out. RTA staff believes Riverside's Kaiser Hospital bus stop configuration would be most comparable with the future needs of the proposed Temecula facility, since the former also has several medical towers, doctor offices and a similar perimeter access road network. No on-site access for regular transit buses is anticipated at either site. To ensure safety and convenience of future transit operations at the Temecula Hospital, RTA is respectfully requesting the site plan or associated street engineering plans -be amended to include a two or three -bay bus stop and bus turnout located at: • North side of State Highway 79, on the far side (west of) the proposed signalized Intersection with Country Glen Wy and the primary hospital entrance. The stop's taper, or entrance area, should begin no closer than 50 feet from the end of the Intersection's radius and extend for no less than 220 ft to accommodate two parked buses. The exact position would depend on location of utility structures, commer- cial signs, street lighting, key landscaping and other factors. The minimum depth (i.e. width) of the turnout is 10 ft, however this may be reduced to 5 ft if a designa- ted, striped bike path is installed along this portion of State Highway 79. • Additionally, RTA requests the site plan specify another clear path of travel from the main building going directly out to the requested bus stop location. • RTA staff also requests that the protect proponents consider investing in some additional architectural amenities for the bus stop, Its benches and shelters by perhaps taldng this opportunity to make a positive visual statement at this site in the, interests of maintaining the community image of Temecula. Because this facility will be one of the most well-known and visited places in the city, its bus stop is deserving of a high-quality bench and shelter that are visually compatible and complimentary to the main building architectural theme. The applicant's architect or engineers are urged to contact RTA staff for further details. RTA staff will request the multi -bay bus turnout and the path of travel discussed above be made conditions of approval for cases 04-0462 and 040463. RTA staff will work with future developers of the eastbound bus stop site (across SR 79) to ensure it is comparable and compatible wfth the stop in front of the Hospital. INITIAL REVIEW INFORMATION - Review completed date: July 21, 2004. F data1PlaroiingliaeM.WoMlbev ReviewiTemeculal20041TemecuIaHosp.doc Rancho tel' Boud of Dito:tore John E. Soagtand President Gobs F. $o Sr. via Praaideat Stephen J. Coawta 6aipb a Daly Ben R. Drake Lira D. sermon John Y. Roost Officers: Brien J. Deady General Manager Phillip L. Padres Director of lrinaaA -Th wrrr EZ.'Solt Lessons Director of Botiaea(ns Paa711. Loaat Controller Linda M. Freon* Metric( eaa stsry/ddmtuha etw Bertha Efenater C. Michael Cowen Beat Boot do Krieger LLP Gew.e1 Coaaaaet July 12, 2004 Dan Long, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589 - 9033 SUBJECT: WATER AVAILABILITY, TEMECUL GIONAL HOSPITAL; PARCELS NO. 1, NO. 2, AND NO. 3 OF PARCEL MAP 13043; PARCEL 4 OF PARCEL MAP 6813; AND PARCELS NO. 1, NO. 2, NO. 3, AND NO. 4 OF PARCEL MAP 13734; APN 959-080-001 THROUGH APN 959-080-004, AND APN 959-080-007 THROUGH APN 959-080-010; PA04-0462 AND PA04-0463 Dear Mr. Long. Please be advised that the above -referenced property, is located within the boundaries of Rancho California Water . District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required; the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. All on-site public water facilities will require public utility easements in favor of RCWD. The project proposes to relocate RCWD's 12 -inch discharge pipeline and the associated easement from RCWD Well No. 120. This pipeline must be contained within a minimum 20 -foot -wide easement, which is located such that no permanent structures or trees are located within its boundaries. The projei t proponent should schedule a meeting with RCWD to confirm and detail these reguireme ts. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT lVlrc eel, G. Meyerpeter, P Development Engineering otvtgwcA c Laurie Williams. Engineering Services Supervisor Bud Tones, Engineering Project Coordinator Bonen*Ca9;ferara Rater DLfdct 42136W.oehaaterRoe& • Pod Office 8=9017 • Tlswaola.Cel 921398019 • Me 2964900•FAX (809)2866960 Temecula Planning Commission 41000 Main Street Temecula CA 92590 December 15, 2010 Re: PA10-0194, Major Modification Temecula Regional Hospital Development Plan, Residents' Concerns Chairman Carl Carey, Commissioners Pat Kight, Stanley Harter, John Telesio, Ron Guerriero: As a Temecula resident since 1994 whose home is within a quarter mile of the site of the future main building of the proposed hospital, I would like to share some concerns of myself and other nearby residents. Operating Noise: We have noted requirements to mitigate sirens and construction noise, as well as extensive requirements to aesthetically screen equipment and ladders. While this is all very good, one of our major concerns continues to be potential daily 24/7 operational noise from elevators, generators, air conditioners, loading dock truck traffic, and trash pick-up, items not specifically addressed in the modified plan supporting material. This is particularly worrisome to us as we note the modified plan moves the loading dock and service yard closer to nearby residences. Our preference would have been to move these facilities closer to Highway 79 South/Temecula Parkway. An alternate improvement would be to extend the 12 foot high wall surrounding the fuel tanks to screen the loading dock and service yard on its entire northern side except for its driveway entrance. De Portola Entrance/Exit: Even with the imposed turn restrictions, this access point threatens considerably increased traffic on narrow residential streets such as Pio Pico. Residents are particularly worried that three employee shifts per day will favor using this back entrance rather than dealing with traffic at the two Highway 79 South entrances to the hospital campus. The original agreement between the Los Ranchitos Home Owners Association and Southwest Healthcare was that there would be no De Portola access to the hospital property. If possible, the residents would like to see the De Portola access point entirely eliminated. Emergency Room Access from Main Highway 79 South entrance: While somewhat improved over the old plan, the route of a vehicle entering the hospital's main entrance from Highway 79 attempting to reach the Emergency Room is still circuitous. There should be a short open roadway connection from the main lobby entry (which is a straight shot from Highway 79 South) to the Emergency Room entry, thus eliminating the need to drive completely around Medical Office Building #1. Given that all of our preferences may not be possible, the nearby residents would like to see at least the following conditions included in the modified plan prior to project approval: 1. All major equipment (Elevator motors, Generators, Air Conditioning, etc., and soundproofing of same) must conform to latest and best standards for noise reduction such that noise from these sources is negligible at the property line. 2. Trash service and deliveries to the loading dock will be restricted to the hours of 8:00 AM to 6:00 PM. All vehicles providing these services will enter and leave the hospital grounds via the Highway 79 South/Temecula Parkway entrances only. 3. The De Portola access (if it remains in the plan) will be restricted to etnergency vehicles only. We believe proactive prevention of possible future problems will only improve the modified Regional Hospital plan, while also preserving the quality of life for the surrounding residents. Thank you for your consideration. Kenneth Ray 31647 Pio Pico Road Temecula CA 92592 951-302-1035 December 6, 2010 Temecula Planning Department 43200 Business Park Drive, Temecula, CA 92590 Subject: Public Hearing on Case Number PA10-0194 We are property owners in Temecula as well as active members in civic organizations of Temecula and want to give some comments on the progress, or lack of progress, on construction of the hospital for the city, referenced as Case Number PA10-0194. We have attended most of the public hearings and other meetings concerning this case. We have been impressed with the manner the Planning Commission has handles the debates and decisions on the Case. We are aware of the need for a hospital to serve the enlarged population within Temecula and in the surrounding county areas for which the city of Temecula has to provide infrastructure. I was informed by a member of the Temecula City Planning Department that the design had been approved and that the environmental impact statement had been approved. Early last year at a Public Hearing with the Hospital representatives, I heard the Mayor of Temecula tell the Hospital representatives that they should be moving out to begin construction. I recall October as the time agreed to that grading would begin. I want to urge the Temecula representatives at the Public Hearing on December 15, 2010 to demand a "start date" and if there is any impediment to meeting that date to report the problem for rectification. The citizens and commercial entities of Temecula deserve the respect to be given the facts. Temecula needs this hospital. Thank you for your ongoing excellent management of Case No. PA10-0194. Sincer Evelyn Lov - o is Lloyd R. Norris cc: P. Richardson .39/// ch/O¢/l,Pf-C % 'P- 7:841,Fel ,1 , d*/fve4/M . 92r9"2 C//Y 0{/A7C/Z T NL -0044 f f Sfl /70/e ✓ ---I1,-"Z4 4264 /�. 4e CO el4A44.4/ RECEIVED 2011 CITY MANAGER'S OFFICE ../44/ / /t/DT/C.±0 /Av ih`,E//' e i'- 7/1-497- CDovtit/S �•�, 704-=ei3OE 4& 567' /7 -4e -/2241-11r.670 fzO f, 7-.4 L /1/- � rLI�. Y' re' Wae;4• / /T/s- N T ��.ez-s. /e. �.y �y39 / �,�` rM z) S) /aT, 7,4,E . C•c��?i,�,C �Di!/v/T/ /32.41,(/ cs724, derS, C''e,e/ /C4- may. . ler A1�/2,/ /N/// exw,„ A 9sro/r s Gg, / f/or �0 77(4/-,(i2 7 7; f ,,26- CA-SLT. Lv/735( . �. rr. /4/cV..1.s.Zd-ro�aiof�� Cm�r,�rc. 0 4//2 ,°/(J2.4779// o� D.4X/z9 r V //Z 22Z 4/44/AC i Tfift G 2. / /l f/0eti /,5 /rl/ 9g4rt-i Lr2u/Y. £U . / AD, ,/,zie til' /61c .6i/C42L.e.ti r /WO/ f /X1,7,Y e{. ' L/P . 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A ,/ .5x/kCL .01771k- J ,a/T(Z C.O.- /A/or0 !U/!L A/D r O ' TA.- %D.B • /T %i ' ,4 /1✓lN- /3Q0lt/ T J 4 44- Antre jb .gib /T .(}/TH /'.l.&W y /Nrem Re /, !2 / -- ��-:l.(Drvf 4,1/0 Cox/P.wzavr D JD/X- /�.�1. /'srf— W-S/,.&=c/4ALCV: COUNCIL BUSINESS Item No. 18 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: February 8, 2011 SUBJECT: Community Development Block Grant Application Proposals for Fiscal Year 2011-12 PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council: 1. Approve the Community Development Block Grant (CDBG) Finance Committee funding recommendations for fiscal year 2011-12. 2. Authorize the Director of Finance to execute Sub -Recipient Agreements for2010-11 funding recipients and reprogram CDBG funds in accordance with the budget resolution for general administration of the fiscal year 2011-12 CDBG Funds. BACKGROUND: The CDBG program is a federal grant program administered by the Department of Housing and Urban Development (HUD) in which funding is allocated to the City annually through the Economic Development Agency of Riverside County (EDA). Over the past five years, CDBG funds have been used to fund the SAFE building, the Escallier House and Barn Renovation, as well as the design of the Old Town Gymnasium Project. In addition, over $250,000 has been awarded to local public service agencies to provide vital funding to support our local food banks, youth clothing services, health services, and after school care programs to the citizens of Temecula. The City's allocation for fiscal year 2011-12 is expected to be the same as the previous fiscal year: $385,285. According to CDBG regulations, only 15% of the total allocation can be allocated to Public Services. The remainder will be used for our public facility project, the Old Town Gymnasium. The City invited applications for funding from non-profit agencies who meet one of the following goals: 1. The project/activity benefits 51 % low/moderate income persons. 2. The project/activity aids in the prevention or elimination of slums or blight. 3. The activity meets an emergent community development need. A total of eight funding applications were submitted to the City for consideration and all were determined to be eligible for CDBG funding. As summarized in the following table, the Finance Committee is recommending a total expenditure of $57,793 for Public Services (which is 15% of last year's allocation), and $327,492 for Public Facilities. Fiscal Year 2010-11 CDBG ALLOCATION FUNDING CATEGORY FUNDING ALLOCATION Public Services (15% cap) $ 57,793 Public Facilities (Old Town Gymnasium) $ 327,492 Requested CDBG Allocation for FY 2010/11 $ 385,285 In the event that the City's allocation is reduced or increased, it is recommended that all projects be reduced or increased equally, according to the percentage in allocation reduction or increase. All projects are subject to final approval at a future Riverside County Board of Supervisors meeting. The EDA will submit a Supplemental Agreement to the City identifying the projects approved for funding in July, 2011. The Finance Committee, composed of Council Member Chuck Washington and Council Member Mike Naggar, met on January 28, 2011. After thorough review, the Finance Committee proposed CDBG funding for six public service organizations, and one City capital project, the Old Town Gymnasium. FISCAL IMPACT: The CDBG funds allocated to outside agencies have minimal impact on the City related to staff time to administer program requirements. ATTACHMENTS: Finance Committee Funding Recommendations for Fiscal Year 2011-12 CDBG Application Summary for Fiscal Year 2011-12 Funding Cycle Applications CITY OF TEMECULA FINANCE COMMITTEE FUNDING RECOMMENDATIONS CDBY FY 2011-12 PUBLIC SERVICES: FY 2010-11 Funding Request FY 2010-11 Funding Award * FY 2011-12 Funding Request FY 2011-12 Funding Recommendation Assistance League of Temecula Valley Operation School Bell 10,000 9,333 10,000 5,049 Boys & Girls Club of Southwest County The Learning Connection 30,000 0 30,000 7,549 CASA for Riverside County Advocacy for Abused Children 20,000 7,275 28,898 0 Riverside Area Rape Crisis Center Rape Prevention Education 5,000 0 5,000 0 Safe Alternatives For Everyone, Inc. Family Support Program 25,000 9,333 15,000 15,048 Senior Citizen Service Center Temecula Emergency Assistance Program 10,000 9,333 20,000 10,049 Temecula Murrieta Rescue Mission Emergency Food Program 30,000 9,333 15,000 10,049 VNW-Circle of Care Program 12,000 9,333 15,000 10,049 TOTAL PUBLIC SERVICES $142,000 $53,940 $138,898 $57,793 PUBLIC FACILITIES: Old Town Temecula Gymnasium $327,492 $331,346 $327,492 $327,492 TOTAL PUBLIC FACILITIES $327,492 $331,346 $327,492 $327,492 GRAND TOTAL $469,492 $385,285 $466,390 $385,285 NOTE: Public Service awards were reduced pro rata a total of $3,853 due to a one percent administration charge allocated to Public Facilities by the EDA. Public Facilities were, therefore, increased by $3,853. CITY OF TEMECULA CDBG APPLICATION SUMMARY FY 2011-12 FUNDING CYCLE AGENCY PROJECT FUNDING REQUEST PROJECT SUMMARY PURPOSE OF FUNDING Assistance League ofOperation Temecula Valley School Bell $ 10,000 Provision of clothing and supplies for children. clothing for children Boys & Girls Clubs of Southwest County The Learning Connection $ 30,000 Before and after school care for underserved youth. scholarships CASA for Riverside County Advocacy for abused, neglected and abandoned children $ 28,898 Recruit, train and supervise 15 community volunteers, salaries, benefits, supplies, and training Riverside Area Rape Crisis Center Rape Prevention Education $ 5,000 Support to rape victims including crisis intervention and advocacy. staff salaries and space costs Safe Alternatives for Everyone, Inc. Police Activities League Violence Prevention Program $ 15,000 Provision of services to at- risk youth to avoid violence and abuse. staff salaries for domestic violence advocates Senior Citizens Service Center Emergency Food $ 20,000 Provision of food and supplies to low-income families. rent, supplies, food, and utility costs Temecula Murrieta Rescue Mission Emergency Food $ 15,000 Provide bi-weekly food box distribution to low income and homeless clients food and staff salaries VNW Circle of Care Circle of Care Food Distribution Program $ 15,000 Provision of food and supplies to low-income families. rent, diesel fuel, equipment, etc. TOTAL PUBLIC SERVICES REQUESTS $ 138,898 City of Temecula Old Town Gymnasium $ 327,492 Public Facility design and construction TOTAL PUBLIC FACILITY REQUESTS $ 327,492 TOTAL FUNDING REQUESTS $ 466,390 Note: The EDA requires funding Public Service requests with a minimum of $10,000 cumulative between all agency CDBG funds. It is anticipated that the County will be funding all of the above applicants, except Circle of Care, Temecula/Murrieta Rescue Mission, and Senior Citizens Service Center, for fiscal year 2011-12. Therefore, at the Council's discretion, we may be able to award less than the standard $10,000 for the other applicants. Also of note, VNW Circle of Care and SAFE submitted their applications for funding after the City deadline. 1 EDA USEONLY PROPOSAL NUMBER REVIEWER DOCUMENT STAMP DATE RECEIVED: COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011- 2012 APPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency:Assistance League of Temecula Valley Location:28720 Via Montezuma City:Temecula Zip Code: 92592-2510 Mailing Address: 28720 Via Montezuma, Temecula, CA Zip Code: 92592 Telephone Number:951.694.8018 Fax Number:951.694.8298 Executive Director: Electra Demos, President Telephone Number: 951.694.8018 E-mail:altemecula@yahoo.com Program Manager:Judy Wehrs, Operation School Bell, Chairman Telephone Number: 951.694.6594 Address (If different from above): Same as above Grant Writer:Ann Reese, Grant Writer Telephone Number: 951.304.3549 E-mail:altemecula@yahoo.com E-mail: Channreesl@verizon.net H. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization) Date Organization founded: 1989 Date Organization incorporated as a non-profit organization: June 15, 1989 Federal identification number: 33-0360419 State identification number:1463456 Number of paid staff: None Number of volunteers: 201 ATTACH: Current Board of Directors (Label as Attachment LA) Articles of Incorporation and By -Laws (Label as Attachment LB) 1 A 1 1 M. PROJECT ACTIVITY: CDBG Funds Requested: $ 10,000.00 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment II Project Activity) Countywide (check if project will serve multiple districts and/or cities). City (ies): Lake Elsinore, Murrieta, Temecula Community (ies): Menifee, Wildomar Regions: unincorporated areas of Southwest Riverside County Other: What Supervisorial District does the activity occur within? Districts I, HI NOTE: EDA will make the final determination of the appropriate service area of all proposals. Check ONLY the applicable category your application represents. O Real Property Acquisition ® Public Service 0 Housing ❑ Rehabilitation/Preservation (please provide picture of structure) ❑ Public Facilities Improvements (construction) ❑ Other: (provide description) W. PROJECT NARRATIVE: A. Name of Project: Operation School Bell Specific Location of Project (include street address; if a street address has not been assigned provide APN) Street: 28720 Via Montezuma City:Temecula Zip Code: 92590 APN: Attach maps of proposed project(s) location and service area. 1 B. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary —Attachment III Project Description) Operation School Bell, one of Assistance League's main philanthropic programs provides new school clothing including school supplies, backpacks and hygiene items. Refer to Attachment III Project Description for additional information. C. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): Scholarship program form as provided to us is used for our clients. Clothing provided: 3 pairs of pants, 3 shirts, tennis shoes, 6 pairs of socks and underwear, hoodie sweatshirt, backpack filled with school supplies and hygiene kit, at a cost of $100. per child. D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: 1,500 school children in four school districts NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activities or service (weeks, months, year):Aug. 2011 -Mar. 2012 Unduplicated number of clients/persons projected to serve (e.g., 25 clients, 50 seniors): 140 Units of service (Example: 25 clients x 10 visits = 250 units of service):one Service will be provided to (check one or more): 0 Men 0 Women ® Children 0 Men/Women Range of children's ages:5 through 13 ❑ Men/Women/Children ❑ Families 0 Seniors 0 Severely Disabled Adults ❑ Migrant Farm Workers 0 Homeless Number of beds of facility: N/A Anticipated number of "new" beds: N/A Length of stay (if residential facility): N/A E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meet these goals and objectives (measures should be both qualitative and quantitative)? Operation School Bell Committee's goal is to reach those children in need. Evaluation of the program is done internally and externally yearly. F. Discuss how this project directly benefits low- and moderate- income residents. Benefits are provided under HUD qualified guidelines. G. Respond to A & B only if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes 9 No 111 (b) If service is not new, will the existing public service activity level be substantially increased or improved? Yes. Expansion discussed in Project Narrative. H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? Establishing partnerships with department stores in cities served. Presently, Kohl employees volunteer monthy at our site assisting in Operation School Bell. Invitations to individuals and companies are extended from Assistance League Public Relations Chairman. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? We have been active in Temecula Valley since 1989 serving 4 school districts. For our fiscal year ending May 31, 2010, our members volunteered 27,486 hours. These volunteer hours help fund our philanthropic programs and operate our main fundraiser, the resale store. V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: CATEGORY I: Benefit to low -moderate income persons (must be documented). Please choose either subcategory A, B, or C. A. Area Benefit: N/A The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT BG CT BG CT BG CT BG CT BG CT BG # Total population in Census Tract(s) / block group(s) # Total low -moderate population in Census Tract(s) / block group(s) B. Limited Clientele: Yes. The project serves clientele that will provide documentation of their family size, income, and ethnicity. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low -moderate income persons. Parents of clients complete self -certification public service clientele forms with required proof of income. Refer to our attachment herein. Copies are kept in a secure file. C. Clientele presumed to be principally low- and moderate -income persons:N/A The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. 1 The activity will benefit (check one or more) ❑ Abused children 0 Battered spouses 0 Elderly persons ❑ Severely disabled adults ❑. Homeless persons 0 Illiterate adults ❑ Persons living with AIDS ❑ Migrant Farm workers Describe your clientele to be served by the activity. We use 100% of funds allotted to us from Riverside County CDBG to clothe children from Districts I and III. CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? Yes 0 No If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label as Attachments: IV Category 2, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label as Attachments: V Category 3, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. VL FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2011. If your proposed CDBG- funded activity will start on a date other than July 1, 2011, please indicate starting date. If these budget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: The Valley Senior Center is requesting funding of a new Senior Nutritional Program. The total cost of the program is $15,000. A total of $10,000 in CDBG funds is being requested for operating expenses associated with the proposed activity. Other non-CDBG funding will be used to pay pick-up the remaining costs for the program). I. Personnel A. Salaries & Wages B. Fringe Benefits Q TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED $0 $0 1 1 C. Consumable Supplies $ $ D. Travel $: $ E. Telephone $ $ F. Other Costs $ $ SUB -TOTAL: $O SO III. Architectural/Engineering Design $ $ IV. Acquisition of Real Property $ $. V. Construction/Rehabilitation $ VI. Indirect Costs $ $ TOTAL: $O SO B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI -A, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Funding Source Amount Requested Date Available Type of Commitment Murrieta — CDBG $10,000 July 1, 2011 Operation School Bell Temecula-CDBG 10,000 July 1, 2011 Operation School Bell Lake Elsinore 10,000 July 1, 2011 Operation School Bell Riverside County 50,000 July 1, 2011 Operation School Bell C. Provide a summary by line item of your organization's previous year's income and expense statement (Attachment VI -B, Exhibits 1, 2, etc.). See attached. 0 1 1 D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes ® No If yes, identify sources and indicate outcome. Cities of Lake Elsinore, Murrieta and Temecula: $10,000 each. If no, please explain E. Was this project previously funded with CDBG funds? Yes ® No 0 If yes, when? Funds awarded June 3, 2010 Is this activity a continuation of a previously funded (CDBG) project? Yes ® No 0 If yes, explain: CDBG Funds: Yes: Funds awarded $5,000 from Third District; $8,917 from Murrieta; Temecula $9,333. VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source Activity Year Allocation Amount Expended Third District Operation School Bell 2010 $5,000. $5,000. Murrieta Operation School Bell 2010 $8,917 $8,917 Temecula Operation School Bell 2010 $9,333 $9,333 B. Management Systems Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? Yes, we have written/adopted management systems, financial systems, policies and procedures, and Bylaws. We are the 81' chapter of National Assistance League and operate under National's policies and rules. C. Capacity: in 1 1 Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII -A, Exhibits I, 2, etc.). Refer to Attachment VH -A D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE START DATE COMPLETION DATE Clothe students August 2011 March 2012 Bag up program for schools September 2011: May 2012 11 1 APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): 1. The information contained in the project application is complete and accurate. 2. The applicant. agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. S 3. The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of local, (NON-CDBG) fmancial support for community development activities. 4. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its M. economic life. 5. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. 6. On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). DATE: Signature: 2010 Print Name/Title Authorized Representative: Electra Demos, President 11 Assistance League® of Temecula Valley Special 2010/2011 Board Meeting September 21, 2010 "Caring and Commitment in Action" President Electra Demos called the special 2010/2011 Board meeting to order at 12:00 p.m. at the chapter house. Brenda Hamilton, Secretary, was present. Board members present: Electra Demos, Barbara Miller, Georgia Reece, Brenda Hamilton, Sally Haserot, Ginny Wetzel, Leticia Plummer, Margo Doski, Annette Sheehy, Kathy Laurin, Diana Elizondo, Board members absent: Rita O'Neill, Sumru Vance Officers' Reports: Vice President Resource Development: Georgia Reece MOTION 09/07/10 Georgia Reece, by direction of the Resource Development Committee, moved that Assistance League of Temecula Valley apply for the following CDBG grants for the fiscal year 2011/2012 grant cycle. County of Riverside $50,000 City of Murrieta $10,000 City of Temecula $10,000 City of Lake Elsinore $10,000 City of Menifee $10,000 City of Wildomar $10,000 The motion was ADOPTED. There was no further business, President Electra Demos adjourned the meeting at 12:02 p.m. Electra Demos, President Dated 9 / % / b Brenda Hamilto Dated CURRENT BOARD OF DIRECTORS ATTACHMENT I.A ASSISTANCE LEAGUE® OF TEMECULA VALLEY BOARD AND ELECTED COMMITTEES OFFICERS/EXECUTIVE BOARD President Vice President Membership Vice President Philanthropic Programs Vice President Resource Development Secretary Treasurer Assisteens® Coordinator Bylaws Chapter House Manager Education Finance Public Relations Strategic Planning Electra Demos Rita O'Neill Barbara Miller Georgia Reece Brenda Hamilton Ginny Wetzel Elected Standing Committtees Leticia Plummer Sally Haserot Margo Doski Annette Sheehy Kathy Laurin Sumru Vance Diana Elizondo ASSISTANCE LEAGUE® OF TEMECULA VALLEY Board of Directors Electra Demos: Member since 1999. Current President. Retired Business Education/Social Science Teacher, and Past President of the California Business Education Association San Diego Section. Positions held in this organization: Past President, Vice President- Membership, Secretary, Education Chairman and Public Relations Chairman. Past member of Board of Trustees, Arts Council of Temecula Valley, Volunteer Chair, Susan G. Komen Breast Cancer Foundation Inaugural Race for the Cure, Temecula 1999. Rita O'Neill: Member since 2001. Current First Vice President -Membership. Retired substitute elementary school teacher. Positions held in this organization: Hospitality Chairman, Scholarship Chairman, Vice President -Resource Development, Orientation Chairman, and Secretary. Barbara Miller: Member since 1997. Current Second Vice President, Philanthropic Programs. Formerly, employed as Geological Cartographer at geotechnical firms in Los Angeles area. Positions held in this organization: Resale store Toy Dept., Assisteens Committee, Operation School Bell® Buyer, and Hospitality Chairman. Founder and Chair of Temecula Valley Cotillion. Georgia Reece: Member since 2005. Current Third Vice President, Resource Development. Retired Business Owner. Positions held in this organization: Operation School Bell Buyer, Resale Store Manager, and committee member for Scholarships. Brenda Hamilton: Member since 2004. Current Secretary. Current Substitute Teacher, Temecula Valley Unified School District. Positions held in this organization: Public Relations Chairman, Grants Writer. Ginny Wetzel: Member since 2007. Current Treasurer. Retired Insurance Agent and in Medical Equipment Sales. Positions held in this organization: Assistant Treasurer. Elective Standing Committees Sally Haserot: Member since 1998. Current Bylaws Chairman. Work experience: Vice President Branch Manager, Mortgage Banker. Positions held in this organization: Past President, Treasurer, Recording Secretary, Orientation, Historian, Advisor, Strategic Planning Chairman, and Membership. Margo Doski: Member since 2001. Current Chapter House Manager. Retired Teacher. Positions held in this organization: Thrift Shop Co -Chairman, Thrift Shop Scheduler, Hospitality, and Membership. Kathy Laurin: Member since 2000. Current Finance Chairman. Retired Sales. Positions held in this organization: Treasurer, President, and Resale Store Manager. Served on committees: Strategic Planning, Membership, Hospitality and Resource Development. 1 Leticia Plummer. Charter member since 1989. Current Assisteens® Coordinator. Work experience: Real Estate Sales. Past President, Resale Store Manager, Newsletter Editor, Public Relations, Parliamentarian, Hospitality, Historian. Appointive Standing Committees Suzanne Dechert: Member since 2006. Current Scholarship Chairman. Retired Teacher from Temecula Valley Unified School District. Positions held in this organization: Historian, Committee member on Liaison to Auxiliaries, Public Relations. Member of Temecula Historical Society and volunteer at Temecula Paula Library Book Store. Linda Smith: Member since 2005. Business Owner. Current Personal Rewards of Service (PROS) Chairman. Trudy Lenz: Member since 1998. Current Kids on the Block® Chairman. Positions held in this organization: Chapter House Manager, Public Relations Chairman, Sunshine, and Orientation Chairman, Committee member of: Scholarship, Hospitality, Kids on the Block puppeteer. Kathy Truitt: Member since 2010. Retired Dental Hygienist. Current Project: SMILE chairman. HOSPICE volunteer. 2 ARTICLES OF INCORPORATION AND BYLAWS ATTACHMENT I.B CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION LA DONNA JIMENEZ AND BETTY THOMPSON certify that: 1. They are the president and the secretary, respectively, of Assistance Guild of Temecula Valley, a California Nonprofit Public Benefit Corporation. 4417175 ,.E 1n the office of thc , of the SitaofCalrfomla{ St to APR 1 3 1992 M%RCHfONCU,SecrataryoiSiata 2. Article 1 NAME of the articles of incorporation of this corporation is amended to read as follows: The name of the corporation is ASSISTANCE LEAGUE OF TEMECULA VALLEY. 3. The foregoing amendment of articles of incorporation has been duly approved by the board of directors. 4. The foregoing amendment of articles of incorporation has been duly approved by the required vote of members. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: April 8, 1992 LA DONNA JIM .�faTA� President 410-07. BETTY THOMPSO►,/, Secretary NONPROFIT VALLEY. 1463456 ENDORSE PILED in the alike of the Secre"c; of ARTICLES OF INCORPORATION of the State of CoLfo,nia -OF- ASSISTANCE GUILD OF TEMECULA VALLEY J U N 1 5 1989 A California Nonprofit Public Benefit Corporation MARCH TONG EU, Secretary I. NAME The name of the corporation is ASSISTANCE GUILD OF TEMECULA II. PURPOSES A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. B. The specific purpose of this corporation is to carry on a program of philantropic work in the community and to control and administer at least one major philanthropic project. III. INITIAL AGENT FOR SERVICE OF PROCESS The name and address in the State of California of this corporation's initial agent of the corporation for service of process is: MARJORIE B. BARNUM, 46569 El Viento Seco Drive, Temecula, CA. 92390 IV. LIMITATION ON CORPORATE ACTIVITIES A. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501 (c)(3) of the Internal Revenue Code or the corresponding provisions of any future United States Internal Revenue Law. Notwithstanding any other provision of these articles, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes of this corporation, and the corporation shall not carry on any other activities not permitted to be carried (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue Law, or (b) bya corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue Law. B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or 1 intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. V. DEDICATION AND DISSOLUTION The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501 (c)(3) of the Internal Revenue Code (or the corresponding provision of any future United States Internal Revenue law). The organization shall be National Assistance League, if it qualifies as a distributee under the provisions of this Article. IN WITNESS WHEREOF, the undersigned, being the Incorporator of ASSISTANCE GUILD OF TEMECULA VALLEY has executed these Articles of Incorporation this /9- day of June, 1989. INCORPORATOR THOMAS S. HUNTINGTON I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which execution is my act and deed. THOMAS S. INTINGTON 2 National Assistance League® 5627 Fernwood Ave., Los Angeles. California 90028 (213) 469-5897 FAX 213-469-0669 Founded 1935 Incorporated 1949 Reviewed October 1991 CHANGE OF STATUS FORM (ORGANIZERS MATERIAL ONLY) * s * I, Jo Stewart , Guild Counselor, do hereby declare that ASSISTANCE GUILD OF Temecula Valley has successfully completed the requirements necessary for chapter status and has my approval to make application to the National Board. The guild membership voted to make application for chapter status on February 4, 1992 Signed��-1 Date Feb nary 4, 1992 Statef California OFFICE OF THE SECRETARY OF STATE CORPORATION DIVISION I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: That the an the cor pu nexed transcript has been compared with porate record on file in this office, of which it rports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this APR 2 3 i2.72 Secretary of State 4 Stcrtef California OFFICE OF THE SECRETARY OF STATE CORPORATION DIVISION I, MARCH FONG E U, Secretary of State of the State of California, hereby certify: That the a the co nnexed transcript has been compared with porate record on file in this office, of which it urports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this JUN 19 1989 q7ALI Secretary of State SEC/STATE FORM CE -107 86 40888 Revised April 2010 BYLAWS OF ASSISTANCE LEAGUE® OF TEMECULA VALLEY a nonprofit public benefit corporation Article 1 Name and Headquarters 1.01 Name. The name of this corporation is Assistance League of Temecula Valley, a chartered chapter of National Assistance League. 1.02 Principal Office. The principal office for the transaction of business of this organization is hereby fixed and located at 28720 Via Montezuma, Temecula, CA 92590-2510. Article 2 Purpose and Policies 2.01 Purpose. The purpose of this organization shall be as stated in its Articles of Incorporation: to administer, carry on and control at least one program of philanthropic work in the community. 2.02 Policies. (a) This organization is a tax-exempt, charitable corporation, exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law), and shall be nonprofit, nonsectarian and nonpolitical in all its policies and activities and not organized for the private gain of any individual or entity. (b) This organization shall not carry on any other activities not permitted to be carried on by an organization exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law), or by corporation contributions which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law). (c) This organization shall provide in its Articles of Incorporation that its income, assets and property are irrevocably dedicated to charitable purposes and no part of the net income, assets or property of the chapter shall ever inure to the benefit of any member thereof, or to the benefit of any private persons. (d) Upon the dissolution and winding up of this organization, after paying or adequately providing for the debts and obligations of the organization, the remaining assets shall be distributed to a nonprofit fund, foundation or corporation organized and operated exclusively for the purposes specified in Section 501(c)(3) of the Internal Revenue Code and which has established its tax-exempt status under that section. (e) No substantial part of the activities of this organization shall consist of the carrying on of propaganda, or otherwise attempting to influence legislation, nor shall the organization participate or intervene in any political campaign including publishing or distribution of statements on behalf of or in opposition to any candidate for public office. (f) This organization shall be subject to the following limitations and restrictions: (1) This organization shall distribute its income for each taxable year at a time and in manner that will not subject the corporation to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code of 1986. (2) This organization shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code of 1986. This organization shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code of 1986. (4) This organization shall not make any investments that will subject it to tax under Section 4944 of the Internal Revenue Code of 1986. (5) This organization shall not make any taxable expenditure as defined in Section 4945(d) of the Internal Revenue Code of 1986. (g) This organization shall support the purpose of National Assistance League and comply with its laws, policies, procedures and standards. (3) 4.08 Special Meetings. Special meetings of the Board may be called by the President and shall be called upon the written request of five (5) members of the Board, provided notice of such special meetings shall have been given to each Board member at least three (3) days prior thereto. 4.09 Quorum. A majority of the Board shall constitute a quorum. 4.10 Vacancies. Vacancies on the Board, except in the office of President, shall be filled by majority vote of the Board. The office of President shall be filled by the First Vice President, and the Board shall fill the vacancy thus created. 4.11 Executive Committee. The Executive Committee shall be composed of the officers of the Board. This committee shall have the power of the Board between meetings of the Board. Four (4) members shall constitute a quorum. The Parliamentarian shall attend Executive Committee meetings in a nonvoting capacity. Article 5 Nominations and Elections 5.01 Nominating Committee. (a) At the December Board meeting, two (2) members and one (1) alternate shall be elected by and from the Board. Members must be present to accept nomination. (b) In January, three (3) members and one (1) alternate shall be elected by, and from, the voting membership. Members must be present to accept nomination. (c) The chairman and vice-chairman shall be elected by, and from, the Nominating Committee. (d) No member shall be eligible to serve two (2) consecutive years. (e) A one (1) year Active membership in good standing is required to serve on the Nominating Committee. (f) The Secretary shall call the first meeting of the Nominating Committee. 5.02 Slate. In March, the Nominating Committee shall submit its slate of nominees for offices on the Board. These offices are: President, First Vice President, Second Vice President, Third Vice President, Secretary, Treasurer, Education, Chapter House Manager, Liaison to Auxiliaries. The committee shall also submit its nominees for delegates to the annual and special meetings of National Assistance League. 5.03 Notice. The committee chairman shall submit a copy of the slate of nominees to the Secretary and to each voting member at least one (1) month prior to the election meeting or at the previous regular meeting. 5.04 Petition Process. Ten percent (10%) or more of chapter members eligible to vote may nominate, by signed petition, an additional nominee for an office on the Board, or for a delegate or alternate by mailing such petition together with the written consent of the nominee to the Secretary at least ten (10) days prior to the election meeting. No member shall sign more than one (1) nominating petition in a year. 5.05 Election Meeting. The Board shall be elected at the election meeting in April. 5.06 Voting. Elections shall be by voice vote, except when a nominating petition shall have been received, in which event the vote for the contested office shall be by ballot. Article 6 Officers and Their Duties 6.01 President. The President shall: (a) Be chief executive officer of the corporation; (b) Preside at meetings of the Board and membership; (c) Appoint special committees by direction of the Board or membership; (d) Appoint a Parliamentarian; (e) Appoint, with board approval, an Assistant Treasurer; (f) Be a delegate to the Annual Meeting of National Assistance League; (g) Sign legal documents with the Secretary; (h) Be authorized to sign checks with the Treasurer, First Vice President and Secretary; (i) Be authorized to sign auxiliary checks with the Treasurer and Liaison to Auxiliaries; (j) Be ex-officio member of all committees except the Nominating Committee; (k) Present an annual report of corporate activities to the membership; (I) Submit to the national office the annual report of corporate activities within thirty (30) days following the corporation's annual meeting; and 3 (e) (f) (9) Be authorized to sign checks with the President, First Vice President, and Treasurer; Conduct the correspondence of the chapter at the direction of the Board; Maintain a file of communications received and copies of letters sent; (h) Maintain a current list, supplied by the Membership Chairman, of the names, addresses, and classifications of the members; (i) Immediately notify the national office when an auxiliary is certified or dissolved; and (j) Call the first meeting of the Nominating Committee; (k) All other duties specified in the secretary's procedure book. 6.05 Treasurer. The Treasurer shall: (a) Be chief financial officer of the corporation; (b) Be a member of the Budget/Finance Committee and the Strategic Planning Committee; (c) Be responsible for the collection and disbursement of funds; (d) Be responsible for the financial records of the corporation; (e) Be authorized to sign checks with the President and First Vice President and Secretary; (f) Be authorized to sign auxiliary checks with the President and Assisteens Coordinator; (g) Be responsible for the -filing of required tax forms; (h) Be, ex officio, a member of all committees with a budget. (i) Submit to the national office per capita dues including auxiliaries to arrive at the national office on or before June 1; (j) Submit to the National office within four and one-half (4%) months following the end of the fiscal year the required documents in compliance with National Policies for Chapters; (k) Maintain custody of chapter funds and deposit same in banks designated by the Board; and (I) All other duties specified in the treasurer's procedure book. Article 7 Indemnification 7.01 Indemnification of Officers, Directors, Employees and Agents. The corporation shall have the power to indemnify any person who is or was a director, officer, member, employee or other agent of this corporation against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative to the fullest extent allowed under California law, as that law now exists or may hereafter from time to time be amended or changed. The corporation shall have power to purchase and maintain insurance on behalf of any director, officer, member, employee or other agent against any liability asserted against or incurred by such person in such capacity of arising out of such person's status as such whether or not the corporation would have power to indemnify such person against such liability under these bylaws. 7.02 Indemnification of National Assistance League. The chapter agrees to defend and indemnify and hold National Assistance League, and its officers, directors, members, employees and agents (collectively, "National Assistance League Indemnified Parties") harmless against any charges, damages, costs and expenses (including reasonable attorney's fees and court costs), liability or loss which any National Assistance League Indemnified Party may suffer, sustain or become subject to as a result of or arising out of any action or inaction of such chapter. In any action or proceeding relating to the foregoing indemnity, and brought against any National Assistance League Indemnified Party, the National Assistance League Indemnified Party shall have the right to (a) participate in the defense of such action or proceeding with attorneys of its own choosing or (b) defend itself in any action or proceeding with attorneys of its own choosing. Article 8 Standing and Special Committees 8.01 Committee Appointments. Unless otherwise provided in these bylaws, members of each committee shall be appointed by the committee chairman with approval of the Board. 8.02 Elective Standing Committees. (a) Membership. The First Vice President shall be the chairman of the Membership Committee. The committee shall be composed of the Historian, Hospitality Chair, Placement/Hours Chair, Sunshine Chair, Thrift Shop Scheduling Chair, Education Chair, Orientation Chair, immediate past president, Treasurer and or Finance Chair, Assisteens Coordinator and additional members as needed who may attend to areas of responsibility assigned to the committee. 5 (i) Membership Chairman, Newsletter Editor, Public Relations Chairman, Assisteens Coordinator, Treasurer and or Finance Chair and additional members as needed who may attend to areas of responsibility assigned to the committee. This committee shall be responsible for the education and training of the new Active members and shall keep the Orientation Handbook current. The committee shall establish training and education programs for the Board, committee chairmen, membership and maintain resource information and materials for member use. The chairman shall serve on the Membership, Strategic Planning, Bylaws and Budget/Finance Committees. The chair and committee shall fulfill all other duties specified in the education procedure book. Public Relations. The Public Relations Chairman shall be chairman of this committee. The Public Relations Chair will appoint, with Board approval, the Newsletter Editor and Web Site Administrator. The committee shall be composed of the Newsletter Editor, Web Site Administrator, Treasurer and or Finance Chair and additional members as needed who may attend to areas of responsibility assigned to the committee. This committee shall release press and media notices of the chapter and shall adhere to the established policies of this chapter and those established by National. This committee shall keep a press book of published releases. The chairman shall serve on the Education, Resource Development and Budget/Finance Committees. The chair and committee shall fulfill all other duties specified in the public relations procedure book. (j) Strategic Planning. The Strategic Planning Chairman shall be chairman of this committee. This committee shall include two (2) Past -Presidents, the Finance Chair, Treasurer, Assistant Treasurer, Philanthropic Programs Chair, Membership Chair, Education Chair and two (2) additional members. Two (2) members shall serve two (2) consecutive terms on a rotation basis. This committee shall facilitate the development of a strategic plan to ensure achievement of the chapter's vision and mission. The committee shall oversee monitoring and evaluation of the plan on an ongoing basis and make recommendations to the Board. The chair and committee shall fulfill all other duties specified in the strategic planning procedure book. 8.03 Appointive Standing Committees. (a) Assistant Treasurer. The Assistant Treasurer shall be appointed by the President. In the absence or inability to act of the treasurer, the Assistant Treasurer may perform all the duties and exercise all the powers of the treasurer. Shall serve on the Budget/Finance Committee, Assisteens Committee and the Strategic Planning Committee. The assistant treasurer shall fulfill all other duties specified in the assistant treasurer procedure book. (b) Circle Representative, The Circle Representative shall be appointed, with Board approval, by the Education Chair. She shall serve on the Education Committee. The Circle Representative shall understand the purpose and value of Circle and support the goals and initiatives of the annual Circle campaign. She shall represent and obtain donations to Circle. The Circle Representative shall fulfill all other duties specified in the Circle Representative procedure book. (c) Grants. The Grants Chair shall be appointed, with Board approval, by the Resource and Development Chair. The Grants Chair shall serve on the Resource Development Committee and the Budget/Finance Committee. The committee shall include the Treasurer and or Finance Chair, Philanthropic Programs Chairman, Operation School Bell Chairman, Resource Development Chair and additional members as needed who may attend to areas of responsibility assigned to the committee. The committee shall be responsible for researching, identifying and submitting grants necessary to meet requirements of the budget. The chair and committee shall fulfill all other duties specified in the grants procedure book. (d) Heart and Hand. The Heart and Hand Chair will be appointed, with Board approval, by the Philanthropic Programs Chair. The chair shall serve on the Philanthropic Programs Committee and the Budget/Finance Committee. The committee shall be composed of the Philanthropic Chair, Treasurer and additional members as needed who may attend to areas of responsibility assigned to the committee. The committee will receive and analyze referrals from the membership, Philanthropic Programs, local agencies, individuals or school districts, and may collaborate with another organization on these specific activities. The activities 7 members needed who may attend to areas of responsibility assigned to the committee. The chairman shall serve on the Philanthropic Programs Committee, Grants Committee and Budget/Finance Committee. The chair and committee shall fulfill all other duties specified in the Operation School Bell procedure book. (m) Orientation. The Orientation Chair shall be appointed, with Board approval, by the Education Chair. The chair shall serve on the Education Committee and Membership Committee. The committee shall be composed of the Education Chair and additional members as needed who may attend to areas of responsibility assigned to the committee. The committee shall educate and train new members using National Assistance League® Guidelines for New Member Orientation and other resources provided by the National Education Committee and chapter resources. The chair and committee shall fulfill all other duties specified in the Orientation procedure book. (n) Parliamentarian. The Parliamentarian shall be appointed, with Board approval, by the president. The Parliamentarian shall serve on the Bylaws Committee. The Parliamentarian shall advise the presiding officer of a meeting on matters of parliamentary procedure and confer with the president as needed. The Parliamentarian shall fulfill all other duties specified in the Parliamentarian procedure book. (o) Placement and Hours. The Placement and Hours Chairman shall be appointed, with Board approval, by the Membership Chair. The committee shall be composed of the necessary members needed who may attend to areas of responsibility assigned to the committee. This committee shall record membership participation and hours served. The chairman shall serve on the Membership Committee. The chair shall fulfill all other duties specified in the Placement and Hours procedure book. (p) Project: SMILE. The Project: SMILE Chairman shall be appointed, with Board approval, by the Philanthropic Programs Chair. The committee shall be composed of the necessary members needed who may attend to areas of responsibility assigned to the committee. This committee shall plan and put into execution Project: SMILE. The chairman shall on the Philanthropic Programs Committee and the Budget/Finance Committee. The Project: SMILE chair shall fulfill all other duties specified in the Project: SMILE procedure book. (q) Scholarship Chairman. The Scholarship Chairman shall be appointed, with Board approval, by the Philanthropic Programs Chair. The committee shall be composed of the necessary members needed who may attend to areas of responsibility assigned to the committee. The chairman and committee shall plan and execute scholarship needs. The chairman shall serve on the Philanthropic Programs Committee and Budget/Finance Committee. The Scholarship Chair shall fulfill all other duties specified in the scholarship procedure book. (r) Sunshine. The Sunshine Chair shall be appointed, with Board Approval, by the Membership Chair. The committee shall be composed of the Membership Chair and necessary members needed who may attend to areas of responsibility assigned to the committee. The Sunshine Chair shall serve on the Membership Committee and Budget/Finance Committee. The Sunshine Chair shall conduct all social correspondence of the chapter. The Sunshine chair shall fulfill all other duties specified in the Sunshine procedure book. (s) Thrift Shop. The Thrift Shop Chairman shall be appointed, with Board approval, by the Resource Development Chair. The committee shall be composed of the necessary members needed who may attend to areas of responsibility assigned to the committee. This committee shall be responsible for the operation of the thrift shop and recommend policies for its operation subject to the approval of the Board and membership. The chairman shall be a member of the Resource Development and Budget/Finance Committee. The Thrift Shop chair shall fulfill all other duties specified in the Thrift Shop procedure book. (t) Thrift Shop Scheduling. The Scheduling Chair shall be appointed, with Board approval, by the Membership Chair. The chair shall serve on the Membership Committee. The Scheduling Chairman shall be responsible for preparing the monthly thrift shop work schedule and recording absences and substitutions. A daily worker who is absent and fails to arrange a substitute for duty in the shop shall be notified by the Scheduling Chairman. The Thrift Shop Scheduling chair shall fulfill all other duties specified in the Sunshine procedure book. 8,04 Special Committees. By direction of the Board or membership, the President shall appoint special committees. 9 11.06 Proposed Expenditures. Proposed expenditures of unbudgeted funds in excess of two hundred fifty dollars ($250.00) shall be presented to the Board and membership for approval. 11.07 Fundraising. The corporation shall plan fundraising events and activities in compliance with National Policies for Chapters. 11.08 Property. The corporation may raise funds to purchase or rent property to house a program or activity, which funds shall become part of its philanthropic program. 11.09 Fundraising Agent. The corporation shall not act as a fundraising agent for individuals or other organizations. 11.10 The chapter shall carry adequate insurance to protect assets and cover liabilities. 11.11 The chapter shall plan all fund raising events given for the benefit of its philanthropic programs in such manner that the total expenditure shall be less than thirty-five (35%) percent of the total receipts. 11.12 A vote on any philanthropic program or fundraising activity in which members shall have a service or financial obligation shall be taken only after approval and recommendation of the Board. The vote shall be taken by ballot and requires a two-thirds (2/3) vote of the voting members present. Article 12 Auxiliaries 12.01 Formation. The chapter may form auxiliaries. Auxiliaries shall support chapter projects and activities. 12.02 Operation. (a) For administrative purposes, auxiliaries shall have their own governing body. (b) They shall be governed by the bylaws of the corporation. Their policies and standards shall be consistent with the policies, procedures and standards of National Assistance League and the chapter. (c) The auxiliary shall establish Policies for Auxiliary Organization. These policies shall set forth procedures to: 1) Nominate and elect members of the governing body; 2) Conduct governing body meetings; 3) Establish and operate committees; 4) Conduct meetings of the membership; and 5) Ensure fiscal compliance. (d) Policies for Auxiliary Organization, and any proposed amendments thereto, shall be written by the auxiliary and submitted to the chapter Board for approval prior to a vote of the auxiliary membership. (e) Adoption of Policies for Auxiliary Organization and any amendments thereto, by the auxiliary, shall be by majority vote of the members of the auxiliary. (f) A current copy of Policies for Auxiliary Organization shall be kept on file with the chapter Secretary. 12.03 Organization. An auxiliary name shall identify the auxiliary as an auxiliary of the chapter. Each auxiliary shall have a voting representative on the Board, elected by and from the auxiliary, or the Chapter Liaison to Auxiliaries shall be the voting representative. 12.04 Assisteens Auxiliary. The use of the name "Assisteens Auxiliary" shall be approved by the National Board, and it shall include the words, "an auxiliary of Assistance League of Temecula Valley." Members may be in seventh (7th) through twelfth (12th) grades. It shall be represented on the Board by the Assisteens Coordinator. The Assisteens Coordinator shall be, ex officio, a member of the Assisteens governing body. 12.05 PROS Auxiliary. The purpose of this auxiliary shall be to give volunteer service in chapter philanthropic programs and/or fund raising activities or to establish with chapter approval, a new philanthropic program and/or fund raising activity to be administered by the auxiliary. Members shall be employed or a student. There shall be a minimum of twenty (20) members. Article 13 Advisory Board 13.01 Advisory Board. Advisory Board members shall be called upon as needed from the chapter. The Advisory Board shall be made up of members of the community, including an attorney, as well as past presidents of the chapter. 11 Operation School Bell Who are our Customers ? 2009 - 2010 They are Boys and GirIs1. 1st Dressing Boys ■Girls 2nd Dressing Boys Girls Of All School Ages 334 31 710 Kids per Grade 301 126 Head Start / PreSchool /First Five Kindergarden 1-5 High School From 4 School Districts 298 172 TVSD 14 TVSD 398 524 LEUSD Menifee SD Murrieta SD 27 53 LEUSD Menifee SD Murrieta SD in 90 Schools Kids per School At SII times of the Year 250 200 150 100 50 0 11 ik 1st Issue 2nd Issue With Many Repeat Customers � 221 Students (15%) also received aid from OSB in a previous year ATTACHMENT III PROJECT DESCRIPTION Attachment III PROJECT DESCRIPTION Operation School Bell° Imagine being a child without the appropriate clothes to dress on an ordinary school day. Every year disadvantaged children in kindergarten through eighth grade may not attend school, because they simply, because they do not have adequate clothing. Now, imagine what a gift it would be to choose your own new clothing and receive a new backpack filled with school supplies and hygiene items. When these children are referred to Assistance League by the four school districts we serve, that is precisely what happens. While Assistance League volunteers are happy to know this new clothing increases the student's incentive for regular school attendance, higher academic performance and enhanced self- esteem, the true reward comes from the big smile such a gesture brings to every child's face. Assistance League of Temecula Valley has signed, current Program Service Agreements (PSR's) with the four school districts served: Lake Elsinore Unified School District, Menifee Union School District, Murrieta Valley Unified School District and Temecula Valley Unified School District. These agreements are reviewed and updated every three years. Representatives from Assistance League meet with school personnel each year before school begins to provide current policies and procedures for Operation School Bell referrals. The current student referral documents are given to school personnel training on the on-line appointment schedule program. Attached are copies of the documents given to each of the schools. Students in need and enrolled in stated funded school preschools up through eighth grade, receives: 3 pairs of pants, 3 shirts, 6 pairs of underwear, 6 pairs of socks, hoodie sweatshirt, backpack with school supplies (pencils, pens, markers, crayons, erasers, notebook, ruler) and hygiene kit (shampoo, soap, toothbrush and toothpaste plus deodorant), at a cost of $100 per child. Operation School Bell operates three days a week for five hours, scheduling 25 appointments daily, and is staffed by four Assistance League members. Parents and children are invited to come to our facility for their clothing, however, if transportation is unavailable or a work schedule doesn't permit the parent to bring the child, Operation School Bell provides the clothing by a new method introduced this year called: bag and delivery. The parent completes Operation School Bell forms, provided to them by the school health office, and returns the completed forms to the health office. The documents are faxed to Operation School Bell to fill the order, and we arrange delivery of the clothing to the student's school. New program has begun under Operation School Bell. Evaluations were made of the school districts, and it was found that health and hygiene items are needed for some students while they are at school. Sometimes a student comes to the health office needing clean clothing, a toothbrush, comb, or bandage, and due to recent school budget cuts, these supplies aren't always available. Health office 1 staff members are the first responders for students when there is an urgent need. The cost of the items provided per bag (fabric sport bags) is $100. The items that will be included will be: Preschool bags: 1. Pants: Boys/Girls (unisex) Sizes 4-6 (two of each per size) 2. Girl's underwear: Sizes 4-6 (two of each per size) 3. Boy's underwear: Sizes: 4-6 (two of each per size) 4. Socks: Boys/Girls (unisex) Size 4-6-1/2 (two pair per size) 5. Hygiene supplies: one box antiseptic wipes, individual tissues packs, 12 each Elementary/Middle school bags: Age appropriate clothing and hygiene items. To be accomplished when funding is available. SUMMARY OF COSTS Our present cost of clothing approximately: 1,500 children x $100 per child = $150,000.00 Cost of new "Save our Student Bag" program: • 48 preschool classrooms x $100 per bag = 4,800.00 (Includes fabric bag at a cost of $6.25 per bag) • 90 schools x $100 per school = 9,000.00 $163,800.00 Should the City of Temecula, under Community Development Block Grant Program, award Assistance League of Temecula Valley, the requested amount of $10,000, this amount would greatly provide Assistance League of Temecula Valley with additional funds needed in the daily operation of Operation School Bell programs. Thank you for your consideration and support for our efforts to positively impact the families in the communities that we serve. 2 assistance league' Temecula Valley ASSISTANCE LEAGUE® OF TEMECULA VALLEY 'Caring and Commitment in Action' Operation School Bell® Referral Procedures Dear Health Clerks and Nurses, To refer a student to Operation School Bell please complete the following steps: 1. Determine need and eligibility by conferring with child's teacher. 2. Insert the following information into the Appointment Request Form and e-mail it to shclsch@verizon.net. • Name of student • DOB (Date of Birth) • Grade • Gender M or F (Male or Female) • Name of School • Family contact phone number 3. You will be notified of the appointment date and time within forty-eight hours. 4. Indicate the appointment date and time on the Appointment Reservation Form and complete the requested information. Give a copy to the parent/guardian (they must bring this form with them to the dressing) and provide copies of the following forms that must be read and/or completed prior to the dressing appointment. Review the forms with them and answer any questions they may have. • Parent Permission Form. Request that the parent complete one form for each child, recording the child's current sizes and sign and date the form. They must bring this form with them to the dressing. • CDBG Form. The Community Development Block Grant Form is used to apply for grant money and they must bring this completed form with them to the dressing. This form must also be accompanied by current proof of income, which includes a copy of: Income Tax return, W-2, Paycheck stub or Notice of Action (Welfare or Food Stamps). • Parental Letter listing the items each child will receive and the clothing sizes that we keep in stock. • Map showing location of Assistance League Thrift Shop and Operation School Bell. Thank so much for all your efforts to refer children in need and help families make the most of their appointments! Judy Wehrs, Chair, Operation School Bell Form # HC — 1 Revised 8/08/09 A assistance league' Temecula Valley ASSISTANCE LEAGUE® OF TEMECULA VALLEY 28720 Via Montezuma Temecula, CA 92590 'Caring and Commitment in Action' Operation School Bell® APPOINTMENT NOTIFICATION Notification de Cita The following appointment has been reserved for your child: • La sigulente cita se ha reservado para su hijo(a): Child's Name Nombre y apellido del nino/a School District Districto Escolar School Age Grade Escuela Edad Grado Parent/Guardian Padre/Madre/Guardian Procedures are followed: Instrucciones para el proceso: 1. Your appointment date is: Time: La fecha de su cita La hors 2. Please notify us at 951.694.8628, if you are unable to keep this appointment. Unfortunately, due to the Targe number of students we serve, sometimes it is difficult to reschedule. Favor de informarnos al numero 951.694.8628 si usted no puede Iegar a la hor indicada. Desgarciadamente, debido a la gran cantidad de gente que servimos, a veces es dificll reservar otra cita. 3. When you come with your child at the appointed time to the address above, please bring this form. Enter the door on the right side of the building. It is indicated on the door that is the entrance for participants of the Operation School Bell program. Cuando viene con su hijo a su cita a la direccion indicada arriba, favor de traer tambien esta forma. La entrada se encuentra al lado derecho del edificio. Se indica en la puerta que es la entrada designada para participantes del proyecto "Operation School Be!!." Notes to Parents: Atencion Padres: > PARENT AND CHILD MUST BE PRESENT TO RECEIVE CLOTHING. Please bring only the child/children who have appointments with Operation School Bell. Space is limited. El padre o la madre y el nino(a) tienen que estar presents para recibir la ropa. Favor de llevar solamente a los ninos que tienen citas con el proyecto. El espacio es limitado. ➢ Assistance League members volunteer their time, so PLEASE BE PROMPT. Los miembros de la Assistance League son voluntarias que donan su tiempo. FAVOR DE SER PUNTUALES. PLEASE HAVE ALL YOUR PAPERWORK FILLED OUT BEFORE YOU ARRIVE. This includes: 1. Parent Permission Form with correct sizes for your child 2. CDBG (Community Development Block Grant) Form and 3. Proof of income (Copy of Tax return, W-2, Paycheck stub or Notice of Action for Welfare or Food Stamps). FAVOR DE TENER TODOS LOS DOCUMENTOS COMPLETOS ANTES DE QUE USTEDES LLEGUEN. Se Incluyen: 1. La forma de! permiso de padre/madre/guardian con los tamanos correctos de su nifio. 2. La forma CDBG (Community Development Bock Grant -la beca) 3. La prueba de ingresos (declaraciones de renta, la forma de W-2, talon de cheque de pago y Nota de Accton para el Bienestar y Cupones de Alimentos). School Health Clerk/Nurse: Signature Date Form # HC — 2. Rev: 7/1/2010 ASSISTANCE LEAGUE® OF TEMECULA VALLEY Illi 28720 Via Montezuma assistance league Temecula, CA 92590 Temecula valley 'Caring and Commitment in Action' Operation School Bell® PARENT PERMISSION FORM Unified School District: Lake Elsinore Murrieta Temecula Menifee Student's Name: Date: Operation School Bell is a program of Assistance League of Temecula Valley and is designed to assist families who may be experiencing difficulties in providing clothing for their children enrolled in kindergarten through 8th grade. It is our sincere desire to introduce you to our program and provide your child/children with three complete, new school outfits. I, will bring my child to Operation School Bell at (Parent/Guardian) the above address on the day of my appointment. I will arrive at the time scheduled for me. If I am delayed due to an emergency, I will call Operation School Bell at 951/694-6594. I understand that if I do not keep my appointment, I may need rescheduled to receive clothing. Please assist us by listing the correct sizes for your child and answering the questions listed below. ITEM SHIRT/BLOUSE PANTS ZIP -UP, HOODED SWEATSHIRT UNDERWEAR SOCKS SHOES SIZE BRING THIS FORM WITH YOU TO YOUR APPOINTMENT Form # HC —3 Revised 7/1/2010 JAL assistance league' Temecula Valley ASSISTANCE LEAGUE® OF TEMECULA VALLEY 28720 Via Montezuma Temecula, CA 92590 'Caring and Commitment in Action' OPERATION SCHOOL BELL® PERMISO DEL PADRE / MADRE Distrito Escolar Unificado: Lake Elsinore Murrieta Temecula Menifee Nombre y Apellido del estuidiante: Fecha: La " Operation School Bell" es un proyecto de La Liga de la "Assistance League of Temecula Valley". El programa fue disenado para ayudar a las familias que tienen dificultades en adquirirles ropa para sus hijos matriculados en los grados desde el Jardin de Ninos hasta el Grado 8. Yo, ,confirmo que Ilevare' a mi hijo(a) a la oficina (Padre/Guardian) proyecto "Operation School Bell", a la direccion indicada arriba, el dia de mi cita. Hare' todo lo posible para Ilegar a la hora reservada para nosotros. Si yo tengo una emergencia y me voy a demorrar, Ilamare' a la oficina de "Operation School Bell" para avisaries. (951.694.6594). Yo entiendo que si no puedo Ilegar a la hora indicada, puede ser dificil conseguir otra cita debido a la gran cantidad de gente servida por el proyecto. Por favor ayudenos, indicando abajo los tamanos correctos de la ropa de su hijo(a). ARTICOLO CAMISA/BLUSA PANTALONES SUDADERA, ENCAPUCHADA ROPA INTERIOR CALCETINES ZAPATOS TAMANO POR FAVOR TRAIGA USTED ESTA FORMA A SU CRA Form # HC — 3 Revised 7/1/2010 assistance league' Temecula Valley ASSISTANCE LEAGUE® OF TEMECULA VALLEY 'Caring and Commitment in Action' Operation School Bell® CLOTHING LIST To Parents and Health Clerks, We look forward to seeing you in Operation School Bell and to dress your child/children in their new school clothes. Each child receives the following: 3 tops 3 pairs of pants 1 sweatshirt, hooded — one per school year 6 pairs of underwear 2 beginner bras — only if needed 6 pairs of socks 1 pair of shoes 1 hygiene kit: shampoo, soap, brush, comb, toothbrush, toothpaste, deodorant 1 backpack per school year with homework supplies To ensure that we have the sizes he/she will need, we are listing the sizes we keep in stock: Girls Shirts: small, medium, large, extra large (regular and junior sizes) Girls Pants: 4, 5, 6, 6x, 7, 8, 10, 12, 14, 16 Junior Girls Pants: 0, 1, 3, 5, 7, 9, 11, 13, 15, 17 Girl's Plus Sizes: 7-16 Boy's Shirts: small, medium, large, extra large Boy's Pants: 4, 5, 6, 7, 8, 10, 12, 14, 16, 18 (regular, slim and husky) If your student needs a size not listed above, please contact us through your Health Clerk. We need advance notification of two (2) weeks to have the appropriate sizes available. Thank you, Operation School Bell Form # HC — 4 Revised 7/1/2010 assistance league' Temecula Valley ASSISTANCE LEAGUE® OF TEMECULA VALLEY 'Caring and Commitment in Action' Operation School Bell® LISTA DE ROPA Padres y Empleados de Salud, Anticipamos con entusiasmo verlos en nuestro proyecto "Operation School Bell," en el cuai les entregaremos a sus ninos Ia nueva ropa para este alto escolar. Cada nino/a recibira lo siguiente: 3 camisas o blusas 3 pantalones 1 sudadera encapuchada — (una por alio escolar) 6 pares de calcetines 6 pares de ropa interior 2 sostenes principiantes, tamano'A' solamente (si son necesarios) 1 par de zapatos 1 bolsa de articulos higienicos: champu, jabon, cepillo, peine, cepillo de dientes, pasta dental, desodorante (si es necesario) 1 mochila con materiales para mantener en casa para hacer las tareas--(una por alto escolar) Para asegurarnos de que tengamos los tamanos necesarios, indicamos abajo los tamaltos que mantenemos en nuestro inventorio: camisas para niltas: pequeno, mediano, grande, extra-grande (regulares o menores) pantalones para ninas: 4, 5, 6, 6x, 7, 8, 10, 12, 14, 16 pantalones para chicas: 0, 1, 3, 5, 7, 9, 11, 13, 15, 17 tallas extra-grandes: 7-16 camisas para varones: pequeno, mediano, grande, extra-grande pantalones para varones: 4, 5, 6, 7, 8, 10, 12, 14, 16, 18 (regular, delgado y fuerte/corpulen) Si el estudiante necesita un tamaho que no este indicado arriba, favor de comunicarse con nosotros a traves de su Empleado de Salud de Ia escuela. Usted debe informarnos dos (2) semanas antes de su cita para que tengamos los tamanos apropiados disponibles. Gracias, Operation School Bell Form # HC— 4 Revised 7/1/2010 assistance league' Temecula Valley OPERATION SCHOOL BELL FAX ASSISTANCE LEAGUE® OF TEMECULA VALLEY 'Caring and Commitment in Action' Operation School Bell ® To: OPERATION SCHOOL BELL Fax: 951-694-8298 Date: Re: "SAVE OUR STUDENTS" PROGRAM Classroom Bag Needs Teacher Name: School: Age Group: PRESCHOOL Original Bag Contents: 1. Pants: Boys/Girls (Unisex) Sizes 4 - 6 (Two of each) 2. Girl's Underwear: Sizes: 4 - 6 (Two of each ) 3. Boy's Underwear: Sizes : 4 - 6 (Two of each ) 4. Socks: Boys/Girls (Unisex) Size 4-6 V2 (Two Pair) 5. Hygiene Supplies: One (1) Box Antiseptic Wipes, Individual Kleenex Packs, 12 ea. ITEM PLEASE PROVIDE THE FOLLOWING ITEMS TO REFILL OUR "SAVE OUR STUDENTS" CLASSROOM BAG: Size 4 Size 5 Size 6 REMARKS Pants Girls/Boys Girl's Underwear Boy's Underwear Socks Giris/Boys: Y/N Hygiene Supplies: Antiseptic Wipes Y/N Kleenex Packs Y/N Comments: HC -5 7/1/2010 assistance league' Temecula Valley OPERATION SCHOOL BW ASSISTANCE LEAGUE® OF TEMECULA VALLEY `Caring and Commitment in Action' Operation School Bell® "Bag Up" Program (Request for Clothing Assistance) DATE: STUDENT'S NAME: BOY/GIRL: AGE: GRADE: TEACHER: SCHOOL: PARENT/CONTACT: HOME PHONE: E-MAIL: CELL PHONE: 4 -- HOW TO MEASURE CORRECTLY ... TOP: " (Inches) Measure across the top seam between the shoulder seams. WAIST: " ( Inches) Measure where the child "hangs" his/her pants. LEG: " (Inches) Measure the outside leg seam from waist to ankle. FOOT: " (Inches) CHILD'S WEIGHT: Lbs. COMMENTS: Measure the bottom length of the child's bare foot. SUBMISSION OF REQUEST TO OPERATION SCHOOL BELL: To be completed by School Nurse, Social Worker or other Staff ONLY! Fax: 951-694-8628 Phone: 951-694-6594 Thank you, Operation School Bell Form # HC — 6 Revised 7/1/2010 assistance league" Temecula Valley OPERATION SCHOOL BELL" A young boy delighting in the selection at Operation School Bell as he chooses some brand- new clothes to start the school year. MIlttlltII I! 111111111111M ATTACHMENT IV PROJECT NARRATIVE ATTACHMENT IV PROJECT NARRATIVE A. Assistance League® of Temecula Valley, a California nonprofit benefit corporation, was incorporated in 1989 and chartered in 1992 as the 815` chapter of National Assistance League. Assistance League is now linked with more than 26,000 community volunteers through more than 122 chapters in 26 states. PHILANTHROPIC PROGRAMS B. Our services include: Operation School Bell®, one of Assistance League's main philanthropic programs, provided new school clothing last year to 1,505 children including school supplies, backpacks and hygiene items. Each student receives: 3 pairs of pants, 3 shirts, 6 pairs of underwear, 6 pairs of socks, hoodie sweatshirt, backpack with school supplies (pencils, pens, markers, crayons, erasers, notebook, ruler) and hygiene kit (shampoo, soap, toothbrush and toothpaste, plus deodorant). Assisteens®: This junior auxiliary, grades 7 through 12, has 22 members in grades 7 through 12, seeking to instill the values of volunteerism and service to the community. Each year Assisteens provides the Fall Harvest Festival and the Spring Peter Rabbit events for approximately 100 children and their families. The auxiliary also provides books for Operation Book Worm, their philanthropic program supporting Operation School Bell. Kids on the Block®: This program consists of a special troupe of eight Assistance League members' puppeteers using life-size puppets providing education programs enlightening 3rd grade valley children on disability awareness, medical differences, social concerns and issues. Last year, Kids on the Block performed skits for 1,167 students. This unique form of communication provides young students with an environment in which to learn and develop an attitude of smart decision-making, sensitivity, and understanding that should serve them well in the future. Project: SMILE : Two of our adult members run this program, providing free emergency dental care for needy children in grades K-8, not insured by private, state or federally funded dental programs. Operation Bear Hug: This program provides first responder's with stuffed teddy bears to give to children experiencing a tragic situation, such as fire or an automobile accident. Last year, 155 children were recipients of this program. 1 Operation Non -Profit Assistance: Our meeting room is available free of charge to nonprofit organizations for their meetings and events. The room will seat up to 100 people. Calendar of room usage is available upon request. Assistance League is partnering for the first time this year with Rape Crisis Unit, Southwest Family Justice Center providing assault survivor kits to victims of sexual assault in Southwest Riverside County. MEMBERSHIP AND LONGEVITY C. Assistance League has been active in Southwest Riverside County since 1989. We have 201 members. During fiscal year ending May 31, 2010, members gave 27,486 hours of volunteer service. These volunteer hours helped fund our philanthropic programs and operated our main fundraiser, the resale store. RESOURCE Funds from the resale store's proceeds help support Assistance League's philanthropic programs selling gently -used items donated by the public. Donations are received from local businesses, individuals, and local government agencies. SCHOOL DISTRICTS D. Temecula Valley Unified School District is one of four school districts served through our philanthropic programs. Recently, a letter was received from the Temecula School District Superintendent Tim Ritter who writes: "The many programs offered by your organization give children the extra help they need .. . clothes to keep them warm and in line with their peers, dental services to keep them smiling and healthy, awareness programs so they learn an attitude of smart decision-making and sensitivity to others." Another letter of appreciation from Jo Wandan who resides in Winchester, Riverside County, CA, writes: "I would like to express our sincere appreciation for Operation School Bell. I recently took into my home this homeless family. Two of her children received new clothes through your program. They were so happy to receive the new clothes and shoes, including backpacks." Under Temecula Valley Unified School District, First 5 Family Literacy Program, Community Liaison, Meredith Killion, writes: "... thank you and the volunteers for the great bags of clothing. All our families were very happy and appreciate the gift. Some of the children were wearing the new outfits and looked good!" Murrieta Valley Unified School District, Stan Scheer, Superintendent writes: "The caring and commitment your organization provides is truly unprecedented and speaks volumes regarding your support of the needs of our community. It comes at a time when there is such a need for support for our children and their families." 2 Last Friday, a 7 year old boy from a Murrieta elementary school came to Operation School Bell with his Mom for the first time. He looked apprehensive about what was going to happen. He really wasn't too sure that he wanted to get involved, and then he began to select his clothing. When this child left our facility he was happy and smiling, and said: "I've had a make -over. Thank you."...and he repeated again, "I've had a make -over. Thank you. "We were all happy together. Lake Elsinore Unified School District, Dr. Frank E. Passarella, Superintendent writes: "Through the efforts of this valuable non-profit organization, numerous children in our public school district have been provided with essential materials, supplies and services that they otherwise would not receive. The purpose of this letter is to express our support and appreciation for the positive relationship the Lake Elsinore Unified School District and the Assistance League of Temecula Valley have established." Wanda Jennings from Elsinore Middle School writes: "Thank you so much for your recent donation of school supplies to our school. Our students are often in need between paydays and at the end of the month. We appreciate all of your help! Rest assured the supplies you graciously donated will be given to students in need. We pride ourselves on helping our students in any way we can and your gift will allow us to do even more." Menifee Union School District: Superintendent Linda Callaway, Ed.D writes: "Operation School Bell has provided complete outfits of clothing for many children...the children and their parents have been so grateful for this opportunity for their children. Please accept our ongoing gratitude for this community service." When two children, a brother and sister, came to Operation School Bell, this is what happened. After the clothing selection was finished, and the sister was going through her brother's bag by taking out the new clothing to see what her brother had received, and sharing the new clothing she had received with her brother, she looked up and said, "This is what Operation School Bell is all about. We will look good in our new clothes!" E. We have an all volunteer workforce. Computerized accounting procedures and an annual independent review provide checks and balances on the accuracy of the accounting information. F. After evaluating the continuing needs of the communities, through external evaluation of our Operation School Bell program, it was found there is a need to provide health and hygiene items to serve immediate needs of some students while they are at school. Sometimes a student comes to the health office needing clean clothing, toothbrush, comb, or a bandage, and due to recent school budget cuts, these supplies are not always available. Health staff members are the first responders for students when there is an urgent need. 3 Beginning fall 2010, Operation School Bell will give each school health office the necessary items to solve health or hygiene needs. This new program to save our students bag program will cost Operation School Bell $100 per bag for the 90+ schools in the four school districts served. Assistance League of Temecula Valley has budgeted $5,000 of its annual budget to start up this program. We are requesting additional funds from businesses, individuals and government agencies to help fund this new program. Additionally, during this same external evaluation, it was found that save our students bag program can also provide each Head Start, State Preschool and First Five preschool programs with hygiene and clothing items to assist teachers in the classroom when children need help. School districts' data is: • Lake Elsinore Unified School District: 444 preschool children in 36 classrooms, • Menifee Union School District: 96 preschool children in four classrooms with 40 children in preschool special education classes, • Murrieta Valley Unified School District: 104 preschool children in seven classrooms, • Temecula Valley Unified School District: 131 preschool children in eight classrooms. Community Assistance for Riverside County Office of Education prequalifies these preschool children for need. Depending on the funding program, each preschool is funded by Head Start, State Preschool or First Five. G. Assistance League provides help to residents in cities of Southwest Riverside County in three distinct ways: Operation School Bell clothed 1,505 school children; Assisteens provided special events for 100 children and families enrolled in preschool programs, and Project: SMILE served eight children, planning to expand its program in 2011. H. Assistance League of Temecula Valley's financial statements are included with this Application. I. Board of Directors and members of Assistance League of Temecula Valley approve its annual budget. Active members vote on required financial commitments. The organization's budget is reviewed twice monthly ensuring proper management. J. Services of Assistance League of Temecula Valley are community-based programs to benefit residents in unincorporated areas of southwest Riverside County, cities of Lake Elsinore, Menifee, Murrieta, Temecula and Wildomar, geared for needy school age children, from preschool age 4, up to 8th grade, age 13. Children and families are referred to Operation School Bell and Project: SMILE by health staff members and teachers, from the four school districts served. 4 K. Assistance League of Temecula Valley internally evaluates its programs biannually. National Assistance League, each opposite year, evaluates Assistance League of Temecula Valley. Our next membership evaluation is November 2, 2010. OPERATION SCHOOL BELL Strategic Plan Operation School Bell Committee has developed this strategic plan. Its main goal is to provide clothing services in the most effective way possible, within budgetary guidelines. • Operation School Bell facility has been streamlined by reconfiguring space to expedite dressings. • Incoming chairman and outgoing chairman transition will occur earlier in the year. • Identifying client needs outside the school districts, planning partnerships with social service agencies for expansion for screenings and referrals will begin. • Operation School Bell and Assistance League leaders are meeting to establish partnerships with prospective community partners: Kohl's, Southern California Edison, Wal-Mart, and Target to develop a relationship for employees of businesses to volunteer at our site. • Develop off site dressings for middle school children in local department stores by January 2011. MISSION STATEMENT: Assistance League® of Temecula Valley, a chapter of National Assistance League®, is a non-profit, volunteer philanthropic organization dedicated to serving the needs of families in the Temecula valley area. VISION: To be a regionally recognized organization empowering volunteers to meet the changing needs of the Temecula valley area. GOALS: 1. Create and operate philanthropic programs to meet identified community needs. 2. Raise and administer adequate funds to support Assistance League of Temecula Valley's philanthropic programs and chapter administration. 3. Create an informed, enthusiastic, cohesive and committed membership throughout the chapter. 4. Strengthen our image to be identified as a recognized leader in addressing the needs of the community. 5 V. PROJECT BENEFIT B. Limited Clientele: Copies attached of forms used for Limited Clientele reporting and compliance. • Scholarship Program Form • Operation School Bell Clothing Inventory Form — Boys Clothing: Girls Clothing • Community Development Block Grant Program Form, 2010-2011, English and Spanish • Description of benefits for School Health Staff use to describe program eligibility to recipients. SCHOLARSHIP PROGRAM FORM Youth Name: Identification No. 0.78-10 Program Name Operation School Bell (Temecula Valley Assistance League) Length of Program (month/days): 1 time Total Number of Sessions Start Date: Completion Date: Days: '1 Time: Location: Assistance League Of Temecula Valley 28720 Via Montezuma, Temecula, CA 92590 Total Cost: $ 100 Portion covered by CDBG per Person: $100 PROGRAM DESCRIPTION: Operation School Bell provides NEW clothing for low income students to wear to school. This will improve their self esteem and facilitate their attending school on a regular basis. SCHOLARSHIP WILL PROVIDE: Each student with NEW clothing as well as a backpack with school supplies and a hygiene kit. LIST OF SUPPLIES:3 pair of pants, 3 shirts, tennis shoes, 6 pair of socks and underwear, "hoodie" sweatshirt, backpack with school supplies (pencils, pens, markers, crayons, erasers, notebook, ruler) and hygiene kit (shampoo, soap, toothbrush and toothpaste). C:1Users‘Sue\Downloads\Scholarship Program Form.doc Southwest Riverside County Economic Development Region EDA 4.. GS ir.... �,.. Setter/ nor e... tr...poo.. tiro} r..AM -r-., d .w.. x..< .....n.'...4 w.r.w rl. w.. .. Orange County Lake Elsinore s ` Lake Skinrer CEnorirniA Vail Lake ASSISTANCE LEAGUE L''OF TEMECULA VALLEY Legend Region Boundary n City Boundary Major Roads Highways Aerial photography prwidad by DMI and Digldl Globe. San Diego County anchc, Santa Margarita jo ,istrano n Clemente a ! t o Santiago Peak Lake Elsinore Cleveland National Forest Santa Arra 1:1 c, a ', t sd7 Canto Pendleton Mai ine Corps Base y SunCi Canyon 1 a WiIdcZrnar Rennet Valli Vista .71 �6mer,igoni Pkwy i%tuntorcl �^ Veigev Murricipt Temecula y'94. '44,79 I. Fallbrook School District ASSISTANCE LEAGUE OF TEMECULA VALLEY serving four school districts: Lake Elsinore Unified School District, 545 Chaney St., Lake Elsinore Menifee Union School District, 30205 Menifee Rd., Menifee Murrieta Valley Unified School District, 41870 McAlby Ct., Murrieta Temecula Valley Unified School District, 31350 Rancho Vista Rd., Temecula AL assistance league' Temecula Valley ASSISTANCE LEAGUE® OF TEMECULA VALLEY 'Caring and Commitment in Action' 28720 Via Montezuma Temecula, California 92590 Operation School Bell® 951/694-6594 (Corner of Via Montezuma and Commerce Center Drive) apa!J asudaalu] E Operation School Bell® Assistance League Thrift Shop aQ JaluaJ aDJawwoJ Winchester Avenue Overland Via Montezuma Map Not to Scale any uosaf 1111 Sizzler Rancho California Street AVM RH ST -1 (D NJ 0 QI d OSB -4 7/1/2010 assistance league' Temecula Valley OPERATION sada Beu' ASSISTANCE LEAGUE® OF TEMECULA VALLEY 'Caring and Commitment in Action' Operation School Bell® LAST NAME ❑ NEW TO SCHOOL BELL or ❑ REPEAT Today's Date: FIRST NAME ❑ 2ND DRESSING THIS YEAR BIRTH DATE: AGE: GRADE: SCHOOL: SCHOOL DISTRICT: Ethnic Group: (Circle One) American Indian, Aslan, Black, Hispanic, White, Other (Circle One) Head of Household: Married, Single Mother, Single Father, Other: QTY ITEM BOYS Clothing (Enter or circle issued item information) 3 SHIRT BOYS: , , BOYS PLUS: , MENS: , , , OTHER: , 3 JEANS REGULAR: , , SLIM : , HUSKY: , , , MENS: , 1 HOODIE JACKET (One per year) (Indicate Color) YOUTH : SMALL , MEDIUM , LARGE , XL ADULT : SMALL , MEDIUM , LARGE , XL 6 PR UNDERWEAR BOYS: MENS: 6 PR SOCKS BOYS: 4-6 6 - 8 1/2, 9 - 11 1 SHOES BOYS: 9, 9 1/2, 3, 31/2, MENS: 6, 6 1/2„ 10, 4, 7, 10'/2, 11, 41/2, 5, 7 1/2„ 8, 11 1/2, 12, 121/2, 13, 13 1/2 , 51/2, 81h„ 9, 91/2„ 10, 101/2„ 11, 2, 2 111/2, 1/2, 12 1 BACK PACK BACK PACK: 1 HYGIENE KIT HYGIENE KIT: PRIMARY OR SECONDARY 1 HOMEWORK KIT HOMEWORK KIT: PRIMARY OR SECONDARY VOLUNTEER SIGNATURE VOLUNTEER SIGNATURE FormOSBffb 08/01/2010 1 assistance league Temecula Valley OPERATION SCHOOL BW. ASSISTANCE LEAGUE@ OF TEMECULA VALLEY 'Caring and Commitment in Action' Operation School Bell® LAST NAME ❑ NEW TO SCHOOL BELL or ❑ REPEAT Today's Date: FIRST NAM ❑ 2ND DRESSING THIS YEAR BIRTH DATE: AGE: GRADE: SCHOOL: SCHOOL DISTRICT: Ethnic Group: (Circle One) American Indian, Aslan, Black, Hispanic, White, Other (Circle One) Head of Household Marrled, Single Mother, Single Father, Other QTY ITEM GIRLS Clothing (Enter or circle issued item information); 3 SHIRT / BLOUSE (3 Total) GIRLS: , GIRLS PLUS:, . JUNIOR: OTHER: 3 PANTS / JEANS (3 Total) GIRLS: GIRLS PLUS: , JUNIOR:. OTHER: , 1 HOODIE JACKET (One per Year) (Indicate Color) YOUTH : SMALL , MEDIUM , LARGE , XL ADULT: SMALL , MEDIUM , LARGE , XL 6 PR UNDERWEAR GIRLS: LADIES: 2 BRAS REGULAR: SPORTS: 6 PR SOCKS GIRLS: 4-6 6- 8 1/2, 9- 11 1 PR SHOES GIRLS: 9, 91/2, LADIES: 5, 51/2, 10, 101/2, 11, 111/2, 12, 1, 11h, 2, 21/2, 3, 6, 61/2, 7, 71/2, 8, 121/2, 13, 13 'h, 31/2, 4, 41/2 81/2, 9, 91/, 10 1 BACK PACK BACK PACK: 1 HYGIENE KIT HYGIENE KIT: PRIMARY OR SECONDARY 1 HOMEWORK KIT HOMEWORK KIT: PRIMARY OR SECONDARY VOLUNTEER SIGNATURE VOLUNTEER SIGNATURE FormOSBff808/01/2010 Project Name: Please Print Name: Address: City & 1) 2) 3) File No.: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2010-2011 SELF -CERTIFICATION FOR PUBLIC SERVICE AGENCY CLIENTELE (not for use on housing activities) *************** INCOME AND FAMILY SIZE State: Zip CATEGORY: I consider myself in one of the following categories (please check ONLY one): (A) Senior Citizen (C) Migrant Farm Worker (E) None of the above (B) Physically Challenged (D) Homeless FAMILY SIZE (check 1INLY one): 10 20 30 40 50 60 70 80 FAMILY INCOME: My current family yearly income from all sources is: Note: Family income means the total income of all persons living in the same household who are related by birth, marriage or adoption and are benefiting from the activities (public services or job creation, which benefit an individual or family). (Ref 24 CFR 570.3) (Based on 2009 Income Limits, effective 3/19/09) Proof of Income received 0 Yes ❑ No Source of Proof- Verified by: 4) ETHNICITY: (Select ONLY one out of the Single -race or Multi -race categories). Single race category O White 0 American Indian/Alaskan Native 0 Black/African American 0 Native Hawaiian/Other Pacific Islander 0 Asian Multi -race category ❑ American Indian/Alaskan Native & White ❑ Black/African American & White 0 Hispanic/Black/African American 0 Hispanic/American Indian/Alaskan Native 0 Hispanic/Native Hawaiian/Other Pacific Islander ❑ Hispanic/American Indian/Alaskan Native & White ❑ American Indian/Alaskan Native & Black/African American 0 Hispanic/American Indian/Alaskan Native & Black/African American O Other Multi -race (ONLY if, non -of -the -above categories identifies you). 0 Asian & White 0 Hispanic/White 0 Hispanic/Asian 0 Hispanic/Asian & White ❑ Hispanic/Black/African American & White BENEFICIARY: I, on acknowledge that qualification for assistance funded under the CDBG program is based upon having a qualifying family income and that the income levels I have certified to in this self -certification are current as of the date signed and may be subject to further verification by the grantee and/or HUD and I authorize such verification and will provide supporting documents if it is necessary. Project Name: File No.: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2010-2011 CERTIFICACIONPARA EL SERVICIO PUBLICO DE LA AGENCIA (no es para use de actividades de vivienda) *************** NUMERO DE FAMILIA, INGRESO, Y ITNICIDAD Escribir en letra de imprenta Nombre: Direccion: Ciudad y Estado: Codigo Postal 2) CATEGORIA: Yo me considero' en una de las categorias siguientes (por favor marque SOLAMENTE una de las categorias): (A) Adulto Mayor de 60 ados o mas (B) Persona Desabilitada (C) Trabajador Agricola Migratorjo (D) Sin Hogar (E) Ninguna de las categorias mencionadas 2) NUMERO DE FAMILIA (solamente uno): 1 20 3 40 5 60 7 80 3) INGRESO FAMILIAR: El ingreso de mi familia, hasta el presente es: Note: Igreso familiar se significa el ingreso total de todas las personas viviendo en el mismo hogar que son relacionados por nacimiento, matrimonio o adopci6n y que estan beneficiando de las actividades (servicios publicos, o creacion de trabajos, que beneficia a el individuo o a la familia). (Ref. 24 CFR 570.3) La prueba de Ingresos recibio ❑ Si ❑No La fuente de la Prueba Verificado por 4) ETNECIDAD: (Solamente seleccione una de las categorias de razas/multi-razas la cual lo describe a usted). Categoria de raza individual ❑ White ❑ Black/African American ❑ Asian ❑ American Indian/Alaskan Native 0 Native Hawaiian/Other Pacific Islander Categoria de Multi-raza O American Indian/Alaskan Native & White 0 Asian & White ❑ Black/African American & White ❑ Hispanic/White ❑ Hispanic/Black/African American 0 Hispanic/Asian ❑ Hispanic/American Indian/Alaskan Native ❑ Hispanic/Asian & White O Hispanic/Native Hawaiian/Other Pacific Islander ❑ Hispanic/Black/African American & White ❑ Hispanic/American Indian/Alaskan Native & White ❑ American Indian/Alaskan Native & Black/African American ❑ Hispanic/American Indian/Alaskan Native & Black/African American ❑ Otro (solamente selection si ninguna de las categorias mencionadas se idenfican con su itnicidad). BENEFICIARIO: Yo, en reconosco que los requisitos para asistencia fmanciada por el programa CDBG es basado sobre teniendo ingreso familiar que califique y que el nivel de ingresos que yo e certificado a en esta certification -de mismo son actuales come de el dia de la firma y puede ser sometido a mas verification por el beneficiario y/o HUD y yo autorizo tal verification y facilitare documentos que comprueben si es necesario. What we do: OPERATION SCHOOL BELL® Who we are: Assistance League of Temecula Valley, a chapter of National Assistance League®, is a non-profit, all volunteer philanthropic organization dedicated to serving the needs of families in the Temecula valley area. Operation School Bell provides new clothing, hygiene kits, and backpacks with homework kits to children whose families are economically disadvantaged. How do we do it: Our all volunteer organization operates an Assistance League Thrift Store at 28728 Via Montezuma for the sole purpose of raising funds to support our Philanthropic programs. Together with these funds and community support we purchase the needed items for distribution. Do I qualify: The Community Development Block Grants sets the standards that Assistance League uses to determine eligibility. Qualification is based on income and family size. Proof of Income, residency and identification are required. If I believe I qualify: I contact my child's health clerk at the school they attend. Together with their help and working with the child's teacher, a referral appointment may be made with Operation School Bell. LA OPERACION DE LA CAMPANA ESCOLAR® Que hacemos: Quienes somos: La Liga de Asistencia del Valle de Temecula, una organizacion local de la Liga de Asistencia Nacional®, es una empresa filantropica, de voluntarios quienes se dedican a servir las necesidades de las familias en Ia area del Valle de Temecula. La Operacion de Ia Campana Escolar les provee a los ninos, de familias de bajos y moderados recursos economicos, ropa nueva, equipos higienicos, y mochilas con equipos de tarea. Como lo hacemos: Nuestra organizacion se consiste de puros voluntarios quines manejan La Tienda de Segundas de Ia Liga de Asistencia localizada en 28728 Via Montezuma con el proposito unico de recaudar fondos para soportar nuestros programas filantropicos. Junto con estos fundos y el apoyo de la comunidad, nosotros compramos los articulos necesarios para distribucion. Como califico: Las 5ubvenciones Globales para Desarrollo Comunitarios establecen los criterios en cual la Liga de Asistencia usa para determinar elegibilidad. La calificacion es basada en los ingresos y tamano de la familia. Los solicitantes necesitan presentar una prueba de ingresos, residencia e identificacion. Si pienso que califico: Yo debo contactarme con el empleado de salud en la escuela en cual mi hi jo(a) asiste. Con la cooperacion del empleado y del maestro de mi hi jo, una cita sera programada con la Operacion de la Campana Escolar. ATTACHMENT VI FINANCIAL INFORMATION ATTACHMENT VI BUDGET OVERVIEW 2010 - 2011 9:04 AM 09/07/10 Accrual Basis Assistance League of Temecula Valley Budget Overview 2010 - 2011 June 2010 through May 2011 Ordinary Income/Expense Income 40000 • Income 40200 • Snack Jar Income 40300 • Donation Jar Income Total 40000 • Income 41000 • Fundraising Revenue 41100 • Minor Event Fundraising 41200 • Major Event Fundraising 41250 • Direct Mail Campaign 41400 • Assisteens Income 41500 • PRO's Income Total 41000 • Fundraising Revenue 43000 • Direct Public Support 43410 • Corporate Contributions 43450 • Individual Contributions 43480 • Grants - Restricted 43490 • Grants - Unrestricted Total 43000 • Direct Public Support 43491 • Gifts in Kind - Goods 43495 • Gifts In Kind - Miscellaneous 43497 • Gifts in kind - Salvation Army 43498 • Gifts In Kind - Meeting Room Total 43491 • Gifts in Kind - Goods 45000 • Investments 45030 • Interest -Savings, Short-term CD Total 45000 • Investments 46400 • Other Types of Income 46410 • Thrift Store Sales 46412 • Thrift Store Sales - Assisteens Jun '10 - May 11 300.00 600.00 900.00 4,000.00 12,000.00 7,500.00 500.00 5,000.00 29,000.00 6,000.00 6,000.00 20,000.00 5,000.00 37,000.00 4,000.00 10,000.00 20,000.00 34,000.00 1,500.00 1,500.00 300,000.00 20,000.00 Total 46400 • Other Types of Income 320,000.00 47200 • Membership Income 47230 • Membership Dues 47235 • Active Member 10,000.00 47241 • Community Member 1,200.00 47250 • Sustaining Member 5,000.00 47260 • PALS Member 1,400.00 47265 • Assisteens Member 975.00 47270 • PRO's Member 500.00 Total 47230 • Membership Dues 19,075.00 Total 47200 • Membership Income 19,075.00 49000 • Special Events Income 49012 • December Luncheon 4,500.00 49013 • Xmas Party 650.00 49014 • May Luncheon 3,500.00 49020 • Luncheons/Parties/Outside Event 700.00 Total 49000 • Special Events Income Total Income Gross Profit Expense 60900 • Business Expenses 60915 • Bank Service Charge 60940 • Fees & Permits Total 60900 • Business Expenses 9,350.00 450,825.00 450,825.00 300.00 300.00 600.00 Page 1 9:04 AM 09/07/10 Accrual Basis Assistance League of Temecula Valley Budget Overview 2010 - 2011 June 2010 through May 2011 Jun '10 - May 11 61000 • Contract Services 61110 • Accounting Fees 12,000.00 Total 61000 • Contract Services 12,000.00 62000 • Facilities and Equipment 62200 • Building Repairs & Maintenance 62205 • Chapter House Improvements 4,000.00 62210 • Snacks - Kitchen 300.00 62220 • Supplies 500.00 62240 • Janitorial Services 11,000.00 62700 • Landscape Maintenance 3,000.00 62850 • Alarm System - Security 3,000.00 62200 • Building Repairs & Maintenance - Other 18,000.00 Total 62200 • Building Repairs & Maintenance 39,800.00 62500 • Real Estate, Personal Prop Tax 12,000.00 62600 • Utilities 62610 • Electricity 20,000.00 62620 • Gas 250.00 62630 • Water 3,000.00 Total 62600 • Utilities 62750 • Trash 62800 • HOA Dues 62900 • Truck 23,250.00 5,500.00 3,600.00 500.00 Total 62000 • Facilities and Equipment 84,650.00 63000 • Administration 63100 • Postage, Mailing Service 500.00 63200 • Printing and Copying 63201 • Pamphlet Printing 0.00 Total 63200 • Printing and Copying 0.00 63300 • Supplies 4,000.00 63400 • Telephone, Telecommunications 3,500.00 63500 • Web Site Maintenance 660.00 63600 • Copier Rental and Maintenance 3,500.00 Total 63000 • Administration 12,160.00 64100 • Insurance 64120 • Directors and Officers 64130 • Property Insurance 64140 - Gen Liability, Auto 64150 • Accident Insurance 605.00 4,818.00 4,406.00 856.00 Total 64100 • Insurance 10,685.00 64200 • Membership 64201 • Newsletter 64202 • Postage Newsletter 64203 • Newsletter Design & Printing Total 64201 • Newsletter 64210 • National Organization Dues 64215 - Education/Orientation 64220 • Roster 64230 • Membership Development 64235 • Member Recognition 64240 • Pins & Badges 64250 • Hospitality 64252 • Hospitality Supplies 64250 • Hospitality - Other 200.00 800.00 1,000.00 7,000.00 1,500.00 600.00 2,000.00 1,500.00 250.00 1,000.00 1,400.00 Total 64250 • Hospitality 2,400.00 Page 2 9:04 AM 09/07/10 Accrual Basis Assistance League of Temecula Valley Budget Overview 2010 - 2011 June 2010 through May 2011 64290 • Historian 64295 • Miss Sunshine Total 64200 • Membership 64500 • Community Relations 64510 • Public Relations 64512 • PR Philanthropic Programs 64515 • Presidents Expenses 64520 • Community Ambassadors Committee Total 64500 • Community Relations 64280 • Special Events Expenses 64281 • December Luncheon 64282 • Christmas Party Expense 64283 • May Luncheon 64284 • Parties and/or Luncheons 66285 • SE - Complimentary Tickets Total 64280 • Special Events Expenses 65200 • Fundraising Expenses 65220 • Thrift Store Supplies 65230 • Thrift Store Sales Tax Expense 65240 • Bank Card Fees 65250 • TS - Conference Expense Total 65200 • Fundraising Expenses 65300 • Resource Development Expenses 65350 • Major Fundraiser 65400 • Minor Fundraiser 65410 • Grant Writing 65450 • RD - Conference Expense 65451 • RD - Complimentary Tickets Total 65300 • Resource Development Expenses 66100 • PROGRAM SERVICE EXPENSE 66105 • Operation School Bell 66110 • OSB Clothing 66111 • OSB - Camp Pendleton 66112 • OSB - SOS Kits 66113 • OSB Supplies 66114 • OSB Shipping & Handling 66120 • OSB Conference Expense Total 66105 • Operation School Bell 66130 • Project SMILE 66140 • Scholarships 66150 • Kids On the Block 66160 • Heart and Hand 66165 • PRO's Program Service Expense 66160 • Heart and Hand - Other Total 66160 • Heart and Hand 66170 • Operation Non -Profit Assistance 66172 • Gift In Kind - Salvation Army 66173 • Gift In Kind - Meeting Room 66174 • Gift In Kind - Miscellaneous Total 66170 • Operation Non -Profit Assistance 66175 • Operation Bear Hug 66190 • Phil Chair - Conference Expense Jun '10 - May 11 300.00 450.00 17,000.00 5,500.00 1,180.00 1,500.00 2,500.00 10,680.00 4,500.00 650.00 3,500.00 700.00 600.00 9,950.00 7,000.00 27,000.00 5,000.00 1,000.00 40, 000.00 5,000.00 3,000.00 1,000.00 1,000.00 315.00 10, 315.00 120, 000.00 5,000.00 5,000.00 2,000.00 4,000.00 1,000.00 137,000.00 1,300.00 26,000.00 200.00 5,000.00 5,000.00 10, 000.00 10, 000.00 20,000.00 4,000.00 34,000.00 3,500.00 1,000.00 Total 66100 • PROGRAM SERVICE EXPENSE 213,000.00 Page 3 9:04 AM 09/07/10 Accrual Basis Assistance League of Temecula Valley Budget Overview 2010 - 2011 June 2010 through May 2011 66200 • Auxiliaries/Standing Committees 66220 • Assisteens Auxiliary 66221 • Administration Expenses 66222 • Special Events Expenses 66223 • Fundraising Expenses 66224 • Membership Expenses 66225 • National Workshops 66230 • Assisteens Program Service Exp 66231 • Operation Book Worm 66232 • Harvest Festival 66233 • Senior Pen Pal 66234 • Peter Rabbit 66235 • Assisteens Outreach Total 66230 • Assisteens Program Service Exp Total 66220 • Assisteens Auxiliary Total 66200 • Auxiliaries/Standing Committees 68300 • Travel and Meetings 68310 • Conference - Executive Board 68311 • Conference-Mbrshp Registration 68320 • National Workshops 68330 • Chapter Circle Donation Jun '10 - May 11 350.00 2,000.00 200.00 1,725.00 1,500.00 7,050.00 800.00 900.00 1,800.00 4,260.00 14,810.00 20,585.00 20,585.00 3,000.00 4,000.00 2,000.00 200.00 Total 68300 • Travel and Meetings 9,200.00 Total Expense Net Ordinary Income Net Income 450,825.00 0.00 0.00 Page 4 ATTACHMENT VI PROFIT & LOSS June 2009 through May 2010 10:57 AM Assistance League of Temecula Valley 08/07/10 Profit & Loss Accrual Basis June 2009 through May 2010 Ordinary Income/Expense Income 40000 • Income 40100 • Refunds/Credits 40200 • Snack Jar Income 40300 • Donation Jar Income Jun '09 - May 10 0.29 296.67 573.35 Total 40000 • Income 870.31 41000 • Fundraising Revenue 41100 • Minor Event Fundraising 3,926.00 41200 • Major Event Fundraising 41201 • Tickets 9,200.00 41202 • Sponsors/Ads 5,725.00 41203 • Raffle/Auction 2,115.00 41204 • Centerpieces 285.00 41205 • Vendors 677.61 41200 • Major Event Fundraising - Other 750.00 Total 41200 • Major Event Fundraising 18,752.61 41400 • Assisteens Income 41402 • Assisteens Interest Income 41403 • Asslsteens Tea/Luncheon Income 41404 • Assisteens Income Miscellaneous Total 41400 • Assisteens Income 41500 • PRO's Income 41502 • PRO's Interest Income 41500 • PRO's Income - Other Total 41500 • PRO's Income 2.40 465.00 40.00 507.40 29.85 339.43 369.28 Total 41000 • Fundraising Revenue 23,555.29 43000 • Direct Public Support 43410 • Corporate Contributions 7,997.13 43450 • Individual Contributions 3,990.00 43470 • Donations - Restricted 1,371.00 43480 • Grants - Restricted 23,710.00 43490 • Grants - Unrestricted 5,000.00 Total 43000 • Direct Public Support 43491 • Gifts in Kind - Goods 43496 • Gifts in Kind - OSB 43497 • Gifts in kind - Salvation Army 43498 • Gifts In Kind - Meeting Room 43499 • Gifts In Kind - Thrift Store 43491 • Gifts in Kind - Goods - Other 42,068.13 11,348.60 9,010.00 20,875.00 58,458.35 3,570.50 Total 43491 • Gifts in Kind - Goods 103,262.45 45000 • Investments 45030 • Interest -Savings, Short-term CD 397.78 Total 45000 • Investments 397.78 46400 • Other Types of Income 46410 • Thrift Store Sales 316,437.21 46430 • Miscellaneous Revenue 1,249.51 Total 46400 • Other Types of Income 317,686.72 Page 1 10:57 AM Assistance League of Temecula Valley 08/07/10 Profit & Loss Accrual Basis June 2009 through May 2010 63200 • Printing and Copying 63201 • Pamphlet Printing 63200 • Printing and Copying - Other Total 63200 • Printing and Copying 63300 • Supplies 63400 • Telephone, Telecommunications 63500 • Web Site Maintenance 63600 • Copier Rental and Maintenance Jun '09 - May 10 1,576.88 911.23 2,488.11 2,841.14 3,445.04 660.00 3,495.93 Total 63000 • Administration 13,418.72 64100 • insurance 64120 • Directors and Officer: 605.00 64130 • Property Insurance 6,259.00 64140 • Gen Liability, Auto 3,377.40 64150 • Accident Insurance 857.00 64100 • Insurance - Other 831.60 Total 64100 • Insurance 11,930.00 64200 • Membership 64201 • Newsletter 64202 • Postage Newsletter 126.22 64203 • Newsletter Design & Printing 533.61 64201 • Newsletter - Other 0.00 Total 64201 • Newsletter 659.83 64210 • National Organization Dues 64215 • Education/Orientation 64220 • Roster 64230 • Membership Development 64240 • Pins & Badges 64250 • Hospitality 64251 • Hospitality - Meetings, Etc 64252 • Hospitality Supplies 64250 • Hospitality - Other Total 64250 • Hospitality 64290 • Historian 64295 • Miss Sunshine Total 64200 • Membership 64500 • Community Relations 64510 • Public Relations 64515 • Presidents Expenses 64520 • Community Ambassadors Committee 64500 • Community Relations - Other Total 64500 • Community Relations 64280 • Special Events Expenses 64281 • December Luncheon 64282 • Christmas Party Expense 64283 • May Luncheon 64284 • Parties and/or Luncheons 64280 • Special Events Expenses - Other Total 64280 • Special Events Expenses 65200 • Fundraising Expenses 65220 • Thrift Store Supplies 65230 • Thrift Store Sales Tax Expense 65240 • Bank Card Fees 65250 • TS - Conference Expense 7,252.50 473.11 511.78 2,004.18 433.89 1,800.00 197.79 5.21 2,003.00 132.68 152.50 13,623.47 1.602.39 1,276.37 1,201.66 54.13 4,134.55 4,310.80 588.91 3,491.82 240.00 50.04 8,681.57 5,899.18 25,320.13 4,193.47 1,337.45 Total 65200 • Fundraising Expenses 36,750.23 Page 3 10:57 AM 08/07/10 Accrual Basis Assistance League .of Temecula 'Valley Profit :. & Loss Juno 2000 through May 2010 Jun '09 - May 10 66300. Travel and Meetings 68310 • Conference - Executive Board 2,545.44 68320 • National Workshops 1,937.79 6$330 • Chapter Circle Donation 200.00 Total 88300 • Travel and Meetings 4,683.23 ToIafi.Etpense Itot Cretsty Income 47,477.33 • Nat18401100 47,477.33 400,414.45 Page 6 ATTACHMENT VI -B LEVERAGING 1 3 VI.B. Leveraging Funding Amount Date Type of Source Requested Available Commitment Murrieta $10,000 Request Summer OS13 CDBG 2010 Temecula `610,000 Request Summer OSB CDBG 2010 Lake Elsinore $10,000 Request Summer OS13 CDBG 2010 Riverside $50.000 Request Summer OSB County CDBG 2010 Kaiser- $5,000 Request Summer OSB Permanente 2010 ALTV $125,000 Request Summer OSB 2010 ATTACHMENT VII -A MANAGEMENT CAPACITY assistance league` Temecula Valley OPERATION SCH001. BELL' Assistance League° of Temecula Valley 'Caring and Commitment in Action' OPERATION SCHOOL BELL ® CHAIRMAN JUDY WEHRS BUYING TEAM LEADER SHEILA FISCHER BOYS BUYER: Annette Sheehy ASST BUYER: Diana Elizondo Joan Price GIRLS BUYER: Beth Torrez ASST BUYER: DebbieValenzuela ASST BUYER: Betty Nunnery SHOES/SOCKS BUYER: BUYER: Nancy Kaylor ASST BUYER: Barbara Fanelli UNDERWEAR (Boys/Girls) BUYER: Sharon Mayberry ASST BUYER: Maureen Rathburn HYGIENE KITS/SUPPLIES BUYER: Mary Ann Newport ASST BUYER: Judy Lawson BACK PACKS BUYER: Janet Kemp ASST BUYER: Jaye Devendra ADMINISTRATIVE TEAM ANN REESE Connie Marsh, Assistant SECRETARY Linda Vilgiate Diane Koirth, Asst. INVENTORY CONTROL/ CDBG DATA INPUT Carol Inman, Terry Wood Jo Ann Wasserburger Maureen Rathburn HEALTH CLERK LIAISON Schedulers: Sharon Mayberry Debbie Valenzuela Confirmer: Gerri Beidler OUTREACH TEAM LEADER KAY REID, Temecula Menifee Tammy Baker Lake Elsinore Mary Lindholm Murrieta Linda Derfelt Nurses' Kits Coordinators Mary Starr Settlemayer Joan Price OSB -1 9/10/2010 ASSISTANCE LEAGUE® OF TEMECULA VALLEY Operation School Bell Committee Judy Wehrs: Member since 2005. Retired administrator in finance. Current Operation School Bell Chairman. Positions held in this organization: Project SMILE chairman, Operation School Bell Buyer. Kay Reid: Member since 1992. Retired Teacher, Temecula Valley Unified School District. Current Outreach Team Leader for Operation School Bell, Liaison to Temecula Valley Unified School District. Mary Lindholm: Member since 2005. Current Heart and Hand Chairman for Philanthropic Program. Current Outreach Team Member and Liaison for Lake Elsinore Unified School District. Tammy Baker: Member since 2008. Current Historian and Outreach Team Member and Liaison for Menifee Union School District for Operation School Bell. Currently employed as a Photographer. Linda Derfelt: Member since 2007. Retired high school counselor. Project: SMILE chairman. Current Outreach Team member for Operation School, Murrieta Valley Unified School District. Sharon Mayberry: Member since 2009. Work experience: Retail management, personal shopper and legal assistant. Currently, Operation School Bell Student Appointment Scheduler and Buyer. Annette Sheehy: Member since 2004. Current Education Chairman. Retired Teacher. Positions held in this organization: Grants Co -Chairman, Placement/Hours, and Operation School Bell Buyer. Diana Elizondo: Member since 2004. Current Strategic Planning Chairman. Retired Teacher. Positions held in this organization: Secretary, Scholarship Chairman, Grants Co -Chairman, Grants Advisor, and Operation School Bell Buyer. Court Appointed Special Advocate for Riverside County. Mary Ann Newport: Member since 2006. Retired Registered Nurse. Current Operation School Bell Buyer. Beth Torrez: Member since 2006. Retired Teacher. Current Operation Camp Pendleton Chairman and Operation School Bell Buyer. Positions held in this organization: Operation School Bell Chairman. Debbie Valenzuela. Member since 2008. Retired Court Reporter. Positions held in this organization: Operation School Bell Buyer, Operation School Bell Student Appointment Scheduler. Ann Reese: Member since 2007. Retired Legal Assistant. Current Grants Chairman. Positions held in this organization: Secretary, Liaison to Auxiliaries Chairman, and Administration Team Leader for Operation School Bell, and served as committee member of Public Relations, Bylaws, Resource Development and Strategic Planning. Joan Price: Member since 1997. Retired speech and language therapist, preschool through 8th grade. Positions held in this organization: Current Co-chairman of Operation School Bell's "Save our Students" 1 Committee, Operations nonprofit assistance chairman, and served as committee member for resource development, co-chair hospitality, membership, scholarship, Operation School Bell. Management of Operation School Bell Fiscal year 2009/2010, Operation School Bell introduced three teams with team leaders designated: Buying Team, Administration Team, and Outreach Team. Specific job descriptions and administration duties were written as team members took ownership of their assignments. Operation School Bell is running smoothly under this new arrangement. A new automated student appointment schedule was introduced that assists the school staff in their referrals and our ability to set up appointments faster to help the students more efficiently. Each team member may spend one to ten hours per week depending what needs to be completed to assist in the school bell operations. Our Outreach Team is the newest team addition, and these members are in contact with the four school districts we serve to react quickly whenever needs arise. It was through this team, that we became aware of the need, that local schools and preschool classrooms had, for bags filled with hygiene and clothing items to meet immediate needs of their students. Caring and Commitment in Action. 2 VILA. Management Capacity Source Activity Year Allocation AMT Expended County CDBG OSB 2009-2010 $19,210 $19,210 Supervisor Jeff Stone OSB 2009-2010 3`d District CID Fund $5,000 $5,000 Wells Fargo Bank ALTV Kohl's Dept. Store Chevron Employee Fund OSB OSB OSB OSB 2009-2010 $300 $300 2009-2010 $133,000 $133,000 2009-2010 $3,500 $3,500 2009-2010 $600 $600 ALTV OSB 2008-2009 $125,000 $125,000 County CDBG OSB 2008-2009 $12,200 $12,200 Kaiser Permanente OSB 2008-2009 $2,500 $2,500 Sam's Club OSB 2008-2009 $500 $500 Supervisor Jeff Stone OSB 2008-2009 3`d District CID Fund $10,000 $10,000 ALTV OSB 2007-2008 $135,000 $135,000 Kaiser Permanente OSB 2007-2008 $5,000 $5,000 ALTV County CDBG City of Temecula CDBG OSB City of Lake Elsinore CDBG OSB Kaiser Permanente OSB OSB ALTV County CDBG City of Murrieta CDBG OSB OSB OSB OSB 2006-2007 $134,000 $134,000 2006-2007 $29,982 $29,982 2006-2007 $5,000 $5,000 2006-2007 $4,000 $4,000 2006-2007 $5,000 $5,000 2005-2006 $132,400 $132,400 2005-2006 $37,500 $37,500 2005-2006 $12,500 $12,500 EDA USEONLY PROPOSAL NUMBER REVIEWER DOCUMENT STAMP DATE RECEIVED: COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT' PIwGIZAM. 2011- 2012 APPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: Boys & Girls Clubs of Southwest County Location: 28790 Pujol Street City: Temecula Zip Code: 92590 Mailing Address: P.O. Box 892349, Temecula, CA Zip Code: 92589 Telephone Number: (951) 699-1526 Fax Number: (951) 699-4273 Executive Director: Maryanne@bgcswc.org Telephone Number: (951) 699-1526 E-mail: Maryanne@bgcswc.org Program Manager: Rhonda Guaderrama Telephone Number: (951) 699-1526 1; -mail : Rhondag@becswc.org Address (If different from above): Grant Writer: Rhonda Guaderrama Telephone Number: (951) 699-1526 E-mail: Rhondag@becswc.org II. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization) Date Organization founded: 1990 Date Organization incorporated as a non-profit organization: September 4, 1990 Federal identification number: 33-0475756 State identification number: 1671809 Number of paid staff: 63 Number of volunteers: 500 ATTACH: Current Board of Directors (Label as Attachment LA) Articles of Incorporation and By -Laws (Label as Attachment 1.13) 4 III. PROJECT ACTIVITY: CDBG Funds Requested: $ 30,000 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment II Project Activity) ❑ Countywide (check if project will serve multiple districts and/or cities). City (ies): Temecula Community (ies): All Regions: Other: What Supervisorial District does the activity occur within? Region 3 NOTE: EDA will make the final determination of the appropriate service area of all proposals. Clieck ONLY the applicable category your application represents. ❑ Real Property Acquisition 11 ® Public Service ❑ Housing Rehabilitation/Preservation (please provide picture of structure) ❑ Public Facilities Improvements (construction) ❑ Other: (provide description) IV. PROJECT NARRATIVE: A. Name of Project: The Learning Connection Specific Location of Project (include street address; if a street address has not been assigned provide APN) Street: 28790 Pujol Street & 31465 Via Cordoba City:Temecula Zip Code: 92590 & 92592 APN: Attach maps of proposed project(s) location and service area. 5 B. Provide a detailed Project Description. "I'he description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary - Attachment III Project Description) The Boys & Girls Clubs of Southwest County - Old Town Temecula and the Pechanga Great Oak Clubhouses - is requesting a $30,000.00 ($15,000.00 per Clubhouse) grant to provide an urgently needed before & after school program to underserved youth in the City of Temecula. The funding will be used for a scholarship program for low-income families. Both Clubhouses will provide programming, sports leagues and transportation for youth ages 6-18. The two facilities are open from 6:30 AM to 6:30 PM, Monday through Friday. The grant will provide scholarships for a whole year to 30 low- income children who might otherwise be unattended at home. Scholarships are provided on a sliding fee scale based on income and family size. Today after school, more than 29,000 students in Temecula will leave their school. Some will go home to a parent, some will go to an after-school program but the vast majority will go it alone. Research from the Department of Justice shows that the number of youth - related crime doubles between 3:00 and 8:00 pm. During these unsupervised hours, our youth are at risk facing challenges such as violence, access to drugs, alcohol and sexual activity. In fact, during the past 3 to 5 years, the County has experienced a significant increase in juvenile crime, as well as teen alcohol and drug use. Juvenile crimes are generally committed in the hours just after school when youth lack supervision. According to research conducted by the Office of Juvenile Justice and Delinquency Prevention, "Violent crimes with juvenile victims peaked between 3 p.m. and 4 p.m.," (http://ojjdp.ncjrs.org). National statistics and daily headlines make it clear that providing after school programs and services is critical for our youth. The BGCSWC is working to help reduce youth crime by providing meaningful after school programs that include essential character and leadership development programs. According to the Living Proof Harris survey of Boys & Girls Clubs' alumni completed in 2007, 67% of the youth survey felt that the Club helped them avoid difficulty from the law and 85% stated that it taught them right from wrong and most compelling of all 57% of alumni said the Club saved their life. All programs offered at the Boys & Girls Club are designed to increase the self-esteem of members who participate. The Boys & Girls Clubs of Southwest County (BGCSWC) incorporates the Boys & Girls Clubs of America's youth Development Strategy known as B.U.I.C. into all of its programs. The agency uses this strategy to promote the development of young people by instilling a sense of Belonging, Usefulness, Influence and Competence. When this strategy is fully implemented, an environment is created which helps boys and girls achieve their full potential as productive, responsible and caring citizens. Activities are offered in the following core program areas: Character and Leadership, the Arts, Health and Life skills, Education and Technology and Sports and Recreation. These programs develop skills in getting along with others, problem solving, communication, goal setting, and decision-making. Through social and recreational activities, members will have fun while acquiring self-confidence and skills in developing interpersonal relationships. Special activities for teens include career exploration, the arts, money management skills, technology activities, decision making skills, public speaking, and discussions regarding important issues such as drug use, sexual activity and alcohol abuse. 6 The Learning Connection will also provide valuable tools that children need to be successful: a. A safe place to learn and grow. b. Ongoing relationships with caring, adult professionals. c. Life -enhancing programs and character development experiences. d. Positive self-identity. e. Community and civic involvement. f. Health and well-being The Learning Connection program is supportive of our agency's mission statement, to inspire and enable all youth to realize their full potential as productive, responsible and caring citizens by providing stimulating and challenging programs through interactions with dedicated, caring people. C. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): The Boys & Girls Clubs of Southwest County's Old Town & Pechanga Great Oak Clubhouses are requesting a grant to provide an urgently needed before and after school program to underserved youth in Temecula. The funding will be used to provide finanacial scholarships to families in need. The grant will provide scholarships for 30 low-income children (depending on individual financial need) for a whole year. Scholarships are provided to those most in need based on income level and family size. All grant funding will be spent on scholarships to directly benefit the youth of Temecula. D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: 30 NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activities or service (weeks, months, year): 1 year Unduplicated number of clients/persons projected to serve (e.g., 25 clients, 50 seniors): 30 Units of service (Example: 25 clients x 10 visits = 250 units of service): 360 Service will be provided to (check one or more): ❑ Men ❑ Women ® Children ❑ Men/Women Range of children's ages: 6-18 ❑ Men/Women/Children ❑ Families ❑ Seniors ❑ Severely Disabled Adults ❑ Migrant Farm Workers ❑ Homeless Number of beds of facility: Anticipated number of "new" beds: Length of stay (if residential facility): 7 E. What are the goals and objectives of the project, service, or activity? I-Iow will you measure and evaluate the success of the project to meet these goals and objectives (measures should be both qualitative and quantitative)? The Learning Connection before and after school program was developed to meet the needs of our community in addressing the problem of "latch key" children. Statistics show that Temecula is among the top 20 fastest growing cities in the state based on both the number of residents and the percentage of growth. Statistics show that from 2000 to 2008 the city's population skyrocketed from 57,716 to 101.057. This growth has outpaced available youth resources. The Boys & Girls Clubs help to fill the gap in youth programming and services.Our before and after-school programs allow parents to enter and remain in the workforce. Beyond the obvious economic impact to parent is the peace of mind that comes with knowing that their children are in a safe, positive place. Approximately 55% of the community commutes to neighboring cities for employment and approximately 40% (40,422) of the city's residents are under 19. That leaves a significant number of children that need care before and after school. According to the Department of Justice, nearly half of all juvenile crimes occur during weekdays between 2 p.m. and 8 p.m. Children are at greater risk of being victims of violent crime in the four hours after the end of the school day, roughly 2 p.m. to 6 p.m. The primary reason for children being home alone after school is lack of access to convenient, safe facilities at a reasonable cost. Currently, the BGCSWC transports 200 children daily at the Old Town and Great Oak Clubhouses and there in 2008, more than 4,200 Temecula youth were served overall. With a $20 membership, youth can participate in all Club programs and activities Monday through Friday from 2:30 PM to 6:30 PM. With this membership, youth have access to a variety of the life enhancing programs described above designed to help them reach their full potential in life. Before school care, sports leagues, holiday camps and transportation from the Clubhouse to school and back again are available for an additional fee. No child is turned away due to the inability to pay. To ensure that all who need our services have access, BGCSWC provides financial scholarships based on income level and family size. We award over $320,000 in scholarships annually for transportation to and from school, day camp and sports programs. Unlimited scholarship assistance is designed to allow families facing financial barriers access to our valuable programs. Approximately 80% of the Club members enrolled in the before & after school program receive scholarships. All other participants are subsidized as the cost per child is over $350.00 per month and we only charge $300.00 per month for our transportation services. The participant subsidy funds come from fund raisers, grants and community contributions received annually by the Boys & Girls Clubs of Southwest County. The need for scholarship assistance in Temecula is great and we anticipate the need will grow in the upcoming year and we will continue to turn no child away.. With this grant: BGCSWC will provide 30 youth scholarships to attend the Temecula Clubhouses The Boys & Girls Clubs of Southwest County's Old Town and Pechanga Great Oak Clubhouses will use sign -in sheets to track attendance and participation in specific activities. Our web -based KidTrax data management system is used to track enrollment and average daily attendance of youth at our clubhouses. In addition, the BGCSWC will conduct pre and post test surveys in all core BGCA programs. This will help us to track changes in behavior, skill and knowledge as a result of participation in our programs. Information collected in the 8 surveys will be used to improve our effectiveness, to report to our Board of Directors, funders and supporters. F. Discuss how this project directly benefits low- and moderate- income residents. The funds requested from the Community Development Block Grant would be used only to provide scholarships for those children whose families are unable to afford the full cost of before and after school programs, summer, winter and spring camps and athletic leagues. The Temecula CDBG grant would be used for Temecula residents who are not covered by any other funding source. HUD income guidelines provided by the County of Riverside will be used to determine if the family income is low or extremely low. G. Respond to A & B only if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes ❑ No (b) If service is not new, will the existing public service activity level be substantially increased or improved? As the economy has worsened over the past year, the Boys & Girls Clubs of Southwest County has seen a 40% increase in scholarship applications. While need for financial assistance has gone up, available resources have gone down. We anticipate serving a the same number of clients as previous years with CDBG funds, but anticipate funding them at a higher scholarship level. I-1. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? The BGCSWC will use innovative recruitment and referral programs to attract low income and/or at -risk youth to the Club. The BGCSWC's Temecula Clubhouses will utilize their comprehensive network with other non -profits, schools, law enforcement and other community organizations. The BGCSWC will also market the program via print and electronic media, Facebook and the Web site. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? The BGCSWC has been serving the underserved youth of Riverside County for 20 years. The The Boys & Girls Clubs of Southwest County's Old Town and Pechanga Great Oak Clubhouses served more than 3,000 youth in 2009. Many of those youth directly benefitted from the scholarship program. The BGCSWC has continued to expand its operations each and every year since 1990, going from serving a few dozen youth in 1990 to almost 7,000 in 2009. V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: CATEGORY 1: Benefit to low -moderate income persons (must be documented). Please choose either subcategory A, B, or C. A. Area Benefit: 9 The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT BG CT BG CT BG CT BG CT BG CT BG # Total population in Census Tract(s) / block group(s) # Total low -moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will provide documentation of their family size, income, and ethnicity. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low -moderate income persons. The BGCSWC's Temecula Clubhouses will document need by using "B" Limited Clientele Method. The BGCSWC's The Boys & Girls Clubs of Southwest County's Old Town and Pechanga Great Oak Clubhouses will require income verification at the time of application for a scholarship. We will require a copy of the last two current pay stubs and a copy of the previous year's federal tax return, verification of social services benefits and a letter of need. We will use the County of Riverside's financial guidelines for the CDBG program (as prescribed through the EDA) and require current CDBG paperwork to be completed at the time of application. This information will be updated at least once per year for all participants. C. Clientele presumed to be principally low- and moderate -income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) ❑ Abused children ❑ Battered spouses 111 Elderly persons ❑ Severely disabled adults Describe your clientele to be served by the activity. ❑ Homeless persons ❑ Illiterate adults ❑ Persons living with AIDS ❑ Migrant Farm workers CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? Yes ❑ No ❑ If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label as Attachments: IV Category 10 2, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label as Attachments: V Category 3, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2011. If your proposed CDBG- funded activity will start on a date other than July 1, 2011, please indicate starting date. If these budget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: The Valley Senior Center is requesting funding of a new Senior Nutritional Program. The total cost of the program is $15,000. A total of $10, 000 in CDBG funds is being requested for operating expenses associated with the proposed activity. Other non-CDBG funding will be used to pay pick-up the remaining costs for the program). TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED I. Personnel A. Salaries & Wages $ $ B. Fringe Benefits $ $ C. Consultants & Contract Services $ $ SUB -TOTAL $ $ II. Non -Personnel A. Space Costs $ B. Rental, Lease or Purchase of Equipment $ $ C. Consumable Supplies $ $ D. Travel $ $ E. Telephone $ $ F. Other Costs 56.,oW :,C`j $100,000 SUB -TOTAL: $ $ III. Architectural/Engineering Design $ $ IV. Acquisition of Real Property $ 11 $30,000 V. Construction/Rehabilitation VI. Indirect Costs $ $ $ $ TOTAL: $ $ B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI -A, Exhibits I, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Funding Source Amount Requested Date Available Type of Commitment United Way 30,000 7/1/2011 1 year C. Provide a summary by line item of your organization's previous year's income and expense statement (Attachment VI -B, Exhibits 1, 2, etc.). D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes ❑ No El If yes, identify sources and indicate outcome. If no, please explain Separate CDBG requests are made for Clubs located in other cities. This project is specifically for the Temecula Clubhouses. E. Was this project previously funded with CDBG funds? Yes ® No ❑ If yes, when? The program was funded originally in 1995 and was funded continuously with CDBG funds until fiscal year 2010-2011, when we did not receive Temecula CDBG funds Is this activity a continuation of a previously funded (CDBG) project? Yes ® No ❑ If yes, explain: 12 The Learning Connection is an ongoing program of the Boys & Girls Clubs of Southwest County. The organization is committed to providing financial scholarships to all families in need. VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source Activity Year Allocation Amount Expended CDBG Scholarship funds 1995- 2010 $5,000 - $25,000 All funds are generally expended within 6 months. United Way Scholarship funds 2000 - 2010 $30,000 - $60,000 per year All funds are generally expended within 6 months B. Management Systems Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? The Boys & Girls Clubs of Southwest County has a strong organizational infrastructure to support the organization's programs and initiatives. There are written policies and procedures in place for all organizational operations. The organization employees a full-time CFO and all agency finances are reviewed monthly by the Board of Directors. The Club has been providing programming since 1991. Funding for the Boys & Girls Club is a mixture of program fee income, grants, event income and private donations. C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII -A, Exhibits 1, 2, etc). 13 D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE START DATE COMPLETION DATE Scholarships for low income 7/1/2011 6/30/2012 children to attend our before and after school programs. 14 APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): Litt 1. The information contained in the project application is complete and accurate. 2. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. 3. The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of local, (NON-CDBG) financial support for community development activities. ma._ 4. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. 5. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. 6. On behalf of the applying organization, 1 have obtained authorization to submit this ` application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). DATE: k2 ji`4/Io Print Name/Title Authorized Representative: 15 S, eo Applicant's Check -list: The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE. Yes NO ❑ ❑ ❑ 0 ® ❑ ATTACHMENT 1. Board of Directors 2. Articles of Incorporation and 13ylaws 3. Project Activity Map 4. Project Description b od y 4 1 1 f 5. Project Benefit, Category 2. Slum Blight Documentation 6. Project Benefit, Category 3, Urgency 7. Leveraging 8. Income and Expense Statement 9. Management Capacity 10. Board Written Authorization approving submission of application 16 Index of attachments Board of Directors Articles of Incorporation and by-laws Project Activity Map Leveraging Income/Expense Statement Management Capacity Organizational chart Board approval of application Attachment I.A Attachment 1.6 Attachment II Attachment VI -A Attachment VI -B Attachment VII -A, exhibit 1 Attachment VII -A, exhibit 2 Article I.A Board of Directors BOYS & GIRLS CLUBS OF SOUTHWEST COUNTY 2010 Board of Directors LA Amy Minniear - Chair 34266 Quintessa Ct Temecula, ca 92592 Ted Kristensen- 2nd Vice Chair Enterprise Electric Datacom 42625 Rio Nedo Temecula, CA 92590 Adria Poindexter- Secretary Near- Cal Corp. 512 Chaney Street Lake Elsinore, Ca 92530 Office: Fax: Home: Cell: E -Mail: (951) 693-9874 (951) 234-2151 minniears(a�verizon.net Office: Fax: Home: Cell: E -Mail: (951) 296-1530 (951) 296-1531 (951) 676-2729 (951) 538-6849 tkristensen c(�enterprisecompany.com Greg Prudhomme - Treasurer Kuebler, Prudhomme & Co. CPAs 43460 Ridge Park Dr., Ste. 220 Temecula, CA 92590-3691 Office: Fax: Home: Cell: E -Mail: (951) 245-5400 (951) 245-5408 (951) 600-1124 (951) 265-1815 Lundy697Verizon.net Rob Crisell Lee & Associates Commercial Real Estate 25240 Hancock Avenue, Suite 100 Murrieta, CA 92591 Office: Fax: Home: Cell: E -Mail: Office: Home: Cell: E -Mail: (951) 676-3131 (951) 676-4141 (951) 587-0285 (951) 972-2143 GPrudhomme cni PrudhommeCPAs.com 951-445-4513 951-506-3949 951-551-5338 crisell@roadrunner.com Nathan Garn Parks & Oberhansley 27250 Via Industria, Suite B Temecula, Ca 92590 Office: Fax: Home: Cell: E -Mail: (951) 699-4200 • (951) 699-1200 (951) 696-0918 (951) 694-2595 ngarn(ftotemecula.com Terry Gilmore Paradise Chevrolet Cadillac P.O. Box 9036 Temecula, CA 92589 Office: Fax: Home: Cell: E -Mail: (951) 699-2699 (951) 693-1022 (951) 696-0214 (951) 326-5037 tgilmore(a�paradiseautos.com 1 Bruce Kessman Storm Events/Diamond Stadium Group 500 Diamond Dr. Lake Elsinore, Ca 92530 Jeff Kurtz The Promenade Mall 40820 Winchester Rd, Suite 2000 Temecula, Ca 92591 Office: Fax: Home: Cell: E -Mail: (951)245-4487 (951)245-0305 (951) 301-9098 (951)712-7237 bkessman@stormbaseball.com Office: Fax: Home: Cell: E -Mail: (951)296-0979 (951) 296-0973 (951) 413-1772 (951) 294-8395 JeffKurtz a(�forestcity.net Brent Lowe Morgan Stanley Smith Barney 27720 Jefferson Ave #100C Temecula, Ca 92590 Scott McIntire Merrill Lynch/Bank of America 27450 Ynez Rd #200 Temecula, Ca 92591 Karen Roberts Kaiser Permanente 11080 Magnolai Avenue Riverside, Ca 92505 Office: Fax: Home: Cell: E -Mail: (951) 506-7335 (951) 694-9364 (951) 461-9752 (619) 987-7223 brent.lowe@ms.com Office: Fax: Home: Cell: E -Mail: (951) 695-6616 (951) 256-4159 (951) 789-6189 (951) 966-9049 scott mcintire@ml.com Office: Fax: Home: Cell: E -Mail: Silvia Provenzano Toyota of Temecula Valley 26631 Ynez Rd Temecula, Ca 92591 Wim Selders PDS Consulting LLC P.O. Box 893940 Temecula, CA 92589 Mike Shirley P.O. Box 890626 Temecula, CA 92589-0626 Office: Fax: Home: Cell: E -Mail: (951) 602-4124 (951) 602-4125 (951) 845-0174 (951) 403-7478 karen.s.roberts@,kp.org (951) 256-3100 (951) 694-3926 (951) 677-9567 (951) 375-0531 sprovenzano@tovotas4u.com Office: Fax: Home: Cell: E -Mail: (951) 506-6264 (951) 506-6267 (951) 816-5051 wseldersearthlink.net Office: Fax: Home: (951) 970-5400 E -Mail: mas2112@dmail.com 2 Joan Sparkman Temecula Valley Bank 27710 Jefferson Avenue Temecula, CA 92590 Mark Stringer Wells Fargo Bank 25240 Hancock Avenue, Suite 420 Murrieta, CA 92562 Viet Tran Southern California Edison 24487 Prielipp Dr Wildomar, Ca 92595 Timothy Ure U.S. Bank 27280 Jefferson Ave., Suite 101 Temecula, CA 92590 Kimjera Whittington Liquid Energy Ventures LLC. 39252 Winchester Road #107-339 Murrieta, Ca 92563 Alan Winkelstein, OD Temecula Valley Optometry 30520 Rancho California Road, Ste. A106 Temecula, CA 92591 Office: Fax: Home: Cell: E -Mail: Office: Fax: Home: Cell: E -Mail: (951) 506-1052 (951) 694-9194 (951) 677-8244 (951) 704-0423 jsparkmantemvalbank.com (951) 816-3781 (866)708-9619 (951) 526-2104 (310) 804-5757 mark. stringer a(�wellsfargo.com Office: Fax: Home: Cell: E -Mail: (951) 249-8466 (951) 249-8653 (310) 970-2618 (310) 970-2618 Viet.Transce.com Office: (951) 296-1872 Fax: Home: (951) 506-2530 Cell: (951) 201-0533 E -Mail: timothv.uree.usbank.com Office: Fax: Home: Cell: E -Mail: Office: Fax: Home: Cell: E -Mail: (951) 894-2233 (951) 894-2234 (951) 894-2233 (951) 235-1690 whittv26(a�verizon. net (951) 676-9465 (951) 694-5716 (951) 303-3710 (951) 265-1044 amwinkelsteinCa�gmail.com 3 Article 1.6 Articles of Incorporation ByLaws 1671809 ARTICLES OF INCORPORATION I I.B ENDORSED FILED In !ha office of be Sao1*agof State of the stats of Caffomle AUG 27 ?EO MARC 4FONG State The name of this corporation is BOYS & GIRLS CLUB OF TEMECULA II A. This corporation is a non profit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. B. The specific purpose of this corporation is to organize and provide for a boys and girls club needed to allow the youth and young adults in the Temecula community to succeed and to have an alternative for young adults in the Temecula area, within the meaning of Section 501 (c) (3) provision of any future United States Internal Revenue law notwithstanding any other provision of these Articles, this corporation shall not, except to an insubstantial degree, engage in any activities or Exercise any powers that are not in furtherance of the purpose of this corporation, and the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from the Federal income tax under Section 501 (c) (3) of the Internal Revenue Code of 1954 or the corresponding provisions of any future United State Revenue law, or (b) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954 or the corresponding provision of any future United States internal revenue law. III The name and address in California of this corporation's initial agent for service of process is: Leigh Engdahl 41859 Corte Selva Temecula, Ca. 92390 IV A. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and this corporation shall not participate in or intervene in (including publishing or distributing statements) any political campaign on behalf of any candidate for public office. 1 i.B B. The property of this corporation is irrevocably dedicated to charitable purposes, as set forth in Article Two above. No part of the net earnings of this corporation shall inure to the benefit of its directors, trustees, officers, private shareholders or members, or too any individual. C. On the winding up and dissolution of this corporation, after paying or adequately providing for the debts and obligation of the corporation, the remaining assets of this corporation shall be distributed to an organization organized and operated exclusively for charitable purposes and that is tax exempt under Section 501 (c) (3) of the Internal Revenue Code of 1954. D. This corporation in organized and operated exclusively for Charitable and educational purposes within the meaning of Section 502 (c)(3) of the Internal Revenue Code. E. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on (1) by a corporation exempt from federal income tax under section 501 (c)(3) of the Internal Revenue Code or (2) by a corporation contributions to which are deductible under Section 170 (c)(2) of the Internal Revenue Code. V The names and addresses of the persons appointed to act as the initial directors of this corporation are: Michael W. Donaldson 31240 Calle Felicidad Temecula, Ca. 92390 Ronald Parks 30514 Colina Verde Temecula, Ca. 92390 Timmy Daniels 28260 Via Princessa #C Temecula, Ca. 92390 Leigh Engdahl 41859 Corte Selva Temecula, Ca. 92390 2 113 Date: August 25, 1990 Michael W. Donaldson, Incorporator Ronald Parks, Incorporator Timmy Daniels;— ntorporator Ca. Leigh ngdahl, Incorporator We, the above mentioned initial directors of this corporation, hereby declare that we are the persons who executed the foregoing Articles of Incorporation, which execution is our act and deed. CIM _J4% iael W. Donaldson, Incorporator and Director 31240 Calle Felicidad Temecula, Ca. 92390 x4,e4-(t_ Ronald Parks, Incorporator and Director 30514 Colina Verde Temecula, Ca. 92390 Timmy Dani ls, Incorporator and Director 28260 Via P incessa 4C Temecula, Ca. 92390 Leigh n dahl, Inlcorporator and Director 41859 Corte Selva Temecula, Ca. 92390 3 1.B BYLAWS OF BOYS AND GIRLS CLUB OF T11ECULA ARTICLE 1 Purposes and Limitations Section 1. General Purposes. The objectives of this corporation shall be: (a) To foster and promote the physical, social, educational, vocational and character development of boys and girls, especially those living in or near the Temecula Valley. (b) To meet at all times the Requirements for Membership of the Boys and Girls Clubs of America, incorporated under federal law. Section 2. Limitations. This corporation is a non-profit public benefit corporation and is not organized for the private gain of any person. It is organized under the Non-profit Public Benefit Corporation Law for charitable purposes. The corporation is organized exclusively for such purposes and shall satisfy the requirements of: (a) Section 501 (c) (3) of the Internal Revenue Code of the United States; (h) Section 23702 (cl) of the California Revenue and Taxation Code; and (c) Section 214 of the California Revenue and Taxation Code. 1 I.B In particular, no part of the net income or assets of the corporation shall ever inure to the benefit of any director, officer, or private person; no substantial part of the activities of the corporation shall consist of carrying on propaganda or otherwise attempting to influence Legislation; and the corporation shall not participate or intervene in any political campaign (including the publication or distribution of statements) on behalf of any candidate for public office. The property of the corporation is irrevocably dedicated to the above -stated purposes. Upon dissolution of winding up of the corporation, its assets remaining after payment, or provisions for payment, of all debts and liabilities of this corporation, shall be distributed to a non- profit fund foundation or corporation which is organized and operated for the specific and primary purpose set forth hereinabove and which has established its tax exempt status under Section 501(c) (3) of the Internal Revenue Code and Section 23701 (d) of the Revenue and Taxation Code. If this corporation holds any assets in trust, such assets shall be disposed of in such manner as may be directed by decree of the Superior Court of the county in which the corporation has it principal office, upon petition therefor by the Attorney General or by a person concerned in the liquidation, party. in a proceeding to which the Attorney General is a 2 Section 1. ARTICLE II Offices Principal Office. 1.6 The principal office of the corporation is hereby located in the City of Temecula, County of Riverside, State of California. The exact location is to be determined by the Board of Directors. Section 2. Other offices. The corporation may have such other offices, either within or without the State of California, as the Board of Directors may determine or as the affairs of the corporation may require from time to time. ARTICLE III 11embership There shall be no voting "members" of the corporation and all voting and other rights ordinarily vested in a corporate membership shall be vested in the Board of Directors in accordance with the California Non-profit Public Benefit Corporation Law. Non-voting youth and other club memberships may be created, granting privileges and subject to terms and conditions as specified by the Board of Directors. ARTICLE IV Board of Directors Section 1. Powers. Subject to limitations imposed by law of the Articles of Incorporation, the affairs of the corporation shall be managed, and all corporate powers of the corporation shall be exercised, by the Board of Directors (hereinafter referred to as "the Board.") Such powers shall include, but shall not be 3 LB limited to, the powers to establish the policies of the corporation, have general control of all officers and committees, and to approve all financia]. transactions. The Board may delegate the management of the activities of the corporation to any person or persons, management company, or committee however composed, provided that the activities and affairs of the corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board. Section 2. Number of Directors. The authorized number of directors at any time shall be an odd number not less than nine (9) and not more than twenty-five (25). The exact number of authorized directors shall be fixed, within the limits specified, by act of the Board. Section 3. Compensation- Limitation on .Eligibility. No director may receive compensation for services as a director. No more than forty-nine percent (49%) of the persons serving on the Board may be interested persons. An "interested person" is any person: (a) Compensated by the corporation for services rendered to the corporation within the preceding twelve (12) months; or (b) Related to such a compensated person as bother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law or. daughter-in-law. Section 4. Terni of Office. Directors shall be elected by the Board at duly held annual meetings of the Board at which a quorum is present. The term of office for each such elected 4 LB director shall be two (2) years, commencing at the close of the election. One-half (1/2) of the authorized number of directors, or as near thereto as numerically possible, shall be elected each year. The candidate for each position receiving the highest number of votes is elected. Vacancies in the Board, whether arising by way of death or incapacity, resignation, or removal of an existing director, or by failure to elect the full authorized number of directors, or by an increase i. the authorized number of directors, or for any other cause, may be filled by election by the Board at a duly held meeting at which either a quorum or a majority of the directors then in office is present. Each director so elected shall hold office until the end of his or her term and until his or her successor is elected, or until he or she resigns or is removed from the Board. A director may succeed himself or herself in office for a maximum of two years. Section 5. Removal. Except as otherwise provided by law, a director may be removed from office, with or without cause, only by resolution of the Board approved by a majority of the number of directors then in office, at a duly held special meeting at which a quorum is present. Section G. Resignation. Any director may resign at any time by giving written notice to the President or First Vice President and, if the resigning director is the only director, to the Attorney General. Any such resignation shall take effect on the date of receipt of such notice or at any permissible later time 5 LB specified therein. Unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 7. Regular Meetings. Regular meetings of the Board shall be held, without the necessity of notice, on the first Thursday of each month, at 12:00 p.m., or at such other time as the President may set by giving notice thereof. The "annual meeting" shall be such regular meeting for the month of September. Section B. Special Meetings. Special meetings of the Board, for any purpose or purposes, may be called at any time by the President, the First Vice -President, or any three (3) directors. Section 9. Place of Meetings. 1•leetings of the Board may be held at any place designated from time to time by act of the Board. In the absence of such designation, meetings shall be held at the principal office of the corporation. Section 10. Notice of Meetings. Notice of the time and place of each meeting of the Board for which notice is or must be given shall be given to each director by one of the following methods: (a) By personal delivery of written notice; (b) By first-class mail, postage paid; (c) By telephone communication, either directly to the director or to a person who would reasonably be expected to communicate such notice promptly to the director; or (d) By telegram, charges prepaid. G l.B All such notices shall he sent to the director's address or given at the director's telephone number as shown on the records of the corporation. Notices sent by first-class mail shall be deposited into a United States mail box at least four (4) days before the time set for the meeting. Notices given by .personal delivery, telephone or telegraph shall be delivered at least forty-eight (48) hours before the time set for the meeting. The notice need not state the purpose of the meeting. Section 11. lleetinus by Telephone. Directors may participate in and thereby "attend" any meeting of the Board through the use of conference telephone or similar communications equipment, so long as all directors participating in such meeting can hear one another. Section 12. Quorum. The smaller who.le number which is not less than one-half {1/2) of the attfi,hcrrized number of directors shall constitute a quorum of the Board. Section 1.3. Acts of the Board. Except as otherwise stated in the Articles of Incorporation, these Bylaws, or the law, the following are the only valid exercises of the corporate authority vested in the Board: (a) (Basic Rule) Every act, resolution, or decision approved by a majority of the directors present at a duly held meeting of the Board at which a quorum is present; and {b) _Majority of Quorum Rule) Every act, resolution, or decision approved by at least a majority of a quorum at a duly held meeting at which a quorum is initially present, but as to which 7 I.B the withdrawal of directors therefrom reduces the number present below a quorum. Section 14. Action Without Meeting. Any action required or permitted to be taken by the Board may be taken without a meeting if all directors individually or collectively consent in writing to such action and such written consent or consents are filed with the minutes of the proceedings of the Board. Such action shall have the same force and effect as the unanimous vote of such directors at a duly held meeting. Section 1. ARTICLE V Committees Executive Committee. At the discretion of the Board, there may be an Executive Committee of the Board which shall, subject to review by the Board, exercise all of the powers of the Board, except as hereafter stated. Each director of the corporation who is the President, First Vice President, Second Vice President, Secretary, Treasurer and the Immediate Past President shall be a member of the Executive Committee. One half (1/2) of the members of the committee shall constitute a quorum. Otherwise, meetings of the Executive Committee shall be held in accordance with rules stated in Section 8 through 16, inclusive of Article IV. The Executive Committee of the Board shall not have authority with respect to any of the following matters: (a) The election or removal of a director or executive committee member or the filling of vacancies on the Board; B (ID) The fixing of compensation of a director as emp1k'ee of the corporation; (c) The amendment or repeal of any resolution of the Board which by its express terms is not so amendable or repealable; (d) the expenditure of corporate funds to support a nominee for director after there are more people nominated for director than can be elected; (e) the amendment of the Article of Incorporation; (f) The approval of a wile or contract of sale of substantially all the assets of the corporation not in the regular course of business; (g) The election of the corporation voluntarily to dissolve. Section 2. Additional Committees. The Board, Executive Board, or any officer may establish other committees for any specified purpose within the authority of the party establishing the committee and may appoint as members thereof such persons as are deemed appropriate. All such committees shall report their actions and recommendations to the party establishing the committee. Such other committees may not exercise the authority of the Board. ARTICLE VI Officers of the Corporation Section 1. Officers. The corporation shall have a President, First Vice President, Second Vice President, Secretary and a Chief Financial Officer (the "Treasurer"). Each of such officers shall be a director, shall be appointed by the Board, and shall perform 9 the duties specified in these Bylaws. 1.B Section 2. Appointment and Term of Office. Officers required to be appointed by the Board, shall he appointed at the annual meeting of the Board following the election of directors. If such a meeting is not held or if the officers are not appointed at such a meeting, such appointment may take place at a subsequent special meeting of the Board called for that purpose. Officer shall serve until the next annual meeting of the Board and until their successors are appointed, or until they resign or are removed or disqualified from serving as officers. Section 3. Removal, Resignation and Vacancies . Shall be the same as Article IV, sections five (5) and six (5). Section 4. President. Subject to the control of the Board, the President shall have general supervision, direction and control of the affairs of the corporation. The President shall preside at all meetings of the Executive Committee of the Board and all meetings of the Board. The President shall have such other powers and duties as may be directed by the Board. Section 5. Vice Presidents. The First Vice President and the Second Vice President shall assist the President in the performance of the President's duties. In the absence of the President, the First Vice President (and in the absence of the First: Vice President, the Second Vice President) shall perform all of the functions of the President, and when so acting shall have all the powers of and be subject to all restrictions upon the President shall not have such other powers and perform such other duties as 10 may be prescribed by the Board. I.B Section G. Secretary. The Secretary shall attend all meetings of the Board, keep or cause to he kept the books and records of the corporation, and shall give, or cause to be given, notice to directors of all meetings of the Board. The Secretary shall have such other powers and perform such other duties as may be directed by the Board. Section 7. Treasurer. The Treasurer shall receive and safely keep all funds of the corporation and deposit them in the bank or banks designated by the Board and shall disburse the funds of the corporation only as authorized by the President or the Board and only upon checks of the corporation signed by any two officers, or such other person as the Board may specify by resolution. The Treasurer shall keep and maintain current books and records of account of the corporation, and shall render to the President and to the Board, upon request, an account of all transactions by the Treasurer and of the financial condition of the corporation. The Treasurer shall have such other powers and perform such other duties as may be prescribed by the Bylaws and by act of the Board. ARTICLE VII Responsibilities of Management Section 1. General Standard of Conduct for Directors. Except as otherwise provided by law: (a) li director shall perform the duties of a director, including duties as a member of any committee of the Board upon which the director may serve, in good faith, in a manner such 11 director believes to be in the best interests of the corplc ation and with such care, including reasonable inquire, as an ordinarily prudent person in a like position would use under similar circumstances. (b) In performing the duties of a director, a director shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by: (1) One or more officers or employees of the corporation whom the director believes to be reliable and competent in the matters presented; (2) Counsel, independent accountants or other persons as to matters which the director believes to be within such person's professional or expert competence. Section 2. Self Dealing Transactions. A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest. Such self-dealing transactions are not permitted, unless, the transaction is for the benefit of the corporation and is fair and reasonable to the corporation. Executing the transaction must be by majority vote of the Board, in good faith, without the vote of the interested director and with full knowledge of the material facts concerning the transaction and the director's interest in the transaction. 12 erection 3. Compensation of officers and Directors. {.B (a) The Board may, by regular act of the Board, fix just and reasonable compensation of a director as an employee or officer of the corporation. (b) The corporation shall not make any loan of money or property to or guarantee the obligation of any director or officer, unless approved by the Attorney General; provided, however, that the corporation may advance money to a director or officer of the corporation or of its parent or any subsidiary for expenses reasonably anticipated to be incurred in the performance of the duties of such officer or director, provided that in the absence of such advance, such director or officer would be entitled to be reimbursed for such expenses by the corporation, its parent, or any subsidiary. The provisions of this section do not apply to the payment of premiums in whole or in part by the corporation on a life insurance policy on the life of a director or officer so long as repayment to the corporation of the amount paid by it is secured by the proceeds of the policy and its cash surrender value. Section 5. Investment Responsibilities. (a) This section applies to all assets held by the corporation for investment. Assets which are directly related to the Corporation's public or charitable programs are not subject to this section. (b) Except as provided in subsection (c), in investing, reinvesting, purchasing, acquiring, exchanging, selling and managing the corporation's investments, the Board shall do the following: 13 (1) !Avoid speculation, looking instead Le.o the permanent disposition of funds, considering the probable income, as well as the probable safety of the corporations's capital; and (2) Comply with additional standards, if any, imposed by express terms of an instrument or agreement pursuant to which the assets were contributed to the corporation. (c) No investment violates this section where it conforms to the provisions authorizing such investment contained in an instrument or agreement pursuant to which the assets were contributed to the corporation. No investment violates this section or Section 1 of this Article where it conforms to provisions requiring such investment contained in an instrument or agreement pursuant to which the assets were contributed to the corporation. Section G. Indemnification of Directors, Officers, Employees and Other Agents. (a) (Definitions) For the purpose of this section: (1) "agent" means any person who is or was a director, officer, employee, or other agent of this corporation, or is or was serving at the request of this corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise; (2) "proceeding" means any threatened, pending, or completed action or proceeding, whether civil, criminal, administrative, or investigative; and 14 attoiney's fees defense of any attorney's fee, M.x.penses_" includes, without limitatio9Ball costs, and any other expenses incurred in the 1,tims OK proceedings against an agent and a] .0sts, and other expenses incurred in establishing a right to indem•tification under this section. (1.) an agent of thi- the defense of the defense of be indemnified :1,1eccg.gul....p.ef_e_im....Aappt) To the extent that eorporation has been successful on the merits in .oy pioceediny referred to in this section, or in elaim, issue, oi mioter therein, the agent shall -inst expenses actually and reasonably incurred by the agent n nection with the claim. If an agent either setLled any such e) aim or sustained a judgment rendered against him, then the c.ovisions of subsections (c) through (e) shall determine whelh, the agent is entitled to indemnification. tions Tfloughl, t3y PCIS0413 Other Than The Coration) !;...11,C1., Lo the requited finding to ba made pursuant Lo subsection person who was 1.. to arty proceedinl ) below, this corporation shall indemnify any Js d party, or is threatened to be made a party, other than an action brought by, or on behalf of, this corpot,!ion, or by an officer, related status the Attorney General, director or person granted or by the Attorney General on the ground I.hdt the defendant director was or is engaging in self-dealing wil‘iin the meaning by the Attorney ;eneral for any of Section 2 of this Article, or breach of a duty relating to the assets held in .:haritable trust, by reason of the fact that such person is or au agent of this corporation, for all expenses, 15 juuymeuut;, Lines, settlements, and other amounts actually al cl LB reasonably incurred in connection with the proceeding. (d) (Action Brought by or on Behalf of the Corporation) (1) Claims Settled Out of Court. If any agent settles or otherwise disposes of a threatened or pending action brought by or on behalf of this corporation with or without court approval, the agent shall receive no indemnification for either amounts paid pursuant to the terms of the settlement or other disposition or .for any expenses incurred in defending against the proceeding. (2) Claims and Suits Awarded Against gent. This corporation shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action brought by or on behalf of this corporation by reason of the fact that the person is or was an agent of this corporation, for all expenses actually and reasonably incurred in connection with the defense of that action, provided that both of the following are met: (i) The determination of good faith conduct required by subsection for therein; and (e), below, is made in the manner provided (ii.) Upon application, the court in which the action was brought determines that, in view of all of the circumstances of the case, the agent should he entitled to indemnity for the expenses incurred. If the agent is found to be so entitled, the court shall 16 determine the appvopriate amount of expenses to be reimbursq. (e) (Determination of Agent's Good Faith Conduct) The indemnification granted to an agent in subsections (c) and (d) above is conditioned on the following: (1) Required Standard of Conduct. The agent seeking reimbursement must be found, in the manner provided below, to have acted in good faith, in a manner he believed to be in the best interest of this corporation, and (in the case of a criminal proceeding) without reasonable cause to believe his conduct was unlawful, and (in the case of an action brought by or on behalf of the corporation) with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use in similar circumstances. The termination of any proceeding by contenders or its equivalent shall not, of itself, create a presumption that the person did not act within these required standards. (f) (Advance cf Expenses) Expenses incurred in defending any proceeding may be advanced by this corporation before the final disposition of the proceeding on receipt of an undertaking by or on behalf of the agent to repay the amount of the advance unless it is determined ultimately that the agent is entitled to he indemnified as authorized in this section. (g) (Limitations) No indemnification or advance shall be made under this section, except as provided in subsection (b) or (e) (2) (ii.), in any circumstance when it appears: (1) That the indemnification or advance would be 17 inconsistent with a provision of the Articles of IncorporaltBion or an agreement in effect at the time of the accrual of the alleged cause of action ilssert.ed in the proceeding in which the expenses were incurred or other amounts were paid, which prohibits or otherwise limits indemnification; or (2) That the indemnification would be inconsistent with any condition expressly imposed by a court in approving a settlement. (h) (Insurance) The Board may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the corporation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not this corporation would have the power to indemnify the agent against that liability under the provisions of this section, except for a liability based upon self-- dealing within the meaning of Section 2 of this Article. (J) (Fiduciaries or Corporate Employee Benefit Plan) This section doe;: not apply to any proceeding against any trustee, investment manager, or other fiduciary of an employee benefit plan in that person's capacity as such, even thought that person may also be the agent. of the corporation as defined in subsection (a) of this section ]clothing contained in this section shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise, which shall be enforceable to the extend permitted by applicable law. 18 ARTICLE IX I•B 1Siscellaneous Section 1. Books and Records. The corporation shall keep at its principal of.` i.ce a minute book, containing minutes of meetings of the Board ;:end committees, a copy of the Articles of Incorporation an'l all subsequent amendments thereto, certified by the Secretary of State, a copy of the Bylaws and all subsequent amendments, certified by the Secretary of the corporation, and a list of the dire: -:tors of the corporation showing .their names and addresses and a :orrect and complete books of account. All books and records of the corporation may be inspected at any reasonable time by any director, or by the agent or attorney of such director. Section 2. Fiscal Year, The fiscal year of the corporation shall begin on the first day of January and end on the last day of December of each year, unless changed by act of Board. Section 3. Rules of Order. Except as otherwise provided \in these Bylaws, the latest edition of Robert's "Rules of Order" shall govern all proceedings of the Board of Directors and committees thereof. Section 4. Amendment of Articles or Bylaws. The Articles of Incorporation or Bylaws of the corporation may be amended, repealed or added to only by resolution of the Board, approved by a majority of the directors then in office, at a duly held meeting at which a quorum is present. 1 9 1.6 AMENDED AND RESTATED BYLAWS of BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY a California nonprofit public benefit corporation I.B 1 ARTICLE I. NAME AND OFFICE 1.1. Name. The name of the Corporation (the "Corporation") shall be the "BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY" (whose individual clubs may be referred to herein individually, as a "Club" or collectively as the "Clubs"). 1.2. Office. A. The principal executive office of the Corporation for the transaction of business shall be located at 28790 Pujol Street, in the City of Temecula, County of Riverside, and State of California. B. The Board of Directors (which may also be referred to herein as the "Governing Board") may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to do business. 2. ARTICLE II. PURPOSE AND LIMITATIONS 2.1. Purpose. A. Organized in 1990 as a nonprofit public benefit Corporation, the specific and primary purpose of the Corporation is to operate and conduct clubhouses for the education, recreation and enrichment of the youth of Southwest County. B. To meet at all times the Requirements for Membership of the Boys & Girls Clubs of America, incorporated under federal law. 2.2. Limitations. The Corporation is formed solely and exclusively for nonprofit purposes, and not for monetary gain or profit, and no monetary gain or profit shall ever inure from its business to any Director or member of the Corporation. Earnings, if any, shall be used exclusively for the purpose for which the Corporation is formed. 3. ARTICLE III. MISSION 3.1. Mission. The mission of the Boys and Girls Clubs of Southwest County is to inspire and enable all youth to realize their full potential as productive, responsible, and caring citizens by providing stimulating and challenging programs through interaction with dedicated caring people. 4. ARTICLE IV. MEMBERSHIP Bylaws of Boys and Girls Clubs ofSouthwest County Page 1 I.B 5. 4.1. Membership. There shall be no voting "members" of the Corporation and all voting and other rights ordinarily vested in a corporate membership shall be vested in the Board of Directors, in accordance with the California Nonprofit Public Benefit Corporation Law. Non-voting youth and other club memberships may be created granting privileges that are subject to terms and conditions as specified by the Board of Directors. ARTICLE V. ELECTION OF DIRECTORS 5.1. Nominations. A. The Nominating Committee shall select qualified candidates for election to the Board of Directors, as prescribed in these By -Laws, Section 6.2 and 6.3 and Article X, Section 10.1(d)(ii). In April of each year, the Nominating Committee will contact each Board member whose term expires on June 30 of that year and inquire as to whether or not those members wish to continue to serve on the Board. B. The Nominating Committee shall make its report at the regularly scheduled May Board meeting of each calendar year. At that time, any Director present may nominate additional persons for nomination to the Board and may speak to the issue of any name in nomination. Notice of the Board Member election meeting will be provided to all Board members 7 days prior to the meeting. Notice will include the slate of candidates. C. The election of Directors is an action item on the agenda of the regular meeting held in May of each calendar year. 5.2. Election. A. The election of Directors will be conducted by secret ballot at the regularly scheduled May Board meeting. A Director is permitted to submit a written statement regarding his/her vote, which shall be added as an exhibit to the minutes. Secret ballots, with a provision for write-in candidates, shall be available for inspection, in order to comply with fundamental fairness rules inherent in the law. B. Before adjournment of the election meeting of the Board of Directors, the members of the Nominating Committee will confidentially tabulate the ballots and report the results, in random order, to the Board. C. Members of the Nominating Committee will contact the approved candidates for the Board starting with the candidate who received the most votes to the candidate who received the least votes until all seats are filled. Bylaws of Boys and Girls Clubs of Southwest County Page 2 1.6 5.3. Seating of Directors. All elected Directors shall be seated at the July meeting of the Board of Directors and shall be participating members as of July 1. Retiring Directors shall continue to serve until June 30. 6. ARTICLE VI. BOARD OF DIRECTORS 6.1. Powers. A. General corporate powers. The business and affairs of the Corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board of Directors. B. Specific powers. Without prejudice to these general powers, the Directors shall have the power to: (1) Select and remove all Directors, officers, agents and employees of the Corporation; prescribe any powers and duties for them that are consistent with the law, Articles of InCorporation, and these By - Laws; and fix their compensation. (2) Change the principal executive office or the principal business office in the State of California from one location to another; cause the Corporation to be qualified to do business in any other state, territory, dependency or country and conduct business within or outside the State of California, for holding any Directors' meeting or meetings. (3) Adopt, make and use a corporate seal and alter the form of the seal. (4) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the Corporation's purposes, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgage, pledges, hypothecations, and other evidences of debt and securities. 6.2. Number and Qualification. A. The authorized number of Directors at this time shall be not less than eleven (11) or more than fifty (50). The exact number of authorized Directors shall be fixed, within the limits specified, by act of the Board. Directors need not be residents of Southwest Riverside County, California, and may be any natural person eighteen years of age or older, of good character, and dedicated to the purpose of the Corporation. B. Voting power. All voting power in the Corporation shall be vested in the Board of Directors, each Director to have one vote. Bylaws of Boys and Girls Clubs of Southwest County Page 3 1.6 6.3. Election and Term of Office. A. As long as a quorum is present, Directors may be elected at the May Board meeting, elected to fill a Board vacancy at any time during the year, or elected onto the Board as an additional member at any time during the year, provided the Board size complies with Section 6.2. B. Unless sooner removed, Directors shall serve for a two (2) year term, with all terms ending on June 30 of the applicable year. Persons elected as Director may be nominated for re-election as a Director for an unlimited number of consecutive terms. C. For Directors elected at the May board meeting, who are filling a vacancy created by another board member's expiring term, their terms shall begin on the July 1 of that year, and expire on June 30 two (2) years later. D. If a Director is elected for an initial term at any time to fill a current or upcoming Board vacancy, their term shall begin no sooner than the month following the vacating Board members last attended meeting, and shall end on the date the vacating Board member's term was to end. For Directors elected during the remainder of the year, their initial terms will be prorated either as shorter or longer than two years, and their subsequent terms, if any, shall run for two (2) years as stated above. E. If a Director is elected as an additional Board member, their term shall begin on the date they are elected to the Board. If the new additional Director is elected between August and December of any year, their term shall begin on the date elected and end on June 30 of the 2nd year (thus the initial term shall be between 19 and 23 months). If the new additional Director is elected between January and June of any year, their term shall begin on the date elected and end on June 30 of the 2nd year (thus the initial term shall be between 25 and 29 months). 6.4. Assessments. The Board of Directors may impose, from time to time, an amount which shall constitute an assessment against voting Directors to fund the general operation of the Board. The assessment shall be voluntary and in no way affect the ability of the Director to serve the Board. 6.5. Vacancies. A. Filling a Vacancy. The initial term of a Board member elected to fill a current or upcoming Board vacancy shall be as stated in Section 6.3 above. B. Events causing vacancies. A vacancy or vacancies shall be deemed to exist in case of the death, incapacity, resignation or removal of any Director, or Bylaws of Boys and Girls Clubs of Southwest County Page 4 I.B (i) the minimum authorized number of Directors is increased, or (ii) if the members fail at any annual or special meeting of the Board at which any Director or Directors are elected, to elect the full authorized number of Directors, (iii) if a Director is absent three scheduled Board meetings within a one year term, he or she shall be eligible for removal. The removal of the Director who has had three absences may appeal to the Board to determine good cause and, should the absences be excused, the Director will be reinstated to continue his/her term. If determined unexcused, the removal will become effective and the Board shall have the power to elect a successor to take office at such time as the removal shall become effective. C. Resignations. A vacancy caused by resignation shall become effective upon giving written notice to the Board, unless the notice specifies a later time for the resignation to become effective. 6.6. Removal. A. Events causing removal. A Director shall be removed on the occurrence of the following: (i) the declaration by resolution of the Board of removing a Director who has been declared of unsound mind by an order of the court or convicted of a felony or has been found by final order of judgment of any court to have breached a duty under California law, or (ii) the vote of a majority of the Directors to remove.a Director. B. No vacancy on reduction of number of Directors. No reduction of the authorized number of Directors shall have the effect of removing any Director before that Director's term of office expires. C. Interested Persons. No more than forty-nine percent (49%) of persons serving on the Board may be "interested persons". An interested person is (i) any person compensated by the Corporation for services rendered to it within the previous twelve months, whether as a full-time or part-time employee, independent contractor, or otherwise (ii) any mother, father, brother, sister, son, daughter, ancestor, descendent, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of such a person. However, any violation of this paragraph shall not affect the validity or enforceability of transactions entered into by the Corporation. D. Self -Dealing Transactions. No Director of the Corporation nor any other Corporation, firm, association, or other entity in which one or more of the Corporation's Directors are Directors or have a material financial interest shall be interested, directly or indirectly, in any contract or transaction so long as the material financial interest is fully disclosed in good faith to the Board of Directors at the meeting in which the transaction is authorized. Bylaws of Boys and Girls Clubs of Southwest County Page 5 LB This Section does not apply to a transaction that is part of an educational or charitable program of the Corporation if it (i) is approved or authorized by the Corporation in good faith and without unjustified favoritism and (ii) results in a benefit to one or more Directors or their families because they are in the class of persons intended to be benefited by the educational or charitable program of the Corporation. 7. ARTICLE VII. MEETINGS 7.1. Place of Meetings and Meetings by Telephone. All meetings of the Board of Directors shall be held at the principal executive office of the Corporation, or at any other place within or outside the State of California as may be designated at any time by resolution of the Board or by written consent of all voting members of the Board. If consents are given, they shall be filed with the minutes of the meeting. Any meeting may be held by conference telephone or similar communication equipment, so long as all Directors participating in the meeting can hear one another, and all such Directors shall be deemed to be present, in person, at such meeting. 7.2. Annual Meeting/Organizational Meeting. A. The annual meeting of the Board of Directors of the Corporation shall be held during the month of June of each calendar year at the place designated in Section 7.01. The annual meeting will be to handle financial matters, committee reports, the election of officers of the Corporation and the transaction of other business. B. Immediately following each annual meeting of the Board of Directors, the Board shall hold a regular meeting for the purpose of organization. 7.3. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly, which includes the meetings outlined in Section 7.02, during the calendar year at the location stated in Section 7.01. The Board shall fix a date and time for all regular meetings and communicate such date and time to the members of the Board. Further notice of regular meetings, if established, shall not be required. If the day adopted for regular meetings falls on a legal holiday, the meeting shall be rescheduled with proper notice as prescribed in these By -Laws. 7.4. Special Meetings. Special meetings of the Board of Directors may be called for any purpose, or purposes, by the Chairman/Chief Volunteer Officer, any Vice Chairman, Secretary, Treasurer, or any two Directors. 7.5. Notice of Meetings. A. Unless not required under provisions of these By -Laws, notice of time and place of meetings shall be given to each Director by one of the following Bylaws of Boys and Girls Clubs of Southwest County Page 6 I.B methods: (i) by personal delivery or written notice; (ii) by first class mail, postage prepaid; (iii) by telephone or electronic communication, either directly to the Director or to a person at the Director's office who would reasonably be expected to communicate such notice promptly to the Director; or (iv) by telegram, charges prepaid. All such notices shall be given or sent to the Director's address, telephone or e-mail address as shown on the records of the Corporation. B. Notices sent by first class mail shall be deposited into a United States mailbox at least four days before the time set for the meeting. Notices must be given by personal delivery, telephone, e-mail, or given to the telegraph company at least forty-eight (48) hours before the time set for the meeting. C. The notices shall state the time and place for the meeting. However, it need not specify the purpose of meeting, or the place of meeting, if it is to be held at the principal executive office of the Corporation. 7.6. Quorum. One-half of the current number of Directors shall constitute a quorum for the transaction of any business except adjournment as provided in Section 7.08. Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as an act of the Board of Directors, subject to other provisions of the By -Laws and to the provisions of the California Nonprofit Corporation Law; (i) especially those provisions in which a Director has direct or indirect material financial interest; (ii) appoint committees; and (iii) indemnification of Directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. 7.7. Waiver of Notice. The transaction of any meeting of the Board of Directors, however called and noticed or wherever held, shall be valid as though taken at a meeting duly held after regular call and notice if (i) a quorum is present, and (ii) either before or after the meeting, each of the Directors not present signs a written waiver of notice, a consent to hold the meeting or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting shall also be deemed given to any Director who attends the meeting without protesting before or at its commencement about the lack of adequate notice. 7.8. Adjournment. A majority of the Directors present, whether or not constituting a quorum, may adjourn any meeting to another time and place. 7.9. Notice of Cancellation. Notice of the time and place of holding a cancelled or rescheduled meeting need not be given unless the meeting is rescheduled for more than 24 hours, in which case personal notice of the time and place shall be given Bylaws of Boys and Girls Clubs of Southwest County Page 7 1.B before the time of the cancelled meeting to the Directors who were not present at the time of cancellation. 7.10. Action Without Meeting. Any action required or permitted to be taken by the Board of Directors may be taken without a meeting, if all Directors of the Board, individually or collectively, consent in writing to that action. Such action by written consent shall have the same force and effect as a unanimous vote of the Board of Directors. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. 7.11. Compensation of Directors and Committee Members. Directors and members of committees shall not receive any compensation for their duties as Directors or members of committees. 7.12. Confidentiality. Any confidential information pertaining to employee matters, member information, legal issues, strategic decisions and general business operations obtained while serving the Corporation, and in the course of discharging their duties, Directors, officers and personnel directly serving the Corporation are bound by an "Oath of Confidentiality". Other confidential information, not presently foreseeable, may also be discussed while in service to the Board. Held to the "Oath of Confidentiality", Directors, officers and personnel serving the Corporation shall not misuse, misappropriate or disclose any such confidential information directly or indirectly to any other person, or use the information in any way, either during the term of their service or at any time thereafter, except as is required in the course of performing their duties or unless otherwise required by law. All records, files, communications or other records related to the Clubs shall remain exclusively the property of the Clubs and shall not be removed unless necessary in the performance of one's duties, and must be returned to the Clubs in the event the subject individual is no longer a Director, officer or personnel serving the Corporation. 8. ARTICLE VIII. OFFICERS 8.1. Officers. The officers of the Corporation shall be Chairman/Chief Volunteer Officer, hereinafter referred to as the Chairman, First Vice Chairman, Second Vice Chairman, Third Vice Chairman, Secretary, Treasurer and such other officers, as the Board of Directors shall appoint. Each officer of the Corporation must be a member of the Board of Directors one year prior to election as an officer, and shall become a member of the Executive Committee of the Board of Directors. 8.2. Nominations. The Nominating Committee shall select its recommended slate of Officers from the body of continuing Directors and present its report at the regularly scheduled May Board meeting of each calendar year. At the same meeting, any Director present may place names in nomination and may speak to the issue of any name in nomination. No nomination of a candidate for a position Bylaws of Boys and Girls Clubs of SoutInvest County Page 8 I.B as an Officer will be accepted unless the candidate first agrees to fulfill the responsibility as an Officer if elected. As provided in Article V, Nominations, Section 5.1(b), the Secretary shall immediately forward to each Director with the notice of meeting, a report listing the candidates nominated for each of the elected offices. 8.3. Election. The Board of Directors shall elect all officers of the Corporation for a term of two years, or until their successors shall be qualified and elected. The election shall occur as follows: A. The election of officers will be held at the regularly scheduled June meeting of the Board of Directors. As provided in Article V, Election, Section 5.02(b), the election of officers shall be conducted by secret ballot. Should only one candidate be nominated for each elected office and no nominations are made from the floor, the secret ballot inay be dispensed with and the motion to accept the presented slate of officers can be voted on. Officers shall be elected by a majority vote of the Directors present. B. The election of officers is an action item on the regularly scheduled June agenda. At the organizational meeting any Director present may place naives in nomination and may speak to the issue of any name in nomination. No nomination of a candidate for a position as an officer will be accepted unless the candidate first agrees to fulfill the responsibility as an officer if elected. 8.4. Seating of Officers. Elected officers of the Board of Directors shall assume responsibility of their respective office July 1. Retiring officers shall continue to serve until June 30. 8.5. Removal and Resignation. Being first elected Directors, all elected officers of the Board of Directors are bound by the provisions of these By -Laws, Article VI, Resignation, Section 6.5 (b) and Removal, Section 6.6 (a). 8.6. Vacancies. A vacancy in any office because of the death, resignation, removal, disqualification, or any other cause, shall be filled by the Board of Directors. 8.7. Chairman/Chief Volunteer Officer (CVO). The Chairman shall be the Chief Volunteer Officer of the Corporation and shall, subject to the control of the Board of Directors, generally supervise, direct, and control the business and the officers of the Corporation. In addition, the Chairman/CVO shall have the following powers and responsibilities: A. Preside at all meetings of the Board of Directors and the Executive Committee. Bylaws ofBoys and Girls Clubs of Southwest County Page 9 !.B B. Supervise the President/Chief Professional Officer of the Corporation in the day-to-day operation of the Clubs in a manner consistent with the wishes of the Board of Directors. C. Appoint all committee chairpersons and four Directors to the Nominating Committee with approval of the Board of Directors, and coordinate and manage the efforts of all committees with exception of the Nominating Committee. D. Represent the Corporation in any communication with other Corporations, entities or the public in general. 8.8. First Vice Chairman. In the absence of the Chairman/Chief Volunteer Officer, the First Vice Chairman shall perform all the duties of the Chairman, and when so acting shall have all the power of, and be subject to all the restrictions upon the Chairman. The First Vice Chairman shall have such other powers and perform such other duties as may be prescribed for the office respectively by these By - Laws, Board of Directors or the Chairman. 8.9. Second Vice Chairman. In the absence of the Chairman/Chief Volunteer Officer and the First Vice Chairman, the Second Vice Chairman shall perform the duties of the Chairman, and when so acting shall have all the power of, and be subject to all the restrictions upon the Chairman. The Second Vice Chairman shall have such other powers and perform such other duties as may be prescribed for the office respectively by these By -Laws, Board of Directors or the Chairman. 8.10. Third Vice Chairman. In the absence of the Chairman/Chief Volunteer Officer and the First and Second Vice Chairmen, the Third Vice Chairman shall perform the duties of the Chairman, and when so acting shall have all the power of, and be subject to all the restrictions upon the Chairman. The Second Vice Chairman shall have such other powers and perform such other duties as may be prescribed for the office respectively by these By -Laws, Board of Directors or the Chairman. 8.11. Secretary. A. The Secretary shall keep and maintain, or cause to be kept and maintained, the book of minutes at the principal office or such other place as the Board of Directors may order, of all meetings of the Directors, with the time and place of holding, whether regular or special, and if special how authorized, the notice thereof given, the names of those present at the meeting on signed attendance sheet, and the proceedings thereof. B. The Secretary shall give, or cause to be given, notice of all the meetings of the Board of Directors required by these By -Laws or by law to be given, and shall keep the seal of the Corporation in safe custody, and handle all incoming or outgoing correspondence of the Board of Directors. Bylaws of Boys and Girls Clubs of Southwest County Page 10 I.B C. The Secretary shall have such other powers and perform such other duties as may be prescribed for the office respectively by these By -Laws, Board of Directors or the Chairman. 8.12. Treasurer. A. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct amounts of the properties and business transactions of the Corporation including, but not limited to, accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital and surplus. The books and records of the Corporation shall be maintained at the principal office, and are at all times open to inspection by any Director at any reasonable time, see Article XVI, Fiscal Matters, Section 16.6. B. The Treasurer shall deposit, or cause to be deposited, all money and other valuables in the name and to the credit of the Corporation with such depositories as may be ordered by the Board of Directors. C. The Treasurer shall disburse, or cause to be disbursed, funds of the Corporation as may be ordered by the Board of Directors, taking proper vouchers for such disbursements. D. The Treasurer shall render to the Chairman and the Board of Directors at the regular meetings of the Board, or when they request it, an accounting of all the transactions as Treasurer and of the financial condition of the Corporation. E. The Treasurer shall have such other powers and perform such other duties as may be prescribed for the office respectively by these By -Laws, Board of Directors or Chairman. 8.13. Immediate Past Chairman. The Immediate Past Chairman shall serve on the Executive Committee and shall perform such other duties as may be prescribed for the office respectively by these By -Laws, Board of Directors or Chairman. The Immediate Past Chairman shall serve until the subsequent successor's term of office expires and his/her successor is elected. 9. ARTICLE IX. EXECUTIVE COMMITTEE 9.1. Number and Tenure. A. The Executive Committee shall consist of the following elected officers: (1) Chairman/Chief Volunteer Officer; Bylaws of Boys and Girls Clubs of Southwest County Page 11 I.B (2) First Vice Chairman; (3) Second Vice Chairman; (4) Third Vice Chairman; (5) Secretary; (6) Treasurer; and (7) Immediate Past Chairman. B. The term of the Executive Committee shall be two years unless elected by the Board to fill a vacancy. 9.2. Duties and Responsibilities. A. The Executive Committee shall exercise the authority of the Board of Directors in management of the Corporation in connection with ordinary business to be carried on between meetings of the Board of Directors, which include, but are not limited to, reports and recommendations. B. The Executive Committee evaluates each Board Member annually to qualify them for continuing to serve on the Board. The Executive Committee will make the appropriate recommendations to the Board of Directors. The Board of Directors shall determine the removal of Board Members as prescribed in Article VI, Board of Directors, Section 6.6 (a) (ii). C. The Executive Committee shall not have the authority of the Board of Directors with regard to the following: (1) Hiring, terminating, or fixing compensation of the President/Chief Professional Officer; (2) Approval of the annual budget; (3) Approval of expenditures exceeding the annual budget by more than three percent (3%) per individual meeting with a cumulative maximum of ten percent (10%) per fiscal year; (4) Amend or repeal corporate By -Laws or adopt new By -Laws; (5) Election, appointment, or termination of directors or officers; (6) Fill vacancies on the Board or any committee of the Board; Bylaws of Boys and Girls Clubs of Southwest County Page 12 1.8 (7) Amend or repeal any resolution of the Board that by its express terms are not so amendable or repealable; (8) Create any other committees of the Board; (9) Elimination of any program authorized by the Directors; (10) Elimination of any fundraising drive or event authorized by the Directors; (11) Take any final action on any matter that, under the California Nonprofit Public Benefit Corporation Law, also requires approval of the members or approval of a majority of the members; (12) Approve any contract or transaction to which the Corporation is a party and in which one or more of its Directors has a material financial interest, except as special approval is provided in the Corporation Codes Section 5233(d)(3). 9.3. Quorum. A simple majority shall constitute a quorum for the transaction of business of the Executive Committee. 9.4. Meetings. Meetings shall be held monthly. They shall be posted and conducted in a manner consistent with Article VII, Sections 7.1, 7.3, 7.6, 7.8 and 7.9. 10. ARTICLE X. COMMITTEES 10.1. Committees. The Board of Directors may, by resolution and adopted by a majority of the Board at the annual organizational meeting, designate one or more standing committees each of which shall consist of two or more Directors. To the extent provided in said resolution, the committees named shall have and exercise the authority of the Board of Directors in the management of the Corporation. Further, the designation of such committees and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any individual Director of any responsibility imposed upon it or him/her by these By -Laws or by law. A. The Chairman of the Board shall appoint all committee chairpersons subject to approval of the Board. B. All committees shall serve at the pleasure of the Board. No committee shall adopt By -Laws or maintain funds of its own. All committees may have a separate mission statement approved by the Board. Persons appointed in charge of committees shall be recognized as "Chairperson" and by no other title. Bylaws of Boys and Girls Clubs of Southwest County Page 13 l.B C. The Board of Directors shall authorize and define the specific powers and duties of all standing committees in accordance with the Strategic Plan. D. Standing Committees may include, but are not limited to: (1) Board Development Committee. The duties and responsibilities of the Board Development Committee are not limited to but shall include: being responsible for the identification, recruitment, , orientation, ongoing education, and recognition of Board members. The board development process will be systematic and provide clearly defined steps to achieve optimum results. Further, the Board Development Committee is responsible for awards and recognition for Board members, including nominations for the Boys & Girls Clubs of America Service Recognition Awards, as well as other awards appropriate for local presentation. (2) Nominating Committee. The duties and responsibilities of the Nominating Committee are limited to overseeing the nominations and conducting the elections of the Board of Directors and the Officers. At the regularly scheduled Board meeting in March, the Chairman shall appoint four Directors to serve as the Nominating Committee. (3) Budget and Resource Development Committee. The duties and responsibilities of the Budget and Resource Development Committee are not limited to but shall include: working with the President/Chief Professional Officer and Treasurer in preparing the annual budget for approval by the Board of Directors; works to provide cost effective income streams; establish and implement well-planned and aggressively promoted planned giving programs; and support and actively participate in ad hoc committees formed for the annual auction, golf tournament, and like fundraising activities (4) Facilities Committee. The duties and responsibilities of the Facilities Committee are not limited to but shall include: assuring the overall satisfactory condition of the facilities, furnishings and grounds of the Boys & Girls Clubs. The Facilities Committee shall develop and maintain an overall strategy for the maintenance of property and equipment, utilizing expert advice concerning technical building and maintenance problems.. The Facilities Committee shall support and actively participate in ad hoc committees formed for refurbishing, remodeling and new construction of buildings. Bylaws of Boys and Girls Clubs of Southwest County Page 14 1.6 (5) Marketing Committee. The duties and responsibilities of the Marketing Committee are not limited to but shall include: developing and carrying out a year-round marketing program that interprets the activities, purpose and needs of the Boys & Girls Clubs and makes use of available media speakers, exhibits, press, radio and television. It cultivates the interest and support of all local newspapers, radio and television stations, invites their representatives to public events of the Boys and Girls Clubs and supplies news items and articles to magazines and other publications. The Committee works with the Chief Professional Officer and the development and marketing staff in preparing news releases, the annual report, pamphlets, flyers and other publicity material. Working with the President/Chief Professional Officer, the committee shall periodically evaluate the effectiveness of all promotional materials offered by the Corporation and make recommendations to the Board of Directors on their effectiveness. The Committee annually handles the localization and placement of public service television, radio and print ads provided by Boys & Girls Clubs of America. The Committee determines the Corporation's primary media spokesperson in conjunction with the Club's Crisis Management Plan and acquaints Board members with their own personal public relations responsibilities, obtains biographical information on all Board members from the Board Development Committee, and utilizes the new value of activities performed by Board and staff members. It conducts an annual public relations forum for Board members. (6) Program Committee/Technology Committee. The duties and responsibilities of the Program Committee and the Technology Committee are not limited to but shall include: assisting the President/Chief Professional Officer and staff in ensuring that effective positive program services are in place. The Program Committee approves the yearly program goals and assesses and recommends new programs. It assures the Corporation's participation in the Commitment to Quality process and national's Outcome Measurement program; assists in obtaining needed volunteers and program materials, and supplies; and it interprets program services to the Board and the community. It ensures that the Corporation tracks and maintains members and other youth served data through the use of computer software and the latest technology. The Technology Committee provides for the establishment and implementation of an annual review and/or audit of the Corporation's technology needs and systems; secures external resources and technical assistance to meet the technology needs of the Corporation to the Board of Directors; assures that all Bylaws of Boys and Girls Clubs of Southwest County Page 15 1.6 (7) appropriate staff receives training in Club technologies and can demonstrate needed competencies to use them. Auxiliary Boards. The duties and responsibilities of any Auxiliary Board (as defined in Article XI below) are to assist the President and staff in making policy -related decisions by recommending certain courses of action for the Club that they are associated with. Specifically, each Auxiliary Board Member should recommend objectives for its Club. The recommended objectives should be consistent with those of the Corporation and should be based on the resources and needs in the specific Club's community. The Auxiliary Board should also assist the President in the periodic evaluation of its Club in relation to stated objectives. Furthermore, the Auxiliary Board is responsible for identifying and securing community resources to help carry out activities and services. Notwithstanding the duties and responsibilities of the Auxiliary Board, as set forth in this Section, the management of any Club is the responsibility of the President, acting under the direction of the Governing Board. The Auxiliary Board shall have no management rights or responsibilities. Each Auxiliary Board Member shall be required to serve on at least one fund raising committee. Each Auxiliary Board Member may also serve on a standing committee or committees. E. In the event that any committee is deemed inactive or suspended, the Executive Committee will assume the duties and responsibilities of that respective committee. 10.2. Other Committees. Other committees not having and exercising the authority of the Board of Directors in the management of the Corporation may be designated by a resolution adopted by a majority of the Directors at which a quorum is present. Except as otherwise provided in such resolution, the Chairman of the Corporation shall appoint as many members as are deemed appropriate. 10.3. Meetings and Action of Committees. Meetings and action of committees shall be governed by, and held and taken in accordance with, the provisions of Article VII, Meetings, Section 7.03 of these By -Laws, concerning meetings of Directors, with such changes in the context of those By -Laws as are necessary to substitute the committee and its members for the Board of Directors and its members, except that the time for meetings of Committees may be determined either by resolution of the Board of Directors or by resolution of the committee. Meetings of committees may also be called by resolution of the Board of Directors. Minutes shall be kept of each meeting of any committee and shall be filed with the corporate records. The Board of Directors may adopt rules for the government of any committee not inconsistent with the provisions of these By - Laws. Bylaws of Boys and Girls Clubs of Southwest County Page 16 1.6 10.4. Term of Office. Each member of a committee shall continue as such until the next annual meeting of the Board of Directors, and/or until his/her successor is appointed, unless such member shall cease to qualify as a member thereof. 10.5. Vacancies. Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointment. 10.6. Quorum. Unless otherwise provided in the resolution of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. 11. ARTICLE XI. AUXILIARY BOARDS 11.1. Auxiliary Boards (which may also be referred to herein individually as a "Community Board" or collectively, the "Community Boards"). The Board of Directors may from time to time elect to form an Auxiliary Board for any of the Clubs. Any Auxiliary Board formed by the Board of Directors shall function as a standing committee, as set forth in Section 10.1.D above, but members of an Auxiliary Board are not members of the Board of Directors, shall have no voting authority and shall not be considered a subdivision of the Board of Directors. Any Auxiliary Board formed by the Board of Directors shall serve at the pleasure of the Board of Directors and shall have no authority or responsibility to manage the business, property and affairs of the Corporation. 12. ARTICLE XII. ADVISORY COUNCIL 12.1. Advisory Council. The Board of Directors may create Advisory Council. The Advisory Council shall be composed of persons who are scholars and experts in the fields of interest to the Corporation or whose expertise and support may otherwise further or have furthered the work of the Corporation. The specific functions of the Council shall be as established by resolution of the Board of Directors. Persons serving on the Advisory Council may also serve on Board committees and attend Board of Directors meetings. The appointment of Advisory Council members, and the term of such appointment, shall be as determined by the Board of Directors. 13. ARTICLE XIII. CHAIRMAN'S CIRCLE 13.1. Chairman's Circle. The Board of Directors may appoint Chairman's Circle Directors to the Board of Directors. Chairman's Circle Directors have the right to participate at meetings of the Board of Directors and shall have the right to vote on all matters presented to the Board of Directors. Chairman's Circle Directors shall not be considered for purposes of determining a quorum. The qualifications Bylaws of Boys and Girls Clubs of Southwest County Page 17 I.B and tenure of Chairman's Circle Directors may be established by resolution of the Board of Directors at any time. Chairman's Circle Directors shall be persons recognized for outstanding contributions to the Corporation. 14. ARTICLE XIV. PRESIDENT/CEO/CPO 14.1. Employment. The Board of Directors shall employ a President/Chief Executive Officer/Chief Professional Officer of the Corporation, fix compensation and prescribe the terms of employment. A. In January of each calendar year, the Chairman/Chief Volunteer Officer and all other elected officers holding office at year-end shall meet with the "President" for an annual review and evaluation of his/her performance. B. The Executive Officer's review and recommendations, with respect to continued employment and salary increases, shall be presented to the Board of Directors at their next regular meeting. 14.2. Duties and Responsibilities. In accordance with the elements of competence established for Boys and Girls Club executive, the President/Chief Professional Officer is responsible for overseeing strategic planning and operation of the Clubs, in support of organizational mission and goals as set forth by the Board of Directors of the Corporation. The President/Chief Professional Officer provides leadership, direction and support to the Board of Directors in developing organizational goals, attaining/allocating resources, and establishing policies. He/She also provides leadership and direction to staff management in carrying out the key roles assigned to• them. The President/Chief Professional Officer reports directly to the Board of Directors and shall be ex -officio member of all committees. 15. ARTICLE XV.INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER AGENTS 15.1. Proceedings. To the fullest extent permitted by law, the Corporation shall indemnify its directors, officers, employees, and other persons formerly occupying any such positions, against all expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred by them in connection with any "proceeding" as that term is used in that section, and including an action by or in the right of the Corporation, by reason of the fact that the person is or was a person described in that section. "Expenses" as used in this By-law, shall have the same meaning as in that section of the Corporation Code. 15.2. Board Authorization. On written request to the Board by any person seeking indemnification under Corporations Code section 5238(b) or section 5238(c), the Board shall promptly decide under Corporation Code section 5238(e) whether the applicable standard of conduct set forth in Corporation Code section 5238(b) or Bilaws ofBoys and Girls Clubs of Southwest Count' Page 18 I.B section 5238(c) has been net and, if so, the Board shall authorize indemnification. If the Board cannot authorize indemnification, because the number of Directors who are parties to the proceeding with respect to which indemnification is sought prevents the formation of a quorum of Directors who are not parties to that proceeding, the Board shall promptly call a meeting of members. At that meeting, the members shall determine under Corporations Code section 5238(e) whether the applicable standard of conduct has been met and, if so, the members present at the meeting in person or by proxy shall authorize indemnification. 15.3. Advancement of Expenses. To the fullest extent permitted by law and except as otherwise determined by the Board in a specific instance, expenses incurred by a person, seeking indemnification under these By-laws in defending any proceeding, shall be advanced by the Corporation before final disposition of the proceeding. On receipt by the Corporation of an undertaking by or on behalf of that person the advance will be repaid unless it is ultimately found that the person is entitled to be indemnified by the Corporation for those expenses. 16. ARTICLE XVI. FISCAL MATTERS 16.1. Contracts or Contract Agreements. The Board of Directors, except as in these By -Laws as otherwise provided, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name and on behalf of the Corporation, and such authority may be general or confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or to any amount. 16.2. Purchases of $5,000 or More. The President/Chief Professional Officer, on purchases of $5,000 or more, shall secure a minimum of three (3) bids. The President/Chief Professional Officer may select the acceptable bid on purchases up to $5,000, unless previously approved in the annual budget, or a special activities budget. For purchases in excess of $5,000, the Board of Directors shall select the acceptable bid. 16.3. Payment by Check or Draft. A. All checks, drafts or other orders for payment of money, note or other evidence of indebtedness, issued in the name or payable to the Corporation, shall be signed or endorsed by such person or persons and in such manner as, from time to time, shall be determined by resolution of the Board of Directors. B. Disbursement of funds exceeding $5,000 shall be made by check with two signatures required: that of the President/Chief Professional Officer, B laws o Bo and Girls Clubs o Southwest Count Pa ! e 19 1.6 and/or the Director of Operations, and/or one (1) member of the Executive Committee or by two (2) members of the Executive Committee. 16.4. Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select. 16.5. Gifts. The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or device for the general purposes or for any special purpose of the Corporation. 16.6. Books, Records and Inspection Rights. The Corporation shall keep at the principal office correct and complete books and records of accounting, minutes of the proceedings of its Board of Directors and Committees having any authority of the Board of Directors, a copy of the By -Laws as amended or otherwise altered to date, and a record giving the names and addresses of the Directors entitled to vote. A Director or his agent or attorney may inspect all books and records of the Corporation for any proper purpose at any reasonable time. 16.7. Fiscal Year. The fiscal year of the Corporation shall be the calendar year ending December 31. 16.8. Annual Report. The annual report referred to in the California Nonprofit Corporation Law is expressly dispensed with, but nothing in these By -Laws shall be interpreted as prohibiting the Board of Directors from issuing such annual or periodic reports to any person, as the Board considers appropriate. However, within 120 days of the close of its fiscal year, the Corporation shall provide to the Directors a report containing the following information in reasonable detail: A. The assets and liabilities, including the trust funds of the Corporation as of the end of the fiscal year. B. The principal changes in assets and liabilities, including trust funds, during the fiscal year. C. The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year. D. The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year. E. Any information required by California Corporations Code Section 6322. 17. ARTICLE XVII. GENERAL PROVISIONS 17.1. Non -Partisan Activities. Bylaws of Boys and Girls Clubs of Southwest County Page 20 1.6 A. This Corporation has been formed under the California Nonprofit Public Benefit Corporation Law for public benefit purpose described in Article II, Purpose, Section 2.1 (a), (b) and 2.2, and it shall be nonprofit and nonpartisan. No part of the activities of the Corporation shall consist of the publication or dissemination of material with the purpose of attempting to influence legislation, and the Corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for vote. B. The Corporation shall not engage in any activities or exercise any powers that are not in furtherance of the purpose described above. 17.2. Parliamentary Procedure. Proceedings of the Corporation meetings shall be governed and conducted in accordance with the latest edition of Roberts Rules of Order, except as otherwise provided herein. 17.3. Amendments. These By -Laws may be amended and restated or repealed and new By -Laws adopted by the vote or written consent of a majority of the voting Directors at any regular or special meeting at which a quorum is present. 17.4. Dedication of Assets. The properties and assets of this nonprofit Corporation are irrevocably dedicated to charitable purposes. No part of the net earnings, properties or assets of the Corporation, on dissolution or otherwise, shall inure to the benefit of any private person or individual or any member or Director of the Corporation. On liquidation or dissolution, all properties and assets and obligations shall be distributed and paid over to the Boys & Girls Clubs of America. If for any reason, the Boys & Girls Clubs of America should not accept all property and assets and obligations, the Board of Directors of the Corporation may select such other nonprofit charitable Corporation or Corporations as shall at that time qualify as a tax-exempt organization under Section 501(c) (3) of the Internal Revenue Code of 1954, as amended, or corresponding provisions of any subsequent federal tax laws so that the business properties and assets of the Corporation shall in such event be used for and devoted to the purpose of providing Boys & Girls Clubs of Southwest County activities. Bylaws of Boys and Girls Clubs of Southwest County Par 21 LB CERTIFICATE OF SECRETARY I, Adria Poindexter, hereby certify that I am the Secretary of Boys and Girls Clubs of Southwest County and the above Bylaws are the Bylaws of the Corporation adopted by the Board of Directors on , 2010. Executed on , 2010, at Temecula, California. Adria Poindexter, Secretary Bylaws of Boys and Girls Clubs of Southwest County Page 22 Article II Project Activity Map Attachment 11 Project Activity The proposed project, the Learning Connection, will take place at the Old Town Temecula Boys & Girls Club located at 28790 Pujol Street, Temecula CA 92590 and at the Pechanga Great Oak Clubhouse located at 31465 Via Cordoba, Temecula, CA 92592. The program will benefit all Temecula youth participating in Boys & Girls Club programs. Attachment II Maps of Proposed Service Area Boys & Girls Clubs of Southwest County's Pechanga Great Oak Clubhouse 31465 Via Cordoba Temecula, CA 92590 1200 m 1 500 ft C it • ,los 9 .v,t HAuterpatit Moan en]( Fisk c.` O` rt., cis' c,. ,. amapquest . "4, n Cortioto VP 00% r,'.oha 20)10 MapQuest Potions 02010NAVY EO,Intennap Attachment 11 Map of Proposed Service Area Boys & Girls Clubs of Southwest County's Old Town Temecula Clubhouse 28790 Pujol St. Temecula, CA 92590 0 1400 m 1200 ft >1.11,1/4\ T = macula o mapquest Frr u t t Spot 'tl fps) t+,lf!<�io Ave Rf 02010 MapQueiE I`ortions (12010 NAV T Eq , Intern p Article VI.A Leveraging ANNUAL BASE SUPPORT FUNDING AGREEMENT between UNITED WAY OF THE INLAND VALLEYS and BOYS & GIRLS CLUBS OF SOUTHWEST COUNTY The mission of United Way of the inland Valleys is to Build Community Resources to Improve Life in Riverside County. This is accomplished by bringing together diverse elements of the community to effectively and efficiently raise and distribute community resources. VI .A RECEIVED JUL 2 0 2009 In keeping with this mission, and in recognition of the changing community environment, United Way of the inland Valleys ("UWIV") has adopted the following provisions, which guide the funding relationships with agencies of health and human care services. I. UNITED WAY (UWIV) AGREES A. To provide Base Support Funding during the 200912010 fiscal year for Capacity Building, as long as the terms of the agreement are met in the following amount: Capacity Building $35,918.39 B. To offer technical assistance or consultation relating to board development and program management. Ii. THE AGENCY AGREES A To continue to provide the following program(s) for which the agency originally received funding: Program Name Off Track Camp Scholarships Middle School Outreach Program United Way Problem Area Affordable Child Care Affordable Child Care B. To report on the program(s) listed above and as presented in the application. C. To promote the program(s) as funded by United Way of the inland Valleys. D. To submit the following documentation.on a semi-annual basis in accordance with the guidelines and using the UWiV transmittal form as the cover to: 1. a. Attest that its Board of Directors met at least once each quarter, and if not, to provide an explanation. b. Attest that written financial statements, which include a summary of income and expenses and a balance sheet were presented and approved by the Board of Directors at each meeting held during the six-month period. c. Submit statistics on each of the United Way programs presented separately on United Way forms. d. Submit copies of any written materials that were printed during the six-month period including, but not limited to, program brochures, newsletters, fliers, invitations to special events, and fundraising materials (all of which must display the current UWIV logo according to the Accountability Standards policy). Article VI.B Income and Expense Statement VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY (A California Public Benefit Corporation) AUDIT REPORT For the Year Ended December 31, 2009 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY (A CALIFORNIA PUBLIC BENEFIT CORPORATION) AUDIT REPORT For the Year Ended December 31, 2009 Table of Contents FINANCIAL SECTION Pae Independent Auditors' Report 1 BASIC FINANCIAL STATEMENTS Statement of Financial Position 2 Statement of Activities 3 Statement of Cash Flows 4 Statement of Functional Expenses 5 Notes to Financial Statements 6 VI.B Board of Directors Boys and Girls Clubs of Southwest County Temecula, California INDEPENDENT AUDITORS' REPORT We have audited the accompanying statement of financial position of Boys and Girls Clubs of Southwest County (A California Public Benefit Corporation) as of December 31, 2009, and the related statements of activities, cash flows, and functional expenses for the year then ended. These financial statements are the responsibility of Boys and Girls Clubs of Southwest County's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Club's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Boys and Girls Clubs of Southwest County as of December 31, 2009, and the change in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. Murrieta, California June 22, 2010 1 1 VI. B' BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Statement of Financial Position December 31, 2009 ASSETS Current Assets Cash Investments Pledges receivable (Net of uncollectible amounts) Grants receivable Prepaid expenses Total Current Assets 1,969,723 20,229 1,583,877 46,104 14,336 3,634,269 Fixed Assets (Net of accumulated depreciation) 4,671,649 TOTAL ASSETS $ 8,305,918 LIABILITIES AND NET ASSETS LIABILITIES Current Liabilities Accounts payable Accrued expenses Line of credit Vehicle loans - current portion Notes payable - current portion Total Current Liabilities Long Term Liabilities Vehicle loan Notes payable Total Long Term Liabilities 104,536 70,321 407,259 12,573 25,748 620,437 3,275 46,430 49,705 TOTAL LIABILITIES 670,142 NET ASSETS Unrestricted 3,621,067 Temporarily restricted 4,014,709 TOTAL NET ASSETS 7,635,776 TOTAL LIABILITIES AND NET ASSETS See accompanying notes to financial statements. 2 $ 8,305,918 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Statement of Activities For the Year Ended December 31, 2009 REVENUES, GAINS, AND OTHER SUPPORT Unrestricted Temporarily Restricted Membership income $ 60,417 $ Pledge income _ Donations 135,422 Indirect contributions (United Way) 3,207 Grant income 735,322 Fundraiser income 397,914 Program service fees 1,015,906 Interest income 8,807 Miscellaneous income 33,919 Net assets released from restrictions: Pledge income 2,083,725 335,645 (2,083,725) Total $ 60,417 335,645 135,422 3,207 735,322 397,914 1,015,906 8,807 33,919 TOTAL REVENUES, GAINS, AND OTHER SUPPORT 4,474,639 (1,748,080) 2,726,559 EXPENSES Program services Supporting services Management and general Fundraising 1,897,601 1,897,601 545,321 545,321 219,786 219,786 TOTAL EXPENSES 2,662,708 2,662,708 CHANGE IN NET ASSETS 1,811,931 (1,748,080) 63,851 NET ASSETS AT BEGINNING OF YEAR 1,809,136 5,762,789 7,571,925 NET ASSETS AT END OF YEAR $ 3,621,067 $ 4,014,709 $ 7,635,776 See accompanying notes to financial statements. 3 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Statement of Cash Flows For the Year Ended December 31, 2009 CASH FLOWS FROM OPERATING ACTIVITIES Change in Net Assets $ 63,851 Adjustments to reconcile increase (decrease) in net assets to net cash provided (used) by operating activities Depreciation expense 141,692 Unrealized (gain)/loss on investments (67) Donated common stock (10,108) (Increase) decrease in: Inventories 10,640 Pledges receivable 1,166,088 Grants receivable (46,104) Prepaid expenses 236 Increase (Decrease) in: Accounts payable (55,460) Accrued expenses 13,981 NET CASH PROVIDED EY OPERATING ACTIVITIES 1,284,749 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of fixed assets (111,580) NET CASH USED BY INVESTING ACTIVITIES (111,580) CASH FLOWS FROM FINANCING ACTIVITIES Net proceeds from credit line 107,259 Payments on notes payable (23,076) Payments on vehicle loans (14,494) NET CASH PROVIDED 13Y FINANCING ACTIVITIES 69,689 NET INCREASE (DECREASE) IN CASH 1,242,858 Cash balances, January 1, 2009 726,865 Cash balances, December 31, 2009 $ 1,969,723 OTHER REQUIRED INFORMATION: See accompanying notes to financial statements. Interest Paid 4 $ 26,560 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Statement of Functional Expenses For the Year Ended December 31, 2009 EXPENSES Advertising Awards and recognition Bank charges Bad debt expense Credit card fees Community contribution Depreciation Dues and subscriptions Fundraising events Insurance Interest expense Internet services Licenses and fees Office supplies Payroll taxes Postage and delivery Printing Professional fees Program events Rent Repair and maintenance Retirement plan Salaries Security Seminars Staff uniforms Taxes Telephone Transportation Utilities Unrealized (gains)/losses Program Services Youth Services 1,000 14,668 1,382 10,986 2,159 99,184 3,140 152,580 5,259 12,687 1,745 13,599 88,653 1,447 10,883 15,938 123,072 43,206 51,043 1,272 1,001,421 4,986 1,768 1,581 1,344 22,718 164,008 45,872 Totals $ Supporting Services Management and Total General Fundraising Expenditures $ 23,428 $ 18,334 42,508 15,333 24,839 21,301 12,898 8,772 5,334 21,105 22,570 19,996 2,573 13,180 232,619 11,139 6,081 28,220 15,158 (67) $ 24,428 14,668 1,382 18,334 10,986 2,159 141,692 18,473 166,456 166,456 177,419 26,560 12,687 1,745 1,361 27,858 97,425 6,781 31,988 38,508 123,072 63,202 53,616 14,452 51,969 1,286,009 4,986 12,907 1,581 7,425 50,938 179,166 45,872 (67) 1,897,601 $ See accompanying notes to financial statements. 5 545,321 $ 219,786 $ 2,662,708 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Notes to Financial Statements December 31, 2009 NOTE 1—NATURE OF ACTIVITIES AND SIGNIFICANT ACCOUNTING POLICIES A. Nature of Activities The Boys and Girls Clubs of Southwest County (the "Club") was established in August 1990. The Club is a member of the Boys and Girls Clubs of America chartering organization, and provides services to youth, the objectives of which are to foster and to promote the physical, social, and educational, vocational, and character development of boys and girls in or near Southwest Riverside County, California. Major classes of programs include after school care, day camp and youth sports programs. The Club operates facilities in Temecula, Murrieta and Lake Elsinore. The Club is funded through membership dues, performance of services for the City of Temecula (the "City") and sponsorships from businesses and the general public in conjunction with its fundraising efforts. B. Basis of Presentation The Club's policy is to prepare its financial statements on the accrual basis of accounting. This means that revenues are recorded when earned, rather than when received, and expenses are recorded when incurred, not when they are paid. C. Recognition of Revenue Revenues are received primarily from pledge income, fundraising, before direct expenses, and program service fees. Membership dues are recorded as revenue in the year received. Management believes that recognizing membership dues pro -rata on a monthly basis would have an immaterial effect on the Club's financial statements. Program fees represent fees related to member participation in specific day camp, youth sports, before and after school and transportation programs are recorded as revenue in the year received. Fund raising revenues, which consist of the "Our Kids Rock" dinner, golf tournament and annual giving campaign are recorded when the event occurs. Contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support depending on the existence and/or nature of any donor restrictions. The Club has not received any contributions with donor -imposed restrictions that would result in permanently restricted net assets. 6 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUN'T'Y Notes to Financial Statements December 31, 2009 NOTE 1— NATURE OF ACTIVITIES AND SIGNIFICANT ACCOUNTING POLICIES (continued) C. Recognition of Revenue (continued) Unrestricted: These generally result from revenues generated by receiving unrestricted contributions, providing services, and receiving interest from investments less expenses incurred in providing program related services, raising contributions and performing administrative functions. Temporarily Restricted: The Club reports gifts of cash and other assets as temporarily restricted support when they are received with donor stipulations that limit the use of the donated assets. When the donor restriction expires, i.e. the stipulated time restriction ends or the purpose of the restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the Statement of Activities as net assets released from restrictions. D. Donated Services The Club's accounting policy for donated materials and equipment is to record these items as contributions at the estimated fair market value as stated by the donor at the date they are received. Contributions of donated services that create or enhance non financial assets or that require specialized skills, are provided by individuals possessing those skills, and would typically need to be purchased if not provided by donation, are recorded at the fair values in the period received. Numerous hours of volunteer services were performed on behalf of the Club during the year ended December 31, 2009 in support of its programs. Since these services do not meet the criteria specified in Statement of Financial Accounting Standards No.116, Accounting for Contributions Received and Contributions Made, for recognizing a monetary value of these services, no such value has been assigned to these services in the Club's financial statements. E. Property and Equipment Property with a cost'of $1,000 or greater is capitalized and recorded as additions to property and equipment. Donated property is recorded at the estimated fair value at the date of the gift. Buildings and equipment are depreciated using the straight-line method over and estimated useful life of forty years and ten years, respectively. Maintenance and repair costs are charged to expense as incurred. F. Cash and Cash Equivalents The Club considers cash on hand and certificates of deposit with maturity dates of three months or less at the date of investment to be cash and cash equivalents. 7 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Notes to Financial Statements December 31, 2009 NOTE 1— NATURE OF ACTIVITIES AND SIGNIFICANT ACCOUNTING POLICIES (continued) G. Investments Investments are recorded at fair value. Unrealized gains and losses are recorded as increases or decreases on the statement of activities. H. Concentration of Risk The Club maintains its cash in various accounts at several financial institutions. At various times during the year, the amount on deposit with a single financial institution may exceed federal depository insurance limits. At December 31, 2009, the Club had balances on deposit approximating $1,134,000 in excess of such limits. Management does not believe that this represents a significant risk to the Club. I. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. J. Income Taxes The Club is a non-profit public benefit corporation organized under the laws of California and, as such, is exempt from federal and state income taxes under Section 501(c)(3) of the Internal Revenue Code and corresponding state statutes. The Club is classified as other than a "private foundation" by the IRS. Accordingly, no provision for income taxes has been provided for in the financial statements. K. Fair Value of Financial Instruments The following methods and assumptions were used by the Club in estimating its fair value disclosures for financial instruments: Cash and accounts payable as reported in the balance sheet approximate fair value because of the short maturities of those instruments. Functional Expenses The costs of providing the various programs and other activities have been summarized on a functional basis in the combining statement of activities. Accordingly, certain costs have been allocated among the programs and supporting services based on the benefits derived. 8 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Notes to Financial Statements December 31, 2009 NOTE 2 — INVESTMENTS Investments consist of stock donated to the Club. The following discloses the aggregate carrying amount of investments by major types at December 31, 2009. Estimated Fair Value Shares Market Price December 31, 2009 Stock - Auriga Laboratories, Inc. 1,450,756 0.0007 $ 1,016 Stock- Goodrich Pete Corporation 400 24.35 9,740 Stock - Biogold Fuels Corporation 1,052,632 0.0090 9,474 Total investments at fair value Investment Return: Net unrealized gain $ 435 Net unrealized loss (368) $ 67 NOTE 3 — CAPITAL ASSETS Land, building and equipment as of December 31, 2009 consisted of the following: Capital assets not being depreciated: Land $ 1,465,000 $ - $ $ 1,465,000 Construction in progress 473,823 81,097 554,920 Total capital assets not being depreciated 1,938,823 81,097 2,019,920 Capital assets being depreciated: Buildings 2,826,048 2,826,048 Furniture, equipment & improvements 362,861 1,444 364,305 Vehicles 311,612 29,039 (17,594) 323,057 Total capital assets being depreciated 3,500,521 30,483 (17,594) 3,513,410 Total accumulated depreciation (737,583) (141,692) 17,594 (861,681) Total capital assets being depreciated, net 2,762,938 (111,209) - 2,651,729 $ 20,229 Balance, Balance, January 1, 2009 Additions Decreases December 31, 2009 Total capital assets, net $ 4,701,761 $ (30,112) $ $ 4,671,649 9 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Notes to Financial Statements December 31, 2009 NOTE 4 —LINE OF CREDIT The organization has a line of credit from Pacific Western Bank available for its use. The line of credit is as follows: Pacific Western Bank December 31, 2009 Initial rate: 4.20% Credit limit: $ 500,000 Loan date: April 13, 2009 Maturity date: April 17, 2011 Balance at year end $ 407,259 NOTE 5 — NOTES PAYABLE Murrieta Building During 2002 the Club borrowed $127,780 to purchase a building. Monthly payments are $1,381, with a variable interest rate through September 2012. The note is secured by the purchased building. December 31, 2009 Total loan balance $ 42,096 Less current portion (15,558) Long-term portion $ 26,538 Future maturities of loan: Year ending December 31, Payment Total 10 2010 2011 2012 15,558 15,647 10,891 $ 42,096 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Notes to Financial Statements December 31, 2009 NOTE 5 — NOTES PAYABLE (continued) Puiol Land During 2007 the Club borrowed $50,258 to purchase land. Monthly payments are $1,016, including interest at a rate of 7.75 percent through September 2012. December 31, 2009 Total loan balance $ 30,082 Lesscurrent portion (10,190) Long-term portion $ 19,892 Future maturities of loan: Year ending December 31, Payment Total NOTE 6— VEHICLE LOANS 2010 $ 10,190 2011 11,034 2012 8,858 $ 30.082 The organization has three car loans at the end of the year. These loans have interest rate ranging from 8.5% to 8,8%. Future maturities of vehicle loans: Year ending December 31, Payment Total NOTE 7 -LEASES 201.0 $ 12,573 2011 3,275 15,848 The Club began leasing the land for its Great Oak Facility under a 40 -year lease from the City of Temecula. The term of this lease agreement extends through June 30, 2046 with an annual lease payment of $1. 11 VI.B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Notes to Financial Statements December 31, 2009 NOTE 7 — LEASES (continued) Statement of Financial Accounting Standards No. 116 Accounting for Contributions Received and Contributions Made, requires recognition at fair value of such discounted lease costs. Management estimated that the fair value of such discounted lease costs is approximately $42,000 per year. This amount is included in both revenues and expenses on the statement of activities. NOTE 8 — EMPLOYEE RETIREMENT PLAN The Club maintains a defined contribution retirement plan conforming to the provisions of Section 401(k) of the Internal Revenue Code for its salaried employees. Such employees become eligible to participate in the Plan after reaching age 21 and accumulating 1,000 hours of service during the year with the Club. The Club matches employee contributions to a maximum of five percent of each employee's eligible compensation, as defined in the Plan, and may also make discretionary contributions. Employee contributions are fully vested at all times. Employer matching and discretionary contributions vest ratably over a five-year period. If an employee terminates employment prior to age 65, the distribution from employer matching and discretionary accounts is limited to the vested portion based upon years of eligible service. The Club's matching contributions were approximately $14,500 for the year ended December 31, 2009. NOTE 9 — PLEDGE INCOME Contributions are recognized when the donor makes a promise to give to the Organization that is, in substance, unconditional. In 2005, the organization established a "Capital Campaign" which was created to fund a new facility in the City of Temecula. The pledges amounted to $323,572 for the year ended December 31, 2009. In 2009, the Organization established a "Sustainability Campaign" which was created to fund another new facility in the City of Temecula. The pledges amounted to $12,073 for the year ended December 31, 2009. NOTE 10 — PLEDGES RECEIVABLE Pledges receivable are recorded when the donor makes a promise to give to the organization. The amount of the pledges receivable at December 31, 2009 amounted to $1,633,877. The CIub estimates an allowance for uncollectible pledges based on management's consideration of donors, historical activity and economic conditions. The allowance for uncollectible pledges amounted to $50,000 at December 31, 2009. 12 VI .B BOYS AND GIRLS CLUBS OF SOUTHWEST COUNTY Notes to Financial Statements December 31, 2009 NOTE 11- CONTINGENCIES Grant activities are subject to monitoring and review by the respective grantor. As a result of such review, costs may be questioned and subsequently disallowed. Management has not been notified of any such disallowance. NOTE 12 - TEMPORARILY RESTRICTED Temporarily restricted net assets are comprised of the following: Capital campaign - use restriction Sustainability NOTE 13 -FUNDRAISING EVENTS The Club conducted the following fundraising events: December 31,2009 $ 4,004,269 10,440 4,014,709 December 31, 2009 Revenues Expenses Net Auction $ 286,471 $ 125,327 $ 161,144 Golf Tournament 27,870 7,278 20,592 Field of Dreams 44,163 6,226 37,937 Other 39,410 80,955 (41,545) $ 397,914 $ 219,786 $ 178,128 NOTE 14 -SUBSEQUENT EVENTS Events subsequent to December 31, 2009 have been evaluated through June 22, 2010, the date at which the Club's audited financial statements were available to be issued. No events requiring disclosures have occurred through this date. If events requiring disclosures have occurred between the balance sheet date and the date of the financial statements were available to be issued they would be disclosed here. 13 Article VII.A Management Capacity Attachment Vit — A Exhibit 1 MANAGEMENT CAPACITY: A. Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Rhonda Guaderrama, Director of Operations and Kim Webb, Director of Development will be the persons primarily responsible for the implementation and completion of the proposed project. Ms. Guaderrama has been with the organization for four years and has extensive grant management experience. Ms. Webb has been with the organization for six years and also has extensive grant management experience. They will work in conjunction with the Unit Directors of each Clubhouse to ensure accurate and timely scholarship data on each scholarship recipient. They will be responsible for administration of the grant funds, invoicing the grant funds, participant data collection and quarterly reporting. BOYS & GIRLS CLUBS OF SOUTHWEST COUNTY BOYS & GIRLS CLUBS OF SOUTHWEST COUNTY ORGANIZATION CHART AS OF 10/7/2010 Stephanie Huynh Director of Finance & Human Resources Vlckylyn Acuna Executive Admin. Assistant Kelley Files Accounting Assistant Maryann Edwards Chief Executive Officer Rhonda Guaderrama Director of Operations Jafari Wallace Director of information Technology_ 10/13/201011:03 AM Senna Tafarella Director of Transportation Cindy Anthony Assistant Director of Transportation Drivers Old Town William Allen Dottie Johnston RoseAnna Mora Diane Owens Munieta Cindy Anthony Blanca Davalos Jackie Johnson Mary Clemente -Veal Pechanga Great Oak Pam Christophel Catherine Rivera Alberhill Ranch Cathy Culver Maria Lujan Beatrice Sisneros John Whann Director Of Program Services Crystal Hoyes Admin. Assistant Tomell McColley Michelle Wingate Lead Youth Sports Unit Director Professional OW TOWN Youth Sports Professionals Giovanny Alvarado Cory Amante Natalie Miter Peter Ruhe Jason Wolfe Jake Atkins Lisa Day Daniel Hernandez Juan Monge Shawn Karimotomi Chris Lara Office Manager Rachel Cuenca Office Assistant Lead YDP Youth Development Professionals Gabriel Rodriquez Camille Wilicut Shareen Russell Kailey Files Andrea Hall Joel Monahan Unit Director PECHANGA GREAT OAK Jojo Angeles Office Manager Andrea Boyd Office Assistant Mindy Schaller Lead YDP Youth Development Professionals Tyrone Totten Jacob Aguirre Clarisa Hardin Stephanie Hill Amber Lagrosa Raymond Reyes Chris Ring Erica Robledo 1 Lisa Cabulagan Unit Direc or MURRIETA Scott Black Office Manager Janette Smith Office Assistant Lead YDP Youth Development Professionals Christopher Crowley Eyrrin 8roadie Emily Rains Aleesha Dawson Heidi Sanchez Nicole Ouinby VILA Exhibit 2 Marissa Paparro Unit Director ALBERHILL RANCH Sheila Williams Office Manager Barbara Weeks Office Assistant Lead YDP Youth Development Professionals Desiree Cervantes Rebecca Evans Arthur Yerty Marissa Paparro BOYS & GIRLS CLUBS OF SOUTHWEST COUNTY Minutes from Board of Directors Meeting September 20th, 2010 noon Old Town Clubhouse Board Members Present: Rob Crisell, Terry Gilmore, Bruce Kessman, Ted Kristensen, Jeff Kurtz, Brent Lowe, Scott McIntyre, Amy Minniear, Sylvia Provenzano, Karen Roberts, Wim Selders, Mike Shirley, Joan Sparkman, Mark Stringer, Tim Ure, Alan Winklestein Staff Members Present: Maryann Edwards CEO, Vickylyn Acuna, Rhonda Guaderrama, Stephanie Huynh, Crystal Noyes Meeting called to order by Amy Minniear at 12:25 p.m. CDBG The Board of Directors formally approves the submission of the CDBG grant application and gives authorization to execute 2010-2011 agreement. -F —Car /b//i/IQ The Boys & Gids Clubs of Southwest County • P.O. Box 892349 • Temecula, CA 92589-2349 • Tel 951-699-1526 • Fax 951-699-4273 Website — www.becswc.org The Positive Place For Kids United Way EDA USEONLY PROPOSAL NUMBER REVIEWER DOCUMENT STAMP DATE RECEIVED: COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011- 2012 APPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: Court Appointed Special Advocates (CASA) for Riverside County, Inc. Location: 44-199 Monroe Street City: Indio Zip Code: 92201 Mailing Address: P.O. Box 3008, Indio, CA Zip Code: 92202-3008 Telephone Number: 760-863-7424 Fax Number: 760-863-7431 Executive Director: Deborah Sutton Telephone Number: 760-863-7424 E-mail: dsutton@casariversidecounty.org Program Manager: Julia Belcher Telephone Number: 951-304-5220 E-mail: Julia@casariversidecounty.org Address (If different from above): 30755-D Auld Road, Ste.1226, Murrieta, CA 92563 Grant Writer: Gina Baker Telephone Number: 760-863-7424 E-mail: gbaker@casariversidecounty.org II. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization) Date Organization founded: April 1990 Date Organization incorporated as a non-profit organization: April 1990 Federal identification number: 33-0596888 State identification number: C1 87 5277 Number of paid staff: 6 Number of volunteers: 245 ATTACH: Current Board of Directors (Label as Attachment LA) Articles of Incorporation and By -Laws (Label as Attachment LB) 1 III. PROJECT ACTIVITY: CDBG Funds Requested: $ 28,898 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment II Project Activity) D Countywide (check if project will serve multiple districts and/or cities). City (ies) Temecula, California Community (ies) Regions Other What Supervisorial District does the activity occur within? District 3 NOTE: EDA will make the final determination of the appropriate service area of all proposals. Check ONLY the applicable category your application represents. ❑ Real Property Acquisition UJ Public Service ❑ Housing ❑ Rehabilitation/Preservation (please provide picture of structure) ❑ Public Facilities Improvements (construction) Other: (provide description) IV. PROJECT NARRATIVE: A. Name of Project: Advocacy for Abused, Abandoned, and Neglected Children in the City of Temecula Specific Location of Project (include street address; if a street address has not been assigned provide APN) Street: City: Zip Code: APN: Temecula, California Attach maps of proposed project(s) location and service area. 2 B. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary —Attachment III Project Description) Please see Attachment 111 labeled "Project Description" C. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): The requested funds would be devoted to the costs associated with: recruiting, screening, training, and supervising 15 Temecula residents as volunteer advocates; and serving a minimum of 15 new foster children who fall under the jurisdiction of the Temecula Juvenile Dependency Court, or children who are placed in foster or group homes in the City of Temecula. This amount will ensure a full year of quality, consistent representation to these children who are in such desperate need. D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: 15 at risk youth NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activities or service (weeks, months, year): 12 months Unduplicated number of clients/persons projected to serve (e.g., 25 clients, 50 seniors): 15 Units of service (Example: 25 clients x 10 visits = 250 units of service): 2,700* Service will be provided to (check one or more): ❑ Men ❑ Women ❑■ Children ❑ Men/Women ❑ Men/Women/Children ❑ Families Li Seniors ❑ Severely Disabled Adults Range of children's ages: 0-18 ❑ Migrant Farm Workers ❑ Homeless Number of beds of facility: NA Anticipated number of "new" beds: NA Length of stay (if residential facility): NA 3 E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meet these goals and objectives (measures should be both qualitative and quantitative)? Please see attachment labeled "Goals and Objectives". F. Discuss how this project directly benefits low- and moderate- income residents. Many children in the foster care system do not receive the services needed to lead a normal and healthy life - services mandated by the courts and set forth in the "Foster Youth Bill of Rights". These include doctor visits, sibling visitation, a clothing allowance, medication, and counseling services, among others. A CASA volunteer spends quality time with a child to determine the child's needs and assess what necessary services are and are not being utilized. This project will meet the needs specific to Temecula children who have been directly referred to CASA for Riverside County, Inc. directly by the Superior Court Judge for Juvenile Dependency in Riverside County. G. Respond to A & B only if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes No (b) If service is not new, will the existing public service activity level be substantially increased or improved? The existing level of public service activity will be substantially increased/improved by providing CASA representation to an additional 15 at risk youth in Temecula. H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? Please see attachment labeled "Community Involvement and Partnerships". I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? CASA for Riverside County, Inc. does one thing - recruit, screen, train, and supervise volunteers to advocate for the best interests of foster children in our court system. We have been doing it for over 20 years and have a proven record of stainability. We continuously seek funding from public and private sources. However, the number of children in need of CASA services continues to grow. We currently have a waiting list of 302 children who have been referred to our program by judges and social workers. As that number grows, so does our need for funding. The Executive Director of CASA and the Board of Directors continue to research new funding sources and apply for funds available to this non-profit agency. Financial assistance from private foundations and public entities aids in our stainability. We are continuously striving to increase our private donations through an annual donor campaign and holding events to raise funds and increase awareness of our program and the children we serve. 4 V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: CATEGORY 1: Benefit to low -moderate income persons (must be documented). Please choose either subcategory A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT BG CT BG CT BG CT BG CT BG CT BG # Total population in Census Tract(s) / block group(s) # Total low -moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will provide documentation of their family size, income, and ethnicity. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low -moderate income persons. NA C. Clientele presumed to be principally low- and moderate -income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) ❑■ Abused children ❑ Battered spouses ❑ Elderly persons ❑ Severely disabled adults Describe your clientele to be served by the activity. ❑ Homeless persons ❑ Illiterate adults ❑ Persons living with AIDS ❑ Migrant Farm workers CASA clientele are low and moderate income persons under the age of 18, as defined by the Federal Housing and Urban Development (HUD) Agency. The children served by CASA for Riverside County, Inc. are within the HUD criterion as they are abandoned, abused, or neglected, in the care of foster or group homes, and in the Juvenile Dependency Court System. 5 CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? Yes fl No If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label as Attachments: IV Category 2, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label as Attachments: V Category 3, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. 6 VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2011. If your proposed CDBG- funded activity will start on a date other than July 1, 2011, please indicate starting date. If these budget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: The Valley Senior Center is requesting funding of a new Senior Nutritional Program. The total cost of the program is $15,000. A total of $10, 000 in CDBG funds is being requested for operating expenses associated with the proposed activity. Other non-CDBG funding will be used to pay pick-up the remaining costs for the program). I. Personnel A. Salaries & Wages B. Fringe Benefits C. Consultants & Contract Services SUB -TOTAL TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED $ 135000 $ 22500 $ 10328 $ 1721 $ 13302 $ 2217 $ 158630 $ 26438 II. Non -Personnel A. Space Costs $ $ B. Rental, Lease or Purchase of Equipment $ $ C. Consumable Supplies $ 2500 $ 417 D. Travel $ 7250 $ 1208 E. Telephone $ 3500 $ 585 F. Other Costs $ 1520** $ 250** SUB -TOTAL: $ 14770 $ 2460 III. Architectural/Engineering Design $ $ IV. Acquisition of Real Property $ $ V. Construction/Rehabilitation $ $ VI. Indirect Costs $ $ TOTAL: $ 173400 $ 28898 7 B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI -A, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Funding Source Amount Requested Date Available Type of Commitment County of Riverside 173,400 application pending C. Provide a summary by line item of your organization's previous year's income and expense statement (Attachment VI -B, Exhibits 1, 2, etc.). D. If this project benefits residents of more than one communit or jurisdiction, have requests been submitted to those other jurisdictions? Yes IT No If yes, identify sources and indicate outcome. NA If no, please explain NA E. Was this project previously funded with CDBG funds? Yes n If yes, when? Is this activity a continuation of a previously funded (CDBG) project? Yes No If yes, explain: 8 VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source Activity Year Allocation Amount Expended County of Riverside Foster Youth Advocacy 2009-2010 45,445 45,445 City of Moreno Valley Foster Youth Advocacy 2009-2010 10,000 10,000 City of Palm Springs Foster Youth Advocacy 2009-2010 19,446 19,446 City of Riverside Foster Youth Advocacy 2009-2010 10,000 10,000 County of Riverside Foster Youth Advocacy 2010-2011 38,275 19,000'** City of Moreno Valley Foster Youth Advocacy 2010-2011 10,000 1,500*** City of Riverside Foster Youth Advocacy 2010-2011 9,000 1,133.13*** B. Management Systems Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? Yes, policies and procedures for CASA for Riverside County, Inc. are available for review upon request. C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII A, Exhibits 1, 2, etc.). D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE START DATE COMPLETION DATE Appoint trained volunteers as officers of the court 07/01/2011 07/31/2011 Assign sworn volunteers cases 07/01/2011 07/31/2011 Supervise the advocacy of volunteers 07/01/2011 06/30/2012 Maintain contact with key personnel 07/01/2011 06/30/2012 Data collection 07/01/2011 06/30/2012 Report submission 07/01/2011 06/30/2010 9 APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): 1. The information contained in the project application is complete and accurate. 2. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. 3. The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of local, (NON-CDBG) financial support for community development activities. 4. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. 5. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. 6. On behalf of the applying organization, 1 have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). DATE: November 4, 2010 SignatuG1,--7(`► Print Name/Title Deborah Sutton, Executive Director Authorized Representative: 10 Applicant's Check -list: The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE. Yes NO ATTACHMENT Q--- ❑ 1. Board of Directors 0 ❑ 2. Articles of Incorporation and Bylaws )3' ❑ 3. Project Activity Map r— ❑ 4. Project Description ❑ ❑ i,i 5. Project Benefit, Category 2. Slum Blight Documentation ❑ ❑ 1)-4. Project Benefit, Category 3, Urgency .[] ❑ 7. Leveraging la ❑ 8. Income and Expense Statement '0 ❑ 9. Management Capacity ❑ 10. Board Written Authorization approving submission of application 11 X CASA Court Appointed Special Advocates FOR CHILDREN CASA FOR RIVERSIDE COUNTY, INC. AUTHORIZATION TO SUBMIT This is to approve and authorize the submission of CASA for Riverside County, Inc.'s 2011-2012 Community Development Block Grant (CDBG) Program application in the amount of $28,898 from the City of Temecula to be executed by Deborah Sutton, Executive Director. Signed: Dated: Jean Easum, Board President November 4, 2010 Attachment 1.A, Current Board of Directors CASA for Riverside County, Inc. Board of Directors November 2010 Office Name Contact Information Affiliation President Jean Easum 951-273-5034 5327 Magnolia Avenue Riverside, CA 92506 Easum@me.com Supervisory Scientist, Naval Warfare Assessment Center Secretary / Treasurer Christopher Sheldon 760-641-9450 230 West Camino Buena Vista Palm Springs, CA 92264 csheldon@dc.rr.com Retired Juvenile Court Judge Jeanette Pirio 909-725-1499 P.O. Box 107 Colton, CA 92324-0107 antenet@sbcelobal.net Administration / Business Management Assistant Gary Shepard 760-702-2310 47765 Pansy Street Indio, CA 92201 pipestr@hotmail.com Retired Safety / Risk Management Consultant CA Dept. of Forestry, Pipeline Safety Division Joe Eagan 6084 Elenor Street Riverside, CA 92506-2533 Local Business Owner Dr. William R. Chase 36351 Artisan Way Cathedral City, CA 92234-8907 Retired Dentist As of 11/4/2010 Attachment 1.B, Articles of Incorporation and By-laws ARTICLES OF INCORPORATION of CASA FOR RIVERSIDE COUNTY, _INC..,., .., A California Nonprofit Corporation 1bb3b E s: D C_ r, S i` D t. r r In tho a."..c•t, e{ the 5ocre'Wry of Stab 01 Vx Stale 01 (1addntrla ,...,./�P "1.21990 MA CN FOG EU, Secreta c,1 Stale I_ NAME The name of this corporation is CASA FOR RIVERSIDE COUNTY, INC. PURPOSE This corporation is a nonprofit public benefit corpora- tion and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. The specific purpose. of •this corporation is to support the development, growth and continuation of programs that recruit and train volunteers to serve as court appointed special advocates for abused and neglected children in juvenile dependency proceedings. III.. CHARITABLE NATURE OF CORPORATION This corporation is organized exclusively for charit- able, literary or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. Notwithstanding any other- provision of these articles, the corporation shall not.,, a e in any activities or e�._ except to an insubstantial degree, en g g -)owers that are not in furtherance di the purposes of ercise an y p other corporation,. and the corporation shall not carry on any b a corporation ex - activities not permitted to be carried on (a) y of the Inz�=.r'�`�.` empt from federal income tax under Section 501(c)(3) Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 110(c)(2) of the interhal. Revenue Code. No substantial part of -the ar:tivit`zes of- this.:..corpor t? -on.... 't of lobbying, propaganda; or. otherwise attempting to Shall cone..s f legislation except as provided in°Section 501(h) of the^ influence 1.eg Revenue Code of 1986, and this corporation shall not par- ticipate publish- - or intervene in any political campaign (including p ticipa of any candidate for ing or. distributing statements) on behalf public office_ IV. INITIAL AGENT FOR. SERVICE OF PROCESS The name and address in the State of California for the initial agent for service o£:process is: Catherine Johnson 4050 Main Street, .Room- 120A Riverside, California 92501 IV. BYLAW PROVISIONS chosen. Directors. The manner in which directors shall be. ual.if ications, powers, duties and and removed from office, thei.r�� and manner of filling vacancies on the board, the ma �. be tenure of office, s of directors, shall the manner of calling and ho] -ding meeting Members. The corp stated in'the bylaws. admit persons to member • oration may the bylaws, to the terms and the set:' forth in ship subject V. DEDICATION AND DISSOLUTION All corporate property is irrevocably dedicated to the purposes seincome II above. NL. part of the nett. forth in Article the benefit. of any o'- or assets of this corporation shall inure to its directors, officers or members or to the benefit of any private person. Upon the dissolution or winding up of ,the corporation, its assets remaining af.ter...paymen.t, .o,r_.provisian for payment., of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has establish- ed its tax exempt status under Section 501(c)(3) of the Internal Revenue Code. Dated: t1 --(0-c0 ql) MICHAEL D. MACOMBER, Incorporator I hereby declare that I am the person who executed the foregoing Articles of Incorporation, as incorporator of this cor- poration, which execution is my act. and deed. MI EL D. MACOMBER ,\4t?6810 CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION GERALDINE:'BOWDEN and •MARY ANN WILCZAY- president and the -DOCZI "cert • Secretary,. i foYnia J They are .the CASA OF THE CO iCHELLA VALLEY, a Benefit Corporation. of this 2. Article ONE of the Articles of Incorporation Corporation is amended to read as follows: Inc. The name of the Corporation is CASA for Riverside County, `_rncc�r oration has been 3. The foregoing amendment of Articles of P duly approved by the Board of Directors. NFIL�ED�LJ In the 01 the Stab of CalifSetrelaf oal Stale _ _ MAI 2 4 59964 BIU. 3XES, S: • respectively, of Nonprofit Public Cal of Mata 4. The corporation has no members. ' of perjury under the laws of the Wt' further declareifornunder pforth enalty.n this Certificate State of California that the of our settknowledge. are true and correct and are_ DATE: A `" /r 1996 ;• 77 :ft, i /i/., (.1)1 .1 GI.ERALDINE BOWDEN, PRESIDENT Z, y A\TN WILCZAK-D AZF82773 ZI J RE ARY RESTATED BYLAWS of CASA FOR RIVERSIDE COUNTY, INC. a California Non -Profit Corporation ARTICLE I: DEDICATION AND PURPOSE Section 1.01. Dedication. CASA for Riverside County, Inc. (hereinafter referred to as "CASA") is organized exclusively for charitable purposes and is incorporated' as a non-profit corporation within the meaning of Internal Revenue Code Section 501(c)(3). Section 1.02. Purpose. The purpose of CASA is to support the development, growth, and continuation of programs that recruit and train volunteers to serve as court appointed special advocates for abused and neglected children involved in juvenile dependency proceedings. ARTICLE II: OFFICES Section 2.01. Principal Office. The principal office for the transaction of business of CASA is located in the Riverside County Administration Building at 82-675 Highway 111, Room 3100, Indio, California 92201. Section 2.02. Location. The Board of Directors may change the principal office from one location to another by a simple majority vote of those directors present at a duly held meeting of the quorum of the Board of Directors. Any change of this location shall be noted by the Secretary and this section herein shall be amended to state the new location. ARTICLE III: FISCAL YEAR Section 3.01. CASA's fiscal period for financial and accounting purposes shall commence on July 1 and end on June 30 of each year. Restated Bylaws CASA for Riverside County, Inc. Page 1 of 17 ARTICLE IV: MEMBERS Section 4.01. CASA shall not have any members. Section 4.02. Any action which would otherwise require approval by a majority of all members or approval by the members shall require only the approval of the Board of Directors as set forth herein. Section 4.03. All rights which would otherwise be vested in the members shall be vested in the Board of Directors. ARTICLE V: DIRECTORS Section 5.01. Number. The business of CASA shall be managed by a Board of Directors consisting of a minimum of nine (9) and a maximum of fifteen (15) directors. The Board of Directors may change the required number of directors to serve on the Board of Directors by a majority vote of all Board of Directors (super majority vote). Any change of the required number _of directorsshall be noted by the Secretary and this section herein shall be amended to state the new number of directors. Section 5.02. Election and Term. All directors of CASA shall be elected at the annual meeting of the Board of Directors by a majority vote of all Board of Directors (super majority vote). Directors shall serve for a term of three years, except: (1) those directors elected due to a vacancy caused by an occurrence set forth in subdivisions (a), (b), or (c) of Section 5.08 herein, or (2) the director serves in one of the Board of Director positions which were filled by directors elected at the 1990 annual meeting who were elected to staggered terms of one and two years in order to provide for staggered terms in future years. All Board of Director terms shall end at the annual meeting of the Board of Directors, at which time the election of new directors shall occur. No Restated Bylaws CASA for Riverside County, Inc. Page 2 of 17 director shall serve more than two consecutive three-year terms. Section 5.03. Nondiscrimination Policy. When the Board of Directors elects persons to serve on the Board of Directors and when the Board of Directors and any individual director exercises any of its/his/her powers and duties as provided herein or as otherwise provided, the Board of Directors and each individual director shall not discriminate against any persons on the basis of gender, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation or domestic partnership status. Section 5.04. Qualification. Each board of director of CASA shall have attained the age of majority, shall either reside or be employed within the County of Riverside, State of California, shall be of sound mind, and shall not have been convicted of a felony. Section 5.05. Powers. The Board of Directors shall have the control and management of all the affairs and business of CASA. The Board of Directors shall, individually and as a whole, perform all duties in good faith and in a manner that is in the best interests of CASA and - with such care, including reasonable inquiry, as ordinarily prudent persons in like positions would use under similar circumstances. The Board of Directors shall only act in the name of CASA when it shall be regularly convened by its President after due notice properly provided to all of the directors of such meetings of the Board of Directors. In order for the Board of Directors to conduct the business of CASA, without prejudice to the general powers but subject to the same limitations, it is expressly declared that the Board of Directors shall have the following powers: (1) to make such rules and regulations covering its meetings as it may, in its sole discretion, determine necessary; (b) to render decisions for the benefit of CASA for Riverside County, Inc; Restated Bylaws CASA for Riverside County, Inc Page 3 of 17 (c) to provide guidance to CASA for Riverside County, Inc.; (d) to appoint and remove additional officers, agents and employees and to prescribe powers and duties for all officers, agents and employees which are not inconsistent with the Articles of Incorporation or these Restated Bylaws; (e) to borrow money and incur indebtedness for purposes of CASA for Riverside County, Inc. when necessary; (0 (g) to execute such documents as may be needed by and for CASA for Riverside County, Inc., and �— — to delegate the management of the activities of CASA to any person or persons, management company, or committee however composed, provided that the activities and affairs of CASA shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board of Directors. Section 5.06. Removal. The Board of Directors may, by a majority vote of the quorum of Board of Directors present and voting at a duly held meeting (simple majority vote), remove a director when sufficient cause exists for such removal. Sufficient cause shall exist when a director has been declared of unsound mind by a final order of court, has been convicted of a felony, has been found by final order or judgment of any court:to have breached any duty under Article 3 (commencing with Section 5230 of the California Corporations Code), or has failed to attend three consecutive meetings of the Board of Directors without a reasonably justifiable excuse. A director may be removed without cause if such removal is approved by a majority vote of all Board of Directors (super majority vote) during a duly held meeting, as the phrase "Approved by the board" Restated Bylaws CASA for Riverside County, Inc. Page 4 of 17 is defined in Section 5032 of the California Corporations Code. Section 5.07. Resignation. Any director may resign upon written notice to the President and Secretary or to the Board of Directors. Said resignation shall be deemed accepted and effective five (5) business days from the date of the written notice, unless said notice specifies a later time for the effectiveness of the resignation. If the notice specifies a future effective date for resignation, a successor director may be elected by the Board of Directors to take office on the date the resignation becomes effective. Section 5.08. Vacancies. Vacancies on the Board of Directors shall exist upon the occurrence of any of the following: (a) death of a director, (b) resignation of a director, (c) removal of a director, or (d) any unfilled director position not otherwise caused by subdivisions (a), (b), or (c) up to the maximum number of Board of Directors permitted herein. The existing Board of Directors shall have the power to elect, by a majority vote of all Board of Directors (super majority vote), a - new director to -fill any vacancy. Any new director filling a vacancy due to any of the occurrences set forth in subdivisions (a), (b), or (c) herein, shall serve to the expiration date of the term of the director who formerly held the director's seat now vacant. Any new director(s) filling a vacancy due to. an unfilled Board of Director position up to the maximum number of Board of Directors permitted herein shall serve for a three (3) year term commencing on the date elected to the Board of Directors. Section 5.09. Compensation. No director shall be entitled to receive compensation for serving as a director of CASA. However, nothing herein shall be construed to prevent a director from receiving compensation for duties other than as a director or officer and for reimbursement of reasonable and necessary expenses approved by the Board of Directors and in accordance with the reimbursement policy of the Board of Directors. Restated Bylaws CASA for Riverside County, Inc. Page 5 of 17 ARTICLE VI: MEETINGS Section 6.01. Presiding Officer. The President shall preside at every meeting of the Board of Directors. If the President is not present, the Vice President shall act as Acting President only for the respective meeting at which the President is absent. Section 6.02. Place of Meetings. The Board of Directors may designate any place within the County of Riverside as the place of meeting for the regular meetings, the annual meeting, and -an -special-meeting-called-by-the-Baard of Directors. -- -- Section 6.03. Annual Meeting. • An annual meeting of the Board of Directors shall be held each year for the purpose of electing directors of CASA and for the transaction of such other business as the Board of Directors deem necessary and proper. The annual meeting shall be held during the month of January each year. Section 6.04. Regular Meetings. Meetings of the Board of Directors shall be held monthly, except as the Board of Directors may otherwise determine, at such times and at such places as may be determined from time to time by the President, or failing to act, by any two directors of the Board of Directors. The scheduling and the agenda of a regular meeting shall be specified by and through a written notice given not less than five calendar days before said meeting or by personal notice given not less than seventy-two hours before said meeting. No business other than that specified in the agenda for the regular meeting shall be transacted without the unanimous consent of all directors of the Board of Directors present at such meeting. Section 6.05. Special Meetings. Special meetings of the Board of Directors may be called by, or at the request of, the President or any two Board of Directors. The scheduling and the purpose of a special meeting shall be specified by and through a written or personal notice given not Restated Bylaws CASA for Riverside County, Inc. Page 6 of 17 less than forty-eight hours before said meeting. No business other than that specified in the notice of special meeting shall be transacted without the unanimous consent of all directors of the Board of Directors present at such meeting. Section 6.06. Waiver of Notice. Notice of a meeting need not be given to a director who signed a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to that director. All such waivers, consents or approvals shall be filed With the corporate records and made part of the minutes of the meeting. Section 6.07. Adjournment of Meetings. A majority of the directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. If the meeting is adjourned for more than twenty four hours, notice of an adjournment to another time or place shall be given prior to the time of the adjourned meeting to the directors who were not present at the time of the adjournment. Section 6.08. Quorum. A quorum of the Board of Directors for the transaction of business shall consist of a majority of the total number of Board of Directors, meaning 50% plus one director of the entire/all Board of Directors, are present at a particular meeting to transact business. At a meeting at which a quorum is initially present and enough directors take leave so that a quorum no longer exists, transaction of business may continue as if said quorum still existed subject to ratification of the transacted business at the next regularly scheduled Board of Directors meeting at which a quorum is present. Section 6.09. Voting. A director may hold one or more elected or appointed offices. Resifated Bylaws CASA for Riverside County, Inc. Page 7 of 17 However, each director is only entitled to one vote on the Board of Directors even if holding another office. Section 6.10. Simple Majority Vote. Business requiring a simple majority vote of the Board of Directors to be transacted shall consist of a majority vote of the quorum of Board of Directors. Section 6.11. Super Majority Vote. Business requiring a super majority vote of the Board_of Directors_to_bexransactesi_shall_consist_of majority vote of the entire/all Board of Directors (50% plus one director of all Board of Directors), not just a majority vote of the quorum of Board of Directors. Section 6.12. Required Votes to Approve/Pass Matters Voted Upon: All business transactions required to be voted on by the Board of Directors shall be approved or passed upon by a simple majority vote of the quorum of directors of the Board of Directors present and voting at a duly held meeting, except as specifically made otherwise herein requiring a super majority vote of the entire/all Board of Directors. Section 6.13. Director Participation. Members of the Board of Directors may participate in a meeting -through the use of conference telephone, electronic video screen communication, or other communications equipment. Participation in a meeting through the use of conference telephone pursuant to this section constitutes presence in person at that meeting as Iong as all members of the Board of Directors participating in the meeting are able to hear one another. Participation in a meeting through the use of electronic video screen communication or other communications equipment (other than conference telephone) pursuant to this section constitutes presence in person at that meeting provided that all members of the Board of Directors participating Restated Bylaws CASA for Riverside County, Inc. Page 8 of 17 in the meeting are able to hear one another and if all of the following apply: (1) each member participating in the meeting can communicate with all of the other members concurrently; (2) each member is provided the means of participating in all matters before the Board of Directors including, without limitation, the capacity to propose, or to interpose an objection to, a specific action to be taken by CASA; (3) CASA adopts and implements some means of verifying both of the following: (1) ' a person participating in the meeting is a director or other person entitled to participate in the Board of Directors meeting; and (1) all actions of, or votes by, the Board of Directors are taken or cast only by the directors and not persons who are not directors. (4) the requirements set forth in subsections (a), (b), and (c) of Section 6.13 herein shall remain in effect only until January 1, 2003, and as of that date, subsections (a), (b), and (c) of Section 6.13 shall be repealed pursuant to - • California Corporations Code Section 5211, Subsection (d). ARTICLE VII: OFFICERS Section 7.01. Elected Officers. The officers of CASA are elected by and from the Board of Directors and shall consist of a President,. a Vice President, a Secretary, and a Treasurer (also known as a Chief Financial Officer), and such other officers with such titles and duties as shall be determined by the Board of Directors to be necessary for CASA to carry out and to accomplish its purposes as set forth in these Restated Bylaws. An officer may concurrently serve as more than one officer up to two officer positions, except for the position of the President who shall only serve Restated Bylaws CASA for Riverside County, Inc. Page 9 of 17 in one officer position as President. Each officer shall serve for a term of one year, except those officers elected due to a vacancy caused by an occurrence set forth in subdivisions (a), (b), or (c) of Section 7.05 herein who shall serve to the expiration date of the term of the officer who formerly held the officer's seat now. vacant. Section 7.02. Elections. All officers of CASA shall be elected annually by the Board of Directors at its first meeting immediately following the annual meeting of the Board of Directors. Officeruhall be elected by a majori y vote of all Board of Directors (super majority vote). Section 7.03. Removal. The Board of Directors may, by a majority vote of all Board of Directors (super majority vote), remove an officer with or without cause. Section 7.04. Resignation. Any officer may resign upon written notice to the President and Secretary or to the Board of Directors. Said resignation shall be deemed accepted and effective five (5) business days from the date of the written notice, unless said notice specifies a later date for the effectiveness of the resignation. If the notice specifies a future date for the effectiveness of the resignation, a successor officer may be elected by a majority vote of all Board of Directors (super majority vote) to take office on the date the resignation becomes effective. Section 7.05. Vacancies. Vacancies of an officer shall exist upon the occurrence of any of the following: (a) death of an officer, (b) resignation of an officer, (c) removal of an officer, or (d) any unfilled officer position not otherwise caused by subdivisions (a), (b), or (c) up to the maximum number of officers permitted herein. The existing Board of Directors shall have the power to elect, by a majority vote of all Board of Directors (super majority vote), a new officer to fill any vacancy. Any new officer filling a vacancy due to any of the occurrences set forth in subdivisions (a), (b), or (c) herein, shall serve to the expiration date of the term of the officer who formerly held the Restated Bylaws CASA for Riverside County, Inc. Page 10 of 17 officer's seat now vacant. Any new officer(s) filling a vacancy due to an unfilled officer position up to the maximum number of officers permitted herein shall serve for a one (1) year term commencing on the date elected an officer by the Board of Directors. Section 7.06. President. The president shall preside over all meetings of the Board of Directors and the Executive Committee and, subject to the control of the Board of Directors, shall supervise and control the affairs of the corporation. The President shall present an annual report of the work of the corporation at each annual meeting and shall insure that all books, reports and certificates required by law are properly kept or filed. The President shall appoint the chairpersons of standing or ad hoc committees subject to ratification by a simple majority vote of a quorum of the directors of the Board of Directors present and voting at a duly held meeting. Section 7.07. Vice President. The Vice President, in the absence of the President, shall perform all of the duties and have all of the powers of the President. The Vice President shall also have such other powers and perform such other duties as shall be assigned by the Board of Directors. Section 7.08. Secretary. The Secretary shall keep a record of the proceedings of the Board of Directors and shall maintain the minutes and records of CASA. He/she shall serve all notices as required by law and the Restated Bylaws of CASA, shall submit to the Board of Directors any communications received as Secretary, shall attend to all correspondence of CASA, and shall exercise all duties incident to the Office of Secretary. In case of the Secretary's absence, refusal, or inability to act, the Secretary's duties may be performed by any person to whom the Board of Directors may direct and who shall accept such duties. Section 7.09. Treasurer/Chief Financial Officer. The Treasurer/Chief Financial Restated Bylaws CASA for Riverside County, Inc. Page 11 of 17 Officer shall have the care and custody of all monies belonging to CASA and shall furnish, prepare, and keep a full set of books of all accounts held by CASA, showing details of the business of the corporation, including all receipts and, disbursements, the amount of cash on hand, and the amount of money owed by or to CASA. The Treasurer/Chief Financial Officer shall present a financial report to the Board of Directors at each regular meeting or as otherwise established by the Board of Directors, which report shall be physically affixed to the minutes of such meeting, and shall prepare, funnish.and/or.present such other information as may pertinent in his/her judgment or such as may be required by the Board of Directors. The books and records of account shall at all times be open to inspection by any director of CASA. Section 7.10. Compensation: No officer shall be entitled to receive compensation for serving as an officer. However, nothing herein shall be construed to prevent an officer from receiving compensation for duties other than as a director or officer and for reimbursement of reasonable and necessary expenses approved by the Board of Directors and in accordance with the reimbursement policy of the Board of Directors. Section 7.11. Nondiscrimination Policy. While performing his/her duties and exercising any of his/her powers set forth herein or as otherwise directed, no officer elected herein shall discriminate against any persons on the basis of gender, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation or domestic partnership status. ARTICLE VIII: EXECUTIVE DIRECTOR Section 8.01. The Board of Directors, by a majority vote of all Board of Directors (super majority vote), may hire and fix the compensation of an Executive Director to conduct and supervise the activities and operations of CASA. The Executive Director shall report to the Board Restated Bylaws CASA for Riverside County, Inc. Page 12 of 17 of Directors at all meetings unless excused, and shall serve at the pleasure of the Board of Directors and subject to the provisions of any contract of employment entered into by and between the Executive Director and the Board of Directors. The Executive Director shall be responsible, subject to the approval by the Board of Directors, for the hiring and firing of any other, employee, staff and/or paid consultant of CASA. However, the Board of Directors, by a majority vote of the quorum of directors of the Board of Directors present and voting at a duly held meeting, shall ratify the compensation to any employee, staff member or consultant paid by CASA. Section 8.02. Nondiscrimination Policy. While performing his/her duties and exercising any of his/her powers provided herein or; as otherwise directed, no Executive Director and other employee, staff and/or paid consultant employed by and for or assisting CASA shall discriminate against any persons on the basis of gender, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation or domevtic partnership status. ARTICLE IX: COMMITTEES Section 9.01. The Board of Directors may, upon a majority vote of all Board of Directors (super majority vote) at a duly held meeting, create one or more committees as it deems necessary to carry out the work of CASA. Appointments to such committees shall be by a majority vote of the quorum of Board of Directors. Any committee created by the Board of Directors shall have two or more directors appointed to the committee and may have one or more officers who are also directors appointed to the committee. The Board of Directors may appoint one or more directors as alternate members of any committee, who may replace any absent member at any meeting of the committee. Any such committee that is created for the purpose of exercising certain powers of the Board of Directors, to the extent provided in a resolution of the Board of Directors or in these Restated Bylaws CASA for Riverside County, Inc. Page 13 of 17 Restai:ed Bylaws, shall have all the authority of the Board of Directors, except with respect to the following powers: (1) the approval of any action for which this part also requires approval of the Board of Directors; (2) the filling of vacancies on the Board of Directors or in any committee which has the authority of the Board of Directors; (3) the amendment or repeal of these Restated Bylaws_ or the adoption of new bylaws; (4) the amendment or repeal of,any resolution of the Board of Directors which by its express terms is not so amendable or repealable; (5) the appointment of committees of the Board of Directors; (6) the expenditure of corporate funds to support a nominee for director; and (7) the approval of any self-dealing transaction except as otherwise provided by law. Section 9.02. The Executive Committee. The executive committee, if any, shall be composed of the officers of CASA, each of whom is also a member of the Board of Directors. This committee shall be authorized to take action in the name of the Board of Directors when and if the need for such action arises between meetings of the Board of Directors. In no event, however, shall the executive committee have the authority set forth in subdivisions (a) through (g) of Section 9.01 herein. Section 9.03. Meeting of the Executive Committee. Meetings of the executive committee shall be conducted with a minimum of four calendar days' written notice if given by first Restated Bylaws CASA for Riverside County, Inc. Page 14 of 17 class mail, or forty-eight hours notice if given by person or by telephone. The foregoing notice provisions may be waived if written waiver of notice and consent to holding the meeting is given by each person entitled to such notice. Such other directors, employees, staff, or agents of CASA may be present at the meeting as designated by the President. Section 9.04. Quorum. A simple majority of the total number of authorized members of the executive committee and of any other committee created by the Board of Directors shall constitute a quorum for meetings of the executive committee and any other particular committee created by the Board of Directors. Business -may be transacted by a simple majority vote of the quorum of members of the particular committee present at a duly held meeting. ARTICLE X: INDEMNIFICATION Section 10.01. CASA has the power, upon approval by a majority vote of all Board of Directors (super majority vote) at a duly held meeting, to indemnify any agent, officer, director, employee or staff of CASA, who was acting in good faith and for the best interests of CASA and who was providing a service within his/her proper scope of duty for the benefit of CASA. Said indemnification may be provided to the fullest extent allowed by law and subject to the limitations imposed by the California Nonprofit Public Benefit Corporation Law, including Section 5238 of the California Corporations Code. However, CASA is not obligated nor required to indemnify any such agent, officer, director, employee or staff of CASA unless otherwise voted upon by the Board of Directors as set forth in this Section 10.01. ARTICLE XI: RULES OF ORDER Section 11.01. Rules of Order. Rules contained in the current edition of Robert's Restated Bylaws CASA for Riverside County, Inc. Page 15 of 17 Rules of Order, newly revised, may govern meetings of CASA during all times at which said rules are applicable and not in conflict with these Restated Bylaws. ARTICLE XII: AMENDMENT Section 12.01. These Restated Bylaws may be amended by a majority vote of all Board of Directors (super majority vote) at a duly held meeting at which a quorum of the Board of Directors is present and voting provided that the proposed amendment has been included in the notice _of the meeting at which _such action to amend is proposed to be taken. • ARTICLE XIII: - CONFIDENTIALITY Section 13.01. All persons govelined by these Restated Bylaws shall maintain in strict confidence any learned information that is personal to any child served by CASA. If it is necessary for any such person to share said learned information with the Board of Directors, Executive Director and any staff, employees or consultants, said 'information shall remain confidential by and between the Board of Directors, Executive Director and any staff, employees and consultants. This section does not apply to: (1) information that is required to be disclosed pursuant to the specific authority and duties provided to such person by CASA, (2) where such disclosure is required by applicable law or court order, or (3) if the Board of Directors, pursuant to a majority vote of the quorum of Board of Directors present and voting at a duly held meeting, agree to such disclosure. Restated Bylaws CASA for Riverside County, Inc. Page 16 of 17 CERTIFICATE OF ADOPTION OF RESTATED BYLAWS of CASA FOR RIVERSIDE COUNTY, INC. We, the undersigned do hereby certify: That we aro the duly elected officers of CASA for Riverside, County, Inc., a California Non -Profit Corporation. That the foregoing Bylaws constitute the Restated Bylaws of CASA, as duly adopted by the vote of at least a majority of all directors of the Board of Directors eligible to vote at a meeting of the Board of Directors thereof, held on S vi- . 1 y , __.___, 2000, Dated: 9 Dated: /"(<'60 PAAPPS\WPDATA'PROB100381DOCS\BYLAWS• 1.WPD 7/13/00kdb CASA FOR RIVERSIDE COUNTY, INC. By: Title: President (f By; Titl, ecretary Restated Bylaws CASA for Riverside County, Inc Page 17 of 17 Attachment: Map of Proposed Project Location and Service Area Figure LU -3 Land Use Policy Map CITY OF TEMECULA GENERAL PLAN RESIDENTIAL I RR I IVLI LI hillside (0-0.1 Du/Ac Max) Rlral (0-0.2 Du/Ac Max) Very Lav (02-0.4 DuIAC Max) Low (0.5-2 DWAcMax) Low Medium (3-6 Du/Ac Max) ® Medium (7-12 DWAc Max) _ High (13-20 Du/Ac Max) COMMERCIAL OFFICE En Neighborhood Commerdal - Community Commensal ® Highway Tourist Commercial ® Service Canmercial - Professional Office INDUSTRIAL EMI Industrial Park PUBUC USES & OPEN SPACE I Pi I Pubic Institutional Facilities I VA I Umeyards/Agricuitural ran Open Space I rrL J Tribal Trust Lands ® Recreation Commercial Overlay Adopted April 12, 2005 1 Nos. P»F.MFAworyX ZOOS a.irkd Pal Rd City of Murrieta c ,` Sphere of Influence a'�; aa F. F K s ". .fel Th.ry...n NO . r . rn 1 County of Riverside rota air «n Nlaberb N, .'i Lai SALar le 40 City of Murrieta std Y� 1f N d A.w. o_ AA- N = uw.°✓r'w.»"'iATOT,... 21 �..ENeNti.runrwa- en"i.»ii,sw.prya�"+ » E BEFHAO•vorMeHe 10 SIlit COMM . WYMw c�✓ raw a .iii «ua».aA...aruv».. Er' r I-- Temecula Cly Boundary ---. Sphere of Irnuerre Boundary PlamingArea Sow.: T.n.eW G6»e Cotrnffi.Idps,Aaoalte j .!1>4 Tw r. 0 2,500 5,000 7,500 10,000 Feel Mies 1,5 2 H H 0 OS ..,:.rill. •..................... a....... \ 1 1 1 \� 1 1 1 \l 1 \ 11 1. \ (, 1 \ 1 R \ I 11.1n Attachment 111 Project Description When a child is removed from his home due to abuse, neglect, or abandonment, he becomes a "ward of the court", or foster child. In 2009 over 4,000 children were reported as being in the juvenile dependency system in Riverside County according to the Department of Public Social Services. Last year alone the city of Temecula had 30 NEW children removed from their homes and placed into foster care. There are currently 64 children in Temecula living in foster or group homes. Court Appointed Special Advocates for Riverside County, Inc. recruits, screens, trains, and supervises community volunteers to advocate for the best interests of these children in and out of the courtroom in order to find safe and nurturing permanent homes. Foster children referred to our program by judges and social workers are the children at greatest risk of "falling through the cracks"; the children most in need of assistance. CASA volunteers become sworn officers of the court and offer a consistent adult figure in the volatile lives of these children. They are the only adult figure in the process that is not paid to be there. One of the primary benefits of the CASA program is that, unlike other court principals — who often rotate cases — the CASA volunteer commits to stay on a child's case until it is resolved and permanency is achieved. This is usually an 18 — 24 month time frame, but some cases can and have lasted years...with only 1 CASA volunteer! Because of this, CASA programs are very effective. Research suggests that children who have been assigned CASA volunteers spend less time in court and less time in the foster care system than those without a CASA volunteer. A volunteer spends a minimum of 15 hours per month on his case getting to know his child and what he needs and wants. He makes official recommendations to the court regarding the child and is more likely to have his recommendations accepted than a social worker or attorney due to his committed relationship with the child. This request to the City of Temecula Community Development Block Grant Program for $28,898 would be used to serve a minimum of 15 new at risk foster youth from Temecula. These funds would allow CASA to continue to fund the salary of a Case Supervisor for the Temecula area. A Case Supervisor is the staff member in charge of training and supervising volunteers. Due to nationally mandated guidelines, a Case Supervisor can oversee a maximum of 40 volunteers. The volunteer to child ratio is typically 1:1 (although some volunteers serve sibling sets). In order to increase the number of children we serve who are in need of a CASA volunteer, it is necessary to train and supervise more volunteers. Additional volunteers can only come about through the continuation of a Case Supervisor. As stated above, 64 of Temecula's children are currently living in foster care — waiting and hoping for a chance at a normal childhood. Nineteen of these children already receive the benefits of a CASA volunteer. Seven more of these children have been referred to our program by a judge, but are on a "waitlist" simply because there aren't enough volunteers. This "waitlist" number increases throughout the year, as does the number of children newly removed from their homes in Temecula. Twenty five of Attachment 111 Project Description our hundreds of volunteers are residents of Temecula. Funding this project would allow CASA for Riverside County, Inc. to recruit, screen, train, and supervise 15 new volunteers from the City of Temecula, allowing more of the residents of the city to take part in helping their vulnerable children. Ultimately these children are more likely to become contributing, compassionate members of their community (instead of social and economic burdens) with the help of a CASA volunteer. Attachment Goals and Objectives The specific goals of this project are: • Maintain current Case Supervisor to supervise volunteers in the City of Temecula • Obtain 15 new volunteer advocates who are residents of the City of Temecula • Assign 15 Temecula new children in foster care to newly appointed advocates • Supervise 15 new CASA volunteers CASA for Riverside County, Inc. will undertake the following activities in order to achieve the above stated goals: • Develop a volunteer recruitment plan to include the following o names of organizations where staff will conduct presentations for CASA o names of media to be contacted to market CASA o track results of recruitment plan • Conduct orientation sessions for potential volunteers • Conduct 3 regional training sessions for potential volunteers • Appoint volunteers who successfully complete screening and training processes to sworn officers of the court and assign children's cases • Provide constant support and supervision to each advocate ensuring effectiveness and compliance with court rules and regulations • Maintain communication with judges, attorneys, Department of Public Social Services (DPSS), Child Protective Services, and other key personnel in order to expedite the court and decision making processes for the children and identify gaps in services • Conduct ongoing data collection with investigation into ways to improve and share data to maximize efficiency without breaching confidentiality • Submit all required reports on time Attachment: Community Involvement and Partnerships CASA volunteers are members of the communities they serve. They reap the rewards of helping children and assisting them to reach their potential in all aspects of their lives. We have proven through our 20 years of serving Riverside County that children in the CASA program are often healthier and have more opportunity to become responsible citizens who understand the importance of giving back to their communities. With proper guidance they become contributing community members and not a burden on its social welfare systems. There are several methods used for community involvement assuring benefits to the maximum number of children. As CASA applies for funding from individual communities, staff and/or Board members appear before various City Councils or committees that have funding oversight. Additionally, CASA meets regularly with the community of public and private agencies that serve the target population. Representatives of these organizations work to determine how to better provide services to these children, identify gaps in services countywide or specific areas of the county, and evaluate ways to move children through the court and child welfare system more effectively and more compassionately. CASA maintains close relationships with the Juvenile Court Judges, who make final determination of which children are in greatest need of CASA, and with supervisory staff from Riverside County Child Protective Services to determine ways in which CASA can be of assistance. CASA volunteers interact daily with social workers from the Department of Public Social Services to assure that the best services are being provided for each child and that appropriate referrals are made to many Riverside County agencies including: Children's Advocacy Council of Riverside; Loma Linda Counseling Center; Inland Psychotherapy Group; Betty Ford Center; Barbara Sinatra Children's Center; Shelter from the Storm; The Foster Parents Associations throughout the county; Sheriffs Department; Victim Witness Program; local law enforcement agencies; Alternatives to Domestic Violence; and Safe House. CASA also works closely with private physicians and practitioners who provide services to the dependent children in Riverside County. Strong relationships have been developed with staff at each of the schools where CASA children are enrolled and with various local school districts and the Riverside County Office of Education. Each CASA volunteer is required to complete 12 hours of "continuing education" per year while serving in the program. These sessions include presentations and workshops by key personnel in the juvenile dependency system from all of Riverside County. CASA for Riverside County, Inc. Profit & Loss July 2009 through June 2010 Ordinary Income/Expense Income 4000 • Contributions and Support 4055 • Fund Raising 4300 • Grants 4445 • Contributed Goods 4446 • Contributed Services 4450 • Miscellaneous 4500 • Interest Total Income Expense 6110 • Automobile / Mileage 6112 • Auditing 6113 • Fund Development Consultation 6114 • Fundraising 6121 • Computer Maintenance 6130 • Salaries and benefits 6160 • Dues,Subscrips & Filing Fees 6180 • Insurance 6240 • Other Miscellaneous Expenses 6250 • Postage and Delivery 6340 • Telephone 6350 • Travel / Meetings 6391 • Advertising and Promotion 6395 • Training Expenses 6397 • Volunteer Recognition 6398 • Seminars / Conferences 6404 • Background Checks - Volunteers 6550 • Office Supplies and Materials 6651 • Merchant Bankcard Fees 6652 • Internet Services / Web Site 6653 • Bank Service Charges 6690 • Rent 6694 • Volunteer Mileage 7545 • Licenses & Permits 8325 • Taxes 8327 • Interest Expense 8500 Board Reserved 9000 • Contributed Svcs Total Expense Attachment VI -B Accrual Basis Jul '09 -Jun 10 41,052.25 40,987.64 390,666.96 76.00 121, 410.91 2,155.05 1,674.51 598,023.32 14,334.72 4,000.00 2,500.00 14, 555.02 988.05 292,603.80 955.00 4,549.96 809.71 983.62 9,174.04 5,817.24 5,779.33 3,038.36 297.47 2,170.31 4,912.00 4,927.32 376.53 1,318.05 544.00 426.00 38,841.39 20.00 10.00 583.78 62,000.00 120,644.75 597,160.45 Page 1 of 2 Net Ordinary Income Attachment VI -B Jul '09 - Jun 10 862.87 Net Income 862.87 Page 2 of 2 Attachment VII -A Exhibit 1: Persons Responsible for Project Implementation and Completion Name Qualifications Deborah Sutton Executive Director Will oversee entire project and request updates of the project's status on a regular basis Brings many years of non-profit program direction; has worked for CASA for 3 % years Denise Chavez Program Coordinator Supervises Case Supervisor Has worked for CASA for 7 years Julia Belcher Case Supervisor Experience in the social services and non-profit sectors; has worked for CASA for 11/2 years Gina Baker Grants Coordinator Will submit CDBG invoices and quarterly reports Has worked for CASA in administrative capacity for 1 year Kim Herrera Accountant Will ensure allocation of funds are properly recorded for audit purposes Has retained non-profit clients for several years; has been the CASA accountant for 3 years Exhibit 2: Organizational Chart Board of Directors Executive Director Case Supervisor 15 New C ASA Volunteers Attachment Explanations * * 2,700 units of service CASA volunteers typically work a minimum of 15 hours per month on their children's cases. 15 hours x 12 months x 15 children equals 2,700 units of service. At the California rate for the value of volunteer services ($23.29 per hour according to Independent Sector), this represents over $62,000 in time that the city's investment would leverage. ** Other costs: volunteer training expenses *** The funds are in the current fiscal year and expenditures are ongoing. All funds will be expended by the end of the fiscal year. EDA USEONLY PROPOSAL NUMBER REVIEWER DOCUMENT STAMP DATE RECEIVED: COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011- 2012 APPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: Riverside Area Rape Crisis Center Location: 1845 Chicago Avenue, Suite A City: Riverside Zip Code: 92507 Mailing Address: (same as above) Telephone Number: (951) 686-7273 Executive Director: Larry McAdara Telephone Number: (951) 686-7273 Program Manager: Larry McAdara Telephone Number: (951) 686-7273 Address (If different from above): Grant Writer: Larry McAdara Telephone Number: (951) 686-7273 Zip Code: (same) Fax Number: (951) 686-0839 E-mail: 1mcadara(a,rarcc.org E-mail: l mcadara@rarcc.org E-mail: Imcadara@rarcc.org II. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization) Date Organization founded: 1973 Date Organization incorporated as a non-profit organization: March 13, 1980 Federal identification number: 95-3245057 State identification number: 910-3448-8 Number of paid staff: 11 Number of volunteers: 60 ATTACH: Current Board of Directors (Label as Attachment LA) Articles ofincorporation and By -Laws (Label as Attachment LB) 4 III. PROJECT ACTIVITY: CDBG Funds Requested: $ 5,000.00 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment II Project Activity) 0 Countywide (check if project will serve multiple districts and/or cities). City (ies): City of Temecula and Region Community (ies): Regions: Other: What Supervisorial District does the activity occur within? District 3 NOTE: EDA will make the final determination of the appropriate service area of all proposals. Check ONLY the applicable category your application represents. O Real Property Acquisition ® Public Service 0 Housing ❑ Rehabilitation/Preservation (please provide picture of structure) O Public Facilities Improvements (construction) ❑ Other: (provide description) IV. PROJECT NARRATIVE: A. Name of Project: Direct Services / Rape Prevention Education Specific Location of Project (include street address; if a street address has not been assigned provide APN) Street: City:City of Temecula Zip Code: APN: Attach maps of proposed project(s) location and service area. 5 B. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary — Attachment III Project Description) See Attachment C. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): Funding from City of Temecula will be used for salaries of employees certified to provide support to rape victims including crisis intervention and advocacy. Funds will also be used for employee fringe benefits, space costs to implement the program for equipment. D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: 145 NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activities or service (weeks, months, year): 12 months Unduplicated number of clients/persons projected to serve (e.g., 25 clients, 50 seniors): 145 Units of service (Example: 25 clients x 10 visits = 250 units of service): Service will be provided to (check one or more): O Men ❑ Women ❑ Children ❑ Men/Women Range of children's ages: ® Men/Women/Children ® Families ❑ Seniors ® Severely Disabled Adults ® Migrant Farm Workers ® Homeless Number of beds of facility: N/A Anticipated number of "new" beds: N/A Length of stay (if residential facility): N/A E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meet these goals and objectives (measures should be both qualitative and quantitative)? The goal of this project is to provide direct services to victims of sexual assault in Temecula at Riverside County Regional Medical Center. A trained forensic nurse will conduct the exam and a trained Riverside Area Rape Crisis Center volunteer will advocate for the victim. In fiscal year 2009/2010, the Riverside Area Rape Crisis Center provided direct services to 142 rape victims. The goal is to continue to provide quality service for the same number of rape victims and provide rape prevention education to the community (1,227 individuals received rape prevention education in Southwest County in fiscal year 2009/2010). The SART Team meets on a regular basis (monthly) to evaluate each case. Doctors and Nurses along with law enforcement and the Rape Crisis Center meet to conduct case review to ensure quality service. Statistics are kept monthly of the number of clients that are being served.. 6 F. Discuss how this project directly benefits low- and moderate- income residents. This project benefits low and moderate income residents by providing services free of charge to all victims of sexual assault regardless of income levels, including but not limited to the categories of abused children, elderly persons, battered spouses, handicapped and/or homeless persons. The Riverside Area Rape Crisis Center provides free services to all rape victims from all neighborhood and all income levels. G. Respond to A & B only if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes 0 No EZI (b) If service is not new, will the existing public service activity level be substantially increased or improved? The service to rape victimswill substantially increase because victims will receive services within their local community. Victims will not have to be transported to Moreno Valley for the evidentiary exam. Exam and services will be provided by Riverside County Regional Medical Center and Riverside Area Rape Crisis Center certified Advocate Volunteers H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? Community involvement will include the information of a SART Team (Sexual Assault Response Team). Members of the team will include the Temecula Police Department, Medical staff from Riverside County Regional Medical Center, Staff from the Riverside Area Rape Crisis Center and the District Attorney's Office. The SART Team currently meets on a regular basis, once a month, to discuss individual cases and assure quality service I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? The RARCC has provided services to victims of sexual assault for over 35 years. It is the mission of the Rape Crisis Center to continue to provide quality service. The service to the residents of Temecula has strong community support including the Temecula Police Department and Riverside County Regional Medical Center. 7 V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: CATEGORY 1: Benefit to low -moderate income persons (must be documented). Please choose either subcategory A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT BG CT BG CT BG CT BG CT BG CT BG # Total population in Census Tract(s) / block group(s) # Total low -moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will provide documentation of their family size, income, and ethnicity. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low -moderate income persons. Clientele presumed to be principally low- and moderate -income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) ® Abused children ® Battered spouses ® Elderly persons ® Severely disabled adults Describe your clientele to be served by the activity. ® Homeless persons ® Illiterate adults ® Persons living with AIDS ® Migrant Farm workers CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area.N/A Is the project located in a Redevelopment Area? Yes 0 No ❑ If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label as Attachments: IV Category 2, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. 8 V. Project Benefit C. This project reaches the special populations including abused children, elderly persons, handicapped persons, homeless persons and victims of domestic violence. All cases are documented on our monthly agency intake forms. During 12 months ending 06/30/10, 29% of the sexual assault cases were abused minors (18 years and under), 9% were handicapped, and 2% were elderly. Special efforts are taken to reach the elderly population through our Senior Outreach Coordinator. High school students receive information through our Rape Prevention Education provided on a classroom by classroom basis. CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label as Attachments: V Category 3, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. NIA VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2011. If your proposed CDBG- funded activity will start on a date other than July 1, 2011, please indicate starting date. If these budget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: The Valley Senior Center is requesting funding of a new Senior Nutritional Program. The total cost of the program is $15,000. A total of $10,000 in CDBG funds is being requested for operating expenses associated with the proposed activity. Other non-CDBG funding will be used to pay pick-up the remaining costs for the program). TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED I. Personnel A. Salaries & Wages $383,121.00 $3,000.00 B. Fringe Benefits $79,308 $590 C. Consultants & Contract Services $6,000 $ SUB -TOTAL $468,429 $3,590.00 II. Non -Personnel A. Space Costs $63,378 B. Rental, Lease or Purchase of Equipment $8,500 C. Consumable Supplies $4,000 D. Travel $6,200 E. Telephone $12,500 F. Other Costs $167,260 SUB -TOTAL: $261,838 III. Architectural/Engineering Design $ IV. Acquisition of Real Property $ V. Construction/Rehabilitation $ 9 $300 $150 $400 $340 $220 $ $1,410 $ $ $ VI. Indirect Costs TOTAL: $730,267 $5,000 B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI -A, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Funding Source Amount Requested Date Available Type of Commitment CaIEMA $233,247 Sept 1 - Aug 31, 2011 Annual Dept of Public Health $62,446 Nov 1— Oct 31, 2011 Annual City of Moreno Valley $7,500 July 1— June 30, 2011 Annual City of Riverside CDBG $20,000 July 1 — June 30, 2011 Annual County of Riverside DPSS $1,997 July 1— June 30, 2011 Annual County of Riverside CDBG $8,125 July 1 — June 30, 2011 Annual City of Riverside Police $10,000 July 1— June 30, 2011 Annual C. Provide a summary by line item of your organization's previous year's income and expense statement (Attachment VI -B, Exhibits 1, 2, etc.). D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes ® No ❑ If yes, identify sources and indicate outcome. If no, please explain E. Was this project previously funded with CDBG funds? Yes ® No ❑ If yes, when? Yes, Temecula CDBG funds were granted in FY 2008/2009 Is this activity a continuation of a previously funded (CDBG) project? Yes ® No ❑ If yes, explain: This is a continuation of the delivery of direct services to victims of sexual assault with evidentiary exams being provided by Riverside County Regional Medical Center. Funding also provide support for the delivery of community education services in the Temecula Area. 10 VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source Activity Year Allocation Amount Expended CaIEMA Rape Crisis Svcs 2010- $233,247 $30,292 2011 Dept of Public Rape Crisis Svcs 2009 $64,226 $57,047 Health — 2010 City of Riverside Rape Crisis Svcs 2010 $20,000 $4,498 2011 City of Moreno $CAP 2010 $7,500 $1,678.55 Valley — 2011 County of Rape Crisis Svcs 2010 $11,997 $2,914.46 Riverside DPSS — 2011 B. Management Systems Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? Yes, The RARCC maintain agency policies such as Employee Handbook, Accounting Procedures Manual, we also maintain records of Vendor Files, Current and Past Employees, Grant Files, are all stored for safekeeping and reference. Evey third week of the month the Accountant comes in to prepare the financials for the previous month. Financial statements are then presented and discussed at the Agency monthly Board of Directors Meeting. C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII -A, Exhibits 1, 2, etc.). 11 / D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE START DATE COMPLETION DATE Provide direct services to 45 rape victims and their families 07/01/2011 On-going, Year round Provide assault awareness to 500 Children and adults 07/01/2011 On-going, Year round 12 I 4 APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): 1. The information contained in the project application is complete and accurate. 4g_ 2. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. 3. The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of local, (NON-CDBG) financial support for community development activities. 4. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. 5. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. 6. On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). DATE: /J./Li/ / U Signature: (-44:�/�/(2__ Print Name/Title ' 1 Authorized Representative: t.1 /Z 4 L/ Y / /,/1�. �� fto n 13 N Applicant's Check -list: The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE. Yes NO ATTACHMENT ® ❑ 1. Board of Directors ® ❑ 2. Articles of Incorporation and Bylaws ® ❑ 3. Project Activity Map ® ❑ 4. Project Description O ® 5. Project Benefit, Category 2. Slum Blight Documentation O 0 6. Project Benefit, Category 3, Urgency ® 0 7. Leveraging ® 0 8. Income and Expense Statement ® 0 9. Management Capacity 0 10. Board Written Authorization approving submission of application 14 I.A — Board of Directors CRISIS CENT R R/11011111011111.1 1 V ER S 1 D E• A R E A 1845 Chicago Avenue, Suite A • Riverside CA • 92507 Phone: 951.686.7273 • Toll Free: 866.686.7273 • FAX: 951.686.0839 info (a rarcc.org BOARD OF DIRECTORS 2009-2010 President TRACEY VACKAR (2008/2011) 11560 Rockspur Ct. Moreno Valley, CA 92555 Riverside County Office of Education Cell: 951.533.5533 Work: 951.826.6796 Home: 951.533.5533 FAX: 951.826.6440 tvackar@rcoe.us Vice -President PETER FARNEY 20751 Spindrift Lane Huntington Beach, CA 92646 Retired Sr. VP/CFO Inland Empire National Bank, Riverside Cell: 714.469.7417 Home: 714.963.4906 peterfarney@aol.com Treasurer DEBBIE HENLEY (2008/2011) 12415 Deep Valley Trail Moreno Valley, CA 92555 IT Manager Cell: Work: 951.486.7748 Home: 951.924.1416 dahhenley@gmail.com Secretary ANN B. STORMES, Ph.D. (2009/2012) P. O. Box 6040, March Air Reserve Base Riverside, CA 92518 Cell: 951.233.7089 FAX: 951.247.4031 brainstormes@,verizon.net Immediate Past President RONALD J. MCCASKILL (2007/2010) 5668 Queen Palms Drive Riverside, CA 92506 Retired Law Enforcement/Accounting RARCC Advocate Cell: 951.255.6307 Home: 951.686.0968 rlandr2@earthlink.net Page 1 of 4 Revised 08-04-10 RIVERSIDE AREA RAPE CRISIS CENTER BOARD OF DIRECTORS 2009-2010 Member DEBBIE ARTIS (2007/2010) 22742 Springdale Drive Moreno Valley, CA 92557 Title IX Coordinator University of California, Riverside Cell: Work: 951.827.7070 Home: 951.243.6639 FAX: 951.827.7071 debbie.artis@ucr.edu Member LAURA M. CUEVA-MILLER (2009/2012) 4515 Central Avenue, Suite 203 Riverside, CA 92506 Clinical Psychologist/Independent Practice Cell: 951.233.6041 Work: 951.788.6006 ext. 0 Home: 951.682.6619 FAX: 951.788.4486 laura6006@sbcglobal.net Member CHERIE CURZON (2012/2015) 1274 Versailles Circle Riverside, CA 92506 Retired Cell: 951.201.5054 Work: Home: 951.780.0369 FAX: 951.780.0369 cheriecurzon@aol.com Member JANIS DUKE (2012/2015) 7231 Chateau Ridge Lane Riverside, CA 92506 Retired: Riverside County Sheriff Cell: 951.452.5191 Home: 951.780.8484 FAX: 951.780.0628 iaguar22@earthlink.net Member LARRY N. FRANCIS, M.D., FACOG 38751 Bears Paw Drive Murrieta, CA 92562 Physician Home: 951.600.8828 Pager: 951.344.2787 FAX: docfrancisobgvn@verizon.net Member MARY ANNE GILL 2612 Chauncy Place Riverside, CA 92506 Cell: 951.313.1188 Work: Home: 951.224.9404 FAX: mgi11612(aicharter.net 3 rorncr ' Lajr Nei/m' 1,cov Member TINA D. HAMBLETON 2853 Fuihsia Place Riverside, CA 92503 Real Estate Broker Cell: Work: 951.453.7371 Home: FAX: 951.354.9359 tina.hambleton@realtor.com Member VALERIE HILL (2012/2015) 6934 Royal Hunt Ridge Riverside, CA 92506 Undersheriff, Riverside County Sheriff's Dept. Cell: 951.203.1578 Work: 951.955.2492; 951.955.2400 Home: 951.780.5082 FAX: 951.955.2428 valhill@earthlink.net Page 2 of 4 Revised 08-04-10 RIVERSIDE AREA RAPE CRISIS CENTER BOARD OF DIRECTORS 2009-2010 Member PATTY KNUDSON (2012/2015) 2420 Mary St. Riverside, CA 92506 Riverside County Sheriffs Department Professional Standards Bureau Cell: 951.347.1400 Work: 951.955.0434 Home: 951.780.8850 FAX: 951.955.2417 pknudson@riversidesheriff.org Member MITCHELL L. LEVERETT, Esq. (2012/2015) 1636 Via Galicia Corona, CA 92881 Attorney -Wait & Colfer Law Firm Cell: 951.515.7679 Work: 909.621.5672 Home: 951.735.9187 FAX: 909.399.0645 mleverett@wait-colfer.com Member MARY PARKS (2012/2015) 5451 Glenhaven Avenue Riverside, CA 92506 NBC4 Inland Empire Bureau Chief & Reporter Cell: Work: Home: FAX: maryparksnbc@yahoo.com Member LORI PENDERGRAFT (2009/2012) 5584 Inner Circle Drive Riverside, CA 92506 Lead School Psychologist/RUSD Cell: 951.346.6029 Work: Home: 951.683.7553 FAX: 1pendergraft@msn.com Member JOSE M. ROMERO (2013/2016) 9398 Stone Canyon Rd. Corona, Ca 92883 Insurance Sales, District Sales Coordinator Aflac Insurance Cell: 951.317.7770 Home: 951.367.0202 j_romero@us.aflac.com Member ELIZABETH (BETSY) SCHMECHEL (2008/2011) 2264 Elsinore Rd. Riverside, CA 92506 Principal/Washington Elementary School Cell: Work: 951.788.7305 Home: 951.781.6463 FAX: 951.352.8417 betsyschmechel@yahoo.com Member SANDY SCHNACK (2008/2011) 3551 Castle Reagh Riverside, CA 92506 Retired — Brodie Hoener Designs, Owner Cell: 951.347.2204 Work: Home: 951.347.2204 FAX: sandygarr46@yahoo.com Page 3 of 4 Revised 08-04-10 RIVERSIDE AREA RAPE CRISIS CENTER BOARD OF DIRECTORS 2009-2010 Member KRISTINE THORNBERRY (2008/2011) Riverside County District Attorney's Office 4075 Main Street Riverside, CA 92501 Director, Division of Victim Services Cell: Work: 955.955.5450 Home: 951.464.2373 FAX: 951.955.5640 kthornberry@rivcoda.org Executive Director LARRY MC ADARA 9697 Sunnybrook Dr. Moreno Valley, CA 92557 Cell: 951.897.7442 Work: 955.686.7273 Home: 951.485.7873 FAX: 951.686.0839 lmcadara@rarcc.org 21 Active Board Members Page 4 of 4 Revised 08-04-10 I . B — Articles of Incorporation and By - Laws BYLAWS OF THE RIVERSIDE AREA RAPE CRISIS CENTER A PRIVATE NON-PROFIT CORPORATION ARTICLE I NAME THE NAME OF THIS ORGANIZATION SHALL BE THE RIVERSIDE AREA RAPE CRISIS CENTER. ARTICLE II PURPOSE THE RIVERSIDE AREA RAPE CRISIS CENTER IS COMMITTED TO PROVIDING SUPPORT AND SERVICES TO SURVIVORS OF SEXUAL ASSAULT AND THEIR FAMILIES, AND TO PROVIDING COMMUNITY EDUCATION TO ACHIEVE AWARENESS AND PREVENTION OF SEXUAL ASSAULT. RARCC DOES NOT DISCRIMINATE ON THE BASIS OF RACE, SEX, RELIGION, OR NATIONAL ORIGIN. ARTICLE III BOARD OF DIRECTORS SECTION I. NUMBER THE BOARD OF DIRECTORS SHALL BE LIMITED TO A MINIMUM OF EIGHTEEN (1 8)AND A MAXIMUM OF TWENTY (20) DIRECTORS. SECTION 2. POWERS AND DUTIES A. THE ACTIVITIES AND AFFAIRS OF THE CORPORATION SHALL BE CONDUCTED AND ALL CORPORATE POWERS SHALL BE EXERCISED BY OR UNDER THE DIRECTION OF THE BOARD OF DIRECTORS. B. THE BOARD OF DIRECTORS SHALL HOLD THE VOTING RIGHTS OF THE CORPORATION. C. THE BOARD SHALL EMPLOY STAFF AND FIX THEIR COMPENSATION ACCORDING TO THE NEEDS AND FINANCIAL UMITATIONS OF THE CORPORATION. D. THE BOARD SHALL DESIGNATE THOSE WHO MAY SPEAK ON BEHALF OF THE CORPORATION. UNLESS OTHERWISE SPECIFIED, THE PRESIDENT AND EXECUTIVE DIRECTOR ARE AUTHORIZED TO SPEAK ON'BEHALF OF THE CORPORATION. E. THE BOARD MAY DESIGNATE THE EXECUTIVE DIRECTOR TO CO-SIGN CHECKS FOR THE CORPORATION. F. THE BOARD MAY AUTHORIZE ANY OFFICER, AGENT OR STAFF TO ENTER INTO ANY CONTRACT OR EXECUTE ANY INSTRUMENT IN THE NAME OF AND ON BEHALF OF THE CORPORATION. G THE BOARD SHALL SET ALL POUCIES FOR THE CORPORATION. H. UNLESS OTHERWISE SPECIFIED, ALL VOTES TAKEN SHALL BE BY A 2/3 MAJORITY OF THE BOARD MEMBERS PRESENT. 1 SECTION 3. TERM DIRECTORS SHALL BE ELECTED FOR A TERM OF THREE (3) YEARS AND MAY SERVE NO MORE THAN TWO CONSECUTIVE TERMS. IF A DIRECTOR IS ELECTED TO A TERM OF LESS THAN THREE (3) YEARS THEN THEY MAY BE RE-ELECTED ONLY ONCE. FOLLOWING TWO (2) CONSECUTIVE TERMS A DIRECTOR MAY BE ELECTED TO THE BOARD AGAIN AFTER A MINIMUM OF ONE (1) YEAR OFF THE BOARD. ALL TERMS BEGIN AND END AT THE ANNUAL MEETING. SECTION 4. ELECTION OF BOARD ELECTION OF DIRECTORS SHALL OCCUR REGULARLY AT THE ANNUAL MEETING. PRIOR TO THE PREPARATION OF A SLATE OF CANDIDATES, THE BOARD SHALL DETERMINE THE NUMBER OF BOARD VACANCIES TO BE FILLED WITHIN THE RANGE AS STIPULATED IN THESE BYLAWS. THE NOMINATING COMMITTEE SHALL THEN HAVE RESPONSIBILITY FOR PREPARING A SLATE OF CANDIDATES. THE SLATE OF CANDIDATES SHALL BE MAILED TO EACH BOARD MEMBER AT LEAST (30) DAYS PRIOR TO THE ANNUAL MEETING WHERE ADDITIONAL NOMINATIONS MAY BE MADE FROM THEFLOOR. THE BOARD MAY VOTE ON THE SLATE AS A WHOLE OR ON INDIVIDUAL CANDIDATES IF REQUESTED BY ANY BOARD MEMBER. VOTE SHALL BE BY SECRET BALLOT IF REQUESTED BY ANY BOARD MEMBER. SECTION 5. VACANCIES A VACANCIES ON THE BOARD ARE CREATED WHEN: 1) A DIRECTOR SUBMITS A WRITTEN RESIGNATION TO THE PRESIDENT. 2) A DIRECTOR MAY BE REMOVED BY 2/3 VOTE OF THE BOARD OF THOSE PRESENT IF THEY HAVE MISSED THREE (3) CONSECUTIVE MEETINGS. 3) A DIRECTOR IS REMOVED FOR A CAUSE BY TWO-THIRDS VOTE, TAKEN BY SECRET BALLOT, OF THOSE BOARD MEMBERS PRESENT. SUCH DIRECTOR MUST BE GIVEN 15 DAYS WRITTEN NOTIFICATION OF THE REASONS FOR SUCH REMOVAL, AND GIVEN THE OPPORTUNITY TO RESPOND IN WRITING AND ORALLY ATA MEETING OF THE BOARD. SUCH RESPONSE MUST BE MADE WITHIN 30 DAYS FROM RECEIPT OF NOTIFICATION OF REMOVAL 4) A BOARD MEMBER WHO ANTICIPATES A LEAVE OF ABSENCE EXCEEDING THREE MONTHS SHALL REQUEST A LEAVE OF ABSENCE FROM THE BOARD. ' B.VACANCIES ARE FILLED AT EACH ANNUAL MEETING UNLESS THE NUMBER OF DIRECTORS FALLS WITHIN TWO (2) OF THE MINIMUM NUMBER AS INDICATED IN THESE BYLAWS. IF SUCH IS THE CASE, THE BOARD SHALL DESIGNATE THE NUMBER OF VACANCIES TO BE FILLED ELECTION OF THESE DIRECTORS SHALL OCCUR AT A SUBSEQUENT BOARD MEETING FOLLOWING THE SAME PROCEDURE AS INDICATED IN ARTICLE II, SECTION 4 OF THESE BYLAWS EXCEPT THAT THE TERM SHALL BEGIN UPON ELECTION AND SHALL END TWO (2) YEARS FROM THE SEPTEMBER FOLLOWING THE ELECTION. 2 SECTION 6. COMPENSATION DIRECTORS SHALL NOT RECEIVE COMPENSATION FOR THE ROUTINE BUSINESS OF THE CORPORATION. SPECIAL EXPENSES MAY BE AUTHORIZED BY THE BOARD. DIRECTORS MAY NOT BE COMPENSATED FOR RENDERING SERVICES TO THE CORPORATION IN ANY CAPACITY OTHER THAN DIRECTOR UNLESS SUCH COMPENSATION IS APPROVED BY A MAJORITY VOTE OF THE BOARD OF DIRECTORS, SUCH VOTE TAKEN WHEN THE DIRECTOR TO BE COMPENSATED IS NOT PRESENT AND NOT VOTING. ARTICLE IV OFFICERS SECTION I. PERSONNEL THE OFFICERS OF THE BOARD OF DIRECTORS OF THIS CORPORATION SHALL CONSIST OF A PRESIDENT, PRESIDENT ELECT, VICE-PRESIDENT, SECRETARY, TREASURER AND THE IMMEDIATE PAST PRESIDENT. THESE OFFICERS SHALL PERFORM THE DUTIES PRESCRIBED BY THESE BYLAWS AND BY THE PARLIAMENTARY AUTHORITY ADOPTED BY THE BOARD OF DIRECTORS OF THIS CORPORATION. SECTION 2. ELECTION OF OFFICERS ELECTION OF OFFICERS SHALL OCCUR AT THE ANNUAL MEETING. THE NOMINATING COMMITTEE SHALL PREPARE A SLATE OF CANDIDATES FOR THE OFFICERS OF THE CORPORATION WHICH SHALL BE MAILED TO EACH BOARD MEMBER AT 1 FAST THIRTY (30) DAYS PRIOR TO THE ANNUAL MEETING. ADDITIONAL NOMINATIONS SHALL BE ACCEPTED FROM THE FLOOR AT THE MEETING. VOTE SHALL BE BY SECRET BALLOT IF REQUESTED BY ANY BOARD MEMBER OR IF THERE IS MORE THAN ONE (1) CANDIDATE FOR ANY OFFICE. SECTION 3. TERM OF OFFICE. A THE OFFICERS SHALL BE ELECTED TO SERVE FOR ONE (1) YEAR AND THEIR TERM OF OFFICE SHALL BEGIN AT THE CLOSE OF THE ANNUAL MEETING AT WHICH THEY ARE ELECTED. B NO DIRECTOR SHALL HOLD MORE THAN ONE OFFICE AT A TIME, AND NO DIRECTOR SHALL BE ELIGIBLE TO SERVE MORE THAN TWO (2) CONSECUTIVE TERMS IN THE SAME OFFICE. -3- SECTION 4. RESIGNATION AND REMOVAL A ANY OFFICER MAY RESIGN AT ANY TIME. SUCH RESIGNATION SHALL TAKE EFFECT ON THE DATE OF RECEIPT OF NOTICE OR ANY LATER TIME SPECIFIED THEREIN. THE ACCEPTANCE OF SUCH RESIGNATION SHALL NOT BE NECESSARY TO MAKE IT EFFECTIVE. B. ANY OFFICER MAY BE REMOVED FROM OFFICE, FOR CAUSE BY A 2/3 MAJORITY VOTE OF THE BOARD BY THOSE PRESENT. SUCH OFFICER MUST BE GIVEN 15 DAYS WRITTEN NOTIFICATION OF THE REASONS FOli SUCH REMOVAL, AND GIVEN THE OPPORTUNITY TO RESPOND IN WRITING AND ORALLY AT A MEETING OF THE BOARD. SUCH RESPONSE MUST BE MADE WITHIN 30 DAYS FROM RECEIPT OF NOTIFICATION OF REMOVAL SECTION 5. FILLING OF VACANCIES. IF DIRECTED TO DO SO BY THE BOARD, THE NOMINATING COMMITTEE SHALL PRESENT CANDIDATES FOR ANY VACANT OFFICE TO THE BOARD FOR ELECTION. ADDITIONAL NOMINATIONS MAY BE TAKEN FROM THE BOARD. VOTE SHALL BE BY SECRET BALLOT IF THERE IS MORE THAN ONE (1) CANDIDATE FOR THE OFFICE OR IF REQUESTED BY ANY BOARD MEMBER. THE OFFICER ELECTED TO SUCH VACANCY SHALL SERVE FOR THE REMAINDER OF THE TERM OF THE OFFICE. THIS ELECTION SHALL BE CONSIDERED THE FIRST TERM HELD IN THIS OFFICE. SECTION 6. DUTIES OF OFFICERS. A. THE RESPONSIBILITIES OF PRESIDENT ARE AS FOLLOWS; 1) SHALL PRESIDE AT ALL MEETINGS OF THE BOARD OF DIRECTORS. 2) SHALL SEE THAT ALL ORDERS AND RESOLUTIONS OF THE BOARD ARE CARRIED OUT AND SHALL EXERCISE SUCH POWERS AS ARE NECESSARY TO FULFILL THE DUTIES OF THE OFFICE. 3) SHALL SUBJECT TO THE CONTROL OF THE BOARD OF DIRECTORS, HAVE GENERAL SUPERVISION, DIRECTION, AND CONTROL OF THE BUSINESS AND THE OFFICERS OF THE CORPORATION. 4) SHALL SIGN AT ALL TIMES LEASES, MORTGAGES, DEEDS, GRANT AGREEMENTS, AND OTHER LEGAL DOCUMENTS. 5) MUST BE SIGNATORY TO ALL PROMISSORY NOTES AND MAY CO-SIGN CHECKS. 6) IS AN EX -OFFICIO MEMBER OF ALL COMMITTEES EXCEPT NOMINATING COMMITTEE. 7) SHALL ACT AS A SPOKESPERSON ON BEHALF OF THE ORGANIZATION. 4 B. PRESIDENT-ELECT: THE PRESIDENT-ELECT SHALL BE IN TRAINING FOR THE OFFICE OF PRESIDENT. SME SHALL. ASSUME THE OFFICE OF PRESIDENT AT THE CLOSE OF THE ANNUAL MEETING ONE YEAR FOLLOWING ELECTION . S/HE SHALL SERVE AS A VOTING MEMBER OF THE EXECUTIVE COMMITTEE AND A VOTING MEMBER OF THE BOARD OF DIRECTORS. THE PRESIDENT-ELECT SHALL SERVE AS CHAIR OF THE ADVISORY COMMITTEE, CONVENE MEETINGS OF THE ADVISORY COMMITTEE, AND SERVE AS ITS UAISON WITH THE EXECUTIVE COMMITTEE. C. VICE PRESIDENT. THE RESPONSIBILITIES OF THE VICE-PRESIDENT ARE AS FOLLOWS: 1 ) SHALL ACT IN THE PLACE AND STEAD OF THE PRESIDENT IN THE EVENT OF ABSENCE, INABIUTY, OR REFUSAL TO ACT. 2) SHALL SERVE AS THE ADMINISTRATIVE ASSISTANT TO THE PRESIDENT. 3) SHALL OVERSEE THE RELATIONSHIP OF THE CORPORATION WITH THE CRIMINAL JUSTICE SYSTEM. 4) SHALL EXERCISE AND DISCHARGE SUCH OTHER DUTIES AS MAY BE REQUIRED OF THE OFFICE. 5) MAY CO-SIGN CHECKS. D. SECRETARY THE SECRETARY SHALL HAVE RESPONSIBIUTY FOR: 1 ) THE MINUTES OF ALL MEETINGS OF THE BOARD AND SHALL MAINTAIN A FILE OF THE ORIGINAL SIGNED COPIES WITH AMENDMENTS, FOLLOWING APPROVAL OF SUCH MINUTES BY THE BOARD. 2) THE ORIGINAL OR A COPY OF THE BYLAWS AS AMENDED TO DATE. 3) SEEING THAT ALL NOTICES ARE DULY GIVEN IN ACCORDANCE WITH THE PROVISIONS OF THESE BYLAWS OR AS REQUIRED BY LAW. 4) MAINTAINING AN UPDATED BOARD ROSTER. 5) ALL OFFICIAL RECORDS AND CORRESPONDENCE OF THE CORPORATION. 6) SUCH OTHER DUTIES AS MAY BE REQUIRED OF THE OFFICE. 7) MAY CO-SIGN CHECKS. E. TREASURER THE TREASURER SHALL HAVE RESPONSIBILITY FOR: 1) PREPARING MONTHLY FINANCIAL REPORTS. 2) CHAIRING THE FINANCE COMMITTEE IN ITS PREPARATION OF THE BUDGET AND ITS MONfTORING OF THE FINANCES OF THE CORPORATION.. 3) MAY CO-SIGN CHECKS. 5 ARTICLE V MEETINGS SECTION I. SCHEDULE OF REGULAR MEETINGS MEETINGS OF THE BOARD OF DIRECTORS SHALL BE HELD ON A MONTHLY BASIS UNLESS DEEMED UNNECESSARY BYA MAJORITY OF THE BOARD. THE BOARD SHALL MEET ON THE FIRST THURSDAY OF EACH MONTH, UNLESS ANOTHER DATE IS SPECIFIED BY THE BOARD. SECTION 2. ANNUAL MEETING THE ANNUAL MEETING SHALL BE HELD IN OCTOBER OF EACH YEAR UPON NOTICE BY THE BOARD OF DIRECTORS. THE BUSINESS WHICH MAY BE _ TRANSACTED AT THE ANNUAL MEETING SHALL INCLUDE A REVIEW OF THE ANNUAL REPORT, THE ELECTION OF OFFICERS OF THE CORPORATION, THE ELECTION OF DIRECTORS AND MAY INCLUDE SUCH OTHER BUSINESS AS MAY BE NECESSARY. SECTION 3. SPECIAL MEETINGS SPECIAL MEETINGS CAN BE CALLED BY THE PRESIDENT OR THE EXECUTIVE BOARD, OR SHALL BE CALLED UPON THE WRITTEN REQUEST OF TEN (10) DIRECTORS, DIRECTED TO THE PRESIDENT. THE PURPOSE OF THE MEETING SHALL BE STATED IN THE CALL EXCEPT IN EMERGENCIES, AT LEAST THREE (3) DAYS NOTICE SHALL BE GIVEN. SECTION 4. QUORUM A QUORUM SHALL CONSIST OF NO LESS THAN EIGHT (8) DIRECTORS OF THE CORPORATION. ARTICLE VI COMMITTEES THE FOLLOWING COMMITTEES ARE THE REGULAR COMMITTEES OF THE CORPORATION. EACH COMMITTEE SHALL BE CHAIRED BYA BOARD MEMBER. ALL COMMITTEES ARE OPEN TO MEMBERSHIP OUTSIDE THE BOARD OF DIRECTORS EXCEPT FOR THE NOMINATING AND PERSONNEL COMMITTEES. MEETINGS SHALL BE SCHEDULED AS DETERMINED BY THE COMMITTEE MEMBERS. 6 SECTION 1. EXECUTIVE COMMITTEE. THE EXECUTIVE COMMITTEE IS COMPRISED OF THE OFFICERS OF THE BOARD AND THE CHAIRS OF THE STANDING COMMITTEES. MINUTES SHALL BE TAKEN AND ALL ACTION REPORTED AND RATIFIED AT THE FOLLOWING BOARD MEETING. A QUORUM SHALL CONSIST OF FOUR (4) MEMBERS. COMMITTEE MEMBERS SHALL DETERMINE MEETING TIME AND DATE AND ALL COMMITTEE MEMBERS SHALL BE NOTIFIED. THE PRESIDENT MAY CALL SPECIAL MEETINGS AS REQUIRED. THE DUTIES OF THE COMMITTEE SHALL BE LIMITED TO: 1 ) DEVELOPING THE AGENDA FOR THE BOARD MEETINGS. 2) ASSISTING THE PRESIDENT AND BOARD OF DIRECTORS IN SHORT-TERM ADMINISTRATION AND DECISION MAKING. 3 ) TAKING EMERGENCY ACTION AS REQUIRED TO MAINTAIN THE FUNCTIONING OF THE ORGANIZATION. 4) EVALUATION OF THE EXECUTIVE DIRECTOR UTILIZING THE FORM, STANDARDS AND PROCEDURE OUTUNED IN THE PERSONNEL POLICIES. ' 5 ) THE COMMITTEE SHALL BRING TO THE ATTENTION OF THE BOARD ABSENCES BY BOARD MEMBERS, WHEN SAID BOARD MEMBER HAS ACHIEVED 3 UNEXCUSED ABSENCES. THE BOARD MAY DELEGATE OTHER POWERS AND DUTIES, SPECIFICALLY OR GENERALLY, TO THE COMMITTEE. SUCH DELEGATION MAY BE MODIFIED OR REVOKED AT ANY TIME BY THE BOARD. SECTION 2. PERSONNEL COMMITTEE THE DUTIES OF THE COMMITTEE ARE AS FOLLOWS; 1 ) DEVELOP AND RECOMMEND TO THE BOARD PERSONNEL POUCIES RELATING TO EMPLOYMENT OF STAFF. 2) RECRUITMENT AND SELECTION OF CANDIDATES FOR THE POSITION OF EXECUTIVE DIRECTOR WHICH SHALL BE SUBMITTED AS A RECOMMENDATION TO THE BOARD. 3 ) ADDRESS ALL PERSONNEL GRIEVANCES AND MAKE RECOMMENDATION TO THE BOARD CONCERNING THEIR RESOLUTION. 7 SECTION 3. FINANCE COMMITTEE THE RESPONSIBILITIES OF THE FINANCE COMMITTEE INCLUDE; 1 ) PREPARATION OF A BUDGET FOR THE CORPORATION. 2 ) ARRANGE FOR AN ANNUAL INDEPENDENT AUDIT AND A COMPLETE FINANCIAL REPORT TO THE BOARD. 3) WORK CLOSELY WITH THE EXECUTIVE DIRECTOR IN FINANCIAL ACCOUNTABILITY. 4) MAKING RECOMMENDATIONS ON INVESTMENTS, CORPORATE INSURANCE AND INCOME AND EXPENDITURES. SECTION 4. NOMINATING COMMITTEE THE NOMINATING COMMITTEE SHALL CONSIST OF AT LEAST THREE (3) BOARD MEMBERS ELECTED BY THE BOARD. THE COMMITTEE SHALL HAVE RESPONSIBILITY FOR PREPARING RECOMMENDATIONS FOR BOARD MEMBERSHIP AND FOR OFFICERS OF THE CORPORATION AND SHALL PRESENT THESE AS DESIGNATED BY THESE BYLAWS. SECTION 5. PROGRAM COMMITTEE. THE PROGRAM COMMITTEE SHALL DEVELOP AND RECOMMEND TO THE BOARD GOALS AND OBJECTIVES FOR THE PROGRAM OF THE ORGANIZATION. IT SHALL BE INVOLVED IN ONGOING PROGRAM DEVELOPMENT AND EVALUATION TO ACCOMPUSH THOSE GOALS AND OBJECTIVES. SECTION 6. SPECIAL COMMITTEES. SPECIAL COMMITTEES MAY BE FORMED AT ANY TIME BY THE BOARD TO DEAL WITH SPECIFIC MATTERS NEEDING ATTENTION. FOLLOWING COMPLETION OF THEIR ASSIGNED TASK THEY SHALL DISBAND. SECTION 7. ADVISORY COMMITTEE. THE ADVISORY COMMITTEE SHALL ADVISE AND CONFER WITH THE BOARD OF DIRECTORS ON SPECIFIC AND SPECIALIZED MATTERS. THE GOALS OF THE ADVISORY COMMITTEE ARE PARALLEL TO THOSE OF THE BOARD OF DIRECTORS IN TERMS OF MISSION AND PHILOSOPHY. TERM OF SERVICE AND REAPPOINTMENT IS AT THE DISCRETION OF THE BOARD OF DIRECTORS. THE PRESIDENT-ELECT SHALL SERVE AS CHAIR OF THE ADVISORY COMMITTEE. MEETINGS WILL NOT OCCUR ON A REGULARLY SCHEDULED BASIS BUT WILL, AT THE MINIMUM, OCCUR ANNUALLY. 8 ARTICLE VII BOOKS AND RECORDS SECTION 1. EXAMINATION BY BOARD THE BOOKS, RECORDS, AND PAPERS OF THE CORPORATION, EXCLUDING CUENT FILES, SHALL, DURING REASONABLE BUSINESS HOURS, BE SUBJECT TO INSPECTION BY ANY BOARD MEMBER. ACCESS TO•PERSONNEL FILES IS RESTRICTED TO THE EXECUTIVE COMMITTEE OR OTHERS WITH BOARD APPROVAL BY-LAWS REVISIONS ADOPTED BY THE BOARD OF DIRECTORS JULY 9, 1992 9 111111 R/PE CRISS CE\TE? R IV ERSIDE *AREA Serving the Communities of Banning, Beaumont, Corona, Jutvpa, Lake Elsinore, Moreno Valley, Murrieta, Norco, Perris Valley, Riverside and Temecula Mary Anne Gill, President Stephanie Weissman, President Elect Donna Doty Michalka, Vice President Gloria Cowan, Secretary Ofivia Jaramillo, Treasurer Danuta Tuszynska, Immediate Past President Michael J. Blakely Jane Brown James E. Curtis Linda Dixon Janis K. Duke Peter Lau Lawrence Lujan Catherine Marshal! Jessie L. Meyers Edmond Otis Virginia Phillips Gene Rogers Barbara Stinchecum Lynda W. Warren Advisory Committed Donna Dahl Dr. David Englander Diana Finley Cheryl Hagen Jackie Mimms Art Pick Sheriff Larry Smith Susan Stark District Attorney Grover Trask Honorable Richard Van Frank Jane Walton Sharon Weaver Colleen Williams Executive Director Jack! Calnek A United Way Agency AMENDMENT TO THE BY LAWS OF THE RIVERSIDE AREA RAPE CRISIS CENTER ARTICLE III, SECTION 1 The Board of Directors shall be limited to a minimum of eighteen (18) and a maximum of twenty-three (23) directors. Motion passed at October 5, 1995 Board meeting. 1465 Spruce Street, Suite G • Riverside, California 92507 • (909) 686-7273 • FAX (909) 6g6-0839 RADE CRSS C R I V E R S i D E • A R E A Serving the Communities of Banning, Beaumont, Corona, Jurupa, Lake Elsinore, Moreno Valley, Murrieta, Norco, Penis Valley, Riverside and Temecula Board of Directors Mary Anne Gill, President Stephanie Weissman President Elect Janis K. Duke, Vice President Lawrence Lujan, Secretary Lynda Warren Ph.D.. Treasurer Michael J. Blakely Jane Brown Linda Dixon Kenneth Fernandez Olivia Jaramlllo Sklplaruth Kendall 'eter Lau Catherine Marshall Jessie L. Meyers Donna Doty Mlchalka Ben Novell Edmond Otis Gene Rogers Barbara Stlnchecum Advisory Committee Donna Dahl Joy Defenbaugh Dr. Davld Englander Cheryl Hagen Jackie Mimms Art Pick Sheriff Lany Smith Susan Stark District Attomey Grover Trask Honorable Richard Van Frank Jane Walton Sharon Weaver Colleen WilIlams Executive Director Jack Calnek AMENDMENT TO THE BY LAWS OF THE RIVERSIDE AREA RAPE CRISIS CENTER Article VI - Section 5 - Program Committee Change to ProgramNolunteer Committee New description: The Committee shall develop and recommend to the Board goals and objectives for the program of the organization. It shall be involved in ongoing program development and evaluation to accomplish those goals and objectives. The Committee shall monitor training, supervision and recognition of volunteers and develop volunteer policies. It shall select "Volunteer of the Year" and submit a recommendation to the Board. Motion passed at January 2, 1997 Board meeting. A United Wo, . Agency 1465 Spruce Street, Suite G • Riverside, California 92507 • (909) 686-7273 • FAX (909) 686-0839 • • R/DE CRSIS C R ( V ER S IDE • A R EA Serving the Communities of Banning, Beaumont, Corona. Jurupa, Lake Elsinore, Morono Valley, Murneta, Norco, Perris Valley, Riverside and Temecu/a BY-LAWS CHANGES Board 01 Director Mary Anne Gill, President Stephanie Weissman President Elect Janis K. Duke. Vice President Lawrence Lu/an, Secretary Lynda Warren Ph.D.. Treasurer Michael J. Blakely Jane Brown Linda Dixon Kenneth Fernandez Olivia Jaramiilo Skiplaruth Kendall Peter Lau Catherine Marshall Jessie L. Meyers Donna Dory Michalka Ben Novell Edmond Offs Gene Rogers Barbara Stinchecum Advisory Committee Donna Dahl Joy Defenbaugh Dr. David Englander Cheryl Hagen Jackie Mimms Art Pick Sheriff Larry Smith Susan Stark District Attorney Grover Trask Honorable Richard Van Frank Jane Walton Colleen Williams Executive Director Lucie Ramsey el* A united Way Agency Conflict of interest (Note - Today, for nonprofit status the IRS requires a statement concerning conflict of interest) Conflict of Interest. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and make payments and distributions in furtherance of the purposes set forth in the Articles of Incorporation. Actual expenses incurred by board members while conducting the affairs of the corporation may be paid by the Treasurer, provided that such expenses are authorized in advance by the Executive Committee or the board. No substantial part of the activities of the corporation shall be.the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in or intervene in any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501 (c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Code) or (b) by a corporation, contributions to which are deductible under Section 170 (c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law). Indemnification (Note - Statement required by insurance companies) The member of the Board shall not be held personally liable for the obligations of the Corporation, and shall not be liable in damages to the Corporation for claim, damage, suit or injury of whatever nature which may result from the fulfillment of their director's duties when they discharge the duties of their position good faith and with that degree of diligence, care and skill which ordinarily prudent persons would exercise under similar circumstances in like positions. Motion passed at October 10, 1996 Board meeting. 1465 Spruce Street, Suite G • Riverside, California 92507 • (909) 686-7273 • FAX (909) 686-0839 ARTICLES OF INCORPORATION OF RIVERSIDE WOMEN AGAINST RAPE 84-C615 In Ole • c.: Stt,itq of of Slate Dy U:;)%.1: y I. NAME The name of this Corporation is Riverside Women Against Rape. , II. PURPOSES AND POWERS The purposes of this Corporation are: (a) The primary purposes for which this Corporation is formed are to help provide emotional and informational support and reassurance ta victims of rap= by providing emergency aid to victims in immediate rape trauma in the form of advocacy support through the legal and medical pro- cesses following a rape; by providing information concerning the legal process, medical referrals, and counseling re- ferrals whenever necessary to both past victims and those in immediate trauma; and by serving as a support group to family members of rape,victims. The Corporation will also provide educational services to the general community con- cerning the much confused topic of rape in the form of speakers, film presentations and self-defense seminars. (b) The general purposes and powers are to have and exercise all rights and powers conferred on nonprofit corporations under the laws of California, including the power to contract, rent, buy or sell personal or real property; provided, however, that this Corporation shall not, except to an unsubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of this Corporation. ORGANIZATION This Corporation is organized pursuant to the General Non -Profit Corporation Law o•f the State of California and does not contemplate pecuniary gain or profit to the members thereof and is organized. for norTtbEit purposes. IV. PRINCIPAL OFFICE The County in this State of the principal office where the transaction of the business of the Corporation is located in Riverside County. V. DIRECTORS' The number of first Directors of this Corporation is three (3) The names and addresses of the persons appointed to act as first Directors are•: -2- Jean Mansfield 3427 Trinity Court Riverside, CA 92506 Mary Drumonde 4757 Roundup Norco, CA 91760 Margaret O'Brian ' 3131 Watkins Dr. (230 Riverside, CA 92507 VI.. ACTION WITHOUT MEETING The Board of Directors may take any action without a meeting that may be required or permitted to be taken by the Board at a meeting, if all members of the Board indi- vidually or collectively consent in writing to the action. The written consent or consents shall be filed in the minutes of the proceedings of the'Board. The action by written consent shall have the same effect as a unanimous vote of Directors. Any certificate or other document filed with the minutes of the proceedings shall state that the action was taken by unanimous written consent of the Board without a meeting and that the Articles of the Corporation authorise this action. VII. BYLAW PROVISIONS (a) Directors. The manner in which Directors shall be chosen and removed from office, their qualifica- tions, powers, duties, compensation, and tenure of office, -3- the manner of filling vacancies on the Board, and the manner of calling and holding meetings of Directors, shall be as stated in the Bylaws. (b) Members. The authorized number, if any, and qualifications of members of the Corporation, the filling of vacancies, the different classes of membership, if any, the property, voting, and other rights and privileges of members, and their liability for dues and assessments and the method. of collection, and the termination and transfer of membership shall be as stated in the. Bylaws. VIII. DEDICATION AND DISSOLUTION (a) The property of this Corporation is irre- vocably.dedieated to the purposes specified in Article II(a) and (b) meeting the requirements for exemption provided. by Section 214 of the Revenue and Taxation Code of the State of California and no part of the net income or assets of this organization shall ever inure to the benefit of any Director, officer, dr member thereof, or the benefit of any private persons. (b) On the .dissolution or winding up of the Corporation, its assets remaining after payment of, or provision for payment of, all debts and liabilities of this Corporation, shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for purposes similar to those in Article II(a), -4- and which has established ...its tax exempt status under Section 501(c)(3) of the Internal Revenue Code, as amended. (c) If this Corporation holds any assets in trust, or the Corporation is formed for charitable purposes, such assets shall be disposed of in such manner as may be directed by decree of the Superior Court of the county in which the Corporation has its principal office, on petition -therefor by the Attorney General, or by any person concerned in the liquidation, in a proceeding to which the. Attorney General is a party. Ix. LIMITATION ON CORPORATE ACTIVITIES No substantial part of the activities of this Corporation shall consist -of the•carryini► -n of propaganda, or otherwise attempting, to influence legislation, nor shall this Corporation participate in, or- intervene in, (including the publishing and distributing of statements), any political campaign on behalf of any candidate for public office. IN WITNESS WHEREOF, the undersigned, who are the incorporators of and include the named first Directors of this Corporation, have executed these Articles of Incorpo ra- -5- • r!tir�sE:sz J; t STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. On this x "."': - day of ../,/ .47 , 197. before me, the undersigned, a Notary Public ill and for said County and State, duly commissioned and sworn, personally appeared, Jean Mansfield, Mary'Drumonde and Margaret O'Brian known to me to be the persons whose names are subscribed to the foregoing Articles of Incorporation, and acknowledged to me that they executed the same. WITNESS my hand and official seal the day and year first above written. OFFICIAL SEAL KATHY GARRETT NOTARY PUBLIC RIVEC'SIOE CO., CALIF. My ccmm;sr70n cxoires 5•78.01 (SEAL) •• Notary Public •in%andFor said County /and State tion on //'!- , 197Z. can Hansfield Mar)/ Drumonde ' MargareE O'Brian -6- • C Project Activity ;-ER ED (- 7 951 •686- 7 _73 AGENCY Y SERVICE AREAS ' ^+cc; __..:cc -z it -.jI :::,wr .7-17 c cc ;2.1, RIVERSIDE AREA RAPE CRISIS (9O9-€36-7273): •• Arc r i i i(H • ;c� �crcve• =ci-�y . rift '� �. a i • Fi ,cre c=r: Sca�.:rcr,t ▪ .....s • Gardens, . oeil ► Cwn • � .anc�a • Lake.land Ca(ifcr;{ • Ca(iresa Vilace . River -side • Canyon Lake - Lake Elsircre • Rcmcland • Cherry Valley • Mead Valley . P,uhidoc.x • Carona • i41enireei • Sedca Hills . Ccronita • Mira Lama • Sun City= • Eden Hct • Morena Valley • Sunnyslcce Scrncs • Meranco . Temecula • Ei Cera Reservation • U !bite Nate.r • Glen Avcr, • Murrieta (also refer to • Glen Ivy Hat • Norco H.U.W.) Springs • Pachenga • Wildemar • Good Hcce Reservaticn r Project Description B. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary — Attachment 111 Project Description): The RARCC provides direct services to rape survivors (women, men and children) and their families. These services are provided 7 days a week, 24 hours a day and include hospital, court and law enforcement accompaniment and advocacy. A 24 hour crisis line, support group, in-person counseling and information and referral are also provided. All services are free to rape victims and their families. The Riverside Area Rape Crisis Center is notified of all reported rapes by law enforcement or hospital medical staff. The rape victim is met at the hospital by a Riverside Area Rape Crisis Center advocate who remains with him or her as long as needed, usually 3 to 4 hours. Services for additional support and referrals are offered to family and friends of rape survivor. All rape cases are followed up within 48 hours and further services of counseling, support groups, etc. is provided as needed. Victims are taken to Riverside County Regional Medical Center and the Riverside Area Rape Crisis Center has trained volunteer Advocates to assist victims through the sexual assault exam and subsequent follow-up as necessary. Leveraging B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI -A, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Funding Source Amount Requested Date Available Type of Commitment CalEMA $233,247 Sept 1 - Aug 31, 2011 Annual Dept of Public Health $62,446 Nov 1 — Oct 31, 2011 Annual City of Moreno Valley $7,500 July 1 — June 30, 2011 Annual City of Riverside CDBG $20,000 July 1 — June 30, 2011 Annual County of Riverside DPSS $1,997 July 1 — June 30, 2011 Annual County of Riverside CDBG $8,125 July 1 — June 30, 2011 Annual City of Riverside Police $10,000 July 1 — June 30, 2011 Annual STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, GOVERNOR PUBLIC SAFETY AND VICTIM SERVICES PROGRAMS DIVISION CALIFORNIA EMERGENCY MANAGEMENT AGENCY VICTIM SERVICES BRANCH 3650 SCHRIEVER AVENUE MATHER, CALIFORNIA 95655 TELEPHONE: (916) 324-9101 FAX: (916) 324-8554 October 5, 2010 Larry McAdara Executive Director Riverside Area Rape Crisis Center 1845 Chicago Avenue, Suite A Riverside, CA 92507 Dear Mr. McAdara: 56 1p�0 060'0 0 SUBJECT: NOTIFICATION OF APPLICATION APPROVAL Rape Crisis Program (201001803) Award #: RC10 30 1021. Cal EMA ID#: 065-90502 Congratulations! The California Emergency Management Agency (Cal EMA) has approved your application in the amount of $238,857, subject to Budget approval. A copy of your approved subgrant is enclosed for your records. Cal EMA will make every effort to process payment requests within 60 days of receipt. This subgrant is subject to the Cal EMA Recipient Handbook. You are encouraged to read and familiarize yourself with the Cal EMA Recipient Handbook, which can be viewed on Cal EMA's website at www.calema.ca.gov. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a close-out or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal EMA. Should you have questions on your subgrant, please contact your Program Specialist. LEVS Grant Processing . Enclosure c: Recipient's file STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (CDPH Rev 12/08) COPY REGISTRATION NUMBER AGREEMENT NUMBER 09-11614 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Public Health (Also referred to as CDPH or the State) CONTRACTOR'S NAME Riverside Area Rape Crisis Center (Also referred to as Contractor) 2. The term of this Agreement is: 11/01/09 through 10/31/11 3. The maximum amount $ 124,892 of this Agreement is: One Hundred Twenty Four Thousand Eight Hundred and Ninety Two Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of this Agreement. Exhibit A — Scope of Work Exhibit B — Budget Detail and Payment Provisions Exhibit B, Attachment I — Budget (Year 1) Exhibit B, Attachment II — Budget (Year 2) Exhibit C * — General Terms and Conditions Exhibit D (F) — Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit E — Additional Provisions Exhibit F — Contractor's Release Exhibit G — Travel Reimbursement information 12 pages 3 pages 1 page 1 page GTC 307 26 pages 2 pages 1 page 2 pages Items shown above with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at http://www.ols.dgs.ca.gov/Standard+Lanquage. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) Riverside Ra - Cri /Center PRINTED NAME AND TITLE OF PERSON SIGNING Larry McAdara, Executive Director DATE SI ED (Do�ot type) ADDRESS 1845 Chicago Avenue, Suite A Riverside CA 92507 STATE OF CALIFORNIA AGENCY NAME California Department of Public Health BY (Authorized Signature) .@S DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Sandra Winters, Chief, Contracts and Purchasing Services Section ADDRESS 1501 Capitol Avenue, Suite 71.5178, MS 1802, PO Box 997377 Sacramento, CA 95899-7377 California Department of General Services Use Only Exempt per: TEL: 951.413.3450 FAX: 951.413.3459 WWW.MORENO-VALLEY.CA.US September 27, 2010 MORENO VALLEY ERDREAMS SOAR Mr. Larry McAdara, Executive Director Riverside Area Rape Crisis Center 1845 Chicago Avenue, Ste A Riverside, CA 92507 14177 FREDERICK STREET P. 0. BOX 88005 MORENO VALLEY, CA 92552-0805 Subject: Notice to Proceed - Community Development Block Grant (CDBG) Agreement Dear Mr. McAdara: Enclosed please find an executed Program Agreement between the City of Moreno Valley and the Riverside Area Rape Crisis Center for the 2010/2011 CDBG program year. The Agreement is for the operation of the Child Abuse Prevention Education Program. You are hereby issued this Notice to Proceed, and may begin program seivices to Moreno Valley residents as specified in the Agreement. You are authorized to incur costs not to exceed $7,500.00, retroactive to July 1, 2010. As noted in the Agreement, it is your responsibility to abide by program guidelines and to submit a monthly status report on your program activities by the fifteenth (15th) of each month. Please use the attached Monthly Statistical Reports (Exhibit "C" of the Agreement) and include any applicable narrative. Forward reports and invoices to the following address: City of Moreno Valley Economic Development Department Neighborhood Preservation Division Attn: Donna Moeller, Housing Program Specialist P.O. Box 88005 Moreno Valley, CA 92552-0805 We look forward to working with you to provide vital services and programs to our residents. If you have any questions regarding your Agreement, or should you require any additional information, please feel free to contact me by phone at (951) 413-3463, fax (951) 413-3459, or email at donnam@moval.org. Donna M. Moeller Housing Program Specialist Enclosures NEIGHBORHOOD PRESERVATION DIVISION 10/13/2010 9:25:04 AM -0700 City of Riverside FINANCE DEPARTMENT - PURCHASING DIVISION Reoeuecie 3900 MAIN STREET. CITY HALL RIVERSIDE, CA 92122 951-826-6661 FAX 951$26.58T8 PAGE 2 OF 2 PURCHASE ORDER NO. 112837 TO RECEIVE PROPER PAYMENTTNE ABOVE PO NUMBER YLST APPEAR OM ALL INVOICCQ O LL0 or LAONO. rAMAaca. aonacarniocucc, nc. DATE: 10/13/10 BUYER: Malcolm Scott VENDOR:RIVERSIDE AREA RAPE CRISIS CNTR 1845 CHICAGO AVE STE A RIVERSIDE, CA 92507 SHIP & BILL TO: CITY OF RIVERSIDE DEVELOPMENT - ADMIN - 5th Floor 3900 MAIN STREET RIVERSIDE, CA 92522 ATTN: IDA HOLDEN Req. # R76975 Vendor# 0012064 Ship Via FreightTerms FOB Pureh Loc S28002 Sourceof Quote AGREEMENT Confirmed To Payment Terms N/30 Del Date QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 20,000 LT Contract agreement dated 7/28/2010 Subrecipient 1.00 20,000.00 BY shall provide services to survivors of sexual assault and their families as well as rape prevention and community education programs. FY 10/11 not to exceed $20,000 Council Approved 4/13/2010. 2835100 453110 20,000.00 TOTAL 20,000.00 NOTE: THE TERMS AND CONDITIONS STATED CN THE REVERSE SIDE HEREOF ARE APPLICABLE TO THIS ORDER AND SELLER AGREES THERETO BY ACKNOWLEDGMENT OR PERFORMANCE CITY MANAGER (IF REQUIRED) FINANCE DIRECTOR (IF REQUIRED) PURCHASING SERVICES MANAGER BY BY BY VENDOR ACKNOWLEDGMENT DATE RECEIVED (IN FULL OR AS NOTED) DATE APPROVED FOR PAYMENT DATE BY BY BY RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES AMENDMENT # 2 - Renewal PROFESSIONAL SERVICES AGREEMENT WITH Riverside Area Rape Crisis Center PROFESSIONAL SERVICES CONTRACT: AA -01114-02 CONTRACT TERM: July 1, 2010 through June 30, 2011 EFFECTIVE DATE OF AMENDMENT: July 1, 2010 MAXIMUM AMOUNT: $11,997.00 COPY The agreement between the Riverside County Department of Public Social Services, hereinafter referred to as DPSS, and Riverside Area Rape Crisis Center, hereinafter referred to as Contractor, is amended in the following particulars and no others: 1. DPSS and Contractor agree to renew, extend, and modify the Professional Services Contract as stated herein. 2. On page one, Contract Term, change dates to read: "July 1, 2010 through June 30, 2011" 3. On page 6, Section VI. "GENERAL PROVISIONS", subsection A. "Effective Period", replace the effective dates to read: "July 1, 2010 through June 30, 2011, with one (1) one-year option to renew." 4. On page 5, Section V, "FISCAL PROVISIONS", subsection D. "Method, Time and Schedule/Conditions of Payment", subsection "5.", delete in it's entirety and replace with the following: "5. Each claiming period shall consist of a calendar month claiming period. Contractor Invoice estimates for May and June are due no later than the 10th of June. Actual Contractor invoices for May and June are due no later than the 30th of July." 5. On page 12, Section VI. "GENERAL PROVISIONS", subsection U. "Modification of Terms", delete in it's entirety and replace with the following: "No addition to or alteration of the terms of this Contract, whether by written or verbal understanding of the parties, their officers, agents, or employees shall be valid unless made in writing and formally approved and executed by both parties. Requests to modify fiscal provisions shall be submitted no later than April 1." COUNTY OF RIVERSIDc EDA ECONOMIC DEVELOPMENT AGENCY File No.: 0.72-10 October 6, 2010 LarryMcAdara, Executive Director Riverside Area Rape Crisis Center 1845 Chicago Ave., Suite A Riverside, CA 92507 SUBJECT: AUTHORIZATION TO INCUR COST / EXECUTED AGREEMENT Project: File No.: Allocation: Riverside Area Rape Crisis Center 0.72-10 $ 8,125 Dear Mr.McAdara: Enclosed is a fully executed copy of the 2010-2011 Sponsors Agreement for the use of Community Development Block Grant (CDBG) funds for your activity. The U.S. Department of Housing and Urban Development and the Riverside County Economic Development Agency have completed their regulatory, administrative, and environmental review of your project. This letter authorizes your organization to incur costs for reimbursement retroactive to July 1, 2010. CDBG MANAGEMENT INFORMATION All claims will be reviewed for compliance with applicable CDBG and HUD regulations and OMB Circulars as identified in your Sponsor's Agreement. Carefully review this agreement including the sections relating to contract administration and reimbursement of claims. Reimbursement requests, Direct Benefit Report Forms, and the Self -certification Forms (if applicable) are to be submitted monthly to EDA. You are also required to submit "Quarterly Reports" providing the significant events affecting your overall project timetable. It is imperative that these requirements are met. Failure to meet performance measures and reporting requirements will reflect upon your organization's capacity to manage a grant in a timely manner. A management deficiency could result in the County de -funding your activity. All clients benefitting from your CDBG-funded activities must submit the enclosed Self -certification Forms (English/Spanish) with a copy sent to EDA. At least 51% of your agency's clientele must meet the income limits established by HUD. A copy of those Income Limits is enclosed for your use. Furthermore, at least 10% of the clientele served must be randomly selected for income verification. These verifications must be submitted to EDA as well. P.O. Box 1180 • Riverside, California • 92502 • T: 951.955.8916 • F: 951.955.6686 Administration Aviation Business Intelligence Cultural Services Community Services Custodial S:\Templates\EDA-006a-Letterhead-Color. doc Housing Housing Authority Information Technology Maintenance Marketing Economic Development Edward -Dean Museum Environmental Planning Fair & National Date Festival Foreign Trade Graffiti Abatement Parking Project Management Purchasing Group Real Property Redevelopment Agency Workforce Development File No.: 0.72-10 October 6, 2010 Page 2 Notice to Incur Cost Letter For audit purposes, recipients of CDBG funds must comply with applicable auditing requirements (OMB Circular A - 128/A -133). The CDBG funds are identified in the Code of Federal Domestic Assistance (CFDA) §14.218. If you have any questions, please contact Sterlon Sims at (951) 955-3141. Sincerely, John Thurman, EDA Development Manager — CDBG/ESG Programs SH:JT:SS:Im Enclosure: Executed Agreement Direct Benefit Activity Report Form Income Self -Certification Forms HUD Income Limits Chart 10/07/2010 4:00:52 PM -0700 City of Riverside Cul /Z.,..;44 3900 Main Street Riverside, CA 92522 www.riversideca.gov • GENERAL ACCOUNT FINANCE DEPARTMENT RIVERSIDE, CA PAGE 2 OF 2 BANK OFRlCA SOUTHERN CALIFORNIA GOVERNMENT SERVICES DIVISION #1431 16.66 1220 VENDOR ID DATE CHECK NO. AMOUNT 0012064 10/08/2010 20015004 $ ****10,000.00 PAYEXCTIv TEN Thousand Dollars and ZERO Cents TO THE ORDER OF RIVERSIDE AREA RAPE CRISIS CNTR 1845 CHICAGO AVE STE A RIVERSIDE, CA 92507 Cryeor4 3900 Main Street Riverside, CA 92522 V01D 180 DAYS AFTER ISSUANCE NON—NEGOTIABLE ***ELECTRONIC PAYMENT*** VENDOR ID VENDOR NAME CHECK DATE CHECK NO. 0012064 RIVERSIDE AREA RAPE CRISIS CNT 10/08/2010 20015004 DATE INVOICENUMBER P 0 NUMBER DESCRIPTION AMOUNT PAID CR. MEMO DISCOUNT NET AMOUNT 09/15/2010 09/15/10 Rape Crisis Cent 10,000.00 0.00 10,000.00 For questions regarding this remittance, please call (951)826-5548 TOTAL 10,000. Income and Expense Statement Riverside Area Rape Crisis Center Operating Budget 2010-2011 Board Approved July 1, 2010 Amended and Approved by Board 09-09-10 2010-2011 Budget % REVENUE General Income $ 600 0% Ca1EMA Income $ 233,247 32% CDPH Income $ 62,446 9% City of Temecula $ 5,000 1% City of Moreno Valley (CAP) $ 7,500 1% City of Riverside CDBG $ 20,000 3% FJC Reimbursement (SARCs) $ 15,166 2% County of Riverside (DPSS) $ 10,000 1 County of Riverside CDBG $ 8,125 1% City of Riverside Police $ 10,000 1% Soroptimist Clubs $ 1,000 0% United Way Inland Valley $ 30,818 4% Crystal Vision Grant Revenue $ 25,000 3% Larry Francis Scholarship $ 494 0% Foundation Grants $ 52,240 7% Private Donation $ 10,000 1% United Way Donor Designations $ 5,500 1% Special Events $ 130,000 18% Reimbursements Received $ 3,500 0% DA's SASRU Grant (8 months) $ 31,645 4% Interest Income $ 100 0% Volunteer Training Income $ 2,000 0% InterDept Rent $ 19,176 3% Postage $ 1,700 0% TOTAL REVENUE $ 683,557 94% Value of In -Kind Services $ 46,710 6% ADJUSTED TOTAL REVENUE $ 730,267 100% Board Approved July 1, 2010 Amended and Approved by Board 09-09-10 2010-2011 Budget % EXPENSES Salaries & Wages $ 326,927 45% SARCs Salaries&Wages (2 months) $ 13,346 2% DA's SASRU Grant (8 months) $ 27,848 4% Direct Service Assistants $ 15,000 2% Health Benefits $ 35,034 5% Payroll Taxes (10%) $ 36,812 5% Workers Comp. Ins (2%). $ 7,362 1% Retirement Expense $ 100 0% Conference Fees $ 1,500 0% Travel & Mileage $ 6,200 1% Equip. Rental & Maintenance $ 8,500 1% Office Maintenance $ 1,000 0% Office Furniture & Equip. $ 1,000 0% Accounting & Auditing $ 19,000 3% Consultant Fee $ .. 6,000 1% Advertising $ 1,000 0% Annual Dinner $ 400 0% Direct Aid $ 3,000 0% Educational Materials $ 500 0% Auction Expenses $ 30,000 4% Liability & D&O Insurance $ 8,500 1% Memberships $ 1,600 0% Cleaning Services $ 2,400 0% Postage $ 1,700 0% Printing/DupIicating $ 3,500 0% Taxes and Licenses $ 500 0% Rent $ 19,176 3% Mortgage Interest $ 39,002 5% Association Fees $ 5,200 1% Meetings Expense $ 500 0% Crystal Vision/Strength/Be Strong $ 25,000 3% Alarm Service $ 450 0% Staff Development $ 1,000 0% Supplies $ 4,000 1% Telephone & Answering Svc $ 12,500 2% Volunteer Training $ 3,500 0% Utilities $ 4,500 1% Internet Service $ 1,100 0% Volunteer Recognition $ 2,000 0% Water Service $ 400 0% Bank Charges/Fees $ 2,000 0% Miscellaneous $ 1,500 0% Depreciation Expense $ 33,044 5% Interest on Line of Credit $ 3,000 0% Loan Orgination Fees $ - 0% TOTAL EXPENSES $ 716,601 98% Value of In -Kind Services $ 46,710 6% Less Depreciation $ (33,044) -5% ADJUSTED TOTAL EXPENSES $ 730,267 100% Change in Net Assets $ 0 0% Board Approved July 1, 2010 Amended and Approved by Board 09-09-10 Management Capacity VII. Management Capacity A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal Funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. The Riverside Area Rape Crisis Center has served residents of Western Riverside County since it founding in 1973. The Center is governed by a 20 member volunteer Board of Directors, a roster of the Board is included in this proposal. There are 10 FTE employees and 1 Part Time employee, and 60 trained program volunteers, who provide services to victims and their families and staff our Speaker's Bureau. The center receives funds from a variety of sources including; California Emergency Management Agency, County of Riverside, Cities of Moreno Valley and Riverside; United Way Inland Valley and from foundations, corporate and individual donors, as well as special event fundraisers. RAPE CRISIS CENTER R I \' ER S 1 1) E • A R E A Board of Directors Executive Director Larry McAdara Executive Asst. Romer San Miguel Director of Programs Debora Heaps Admin Asst / Grant Coordinator I Direct Services Coord. Anne Johnson Volunteer Coord. Community Educator Marcy Duncan Riverside FJC Sexual Assault Response Coordinator Janell Reed Senior Outreach Coord. Community Educator Regina Goodpaster Sexual Assault Specialized Response Unit Donna Carper ORGANIZATIONAL CHART Latino Outreach Coord. Community Educator Yadira Lucas Mendieta SAN FJC Sexual Assault Response Coordinator Colleen Hughes 11/2/2010 Board Written Authorization approving submission of application Riverside Area Rape Center Minutes of the Board of Directors Meeting July 1, 2010 Present: Absent: Debbie Henley, Peter Farney, Patty Knudson, Lori Pendergraft, Valerie Hill, Mary Anne Gill, Sandy Schnack, Tracey Vackar, Cherie Curzon, Tina Hambleton, Kristine Thornberry, Ron McCaskill, Joey Romero Debbie Artis, Mary Parks, Betsey Schmechel, Larry Francis, Laura Cueva-Miller, Ann Stormes, Mitch Leverett, Jan Duke Staff: Larry McAdara, Executive Director Welcome and Introductions • The meeting was called to order by President Tracey Vackar at 5:30 p.m. Tracey took a moment to report on the Volunteer Recognition dinner that was hosted at her home. The dinner was a potluck and the awards and entertainment were spectacular, to include the view from Tracey's patio. Tracey also acknowledged the survivor who shared her experience with everyone there with special emphasis on how important our role as advocate can be. Thanks to Tracey for graciously hosting! Larry expressed the sincere appreciation of the staff to Tracey for having hosted the evening. • Tracey requested volunteers for the Nominating Committee. Mary Anne Gill volunteered to chair with Tina Hambleton, and Sandy Schnack as members. They will report to the Board in August with a proposed slate of officers for the coming year. II. Approval of Minutes • The Minutes from June 3, 2010 were approved as presented. MSC (Knudson/Gill) III. Treasurer's Report — May, 2010 • As a cost saving measure, it was noted that we would not be supplying hard copies of the Treasurer's report (Financials) since it is emailed to all the members before the meeting and shown on the screen in the conference room during the meeting. • It was reported that we made a net profit for the period of $2,132.99. • Cash is at a reasonable level for the period — in the area of $50,000 cumulatively. • Variances on the Consolidated Statement of Activity will be adjusted to accommodate year-end on next month's statement. • It was reported that the YTD Foundation and Private Donations combined figures were in the area of $52,000 — a good level for the period, albeit it less than the budgeted combined figures that constitute the Agency balancing accounts for budgeting purposes. • On the expense side, the cost of Volunteer Training is up for the period due to the additional number of trainings that have been held and is partially offset by the stipends collected from the volunteers who attend. • It was pointed out on the Prior Year Comparison that the Agency realized a substantial savings in Change to Net Assets that reflects the cuts that have been made throughout the year along with the success of this year's Auction. Riverside Area Rape Center Minutes of the Board of Directors Meeting July 1, 2010 • Debbie reported that we have been able to refrain from using the line of credit for two months as of now. Debbie also reported that First National Bank of Southern California renewed the full $75,000 line of credit until November, 2010 at which time they will review our financial position following our audit. • The financials were accepted and approved as presented. (MSC Farney/McCaskill) • The BUDGET for FYE 06-30-11 was presented and approved. (MSC Hambleton/Curzon) It was noted that the overall budget figure for the period is less than last year and is below $750,000. It was further noted that $9, 080 has been allocated to account for a 20 -hour part-time position. It was also noted that the balancing account for the period is $41,630, substantially Iess than years previous. Special Events (Auction and other fundraisers) were budgeted for $100,000. It was reported that a 3% increase (optional) has been built into the budget. IV. Communications Larry read an email from a survivor that was sent to us, Donna Carper, our Advocate, and the District Attorney's office. Despite the unintended outcome of her court case, she could not express enough the appreciation for the support she received from all the parties involved during her ordeal. Larry was able to report of some of the Agency stats through March, 2010. We are in the process of updating our database that should help with making the numbers and report more timely in the future. That said, for the nine months ending March, 2011 the Agency did 1500 hotlines, 300 advocacies and 600 in -persons. V. SART/MDT-Larry McAdara • Larry reported that he had been informed that a new SART room for the Southwest is imminent within the next few months. VI. Auction Update — Larry McAdara • In Jan's absence Larry reported that the net to date for this year's Auction was $111,961 versus $65,000 last year. A great job by all concerned! • It was also reported that the original artwork donated by Sandy Simmons next year will have a theme revolving around the Fox Theatre and will be exclusive to our Auction. Also our original piece of jewelry designed by our very own Sandy will also have a Fox Theatre theme. VII. Executive Director's Report — Larry McAdara • Larry took the opportunity to thank Joey Romero for his incredible work on our Facebook page that now has over 600 friends. Joey reinforced the fact that this venue allows us the opportunity to acknowledge and document the other work we do to include self-defense, causes like Denim Day, volunteer recognition along with the annual gala. Patty Knudson suggested that we might try to do a `Sponsor a Survivor Bag' fundraiser perhaps in the Fall. Tina Hambleton also suggested the retail store voucher programs (like Borders) that we might pursue on a smaller scale. Kristine Thornberry suggested getting us listed as a cause that people could support and contribute to. Joey has managed to do a remarkable job in communicating the Outreach that we do that many people are not aware of. Riverside Area Rape Center Minutes of the Board of Directors Meeting July 1, 2010 • Larry called for the following Action Item: an approval for the renewal of the CDBG grants for the City of Riverside, the County of Riverside, the City of Moreno Valley , the City of Temecula along with the annual renewals for the UWIV, CaIEMA, and CDPH grants for the new fiscal year. (MSC Curzon/Farney) • Larry reported on the success of Val's retirement luncheon and the incredible turnout and accolades that were shared. He reported that in collaboration with SafeHouse, Val's other non-profit affiliation, a memorial brick at the Riverside Art Museum was purchased with her title, name, and the year 2010 that will remain there in perpetuity. • Larry turned the floor over to Patty Knudson who reported on the Lip -Syncing contest that was held at Soboba Casino where we were represented by Mike Hiles, the Public Information Officer for Soboba, in the person of Stevie Nicks. Though we did not win, a $100 participation fee was earned by Mike and passed on to us. Thanks to Mike , Patty, and those that attended. Mike has indicated that intends to represent us again next year. Patty also reported that she Sandy Schnack, and Tina Hambleton will be getting together to discuss the prospects of some smaller fundraising events for the coming year. VIII. Next Meeting —Thursday, August 5, 2010 IX. Adjournment • Meeting was adjourned at 6:45 pm. EDA USEONLY PROPOSAL NUMBER REVIEWER DOCUMENT STAMP DATE RECEIVED: COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011-2012 APPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: Safe Alternatives for Everyone (S.A.F.E.) Location: 28910 Pujol Street City: Temecula Zip Code: 92590 Mailing Address: 28910 Pujol Street Zip Code: 92590 Telephone Number: 951-587-3900 Fax Number: 951-587-3902 Executive Director: Melissa Donaldson Telephone Number: 951-587-3900 E-mail: melissa@safefamiliesca.org Program Manager: June Earley Telephone Number: 951-587-3900 E-mail: june@safefamiliesca.org Address (Ifderent from above): Grant Writer: Telephone Number: E-mail: II. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization) Date Organization founded: 1998 Date Organization incorporated as a non-profit organization: 1998 Federal identification number: 91-1962947 State identification number: 485-5715-1 Number of paid staff: 8 Number of volunteers: 50 ATTACH: Current Board of Directors (Label as Attachment LA) Articles of Incorporation and By -Laws (Label as Attachment LB) 4 III. PROJECT ACTIVITY: CDBG Funds Requested: $ 15,000 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment H Project Activity) ® Countywide (check if project will serve multiple districts and/or cities). City (ies): Temecula, Murrieta, Wildomar, Lake Elsinore, Menifee, Sun City and Perris, Hemet Community (ies): Regions: Southwest Riverside County Other: What Supervisorial District does the activity occur within? 3`d District — Supervisor Jeff Stone District 5 Supervisor Marion Ashley NOTE: EDA will make the final determination of the appropriate service area of all proposals. Check ONLY the applicable category your application represents. ❑ Real Property Acquisition ® Public Service ❑ Rehabilitation/Preservation (please provide picture of structure) ❑ Public Facilities Improvements (construction) ❑ Other: (provide description) IV. PROJECT NARRATIVE: 0 Housing A. Name of Project: Domestic Violence Services Specific Location of Project (include street address; if a street address has not been assigned provide APN) Street: 28910 Pujol Street and 30045 Techology Drive, Suite101, City:Temecula., CA and Murrieta, Ca. Zip Code: 92590 and 92563 APN: Attach maps of proposed project(s) location and service area. 5 B. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary —Attachment III Project Description) Please see Attachment III Project Description C. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): The majority of services provided are through one-on-one contact of S.A.F.E. staff with a client, therefore a significant portion of our expenses are staff salaries. Time spent with clients includes emergency care, referrals, legal assistance with temporary restraining orders, etc. One very important line item in our domestic violence program budget is for direct client expenses which include expenses to provide services such as emergency shelter, food, clothing, medicine, utitilies, rent, childcare and therapy. Many times clients leave violent homes with very little, and S.A.F.E. is able to meet their basic needs thorugh this direct fmancial support. Outreach is a continuous issue to ensure families struggling with abuse and violence know about S.A.F.E. to access needed services. Our ability to print our materials for client's doctor's appointments and offices, county offices and more is limited so funding to assist in that area is needed. The last category this funding would support is our expenses of the facility including utilities and our phone/internet costs. D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activities or service (weeks, months, year): 52 weeks Unduplicated number of clients/persons projected to serve (e.g., 25 clients, 50 seniors): 150 Units of service (Example: 25 clients x 10 visits = 250 units of service): 450 Service will be provided to (check one or more): ® Men ® Women ® Children ® Men/Women Range of children's ages: 0-18 ® Men/Women/Children ® Families ❑ Seniors 0 Severely Disabled Adults ❑ Migrant Farm Workers 0 Homeless Number of beds of facility: 6 Anticipated number of "new" beds: 0 Length of stay (if residential facility): 30-90 days 6 E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meet these goals and objectives (measures should be both qualitative and quantitative)? The ultimate goal of S.A.F.E. is to create violence -free families. As we work towards that goal, we realize that there are families who are or who have struggled with violence and we must serve them through emergency services and on-going services such as P.A.L. and family case management. We expect to serve 150 victims of domestic violence and their families within the 2011/2012 CDBG funding year and provide them with emergency services, family case management, and the P.A.L. program for the youth of families. We track the number of clients served, and will consider our project successful when we serve 150 victims of domestic violence and their families. We will also consider our services a success when we see victims of domestic violence actively engage S.A.F.E. staff to create a plan for success which includes a violence free living situation that may include securing permanent housing, financial stability, employment, child care and transportation. Those are very long term goals and a small percentage of clients reach those goals during their time with SAFE. A nonviolent household is the over riding goal for all of the families during the time they work with us with 75% hopefully achieving this. Engaging in our other services is also a significant boost to their chances of success and we hope at least 50% of those families engage in other services with 100% getting immediate help. F. Discuss how this project directly benefits low- and moderate- income residents. 85% of the families that S.A.F.E. serves are low to moderate income families, as determined by HUD guidelines. All of the services that S.A.F.E. provides are offered at very low to no cost and no one is ever turned away due to inability to pay. G. Respond to A & B o� if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes 0 No (b) If service is not new, will the existing public service activity level be substantially increased or improved? The activity level (the number and intensity of clients served) will be maintained due to already reduced staffing for those clients seeking services. The demand for services is a constant but funding and availability to serve those clients have been reduced or eliminated altogether. This funding will allow us to maintain our service level with no further reductions. As the only service provider in Southwest Riverside County it is imperative to be able to ensure the safety net for Domestic Violence Victims here in Southwest County with this funding for SAFE. H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? Law enforcement offices are armed with specialized training on domestic violence and our DVRT cards so they can call our specialized detective and staff to respond together to domestic violence calls. These referrals only come from law enforcement so advertisement of this service is not necessary. We do share with the public through our website, speaking engagements and written publications that describe our services. S.A.F.E. maintains strong relationships with other local non-profit agencies, medical service providers and school districts that all refer clients to our agency when there is suspected violence. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? 7 S.A.F.E. has been providing services to southwest Riverside County for nearly ten years, and has always designed programs to meet the needs of families struggling with violence. S.A.F.E has implemented and managed several projects which have resulted in positive, permanent, and sustainable projects. S.A.F.E. has always responded to the community's needs by implementing well -thought out and planned programs in order to provide consistent programming. With such difficult economic times it has been a burden to maintain funding but the agencies commitment has never waivered. Domestic violence services are a core part of our mission and will always be the services we make available to the community. S.A.F.E routinely seeks support from various foundations, local, state and federal governments for all of our programs. Additionally, we maintain productive relationships with local law enforcement and our local city governments to ensure local support. S.A.F.E. also has a modest emergency fund that we can access, with board approval, to ensure consistent and regular services continue to be provided to our clientele. V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: CATEGORY is Benefit to low -moderate income persons (must be documented). Please choose either subcategory A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT BG CT BG CT BG CT BG CT BG CT BG *Total population in Census Tract(s) / block group(s) # Total low -moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will provide documentation of their family size, income, and ethnicity. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low -moderate income persons. C. Clientele presumed to be principally low- and moderate -income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) 8 Abused children Battered spouses 0 Elderly persons ❑ Severely disabled adults 0 Homeless persons ❑ Illiterate adults ❑ Persons living with AIDS ❑ Migrant Farm workers Describe your clientele to be served by the activity. 85% of the families that S.A.F.E. serves are low to moderate income families, which are documented on their intial application for service_ CATEGORY 2: Prevention or Elimination of Shims and Blight: The proposed project or activity must directly benefit an identified shim and blighted area. Is the project located in a Redevelopment Area? Yes 0 No IZ If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label as Attachments: IV Category 2, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label as Attachments: V Category 3, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2011. If your proposed CDBG- funded activity will start on a date other than July 1, 2011, please indicate starting date. If these budget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: The Valley Senior Center is requesting funding of a new Senior Nutritional Program. The total cost of the program is $15,000. A total of $10,000 in CDBG funds is being requested for operating expenses associated with the proposed activity. Other non-CDBG funding will be used to pay pick-up the remaining costs for the program). I. Personnel A. Salaries & Wages B. Fringe Benefits C. Consultants & Contract Services 9 TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED $123,110 $14,733 $10,000 SUB -TOTAL $137,883 $ I1. Non -Personnel A. Space Costs $ $ B. Rental, Lease or Purchase of Equipment $ $ C. Consumable Supplies $2,450 $2,000 D. Travel $1,670 $1,000 E. Telephone $250 $ F. Other Costs $12,448 $2,000 SUB -TOTAL: $16,818 $ RII. Architectural/Engineering Design $ $ IV. Acquisition of Real Property $ $ V. Construction/Rehabilitation VI. Indirect Costs $ $ $ $ TOTAL: $154,701 $15,000 B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI -A, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Funding Source Amount Requested Date Available Type of Commitment Blue Shield Foundation $30,000 Received and is a two year grant through 2012 Awarded Bank of America Foundation $10,000 Received Awarded Wells Fargo Foundation $8,500 Received Awarded City of Temecula $10,000 Received Awarded Community Foundation of Riv and San Bern. $10,000 Received Awarded Kaiser Permanete $15,000 Received Awarded Weingart Foundation $47,000 2010/2011 Pending C. Provide a summary by line item of your organization's previous year's income and expense statement (Attachment VI --B, Exhibits 1, 2, etc.). 10 D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes 0 No IZ If yes, identify sources and indicate outcome. We will be applying to the County of Riverside and have applied to the City of Murrieta. If no, please explain E. Was this project previously funded with CDBG funds? Yes ® No 0 If yes, when? 2009/2010 Is this activity a continuation of a previously funded (CDBG) project? Yes ® No 0 If yes, explain: S.A.F.E. was awarded CDBG funds in 2009/2010 which provided support for our Family Support Program providing assistance for families who are at risk or are experiencing violence and abuse. A portion of those funds went to support our Domestic Violence Advocate, however funds also supported P.A.L. and other S.A.F.E. services for which we are not seeking funds for in 2011/2012. For 2011/2012, S.A.F.E. is only requesting funds to provide domestic violence services to clients with southwest Riverside County. VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source Activity Year Allocation Amount Expended Office of Violence Domestic Violence 2006 - $200,000 per every Grant expired Against Women Response Team 2010 two years October 31, 2010 and SAFE and Domestic at that time grant subcontracted with Violence Advocate completely Riverside County Services expended Sheriff's Department City of Temecula Family Violence 2003 - SAFE is included Amount expended CSBG Services 2010 in the City's budget every year for every year on time $15,000 City of Murrieta Family Violence 2009- $10,000 $10,000 Prevention and 2010 Police Activities League Services 11 B. Management Systems Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? Yes, S.A.F.E. has written and adopted management systems including policies and procedures for personnel, procurement, property management, record keeping, financial management and client records and privacyy. C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII -A, Exhibits 1, 2, etc). D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE START DATE COMPLETION DATE Provide domestic violence services to .150 victims and their familia which includes temporary restraining orders, court accompaniment, emergency shelter, and basic needs 07-01-2011 06-30-2012 Provide all victims with a the option of developing long term goal attainment plan as well as the option to engage in other SAFE services to enhance success for a abuse and violence free future. 07-01-2001 06-30-2012 12 13 APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): fia- 1. The information contained in the project application is complete and accurate. 2. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. 3. The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of local, (NON-CDBG) financial support for community development activities. 4. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. 5. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. 6. On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). DATE: /O5i 6 Signature: f ./(va Print Name/Title Authorized Representative: Vulehs,�. DbylcdoLseh �jce�u-hu2 (rec-FaY- 14 Applicant's Check -list: The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE. Yes NO ATTACHMENT ® 0 1. Board of Directors ® ❑ 2. Articles of Incorporation and Bylaws ® 0 3. Project Activity Map ® 0 4. Project Description O ® 5. Project Benefit, Category 2. Slum Blight Documentation O ® 6. Project Benefit, Category 3, Urgency ® 0 7. Leveraging ® 0 8. Income and Expense Statement ® ❑ 9. Management Capacity ® 0 10. Board Written Authorization approving submission of application 15 S.A.F.E. CDBG Application November 5, 2010 Application Contents City of Temecula Application Riverside County CDBG Application Attachment I.A - Current Board of Directors Attachment I.B - Articles of Incorporation and By -Laws Attachment II - Project Activity (location map) Attachment III - Project Description Attachment VI -A, Exhibit 1 - Current Evidence of Commitment Attachment VI -B, Exhibit 1 - 2009/2010 Profit and Loss Statement Attachment VII -A, Exhibit 1 - Capacity Attachment VII -A, Exhibit 2 - Capacity - Organizational Chart Attachment VII - Board Written Authorization Attachment I.A S.A.F.E. Board Members and Community Advisory Board Members July, 2010 Board Members Carole Niles, Founder Barbara Tobin, President, Real Estate Ken Perez, Vice President, Pechanga Tribal Councilman Gary Youmans, Treasurer, Bank Senior Vice -President Rhonda Reinke, Secretary, Community Member Jim Domenoe, Past President, Chief Riverside Sheriff Lieutenant Bob Davenport, Director, Murrieta Police Department Diane Bainbridge, Director, Real Estate Police Chief Andre O'Harra, Director, Temecula Chief of Police Community Advisory Board Bill DeLuna, Lt., Temecula Police Department Bob Brown, Temecula Valley Fire Carol Strode, Hat Creek Cattle Company Dan Atwood, Toyota of Temecula Valley Dave LaPointe, La Pointe Private Client Group Debra Andriaachi, AppleOne Employment Services Dennis Vrooman, Lt., Murrieta Police Department Donna Willoughby -Brown, Payroll Plus Greg Prudhomme, Kuebler, Prudhomme and Co. Jan Duran, Commerce Title Joan Padberg, Community Member Joan Sparkman, First Citizens Bank Jody Nottingham, Nottingham & Doherty, LLP Kelly Alhadeff-Black, Buchanan Ingersoll & Rooney LLP Kelly Bennett, Mediation Law Group & Murrieta City Council Kevin Rupe, Retired Sheriffs Department Lori Stone, Political Solutions Lynelle Misemer, Silent Auction Chair, Denim & Diamonds Mark Katan, Office Depot Martha Minkler, MJMManagement Corp. Maryann Edwards, Temecula City Council Mike Ellsworth, Sgt, Temecula Police Department Nancy Stephenson, NLS Insurance Services, Inc. Opal Hellweg, Supervisor Jeff Stone's Legislative Assistant Pastor Dominic Rivkin, Trinity Lutheran Church Pat Comerchero, Friends of the Temecula Children's Museum Peggi Nash, Temecula Valley Women's Club Ralph Puga, Washington Mutual Ron Roberts, Temecula City Council Scott Collins, Lt., Temecula Police Department Sue Carter, Retired Probation Vickie Walker, RipTide Systems ARTICLES OP INCORPORATION Attachment I.B MNuuriaicu FILED to 61 ft* e! ttt Socntry a SW a t%t nett to MC 1 0 1996 'Tito name of this -corporation is s, � A. This corporation is a nonprofit PUBLIC BENEFIT CORPORATeON and is not organized for the private gain of any person. it is organized under the Nonprofit Public Benefit Corporation Law for PUSUC and CHARITABLE PURPOSES. B. The specific purpose 01 this corporation is to proteids support and safety to victims of domestic viollncs by providing shatter, cote services. job couftefing end foisted ssrviess. The name and gess in the State of California of this corporation's initial 4watt f service of process is: Carol Niles 30500 Rancho California Road Suite 107-117 Tornecul& Cafffornia 92591 A. This Corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(4(3), internal Rsvenue Coda. 8. No substantial part of the activities of this corporation shall consist Of carrying On propaganda. otherwise-stismpting to influence Iegielet on. and the Corporation shall not perticipsts or intervene in any political cemptlign (inctudkig the publishing or distribution of statements) On behalf of any candidate for pub office, 1 1!647! 4T: r$ 11%14.51- 11, M PM'; 'd+f Rte n#i wows. if i S$411 id 5 toldolt *Mg *vie I 1� nM of lily pot,0 1e+#on• '+NVlih{1 ►gyp iYI it11 csiibmikort, Ns mi*t* varinikining paw gowned,. 44 106m10f1 iadf psi"'l, or IM iltts itd Wow. of 1h4 cromereoligin limb boo 4107111.444 ay • ',Orton,* 'N.4. Faufddition fit' IWICOMEin +MMt1i * ill igtfirol MRS' iv 61% tIt w$ MOONS SW *Wit arta tialhnt t,* tip. cuberial. Iii 4014Mi Socilret'501 kf !3O. 1 BYLAWS OF SAFE ALTERNATVES FOR EVERYONE, INC. A CALIFORNIA PUBLIC BENEFIT CORPORATION AS AMENDED AND RESTATED ARTICLE 1 OFFICES SECTION 1. PRINCIPAL OFFICE The principal office of the corporation for the transaction of its business is located in Riverside County, California. SECTION 2. CHANGE OF ADDRESS The county of the corporation's principal office can be changed only by amendment of these Bylaws and not otherwise. The Board of Directors may, however, change the principal office from one location to another within the named county by noting the changed address and effective date below, and such changes of address shall not be deemed an amendment of these Bylaws: 28910 Pujol Street Temecula, CA 92590 Dated: 4-14-2010 SECTION 3. OTHER OFFICES The corporation may also have offices at such other places, within or without the State of California, where it is qualified to do business, as its business may require and as the Board of Directors may, from time to time, designate. ARTICLE 2 PURPOSES The primary objectives and purposes of this corporation shall be to offer support and safety to families at risk of abuse or violence and to victims of family violence and abuse by securing shelter, counseling services, job counseling, teen services, violence prevention and intervention services, in-home visitation, direct assistance, family case management and other related services. ARTICLE 3 DIRECTORS SECTION 1. NUMBER The corporation shall have up to 15 (fifteen) Directors and collectively they shall be known as the Board of Directors, hereinafter referred to as the "Board". The number may be changed by amendment of this Bylaw, or by repeal of this Bylaw and adoption of a new Bylaw, as provided in these Bylaws. SAFE BYLAWS Revised 4/14/10 Page 1 of 13 SECTION 2. POWERS Subject to the provisions of the California Nonprofit Public Benefit Corporation law and any limitations in the Articles of Incorporation and Bylaws relating to action required or permitted to be taken or approved by the members, if any, of this corporation, the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board. SECTION 3. DUTIES It shall be the duty of the Directors to: (a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of this corporation, or by these Bylaws; (b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation of the Executive Director; (c) Meet at such times and places as required by these Bylaws; (d) Register their addresses with the Secretary of the corporation. Notices of meetings mailed or emailed to them at such addresses shall be valid notice thereof. SECTION 4. COMPENSATION Directors shall serve without compensation. They shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their regular duties as specified in Section 3 of this Article. Directors may not be compensated for rendering services to the corporation in any capacity other than Director unless such other compensation is reasonable and is allowable under the provisions of Section 5 of this Article. SECTION 5. RESTRICTION REGARDING INTERESTED DIRECTORS Notwithstanding any other provision of these Bylaws, not more than forty-nine percent (49%) of the persons serving on the board may be interested persons. For purposes of this Section, "interested persons" means either: (a) Any person currently being compensated by the corporation for services rendered it within the previous twelve (12) months, whether as a full-time or part-time officer or other employee, independent contractor, or otherwise, excluding any reasonable compensation paid to a Director in their position as a Director. SECTION 6. PLACE OF MEETINGS Meetings shall be held at the principal office of the corporation unless otherwise provided by the board or at such place within or without the State of California, which has been designated from time to time by resolution of the Board. Any meeting, regular or special, may be held by conference telephone or similar communications equipment, providing all Directors participating in such meeting can hear one another. SAFE BYLAWS Revised 4/14/10 Page 2 of 13 SECTION 7. REGULAR AND ANNUAL MEETINGS Regular meetings of Directors shall be held at a minimum of six times per year. An annual meeting of Directors will be held in October on a day approved by the Board. SECTION 8. SPECIAL MEETINGS Special meetings of the Board may be called by the President, the Vice President, the Secretary, or by any two Directors, and such meetings shall be held at the place, within or without the State of California, designated by the person of persons calling the meeting, and in the absence of such designation, at the principal office of the corporation. SECTION 9. NOTICE OF MEETINGS Regular meetings of the board may be held without notice. Special meetings of the board shall be held upon four (4) days' notice by first-class mail or forty-eight (48) hours' notice delivered personally or by telephone or email. If sent by mail or email, the notice shall be deemed to be delivered on its deposit in the mails or on its delivery to the email provider. Such notices shall be addressed to each Director at his or her address as shown on the books of the corporation. Notice of the time and place of holding an adjourned meeting need not be given to absent Directors if the time and place of the adjourned meeting are fixed at the meeting adjourned and if such adjourned meeting is held no more than twenty-four (24) hours from the time of the original meeting. Notice shall be given of any adjourned regular or special meeting to Directors absent from the original meeting if the adjourned meeting is held more than twenty-four (24) hours from the time of the original meeting. SECTION 10. CONTENTS OF NOTICE Notice of meetings not herein dispensed with shall specify the place, day and hour of the meeting. The purpose of any board meeting need not be specified in the notice. SECTION 11. WAIVER OF NOTICE AND CONSENT TO HOLDING MEETINGS The transactions of any meeting of the board, however called and noticed or wherever held, are as valid as though the meeting had been duly held after proper call and notice, provided a quorum, as hereinafter defined, is present and provided that either before or after the meeting each Director not present signs a waiver of notice, a consent to holding the meeting, or an approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. SECTION 12. QUORUM FOR MEETINGS A quorum shall consist of a simple majority of the total number of Directors serving. Except as otherwise provided in these Bylaws or in the Articles of Incorporation of this corporation, or by law, no business shall be considered by the board at any meeting at which a quorum, as here defined, is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. However, a majority of the Directors present at such meeting may adjourn from time to time until the time fixed for the next regular meeting of the board. SAFE BYLAWS Revised 4/14/10 Page 3 of 13 When a meeting is adjourned for lack of a quorum, it shall not be necessary to give any notice of the time and place of the adjourned meeting or of the business to be transacted at such meeting, other than by announcement at the meeting at which the adjournment is taken, except as provided in Section 10 of this Article. The Directors present at a duly called and held meeting at which a quorum is initially present may continue to do business notwithstanding the loss of a quorum at the meeting due to a withdrawal of Directors from the meeting, provided that any action thereafter taken must be approved by at least a majority of the required quorum for such meeting or such greater percentage as may be required by law; or the Articles of Incorporation or Bylaws of this corporation. SECTION 13. MAJORITY ACTION AS BOARD ACTION Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board, unless the Articles of Incorporation or Bylaws of this corporation, or provisions of the California Nonprofit Public Benefit Corporation Law, particularly those provisions relating to appointment of committees (Section 5212), approval of contracts or transactions in which a Director has a material financial interest (Section 5233) and indemnification of Directors (Section 5238e), require a greater percentage or different voting rules for approval of a matter by the board. SECTION 14. CONDUCT OF MEETINGS Meetings of the Board shall be presided over by the President, or, if no such person has been so designated or, in his or her absence, by the Vice President or immediate past president of the corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the Directors present at the meeting. The Secretary of the corporation shall act as secretary of all meetings of the board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. Meetings shall be governed by Roberts' Rules of Order; as such, rules may be revised from time to time, insofar as such rules are not inconsistent with or in conflict with these Bylaws. with the Articles of Incorporation of this corporation, or with provisions of law. SECTION 15. ACTION BY WRITTEN CONSENT WITHOUT MEETING Any action required or permitted to be taken by the Board under any provision of law may be taken without a meeting, if all members of the board shall individually or collectively consent in writing or email to such action. For the purposes of this Section only; "all members of the board" shall not include any "interested Director as defined in Section 5233 of the California Nonprofit Public Benefit Corporation Law. Such written consent or consents shall be filed with the minutes of the proceedings of the board. Such action by written consent shall have the same force and effect as the majority vote of the Directors. Any certificate or other document filed under any provision of law which relates to action so taken shall state that the action was taken by unanimous written consent of the Board without a meeting and that the Bylaws of this corporation authorize the Directors to so act, and such statement shall be prima facie evidence of such authority. SAFE BYLAWS Revised 4/14/10 Page 4 of 13 SECTION 16. VACANCIES Vacancies on the Board shall exist (1) when term of office expires or on the death, resignation or removal of any Director, and (2) whenever the number of authorized Directors is increased. The Board may declare vacant the office of a Director who has been declared of unsound mind by a final order of court, or convicted of a felony, or been found by a final order or judgment of any court to have breached any duty under Section 5230 of the California Nonprofit Public Benefit Corporation Law, or has two consecutive unexcused absences from Board meetings. Directors may be removed without cause by a majority of the Directors then in office. Any Director may resign effective upon giving written notice to the President, the Secretary, or the Board, unless the notice specifies a later time for the effectiveness of such resignation. No Director may resign if the corporation would then be left without a duly elected Director or Directors in charge of its affairs, except upon notice to the Attorney General. Vacancies on the board may be filled by approval of the board or, if the number of Directors then in office is less than a quorum, by (1) the unanimous written consent of the Directors then in office, (2) the affirmative vote of a majority of the Directors then in office at a meeting held pursuant to notice or waivers of notice complying with this Article of these Bylaws, or (3) a sole remaining Director. A person elected to fill a vacancy as provided by this Section shall hold office until his or her term of office expires, death, resignation or removal from office. SECTION 17. NON -LIABILITY OF DIRECTORS The Directors shall not be personally liable for the debts, liabilities, or other obligations of the corporation. SECTION 18. INDEMNIFICATION BY CORPORATION OF DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS To the extent that a person who is, or was, a Director, officer, employee or other agent of this corporation has been successful on the merits in defense of any civil; criminal, administrative or investigative proceeding brought to procure a judgment against such person by reason of the fact that he or she is, or was, an agent of the corporation, or has been successful in defense of any claim, issue or matter, therein, such person shall be indemnified against expenses actually and reasonably incurred by the person in connection with such proceeding. If such person either settles any such claim or sustains a judgment against him or her, then indemnification against expenses, judgments, fines, settlements and other amounts reasonably incurred in connection with such proceedings shall be provided by this corporation but only to the extent allowed by, and in accordance with the requirements of, Section 5238 of the California Nonprofit Public Benefit Corporation Law. SECTION 19. INSURANCE FOR CORPORATE AGENTS The Board may adopt a resolution authorizing the purchase and maintenance of insurance on SAFE BYLAWS Revised 4/14/10 Page 5 of 13 behalf of any agent of the corporation (including a Director, officer, employee or other agent of the corporation) against any liability other than for violating provisions of law relating to self- dealing (Section 5233 of the California Nonprofit Public Benefit Corporation Law) asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under the provisions of Section 5238 of the California Nonprofit Public Benefit Corporation Law. ARTICLE 4 OFFICERS SECTION 1. NUMBER OF OFFICERS The officers of the corporation shall be a President, a Secretary, and a Chief Financial Officer who shall be designated the Treasurer. The corporation may also have, as determined by the Board, one or more Vice Presidents, Assistant Secretaries, Assistant Treasurers, or other officers. Any number of offices may be held by the same person except that neither the Secretary nor the Treasurer may serve as the President. SECTION 2. FOUNDER The Founder shall be a permanent, non -elected position of the corporation. SECTION 3. TERMS OF OFFICE Each officer shall hold office for a term of two (2) years or until his or her removal, death or resignation or are removed per Section 17. An officer may serve an additional two- (2) year term, but cannot serve for more than four (4) consecutive years as an officer in any one position. The Board may provide for staggered terms for officers selected to serve on the Board, the mechanics for which shall be determined by the Board. SECTION 4. QUALIFICATION, ELECTION AND TERM OF OFFICE Any director may serve as officer of this corporation. Officers shall be elected by the Board, at any time, and each officer shall hold office until his or her term of office expires resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. SECTION 5. SUBORDINATE OFFICERS The Board may appoint such other officers or agents as it may deem desirable, and such officers shall serve such terms, have such authority, and perform such duties as may be prescribed from time to time by the Board. SECTION 6. REMOVAL AND RESIGNATION Any officer may be removed, either with or without cause, by the Board, at any time. Any officer may resign at any time by giving written notice to the Board or to the President or Secretary of the corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. SAFE BYLAWS Revised 4/14/10 Page 6 of 13 SECTION 7. VACANCIES Any vacancy caused by the expiration of term of office, death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Board. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies of officers appointed at the discretion of the Board may or may not be filled as the Board shall determine. SECTION 8. DUTIES OF PRESIDENT The President shall be the chief executive officer of the corporation and shall, subject to the control of the Board, supervise and control the affairs of the corporation and the activities of the officers. He or she shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be prescribed from time to time by the Board. Unless another person is specifically appointed as Chairperson of the Board, he or she shall preside at all meetings of the Board. Except as otherwise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds, contracts, checks, or other instruments, which may from time to time be authorized by the Board. SECTION 9. DUTIES OF VICE PRESIDENT In the absence of the President, or in the event of his or her inability or refusal to act, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice President shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these Bylaws, or as may be prescribed by the Board. SECTION 10. DUTIES OF SECRETARY The Secretary shall: Certify and keep at the principal office of the corporation the original, or a copy of these Bylaws as amended or otherwise altered to date. Keep at the principal office of the corporation or at such other place as the Board may determine, a book of minutes of all meetings of the Directors, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. SAFE BYLAWS Revised 4/14/10 Page 7 of 13 Be custodian of the records and of the seal, if any, of the corporation and see that the seal is affixed to all duly executed documents, the execution of which on behalf of the corporation under its seal is authorized by law or these Bylaws. Exhibit at all reasonable times to any Director of the corporation, or to his or her agent or attorney, on request therefore, the Bylaws and the minutes of the proceedings of the Directors of the corporation. In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors. SECTION 11. DUTIES OF THE TREASURER Subject to the provisions of these Bylaws relating to the "Execution of Instruments, Deposits and Funds," the Treasurer shall: Be responsible for, all funds and securities and provide oversight of the corporation in such banks, trust companies, or other depositories as shall be selected by the Board. Disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Board, taking proper vouchers for such disbursements. Keep and maintain adequate and correct accounts of the corporation's properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses. Exhibit at all reasonable times the books of account and financial records to any Director of the corporation, or to his or her agent or attorney, on request therefore. Render to the President and Directors, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the corporation. Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. In general, perform all duties incident to the office of Treasurer and such other duties as may be required by law, by the Articles of Incorporation of the corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board. SECTION 12. COMPENSATION The salaries of the officers, if any, shall be fixed from time to time by resolution of the Board and no officer shall be prevented from receiving such salary by reason of the fact that he or she is also a Director of the corporation, provided, however, that such compensation paid a Director for serving as an officer of this corporation shall only be allowed if permitted under the provisions of Article 3, Section 5 of these Bylaws. In all cases, any salaries received by officers of this corporation shall be reasonable and given in return for services actually rendered for the corporation which relate to the performance of the charitable or public purposes of this corporation. SAFE BYLAWS Revised 4/14/10 Page 8 of 13 ARTICLE 5 COMMITTEES SECTION 1. EXECUTIVE COMMITTEE The Board may, by a majority vote of Directors, designate two (2) or more of its members (who may also be serving as officers of this corporation) to constitute an Executive Committee and delegate to such Committee any of the powers and authority of the board in the management of the business and affairs of the corporation, except with respect to: (a) The filling of vacancies on the Board or on any Committee, which has the authority of the board. (b) The amendment or repeal of Bylaws or the adoption of new Bylaws. (c) The amendment or repeal or any resolution of the board, which by its express terms is not so amendable or repealable. (d) The appointment of committees of the board or the members thereof. (e) The expenditure of corporate funds to support a nominee for Director after there is more people nominated for Director than can be elected. (f) The approval of any transaction to which this corporation is a party and in which one or more of the Directors has a material financial interest, except as expressly provided in Section 5233(d)(3) of the California Nonprofit Public Benefit Corporation Law. By a majority vote of its members then in office, the Board may at any time revoke or modify any or all of the authority so delegated, increase or decrease but not below two (2) the number of its members, and fill vacancies therein from the members of the board. The Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records, and report the same to the board from time to time as the Board may require. SECTION 2. OTHER COMMITTEES The corporation shall have such other committees as may from time to time be designated by resolution of the Board. Such other committees may consist of persons who are not also members of the board. These additional committees shall act in an advisory capacity only to the Board and shall be clearly titled as "advisory" committees. SECTION 3. MEETINGS AND ACTION OF COMMITTEES Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its members for the Board and its members, except that the time for regular meetings of committees may be fixed by resolution of the Board or by the committee. The time for special meetings of committees may also be fixed by the Board. The Board may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are not inconsistent with the provisions of these Bylaws. SAFE BYLAWS Revised 4/14/10 Page 9 of 13 ARTICLE 6 EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS SECTION 1. EXECUTION OF INSTRUMENTS The Board, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. SECTION 2. CHECKS AND NOTES Except as otherwise specifically determined by resolution of the Board, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the corporation shall be signed by the Executive Director alone for amounts up to five thousand dollars ($5,000.00) and by the Executive Director and countersigned by the President or the Treasurer of the corporation for amounts greater than two thousand dollars ($2,000.00). SECTION 3. DEPOSITS All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board may select. SECTION 4. GIFTS The Board may accept on behalf of the corporation any contribution, gift, bequest, or device for the charitable or public purposes of this corporation. ARTICLE 7 CORPORATE RECORDS, REPORTS AND SEAL SECTION 1. MAINTENANCE OF CORPORATE RECORDS The corporation shall keep at its principal office in the State of California: (a) Minutes of all meetings of Directors and committees of the Board indicating the time and place of holding such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereof; (b) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses; (c) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members, if any, of the corporation at all reasonable times during office hours. SAFE BYLAWS Revised 4/14/10 Page 10 of 13 SECTION 2. CORPORATE SEAL The Board may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. SECTION 3. DIRECTOR'S INSPECTION RIGHTS Every Director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation. SECTION 4. RIGHT TO COPY AND MAKE EXTRACTS Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection includes the right to copy and make extracts. SECTION 5. ANNUAL REPORT The Board shall cause an annual report to be furnished not later than one hundred and twenty (120) days after the close of the corporation's fiscal year to all Directors of the corporation, which report shall contain the following information in appropriate detail: (a) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year; (b) The principal changes in assets and liabilities, including trust funds, during the fiscal year; (c) The revenue or receipts of the corporation both unrestricted and restricted to particular purposes, for the fiscal year; (d) The expenses or disbursements of the corporation, for both general and restricted purposes, during the fiscal year; (e) Any information required by Section 6 of this Article. The annual report shall be accompanied by any report thereon of independent audit, or, if there is no such report, the certificate of an authorized officer of the corporation that such statements were prepared without audit from the books and records of the corporation. SECTION 6. ANNUAL STATEMENT OF SPECIFIC TRANSACTIONS This corporation shall mail or deliver to all Directors a statement within one hundred and twenty (120) days after the close of its fiscal year, which briefly describes the amount and circumstances of any indemnification or transaction of the following kind: (a) Any transaction in which the corporation, or its parent or its subsidiary, was a party, and in which either of the following had a direct or indirect material financial interest: (b) Any Director or officer of the corporation, or its parent or subsidiary (a mere common directorship shall not be considered a material financial interest); or SAFE BYLAWS Revised 4/14/10 Page 11 of 13 The above statement need only be provided with respect to a transaction during the previous fiscal year involving more than FIFTY THOUSAND DOLLARS ($50,000) or which was one of a number of transactions with the same persons involving, in the aggregate, more than FIFTY THOUSAND DOLLARS ($50,000). Similarly, the statement need only be provided with respect to indemnifications or advances aggregating more than TEN THOUSAND DOLLARS ($10,000) paid during the previous fiscal year to any Director or officer. Any statement required by this Section shall briefly describe the names of the interested persons involved in such transactions, stating each person's relationship to the corporation, the nature of such person's interest in the transaction and, where practical, the amount of such interest, provided that in the case of a transaction with a partnership of which such person is a partner, only the interest of the partnership need be stated. ARTICLE 8 FISCAL YEAR SECTION 1. FISCAL YEAR OF THE CORPORATION The fiscal year of the corporation shall begin on the first day of October and end on the last day of September in each year. ARTICLE 9 AMENDMENT OF BYLAWS SECTION 1. AMENDMENT Subject to any provision of law applicable to the amendment of Bylaws of public benefit nonprofit corporations, these Bylaws, or any of them, may be altered, amended, or repealed and new Bylaws adopted by approval of 80% of the Board. Bylaw changes may be approved by mail/email vote as long as 80% of the Directors approve. ARTICLE 10 AMENDMENT OF ARTICLES SECTION 1. AMENDMENT OF ARTICLES Any amendment of the Articles of Incorporation may be adopted by approval of 80% of the Board. Articles changes may be approved by mail/email vote as long as 80% of the Directors approve. SECTION 2. CERTAIN AMENDMENTS Notwithstanding the above sections of this Article, this corporation shall not amend its Articles of Incorporation to alter any statement which appears in the original Articles of Incorporation of the names and addresses of the first Directors of this corporation, nor the name and address of its initial agent, except to correct an error in such statement or to delete such statement after the corporation has filed a "Statement by a Domestic Nonprofit Corporation" pursuant to Section 6210 of the California Nonprofit Corporation Law. SAFE BYLAWS Revised 4/14/10 Page 12 of 13 ARTICLE 11 PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS SECTION 1. PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS No Director, officer, employee, or other person connected with this corporation, or any private individual, shall receive at any time any of the net earnings or pecuniary profit from the operations of the corporation, provided, however, that this provision shall not prevent payment to any such person of reasonable compensation for services performed for the corporation in effecting any of its public or charitable purposes, provided that such compensation is otherwise permitted by these Bylaws and is fixed by resolution of the Board; and no such person or persons shall be entitled to share in the distribution of, and shall not receive, any of the corporate assets on dissolution of the corporation. If such- dissolution or winding up of the affairs of the corporation occurs, whether voluntarily or involuntarily, the assets of the corporation, after all debts have been satisfied, shall be distributed as required by the Articles of Incorporation of this corporation and not otherwise. CERTIFICATE This is to certify that the foregoing is a true and correct copy of the Bylaws of the Safe Alternatives For Everyone Corporation and that such laws were duly adopted by the Board of said corporation on the date set forth below. Dated: April 14, 2010 Signed: Barbara Tobin Secretary SAFE BYLAWS Revised 4/14/10 Page 13 of 13 Attachment II Project Activity Location Map S.A.F.E. & Trinity S.A.F.E. House are both located in and serve Southwest Riverside County. OREGON CALIFORNIA'S 58 COUNTIES San Francisco San Mateo Santa Cruz PACIFIC OCEAN MEXICO Attachment III Project Description S.A.F.E. is committed to serving both children and families who have experienced or at risk for abuse, through our extensive range of services, including emergency domestic violence services, basic needs services, emergency housing through the Trinity S.A.F.E. house, and our youth violence prevention program —P.A.L (Political Activities League). Initially victim's needs include basic emergency protection, court accompaniment, restraining orders, food, clothing, gas, medical supplies and shelter. As the only domestic violence service agency in southwest Riverside County, The Trinity S.A.F.E. house is the arm of S.A.F.E. that extends emergency housing to victims in crisis situations, quickly providing them protection and security in crisis situations. Our partner, Trinity Lutheran Church, assists with the Trinity S.A.F.E. house operated by S.A.F.E., providing utilities and stocking the cupboards with food. If that shelter is not feasible or in the best interest of other families at the Trinity S.A.F.E. house, the victims are provided with vouchers to hotels were they can find refuge. During a crisis situation, families are typically provided a one-night voucher to a local hotel while staff continues to work with the victim and her family to assess the situation and determine if a stay at the Trinity S.A.F.E. house would be beneficial and appropriate for the family. Many times victims of domestic violence, and their families, leave a hostile and dangerous environment with very little, and oftentimes without access to the family's financial resources. In addition to this harsh circumstance, 90 % of the families that S.A.F.E. serves are low to moderate income families. Upon receiving emergency shelter, S.A.F.E. continues to serve victims of domestic violence and their children through the Southwest Family Justice Center (FJC). As a founding member, S.A.F.E., along with other agencies, provides a variety of services that are often needed by victims of domestic violence, and are all accessible under one roof. The S.A.F.E. Domestic Violence and Sexual Assault Response Team (DVRT/SART), which operates out of the FJC effectively addresses emergency needs as they respond out to calls with law enforcement 24 hours a day, seven days a week. This response increases access to the services available at the FJC and ensures immediate safety for the victims and their families. Each partner at the FJC funds their own staff person, who has a physical office at the FJC and provides services directly to the victims and their families. The services provided by S.A.F.E. staff at the FJC couple a victim of domestic violence with much needed emergency plans and protective services, allowing the victim to retreat to a place of safety while long-term plans are set in motion. The Trinity S.A.F.E. house provides immediate emergency shelter that victims of domestic violence can rely on when in crisis situations, or when a victim has decided to leave a dangerous environment and needs protection. As we meet their basic emergency needs of victims, we seek to provide them with the security and resources they need so that as we come alongside them, we can help victims create a long-term plan for success. A long-term plan is essential to success. Those plans include housing, finances, emotional support, and resources for the entire family such as food, daycare and transportation. It is our mission to serve these victims and their families so that they can find stability, hope, and the promise of healing. n_9 Debra Flennaugh j -t- rra-v 1 riI rdl [ I/ 1-/1 EX//bd- / From: Melissa Donaldson Sent: Friday, September 03, 2010 4:19 PM To: Debra Flennaugh Subject: FW: BSCF Core Support Grant Award Notification Importance: High Use this for our financial records and start a file for Blue Shield of California Foundation is I haven't already asked you to. Copy of this for that as well. They electronically already put the money in so we can attach this to the bank statement and for the auditors!! From: June Earley Sent: Friday, August 27, 2010 9:04 AM To: Melissa Donaldson Subject: FW: BSCF Core Support Grant Award Notification Importance: High From: Tripp, Gwyneth [mailto:Gwyneth.Tripp@blueshieldcafoundation.org] Sent: Thursday, August 26, 2010 5:25 PM To: June Earley Subject: BSCF Core Support Grant Award Notification Dear Ms. Donaldson, It is my pleasure to inform you that the Blue Shield of California Foundation Board of Trustees has approved a $30,000 grant to Safe Altematives for Everyone for general operating support through our 2010-2012 Blue Shield Against Violence Core Support Initiative. We have made an electronic payment to your organization; this represents payment in full for this two-year grant starting 9/1/10 and ending 9/1/12. Please keep a record of this email — this is a paperless grant award, and there will be no hardcopy grant agreement. For your reference, your grant number is 4312971. By accepting the ACH payment, you warrant that there has been either no change in your I.R.S. federal tax status or classification as an organization described in Internal Revenue Service Code sections 501(c)(3) and 509(a)(1), (2), or (3), or no change in your classification as a state, or any political subdivision thereof, within the meaning of Code Section 170(c)(1), or a state college or university within the meaning of Code Section 511(a)(2)(B). If you have not received payment in the bank account that your organization provided to the Foundation within 5 business days of receiving this notification, please contact Erin Harrington, grants and finance assistant, at erin.harringtonCa�blueshieldcafoundation.orq. We extend our best wishes to you for continued success and look forward to hearing about your accomplishments. Please make special note that you will be required to submit one final report by Sunday, May 1st, 2012. The grantseeker registered for this grant will receive a reminder email one month prior to this date. Also, you or someone from your organization may be contacted to participate in an interim interview or optional survey in 2011. If, at any time during the life of this grant you have questions or if changes in circumstances arise, feel free to contact your Program Officer, Christine Tran, at christine.tranAblueshieldcafoundation.orq. 1 Once folk 'congratulations. OM your award. Blue Shield of Callfornla FOundation,it honored to support your work. Sincerely, 7 Peter Low. President and :OW Blue Shield :of Clif irr t FoundatiOn 2 The Bank of America Charitable Foundation, Inc. f-f/l.chivern v 1 -" Ex 'idol May27,2010 Melissa Donaldson Safe Alternatives For Everyone Inc 28910 Pujol Street Temecula, CA 92590 Dear Ms. Donaldson: The Bank of America Charitable Foundation, Inc. is pleased to provide a grant to Safe Alternatives For Everyone Inc in the amount of $10,000.00 for the purposes outlined in your grant request dated 03/04/10. Enclosed please find a check for $10,000.00. The Bank of America Charitable Foundation is dedicated to providing opportunity for all in its commitment to our communities. Providing support to organizations like Safe Altematives For Everyone Inc, which provide opportunity and improve the quality of life in our communities, is key to our strategy to build capacities that truly make a difference. This grant is subject to the terms and conditions accepted through your application. In addition, the Foundation may request further information regarding your organization and this grant as agreed to in your grant application. Thank you for your valuable work. Sincerely, The Bank of America Charitable Foundation, Inc. WELLS FARGO May 4, 2010 Ms. Melissa Donaldson Executive Director Safe Alternatives for Everyone, Inc. 28910 Pujol Street Temecula, CA 92590 Dear Ms. Donaldson: rrifetCh Men t Vf-ff Robin L. Hought Assistant Vice President Community Affairs Manager &)(h1190" 3 Welts Fargo Foundation MAC E2958-011 71800 Highway 111 1st Floor, Suite A-107 Rancho Mirage, CA 92270-4493 robin.hought@weilsfargo.com Wells Fargo Bank, N.A. I am pleased to enclose our check for $8,500.00 designated for the PALS Program. We are proud to partner with Safe Alternatives for Everyone, Inc. as you work toward achieving our shared goals in the community. Please note that any and all recognition or publicity regarding this contribution should be in the name of Wells Fargo Foundation. We ask that you acknowledge the Wells Fargo Foundation in any underwriting or funding announcements. Even so, any use of the Wells Fargo name or its trademarks must be in accordance with Wells Fargo's guidelines and approved by the appropriate Wells Fargo local or regional marketing officer. Your acceptance of this grant acknowledges that no goods, services or benefits have been or will be provided to Wells Fargo and Company, or any of its affiliates in exchange therefor. We are delighted to assist your organization. Our best wishes for your continued success. Sincere] Enclosure 201005481 mer) f V I -A- SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND SAFE ALTERNATIVES FOR EVERYONE This Agreement is made and effective as of this 1St day of July 2009, by and between the CITY OF TEMECULA ("City"), and SAFE ALTERNATIVES FOR EVERYONE ("SAFE"), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A. SAFE was established in 1998 with the goal of helping all children and families in the Temecula Valley live in violence -free homes, schools and communities. B. SAFE provides the following services: family case management, referral and resource support, public education workshops, family assessment and teen violence prevention. C. The City desires to sponsor SAFE by donating Community Services Funding. D. The funds are to be used to offer desperately needed services for the citizens of the Temecula Valley dealing with violence, abuse, and the threat of violence and abuse inflicting great harm on children and the community. 2. TERM. This Agreement shall commence on July 1, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010 unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION. In exchange for the City's Community Support Funding in the amount of Ten Thousand dollars ($10,000.00), the City of Temecula shall receive the benefits and services listed in Exhibit "A." 4. ALLOCATION OF FUNDS. SAFE shall allocate and use the City's Community Support Funding of $10,000 to provide the Temecula Valley with quality and needed services for children, youth and families who have experienced or are at risk of abuse and violence. 5. CASE MANAGEMENT. SAFE shall coordinate and case manage services for children, youth, and families. 6. WRITTEN REPORT. Within twelve (12) months of the date of this Agreement, SAFE shall prepare and submit to the Assistant City Manager a written report evaluating SAFE program and its accomplishments. R:\SYERS1Agreements\SPONSORSHIPS\SAFE 2009-10 Agreement Jure 30 2010.doc The Community Foundation Serving Riverside and San Bernardino Counties BOARD OF DIRECTORS Gloria Macias Harrison Chair of the Board Grover Trask Vice Chair of the Board Kirk Stitt, CPA Chief Financial Officer James Cuevas Secretary of the Board John Brudin Henry Coil Past Board Chair David L. Cornwall Andrea Dutton Robert Fey Stanley Grube Kirk Harns Vernon Kozlen Hon. Patrick J. Morris D. Matthew Pim Patrick O'Reilly Benita B. Roberts Barbara Robinson Ali Sahabi Philip Savage IV Larry Sharp Immediate Past Board Chair Sean Varner Daniel Foster President Chief Executive Officer fliNATIONAL STANDARDS' Confined in Compliance with National Standards for U.S. Community Foundations April 19, 2010 Ms. Melissa Donaldson Executive Director SAFE Alternatives for Everyone 28910 Pujol Street Temecula, CA 92590 Dear Ms. Donaldson: fcTm€n x 194- g Congratulations! The Board of Directors of The Community Foundation has approved a grant to SAFE Alternatives for Everyone in the amount of $10,000 from The Community Impact Fund. The performance period for this grant is May 1, 2010 to April 30, 2011. This grant is to support the following as specified in your proposal: • Family Support Program This grant is subject to the terms outlined in the enclosed Grant Agreement. After you have reviewed the terms and conditions of the Grant Agreement, please sign and date the enclosed copy and return it to The Community Foundation within the next two weeks. Funds will not be released prior to the receipt of the signed Grant Agreement. A condition of this grant is that you agree to submit the Grant Evaluation Form which includes a narrative and fiscal report. The Grant Evaluation is due on May 15, 2011. We greatly appreciate your assistance in publicizing the grant so that others can know about the funding opportunities available at The Community Foundation and we can inform interested stakeholders about the progress and achievements of our grantees. Please send us copies of articles printed in local papers, stories in your agency newsletter and/or annual report. We wish you success and look forward to working with you during the grant performance period. Sincerely, Celia Cudiamat Vice President, Grant Programs CC/pb 2010101 4280 Latham Street, Suite C, Riverside, CA 92501 951.684.4194 • fax: 951.684.1911 • www.thecommunityfoundation.net 04. KAISER PERMANENTE® April 19, 2010 Melissa Donaldson Executive Director Safe Alternatives for Everyone, Inc. 28910 PujoI Street Temecula, CA 92590 ftitecch,vPr1 V/ -,f-- Kaiser Foundation Hospitals C->d/,bH Dear Ms. Donaldson, We are pleased to inform you that a contribution in the amount of $15,000.00 has been approved by Kaiser Foundation Hospital, Riverside for the Family Support Program. For your reference, the tracking number for this grant is 20614761. Kaiser Foundation Hospital's social mission is to improve the health of the communities we serve, and we recognize the positive impact of your organization in helping to achieve this goal. We anticipate that this contribution will allow your programs and services to help many in need, and we look forward to hearing back from you on the success of your project. Kaiser Foundation Hospital requires that recipient organizations sign and return a copy of the enclosed Letter of Agreement prior to sending your award check. Please review the terms outlined on the enclosed sheet and return with your signature. Non-compliance with the listed Letter of Agreement Terms may result in Safe Alternatives for Everyone, Inc. being ineligible for future funding. Please return your signed Letter of Agreement to: Kaiser Foundation Hospital Riverside Public Affairs, Community Benefit 11080 Magnolia Avenue Riverside, California 92505 To expedite the receipt of your signed Letter of Agreement, prior to mailing you may fax it to (951) 602-4125. If you choose this option, please include a cover sheet. Sincerely, Zai— 1 Karen S. Roberts 1� Public Affairs Director Kaiser Foundation Hospital, Riverside 10800 Magnolia Avenue Riverside, California 92505 NS -2130 (1-95) 6:48 PM 10/11/10 Accrual Basis /4-rktchomer-0— Vi- 6 S.A.F.E. Profit & Loss October 2009 through September 2010 Income Client Service Fees Donations Annual Giving UW Employee Contributi... Donations - Other Total Donations Fundraisers Perfect Pairing Concert Denim & Diamonds Cocktails for a Cause Fundraising -VDAY Total Fundraisers Grants Blue Shield Grant Mentoring-Nat.PAL Kasier Foundation Wells Fargo Foundation Finishline CArt Wynn Foundation ADV -UW Arrest Grant Bank of America Foundat... Change A Life City of Temecula Community Foundation Grants EDA MVUSD Breakthrough Gr... Target United Way Grant Total Grants Interest/Dividends Total Income Expense Computer Repair Housekeeping Supplies Graphic Design Accounting & Audit Fees Client Expenses Client Expenses -Restricted Community Outreach Computer Software Conferences/Meetings Consulting/Professional Credit Card Fees Dues & Subscriptions Equipment Expense Food Oct '09 - Sep 10 6,655.00 3,640.00 1,360.01 16,205.23 21,205.24 10, 925.00 2,000.00 154,016.34 3,145.00 6,455.93 176,542.27 30,000.00 4,947.11 15, 000.00 8,500.00 3,900.00 4,000.00 1,275.00 150, 938.54 10, 000.00 7,494.00 14,000.00 20, 000.00 19,439.36 20,805.22 1,500.00 430.65 312,229.88 1,570.60 Page 1 For Management Use Only 518,202.99 682.35 801.25 798.51 6,504.57 6,831.27 740.00 1,152.45 656.00 602.00 43,622.90 2,995.02 1,669.28 2,413.32 898.83 2 `Nn ren,Gh 20 12 6:48 PM 10/11/10 Accrual Basis S.A.F.E. Profit & Loss October 2009 through September 2010 Fundraising Perfect Pairing Cocktails for a Cause Annual Giving Denim & Diamonds Haunted Museum tto_(.h I'} .) N (\ -1 V Oct '09 - Sep 10 1,586.00 364.49 607.85 40,658.46 211.91 Total Fundraising 43,428.71 Insurance Medical Insurance 7,441.00 Insurance - Other 11,160.14 Total Insurance 18,601.14 Meeting Expense 211.56 Office Supplies & Expense 776.11 PAL Expenses 4,764.94 Payroll Expenses 314,085.11 Payroll Tax Expense 26,580.82 Phones/lntemet 6,164.38 Postage 617.88 Printing 2,673.53 Reconciliation Discrepancies 0.00 Repairs & maintenance 724.19 Security 458.34 Storage 270.47 Taxes & Licenses 437.95 Training 2,560.98 Transportation 3,168.52 Travel 825.45 Utilities 7,712.42 Volunteer/Donor Recognition 1,129.63 Total Expense 505,559.88 Net Income 12,643.11 Page 2 For Management Use Only Attachment VII -A, Exhibit 1 Capacity The Board of Directors is comprised of community stakeholders who own and operate successful businesses, banks and top ranking law enforcement officials and a tribal council member of one of the most successful independent tribes in California. The Board of Directors are skilled business people as well as excellent spokespeople for the agency and have contributed greatly to the success of this grassroots agency. In addition to highly qualified staff, S.A.F.E. has implemented and managed several projects which have resulted in positive, permanent, and sustainable projects. S.A.F.E. has always responded to the community's needs by implementing well -thought out and planned programs in order to provide consistent programming. Many non-profit organizations start and stop projects based on funding availability, we are proud that a result of our fiscal planning and responsible business that we have consistently offered programs and regularly plan for our financial future. S.A.F.E. has received CDBG funding for over five years and has considerable experience managing projects and funding from multiple funding sources. The agency is well versed in CDBG program requirements, as well as other government requirements. Additionally, S.A.F.E. currently is a subcontractor of federal dollars from the Riverside County Sheriff's Department. The federal funding is from the Violence Against Women Act and is for domestic violence advocate services. S.A.F.E. also receives funding from private foundations, local businesses, municipalities as well as private donors. Our funding is diversified by design. S.A.F.E. and Habitat for Humanity both have key personnel, integral to the operations of the organization that are referred to in this section. Melissa Donaldson, Executive Director, S.A.F.E. Melissa is the Executive Director for Safe Alternatives for Everyone. She was the first employee helping the agency move from a funding agency to a service provider. She has been the Executive Director since 2001 and now has 8 staff and the agency serves over 1300 people. Melissa received her degree at Cal Poly State University San Luis Obispo and holds a multitude of certifications that have allowed her to run a wide variety of programs including certification in domestic violence and sexual assault, drug and alcohol identification and education as well as being certified through the State Department of Education to Supervision early childhood programs. Her background has been primarily in out of home care for children including group homes and foster care agencies as well as domestic violence and sexual assault response teams, runaway and homeless youth programs, gang intervention and many others. Melissa has been nominated and chosen to receive many acknowledgements for her work over the years including a commendation from Governor Davis for her work on changing legislation for runaway youth, Acknowledgment from the National Task on Runaway Youth, Women of Merit nominee, Temecula Chamber Citizen of the Year Nominee 2005 and most recently the 2007 Soroptimist International, Making a Difference for Women award in 2007. S.A.F.E. received the Temecula Chamber of Commerce Non -Profit of the Year in 2004. In 2010 Melissa received the Woman of the Year award from the Riverside County Supervisor of the 3rd District. She has been on a multitude of county, state and national task forces with the goal of improving the lives of children and their families. She has written grants for millions of dollars and operated nationally recognized programs over the past 23 years. June Earley, Director of Client Services June serves as the Director of Client Services for S.A.F.E. as manages all of the day -to day operations including staff supervision, program management, and data reporting maintenance. June is responsible for ensuring program grants are implemented accurately and for complete and timely grant reports. She supervises programs, and program staff, and ensures that the agency mission is upheld within all work and programs S.A.F.E. operates. June also provides case management services to families and ensures that client needs are addressed. Attachment VII -A, Exhibit 1 S.A.F.E. Organizational Chart Board of Directors Melissa Donaldson Executive Director June Earley Director of Client Services Irma Cabrai Domestic Violence Advocate EDA USEONLY PROPOSAL NUMBER REVIEWER DOCUMENT STAMP DATE RECEIVED: COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011- 2012 APPLICATION FORM I. GENERAL INFORMATION: ApplyingEntityorAgency:Senior Citizen Service Center of Temecula Rancho Area, Inc. Location:41538 Eastman Drive, Unit B,C City: Murrieta Zip Code: 92562 Mailing Address: Zip Code: P.O. Box 987 Temecula 92593 Telephone Number: 951-600-9557 Executive Director: Rose Vacarrino Telephone Number: E-mail: 951-600-9557 Program Manager: Rose Vaearrino Telephone Number: 951_600_9557 Address (If different from above): Grant Writer: Jann Hannan Telephone Number: 951-600-9557 Fax Number: 951 -600-8233 rosievac@yahoo.com E-mail: scscl1@verizon.net E-mail: scscl 1@verizon.net II. ORGANIZATIONAL HISTORY: (This is applicable only ifyou are a non-profit organization) Date Organization founded: 1978 Date Organization incorporated as a non-profit organization: Federal identification number: 95-3214774 State identification number: 268-1926-8 Number of paid staff: 0 Number of volunteers: 2 9 2/1978 ATTACII: Current Board of Directors (Label as Attachment LA) Articles of Incorporation and By -Laws (Label as Attachment LB) 4 III. PROJECT ACTIVITY: CDBG Funds Requested: $ (total amount for the project only) $ 20,000 Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment II Project Activity) Countywide (check if project will serve multiple districts and/or cities). City(ies):Temecula, Murrieta, Lake Elsinore, Sun City, Wildomar, Community (ies): Menifee, Aguanga, Anza Regions: Other: What Supervisorial District does the activity occur within? Southwest Riverside County NO7E: EDA will make the final determination of the appropriate service area of all proposals. Check ONLY the applicable category your application represents. ❑ Real Property Acquisition Public Service ❑ Housing ❑ Rehabilitation/Preservation (please provide picture of structure) 9 Public Facilities Improvements (construction) ❑ Other: (provide description) IV. PROJECT NARRATIVE: A. Name of Project: Emergency Food Specific Location of Project (include street address; if a street address has not been assigned provide APN) Street:41538 Eastman Drive, Unit B, C, CityMurrieta APN: Zip Code: 92562 Attach maps of proposed project(s) location and service area. 5 H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? Increased public awareness is accomplished through the newspaper, Internet, word of mouth, and referals. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds arc expended? We have been committed to this community service since 1978 and will continue through other grants and donations. V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: CATEGORY 1: Benefit to low -moderate income persons (must be documented). Please choose either subcategory A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT BG CT BG CT BG CT • BG BG CT BG CT # Total population in Census Tract(s) / block group(s) # Total low -moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will provide documentation of their family size, income, and ethnicity. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low -moderate income persons. Participants are required to provide proof of income and identification for all family members, as well as identify ethnicity on their intake form. C. Clientele presumed to be principally low- and moderate -income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) ❑ Abused children ❑ Battered spouses ❑ Elderly persons 0 Severely disabled adults Describe your clientele to be served by the activity. 7 ❑ Homeless persons ❑ Illiterate adults 0 Persons living with AIDS 0 Migrant Farm workers B. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary — Attachment HI Project Description) Warehouse and distribute food products in support of Southwest Riverside County low income seniors, individuals, families, and homeless. C. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): Rent, supplies, food, utilities, refrigeration D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: 5 5 NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activities or service (weeks, months, year): Year Unduplicated number of clients/persons projected to serve (e.g., 25 clients, 50 seniors): 4 5 5 Units of service (Example: 25 clients x 10 visits = 250 units of service): $ 2 0 , 0 0 0 Service will be provided to (check one or more): Men EJ Women ❑ Children ❑ Men/Women Range of children's ages: 0 Men/Women/Children ® Families Seniors [ 1 Severely Disabled Adults 0 Migrant Farm Workers Homeless Number of beds of facility: N /A Anticipated number of "new" beds: N /A Length of stay (if residential facility):N /A E. What are the goals and objectives of the project, service, or activity? flow will you measure and evaluate the success of the project to meet these goals and objectives (measures should be both qualitative and quantitative)? Our goal is to supply food to those in need. We maintain numerical information on the clients as well as feed back. F. Discuss how this project directly benefits low- and moderate- income residents. , Provides food for the underemployed and seniors enabling them to meet the needs of housing, utilities, and medical. G. Respond to A & B only if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes ❑ No PE (b) If service is not new, will the existing public service activity level be substantially increased or improved?yes because of economic hard times. 6 CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. N/A Is the project located in a Redevelopment Arca? Yes ❑ No ❑ If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label as Attachments: IV Category 2, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. CATEGORY 3: Documented Health or Safety Condition of Particular Urgency /A Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label as Attachments: V Category 3, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2011. If your proposed CDBG- funded activity will start on a date other than July 1, 2011, please indicate starting date. If these budget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: The Valley Senior Center is requesting funding of a new Senior Nutritional Program. The total cost of the program is $15,000. A total of $10,000 in CDBG funds is being requested for operating expenses associated with the proposed activity. Other non-CDBG funding will be used to pay pick-up the remaining costs for the program). TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED I. Personnel A. Salaries & Wages $ —0 — $ — 0 — B. Fringe Benefits $ — 0 — $ — 0 — C. Consultants & Contract Services $ — 0 — $ — 0 — SUB -TOTAL $ — 0 — $ — 0 — II. Non -Personnel A. Space Costs B. Rental, Lease or Purchase of Equipment C. Consumable Supplies 8 $ 30,000 $ 1,000 $ 23,000 $ 8, 000 $ —0— $12,000 D. Travel $ —0— $ —O— E. 0— E. Telephone $ '1,300 $ —O— F. 0— F. Other Costs $ 5,600 $ —0 — SUB -TOTAL: $60,900 $ 20,000 III. Architectural/Engineering Design $ —0— $ —0— IV. 0—IV. Acquisition of Real Property $ —0— $ —0— V. 0—V. Construction/Rehabilitation $ —0— $ —0— VI. Indirect Costs $$ — $ —0 — TOTAL: $60,900 $ 20,000 B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI -A, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Funding Source Amount Requested Date Available Type of Commitment City of Temecula Community Grant $5,000 After 07/01/11 Pending City of Murrieta CDBG $10,000 After 07/01/11 Pending Private $ 9,000 Ongoing Ongoing Thrift Store $ 7,000 Ongoing Ongoing Net Trip Income $ 500 Ongoing Ongoing C. Provide a summary by line item of your organization's previous year's income and expense statement (Attachment VI -B, Exhibits 1, 2, etc.). At tached D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes i] No ❑ If yes, identify sources and indicate outcome. City of Murrieta CDBG Pending City of Temecula Community Grant Pending If no, please explain 9 E. Was this project previously funded with CDBG funds? Yes [ No ❑ If yes, when?2003 — Current City of Temecula Is this activity a continuation of a previously funded (CDBG) project? Yes Q No ❑ If yes, explain: Ongoing. The food bank has been a resource to the community since 1978 VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source Activity Year Allocation Amount Expended City of Temecula CDBG Food Bank 2010 11 $10,000 $10,0-0-0 City of $10,000 $10,000 Food Bank 2009-1) Temecula CDBG City of Temecula CDBG Food Bank 2008-9 $10,000 $10,000 City of CDBG Food Bank 20-07-6 $-10,00-0 $10,000 Temecula City of T' mecul a C'DB( Fonr1 Bank 711.06— $10,000 $10,000 City of Temecula CDBG Food Bank 2.005—€ $10,000 $10,000 City of TemPcul a Cr RG Food Bank 2004—c $10,000 $10,000 B. Management Systems Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? Yes C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII-A, Exhibits 1, 2, etc.). Attached 10 D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE START DATE COMPLETION DATE Reduce Hunger 07/01/11 06/30/12 11 APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): 47- 6. On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). 1. The information contained in the project application is complete and accurate. 2. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. 3. The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of local, (NON-CDBG) financial support for community development activities. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. 5. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. DATE: 10/22/10 Signature: Print Name/Title Authorized Representative: Rosie Vacarrino /Director 12 Applicant's Check -list: The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE. Yes NO ATTACHMENT ❑ 1. Board of Directors O 2. Articles of Incorporation and Bylaws O 3. Project Activity Map O ® 4. Project Description ❑ [ 5. Project Benefit, Category 2. Slum Blight Documentation ❑ X❑ 6. Project Benefit, Category 3, Urgency ❑ 7. Leveraging ® ❑ 8. Income and Expense Statement ❑ 9. Management Capacity © 0 10. Board Written Authorization approving submission of application 13 1 Attachment I.A Senior Citizens Service Center of the Rancho Temecula Area, Inc. BOARD OF DIRECTORS Rosalie Vaccarino John Flores Jann Hannan Ruth Cobb John G. Koran, Jr. Shirley Petrus Attachment I.B ARTICLES OF INCORPORATION OF 838119 ENQoR$EI .FILED : • la the office of 164i Secretory of Stats SENIOR CITIZENS SERVICE CENTER OF THE •f'fhe .Ssdte of Coliforoia FEB 2 1978 MAEBN FOND EU, Secretary of Stats By BILL HOLDEN Deputy TEMECULA-RANCHO AREA 1 NAME The name of.thes Corporation is SENIOR CITIZENS SERVICE CENTER OF TIFF; TEMECULA RANCHO AREA II PURPOSE AND POWERS The purposes of this Corporation are: •(a) Specific and Primary Purpose._ The specific and rimary purpose for which this 'Corporation is formed is to provide recreational, education, and social services for senior citizens in and about the Temecula -Rancho Area, County of Riverside. (b) General Purposes and Powers In order .to carry out said purposes, this .Corporation shall have the following powers:- (1) owers:- (1) To solicit, collect, receive, acquire, hold and invest moneyy and property, both real and personal, received by gift, grant, contribution, bequest., devise or otherwise; to sell and con- vert property, both real and personal, into cash; and to use the funds of this Corporation and the proceeds, income, rents, issues and profits derived from any property of this Corporation for any of the purposes for which this Corporation is formed. (2) To buy, lease, rent, or otherwise acquire, hold, or use, own, enjoy, sell, exchange, lease as lessor, mortgage, deed in trust, pledge, encumber, transfer in trust, or otherwise dispose of any and all kinds of property, whether real, personal, or mixed and to receive property by devise or bequest; (3) To borrow money and to contract debts, to issue bonds, notes, and other evidences .of indebtedness;.. and to secure them by and or all of the property of this Corporation, or to issue them.unsecured; (4) To enter into, make, perform and carry out con- tracts of every kind for any lawful purpose without limit on amount, with any person, firm, association or corporation, munici- pality, county,,or. other- municipal or governmental subdLvision; To'do -all°things necessary; expedient;: or appropri- ate to the accomplishment of any of the objects and purposes for which this corporation is formed and have and. to exercise ;;all .:the •powers conferred by the California General Nonprofit Corporation liaw on -nonprofit corpora- tions, as that law is. now in effect. .or may :atany time.: hereafter be Notwithstanding any of the above statements of purposes and powers, this Corporation shall not engage, except to an insub- stantial degree, in activities that are not in furtherance of the purposes set forth in Paragraph (a) of this Article 11. Nothing contained in the foregoing statement of the purposes shall be con- strued to authorize this Corporation to carry on any activity for the profit of its members, or to distribute any gain, profits, or dividends to any of its members. 2 - • xxx ORGANIZATION This Corporation is organized under the General Nonprofit Corporation Law of the State of California. This Corporation shall not be operated for pecuniary gain or profit, does not contemplate the distribution of gains, profits, or dividends to its members, and is organized solely for nonprofit purposes. IV PRINCIPAL OFFICE The principal office of this Corporation for the trans- action of business is in Riverside County, California. DIRECTORS (a}.: The.. number.of..Dzrectorsf of< this. .Corporation is ,five (5) until changed.by a:n: nendment -to these Articles of Incor- poration, or_ .by a . By -Law. adopted by .the members `The names and addresses• of the:.:pers,ons .appo nte.d: to. act.. as far-st Directors until the selection of their successors are: 1) Rubie Runyan 31130 S. Gen. Kearny Road #45 Temecula, California 92390 2) Clifford W. Moll 31130 S. Gen. Kearny Road #156 Temecula, California 92390 3) R. S. Norland • 31130 S. Gen. Kearny Road 425 Temecula, California 92390 3 4) Charles A. McCleary 31130 S. Gen..Kearny Road #67 Temecula, California 92390 5) Lillian L. Basquez 41945 Fifth Street Temecula, California 92390 (b) The number Of directors may be fixed or. dhanged from time to time by amendment of the By -Laws of this Corporation • adopted by the vote or written assent of the members of the Cor- poration entitled to exercise a majority ° of the voting_ power._ (c) The manner in which directors shall be chosen and removed from office, their• qualifications, powers,duties, compen- cation., and tenure of off-ice,...the 'mann•er• of ;fillin.g vacancies on the Board, and the manner of calling- and holding' meetings.:of..the directors, shall be stated in the By -Laws... • vI. - MEMBERSHIP • There shall be two (2) classes of members of this Cor- poration. -The persons who are directors of this Corporation from time to time shall be its only voting members and upon ceasing to be a director of this Corporation any such person shall cease to be a voting member thereof. The members and directors of this Corporation shall have no liability for dues or assessments. VII. ACTION WITHOUT MEETING The Board of Directors may take any action without a meeting that may be required or permitted to be taken by the Board at a meeting, if alLmembers of the Board individually or collectively consent in writing to the action. The written consent or consents shall be filed in the minutes of the pro- . ceedings of the Board. The_ .action :bywritten consent shall have the same effect as a unanimous vote of Directors. Any certificate .or..other . document filed with the minutes of the .proceedings shall state that the action was .taken .by unanimous written consent of - -----!:-.-t-.--------;_......- ._ . _ -the Board without a meeting and; that;. the Articlesof the Corporation r _ :.-aiuthorize -this` -action.. VIII .:DEDICATION AND DISSOLUTION - The property of this . Corporation is "irrevocably --dedicated to the purposes set forth i -n Paragraph :(a) of Article II meeting among other requirements, the requirements for exemption 'provided by Section 214 of the Revenue and Taxation Code, and no part of the net income or assets of this organization shall ever inure to the benefit of any director, officer, or member thereof or to the benefit of any private person. (b) On the dissolution or winding up of the Corporation its assets remaining after payment of, or provision for•paynent of, all debts and liabilities 4of this Corporation, shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code and .Section 23701(d) of. the California Revenue and Taxation Code. (c) If this Corporation holds any assets in trust at the time of dissolution, such assets shall be disposed of in such manner as may be directed by decree of the superior court of the county in which the Corporation has its principal office, on petition therefor by the Attorney General or by any person concerned in the liquidation in a proceeding to which the Attorney General is a party. IX LIMITATION ON CORPORATE ACTIVITIES None ofthe activities of this Corporation shall cons-ist, of'the carrying on `af propaganda, :or -otherwise attempting, :to in- fluence legislation. This Corporation shall not participate in, or intervene in (including the ,publishing or :distributing of state- ments), tate-ments),. any political campaign on behalf of 'any candidate for public office. IN WITNESS WHEREOF, the undersigned, who ,are the incor- porators of :and include the named first Directors: of this Corporation, have executed these. Articles of Incorporation on this of o!%✓f1 'e.. , 1977. .vteitzie/917-eee Clifford W. Mell yfbie Runy6n 6/ 4.2.SQL 11)/ R. S. Nor and 6 day .4pt/"4r , 4r • / '!f J!4-�{�cf!" " Charles A. McCleary 0 r/ BY-LAWS SENIOR CITIZENS SERVICE CENTER OF THE TEMECULA-RANCHO AREA, INC. ARTICLE I NAME SECTION 1. The name of this organization shall be the Senior Citizens Service Center of Temecula -Rancho Area, Inc. and is a non-profit corporation licensed by the State of California. Hereafter in these by-laws it shall be referred to as the Ser- vice Center. ARTICLE II PRINCIPAL OFFICE SECTION 1. The principal office for the transaction of business of the corporation is fixed and located at Temecula, County of Riverside, State of California. The Board of Directors may at any time or from time to time change the location of the principal office from one location to another in this county, within our scope of services. ARTICLE III ' MEMBERSHI P SECTION 1: Any person residing within the scope of services of the corporation, age 60 or over, shall be eligible for membership. ARTICLE IV MEETINGS SECTION 1. Annual Meeting. The annual meeting shall be held the first Thursday in August at a place and time designated by the President of the board. The Secretary shall notify each member of the meeting. SECTION 2. Regular or Special Meetings. Regular or special meetings of the Board of Directors shall be held at any place within the scope of .services on the 1 1 first Thursday of each:'month or'►ats otherwise designated by the Board of Directors. The secretary shall notify each member of the meeting. SECTION 3. Quorum. A majority of the members of the Board of Directors shall constitute a quorum for the transaction of business. SECTION 4. All Meetings. All meetings of the Board of Directors are to be conducted in accordance with Roberts Rules of Order. ARTICLE V LIABILITY SECTION 1. No person who is now, or who later of this corporation shall be personally liable for any indebtedness or liability, and any and this corporation shall look only to the assets tion for payment. ARTICLE VI BOARD OF DIRECTORS becomes a member - to its creditors all creditors of of this corpora - SECTION. 1. The Board of Directors shall consist of five (5) members until the number of directors is changed by amendment to these by-laws. SECTION 2. The officers of this corporation shall be a President, Vice -President, Secretary and Treasurer, and such other officers as the Board of Directors may appoint. One person, other than the President, may hold more than one of these offices. The Coordina- tor of the Service Center shall be ex -officio member of the Board. SECTION 3. Election and Term of Office.. The initial terms of the first directors of this cor- poration shall be until the first annual meeting or until hiss/her successor is elected. Thereafter, the term of office of each Dir- ector of this corporation shall be one (1) year, or until his/her successor is elected. -2- i SECTION 4. Vacancies: A vacancy in any office because of. death, resignation, removal, disqualification or otherwise shall be filled by the Board of Directors. SECTION 5. Directors, from time President. He/she shall preside at all meetings of the Board of and shall have such other duties as may be prescribed to time by the Board of Directors. SECTION 6. Vice -President. In the absence or disability of the President the Vice -President shall perform all the duties of the President and in so acting shall have all the powers of the President. The Vice- Pres.ident shall have such other powers and perform• such other duties as may be prescribed from time to time by the Board of Dir- ectors. SECTION 7. Secretary. The.Secretary shall keep a full and complete record of the proceedings of the Board of Directors, shall keep the seal of the corporation and affix it to such papers and instruments as may be required in the regular course of business, shall make service of such notices as may be necessary or proper, and shall discharge such other duties of the office as prescribed by the Board of Dir- ectors. SECTION 8. Treasurer. The Treasurer shall receive and safely keep all funds of the corporation and deposit them in the bank or banks that may be designated by the Board of Directors. These funds shall be paid out only on checks of the corporation signed by any two (2) of the following, to -wit: President, Vice -President, Treasurer, Secretary or Coordinator of the Service Center. The Treasurer shall have such powers and perform such other duties as may be prescribed from time to time by the Board of Directors. SECTION 9. Paid Staff. The Board of Directors shall appoint a,.' paid Coordinator i and Bookkeeper for the Service Center. The Board of Directors shall recommend the amount of salary and shall havethe power to dismiss the Coordinator or Bookkeeper. ARTICLE VII FISCAL YEAR The fiscal year shall commence on the first day of July -and shall end on the last day of June. ARTICLE VIII AMENDMENT TO BY-LAWS These by-laws may be altered, amended or repealed and new by-laws adopted by the vote of a majority of the members of the Board of Directors except that a by-law fixing or changing the number of directors may be adopted, amended or repealed only by the vote or• written consent of a majority of the members of the Board of Directors of the corporation on the vote of a majority of a quorum at a meeting of members of the Board of Directors called for that purpose and which is the vote of the majority of those present and voting. AMENDED' 8/4/83 �. 4�.. r,„:'Q Q .'per j o• • d' i 2 3• p 4 141 it Et - iSIZA .G Y ddd3 moi: . 2 w bye N �J� I c, /'- yam{, O •. 2^.moi\t tr. 1t,t;Ctl.1i*U 11L .L1 $- kA, t r hm ' n.t I' O 'S. �.s K x • OC 00 0% I � � el J4'4 Oki \� dGo ti ' cr ,iQ y 5, �Rf-'" $I# I I.o qk- .41 -'w! w t c.; ,E -ii }' ,-,iit ' •uej ,•. ti Q OYp/iM . '�' M '. n'tKRY � 14� �oJ .�. - -�•ti�,' .!:.,°Q � +ter. �' ° r6 •ice 'PF a c� �/J( tel: Y� December 1, 2009 Attachment VI—A, Exhibits 4. City of Temecula Finance Department 43200 Business Park Drive•Temecula, CA 92590•Mailing Address: P.O. Box 9033•Temecula, CA 92589-9033 (951) 694-6430 • Fax (951) 694-6479 Rose Vaccarino SENIOR CITIZEN SERVICE CENTER OF THE TEMECULA RANCHO AREA, INC. P.O. Box 987 Temecula, CA 92593-0987 f Dear Ms. Vaccarino: Congratulations on being selected for funding under the Fiscal Year 2009-2010 Temecula Community Service Funding Program. Your organization has been awarded $5,000 to be used to provide food for low income residents. Your organization must confirm that these funds are expended in accordance with the above -stated purpose. The City may require access to your accounting records in accordance with this policy. If City funds are not expended as stipulated, the funds must be returned to the City. In order to disburse your Fiscal Year 2009-2010 Community Service Funding Program Award, the City requires back-up documentation (specifically copies of invoices, receipts and. cancelled checks) to support last year's grant in the amount of $5,000. Please submit your back-up documentation to one of the addresses below: Mail to: City of Temecula Finance Department Attn: Judy McNabb Post Office Box 9033 Tem.ecula, CA 92589-9033 Deliver to: City of Temecula Finance Department Attn: Judy McNabb 43200 Business Park Drive Temecula, CA 92590 In order for these funds to be released, you must sign below acknowledging the following statement: "We do not discriminate based on race, color, nationality, sex, marital status, disability, religion, or political affiliation." The City fully supports the efforts of your organization and its services to the citizens of Temecula. Sincerely, Genie Roberts Director of Finance 144-r." ACKNOWLEDGMENT OF FUNDING CONDITIONS (please sign and return this 'letter as soon as possible): 44 . ka k e--- Print Name/Title S'ecv'e��; Printed on Recycled Paper tr% )'h— Authorized Signature/Title thl✓�,,' Dat •• CITY. OF TEMECU ACCOUNTS PAYAB < PaO $OX 9033 ECULA, CA 92589-9033 (9`5 1694-6430 ollars and No'Cents NOT VALID 6 MONTHS AFTER THE DATE OF ISSUE SENIOR CITIZENS SERVICE CENTER OTM ! 16../F THE TEMECUlLAIRANCHO! REA 'P.O;BOX987 ,1!1:1 1E;; TEMECULA, CA 92593-09871 10Q136747114 I: L 220004961:: 27400208,4911° • AU B OR BREATHE ONTHE PINK LOCK'S KEY ICONS-401DR WILI:FADE AND THEN REAPPEAR ON AN AUTHENTIOCHECKAF COLOR DOES Nar FADE DONOTIACCEPTRO•094;CAMtgAve"' PLEASE DETACH BEFORE DEPOSITING CITY OF TEMECULA, CA 92588-9033 CHECK NO. 136747 M til fir` 4coONTWOZ FY 09/10 CSF 01/28/2010 FY 09/10 Community Srvc Funding 0.00 5,000.00 5,000.00 `2ACCWttTi&a:ws:w- M4 5- •a .. .Nti4ati e U ;, MO* ° '!, :,,t.: � :s a�+i�fiufER 41 f til • � � r 001919 01/28/2010 1367,4 �; 15,000.00 ollars and No'Cents NOT VALID 6 MONTHS AFTER THE DATE OF ISSUE SENIOR CITIZENS SERVICE CENTER OTM ! 16../F THE TEMECUlLAIRANCHO! REA 'P.O;BOX987 ,1!1:1 1E;; TEMECULA, CA 92593-09871 10Q136747114 I: L 220004961:: 27400208,4911° • AU B OR BREATHE ONTHE PINK LOCK'S KEY ICONS-401DR WILI:FADE AND THEN REAPPEAR ON AN AUTHENTIOCHECKAF COLOR DOES Nar FADE DONOTIACCEPTRO•094;CAMtgAve"' PLEASE DETACH BEFORE DEPOSITING CITY OF TEMECULA, CA 92588-9033 CHECK NO. 136747 M til fir` 4coONTWOZ FY 09/10 CSF 01/28/2010 FY 09/10 Community Srvc Funding 0.00 5,000.00 5,000.00 `2ACCWttTi&a:ws:w- M4 5- r:: s viev :; 001.10'1.999.5267 5,000.00 y S'iltri 8,4 -..1•t'AC000NT=' :', AMOUNT •.-. ... ° 136747 Attachment VI -A, Exhibits SENIOR CITIZENS SERVICE CENTER OF THE TEMECULA RANCHO AREA, INC. STATEMENT OF SUPPORT, REVENUE, EXPENSES AND CHANGES IN FUND BALANCES FOR THE FISCAL YEAR ENDED JUNE 30, 2010 UNRESTRICTED RESTRICTED TOTAL FUND FUND FUNDS PUBLIC SUPPORT AND REVENUE Public Support: City grants $ 20,000 $ 20,000 Riverside County EDA 15,864 15,864 Gas Company grant 1,000 Donations 1,000 8,073 8,073 Total Public Support 29,073 15,864 44,937 Revenue: Interest income 19 Thrift store sales 19 7,254 7,254 Trip income (net of expenses) 531 531 Total Revenue Total Support and Revenue 7,804 7,804 36,877 15,864 52,741 OPERATING EXPENSES Emergency food and aid 11,070 Auto expense 181 Insurance 1,152 Office expense and miscellaneous 3,561 Rent and utilities 9,136 Telephone 1,230 Total Expenses Excess of public support and revenue over expenses Fund balance, beginning of year Fund balance, end of year 15,864 11,070 181 1,152 3,561 25,000 1,230 26,330 15,864 42,194 10,547 27,796 38,343 See accompanying notes and accountant's report Winifred A. Samstag, Certified Public AccountAnt ; Ocala, Florida N •. 10,547 27,796 38,343 Attachment VI -A, Exhibits 2 1 Town Center 24601 Jefferson Avenue - Murrieta, CA 92562 Contact: Dorothy Farmer Phone: 951.461.6046 Email: dfarmer@murrieta.org www.murrieta.org t..=+1''!0'�!]:'�+1'�_'4Mrn. ';i:i ti',. .�Y=�{.1ii?>.C: A i•-t�:%?'. City of.. Murrieta COMMUNITY DEVELOPMENT BLOCK: GRANT Application 2010 2011. Program Year 40 friPPM)6]) Mirricta te fuw:e of sati'+�ar. califoro�a Application Deadline 4:00 p.m. October 23, 2009 VIZSMI Attachment VI, Exhibit 1 Winifred A. Samstag, CPA 5400 SW College Road, Suite 302, PMB 10 Ocala, FL 34474 (352) 237-6333 or (877) 797-7630 Telephone (352) 237-3333 Fax Email: winsamstag i aol.com To the Board of Directors Senior Citizens Service Center of the Temecula Rancho Area, Inc. Murrieta, California Independent Auditor's Report I have audited the accompanying statement of assets and liabilities of • the Senior Citizens Service Center of the Temecula Rancho Area, Inc. as of June 30, 2010 and the related statements of support, revenue, expenses and changes in fund balances and cash flows for the fiscal year then ended. These statements are the responsibility of the Organization's Board of Directors. My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with generally accepted auditing standards. Those standards required that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis; evidence supporting the amount and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by the Board of Directors, as well as evaluating the overall financial statement presentation. I believe that my audit provides a reasonable basis for my opinion. In my opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Senior Citizens Service Center of the Temecula Rancho Area, Inc. as of June 30, 2010 and the results of its operations and its cash flows for the fiscal year then ended in conformity with the cash basis method of accounting. September 2, 2010 SENIOR CITIZENS SERVICE CENTER OF THE TEMECULA RANCHO AREA, INC. STATEMENT OF ASSETS AND LIABILITIES JUNE 30, 2010 ASSETS Cash in banks Furniture and equipment Rent deposit and prepaid rent Equipment Total Assets LIABILITIES AND FUND BALANCES Total Liabilities Fund Balances Undesignated Total Fund Balances Total Liabilities and Fund Balances UNRESTRICTED RESTRICTED TOTAL FUND FUND FUNDS $ 32,662 3,681 2,000 32,662 3,681 2,000 $ 38,343 $ - $ 38,343 38,843 38,843 38,843 - 38,843 $ 38,843 $ - $ 38,843 See accompanying notes and accountant's report Winifred A. Samstag, Certified Public' Accountant Ocala, Florida SENIOR CITIZENS SERVICE CENTER OF THE TEMECULA RANCHO AREA, INC. STATEMENT OF SUPPORT, REVENUE, EXPENSES AND CHANGES IN FUND BALANCES FOR THE FISCAL YEAR ENDED JUNE 30, 2010 UNRESTRICTED RESTRICTED TOTAL FUND FUND FUNDS PUBLIC SUPPORT AND REVENUE Public Support: City grants $ 20,000 $ 20,000 Riverside County EDA 15,864 15,864 Gas Company grant 1,000 1,000 Donations 8,073 8,073 Total Public Support 29,073 15,864 44,937 Revenue: Interest income 19 19 Thrift store sales 7,254 7,254 Trip income (net of expenses) 531 531 Total Revenue Total Support and Revenue 7,804 7,804 36,877 15,864 52,741 OPERATING EXPENSES Emergency food and aid 11,070 11,070 Auto expense 181 181 Insurance 1,152 1,152 Office expense and miscellaneous 3,561 3,561 Rent and utilities 9,136 15,864 25,000 Telephone 1,230 1,230 Total Expenses 26,330 15,864 42,194 Excess of public support and revenue over expenses Fund balance, beginning of year Fund balance, end of year 10,547 - 10,547 27,796 - 27,796 38,343 - 38,343 See accompanying notes and accountant's report Winifred A. Samstag, Certified Public Accountant Ocala, Florida i SENIOR CITIZENS SERVICE CENTER OF THE TEMECULA RANCHO AREA, INC. STATEMENT OF CASH FLOWS FOR THE FISCAL YEAR ENDED JUNE 30, 2010 CASH FLOWS FROM OPERATING ACTIVITIES Excess of public support and revenue over expenses Adjustments to reconcile net cash provided by operating activities Decrease in prepaid rent (Decrease) in deferred income Net Cash Flows Provided (Used) by Operating Activities CASH FLOWS FROM INVESTING ACTIVITIES Net Increase (Decrease) in cash Cash - Beginning of Year Cash - End of Year UNRESTRICTED RESTRICTED TOTAL FUND FUND FUNDS $ 10,547 $ 10,547 2,000 (12,000) 2,000 (12,000) 547 - 547 547 32,115 $ 32,662 $ See accompanying notes and accountant's report Winifred A. Samstag, Certified Public Accountant Ocala, Florida 547 32,115 $ 32,662 SENIOR CITIZENS SERVICE CENTER OF THE TEMECULA RANCHO AREA, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 Note A - Summary of Significant Accounting Policies The Senior Citizens Service Center of the Temecula Rancho Area, Inc. was incorporated as a non-profit organization under Internal Revenue Code Section 501(c)(3). The Service Center assists area needy senior citizens with ,by distributing government commodities to the poor and needy in the local area. The Center also provides.social and recreational facilities and activities for senior citizens. Accounting Method The organization maintains its books generally on a modified cash, basis of accounting. -Expenses and capital expenditures are paid as incurred. Revenues are generally recorded as income as received; however, for the fiscal year ended June 30, 2010, $12,000 which was intended for the current fiscal year had been received during the prior fiscal year and was recorded as "Deferred Income" at that time. Fund Accounting To insure observance of limitations and restrictions placed on the use of certain resources available to the Service Center, the accounts of the Service Center are maintained in accordance with principles of fund accounting. This is the procedure by which resources for various purposes are classified for accounting and reporting purposes into funds established according to their nature and purpose. Separate accounts are maintained for each fund. The assets, liabilities and fund balances of the Service Center are reported in self -balancing groups as follows: Unrestricted funds represent the portion of expendable funds that is available for support of the Service Center's operations. Restricted funds represent resources restricted for facility rent and emergency food and medical assistance to senior citizens. During the fiscal year ended June 30, 2010 restricted funds were received from Riverside County EDA to be used for facility rent. SENIOR CITIZENS SERVICE CENTER OF THE TEMECULA RANCHO AREA, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 Donated Services and Materials A substantial number of unpaid volunteers have made significant contributions of their time in conjunction with the Service Center programs and services. These contributions have not been included in these financial statements, as no objective method of valuation has been determined. In addition to volunteer time, most of the food distributed has been donated by various agencies. No record has been kept of the value of these donated items, therefore they are not included in these financial statements. All contributions are considered to be available for unrestricted use unless specifically restricted by the donor. Support donations are recorded as they are received. All items sold in the Thrift Store have been donated. NOTE B - Federal Income Tax The Service Center is an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code. While the Service Center is generally exempt from income taxes, it is subject to taxes on unrelated trade or business income and on excess lobbying expenses. For the year ended June 30, 2010, the Service Center did not incur any tax liability for unrelated trade or.business, or lobbying activities. NOTE C - Facility Lease The organization is operating in a facility under a five year lease, with payments of $2,000 per month, which will expire in May, 2014. Attachment VII — A Exhibits 1 MANAGEMENT CAPACITY Board of directors each serve actively with implementation and seeing out projects within the organization. Their experience includes but is not limited to: Rosalie Vaccarino: Over 26 years associated with the Senior Service Center and Food Bank. Her leadership skills are put to work as she directs and manages all programs within the Center as well as serves as the primary contact and influence for the organization. John Flores: Besides currently playing an active role managing an ongoing property management and improvement business and managing a family trust plays an active part in the warehouse with food distribution, also serves as a voice for the center promoting community involvement. Jann Hannan: Twenty plus years Secretarial experience with over fifteen of it as administrative assistant for her own business and numerous years with the County of Riverside , including experience with the Department of Social Services in Eligibility. She currently oversees all office functions, including, client management and record keeping as well as office staff volunteers associated with the projects. Ruth Cobb: Treasurer oversees all bookkeeping functions within the organization. Her past banking experience has made her an asset to the overall organizations business and accounting functions. As well as working with grant applications. John G. Koran, Jr.: With over eleven years with the organization, a retired Marine , his strong discipline and attention to detail is in charge of overseeing emergency food, bread, and commodities warehouse , organization, distribution and volunteers. Shirley Petrus with over ten years service with the organization is experienced in business as a sole proprietor, her role includes but is not limited to fieldwork, making contact with organizations and pulling in community involvement. As well as playing an active role herself she oversees other fieldwork volunteers. She also oversees the organizations website. Board Written Authorization Approved this date September 15, 2010, unanimous by board of directors: submission of County of Riverside Community Development Block Grant Program 2010-2011 Applications. Rose Vaccarino, Director Senior Citizens Service Center of the Temecula Rancho Area, Inc. EDA USEONLY PROPOSAL NUMBER REVIEWER DOCUMENT STAMP DATE RECEIVED: COUNTY OF RIVERSIDE COMM UNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011- 2012 APPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: Temecula Murrieta Rescue Mission (TMRM) Location: Temecula, CA City: Temecula Zip Code: 92592 Mailing Address: One Hope Drive, Tustin, CA Zip Code: 92782 Telephone Number: (714) 247-4301 Fax Number: (714)258-4451 Executive Director: Jim Palmer Telephone Number: (714) 247-4301 E-mail: jim.paliner %airescuemission.org Program Manager: David Jones Telephone Number: (951) 526-1200 1 mail davidjones@rescuemission.org Address (If different from above): 31300 Rancho Community Way, Temecula, CA 92592 Grant Writer: John Eumurian Telephone Number: (714) 247-4301 E-mail: john.eumurian@rescuemission.org II. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization) Date Organization founded: 3/20/2009 Date Organization incorporated as a non-profit organization: 4/03/2009 Federal identification number: 27-0230701 State identification number: 3194472 Number of paid staff: 2.5 Number of volunteers: 120 ATTACH: Current Board of Directors (Label as Attachment I.A) Articles of Incorporation and By -Laws (Label as Attachment LB) 4 III. PROJECT ACTIVITY: CDBG Funds Requested: $ 15,000 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment II Project Activity) ® Countywide (check if project will serve multiple districts and/or cities). City (ies): Primary emphasis on the cities of Temecula and Murrieta Community (ies): emphasis on supervisorial District 3, but also including cities of Lake Elsinore, Wildomar and Perris Regions: Tertiary emphasis on the southwest portion of Riverside County Other: What Supervisorial District does the activity occur within? Supervisor Jeff Stone, District 3 NOTE: EDA will make the final determination of the appropriate service area of all proposals. Check ONLY the applicable category your application represents. 0 Real Property Acquisition ❑ Public Service ❑ Housing ❑ Rehabilitation/Preservation (please provide picture of structure) 0 Public Facilities Improvements (construction) ® Other: (provide description) Emergency food and care coordination services for low income and homeless individuals and families. IV. PROJECT NARRATIVE: A. Name of Project: Emergency Food Project Specific Location of Project (include street address; if a street address has not been assigned provide APN) Street: 31300 Rancho Community Way City:Temecula Zip Code: 92592 APN: Attach maps of proposed project(s) location and service area. 5 B. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary — Attachment III Project Description) The Emergency Food Project (EFP) will address the escalating issue of hunger in Riverside County as a result of the surge in unemployment (13.7%). According to the most current County of Riverside Homeless Count and Survey (2009), there are approximately 11,191 individuals in Riverside County at risk of going hungry each year. 17.9% (up from 12.7%) of the Riverside County residents are under the poverty level (377, 269 people). The Emergency Food Project will provide a bi-weekly food box distribution program based out of its headquarters in Temecula, CA. This program will provide low income and homeless clients with much needed emergency food staples, as well as educate them about the internal services offered by the Temecula Murrieta Rescue Mission (TMRM,) as well as other community-based services. Every emergency food box will consist of the same shelf stable food items. The 25 pound emergency food box is designed to feed a family of four for about a week and will consist of non- perishable items such as; Macaroni and Cheese, Pasta, Spaghetti Sauce, Pinto Beans, Rice, Cereal, Tuna, Peanut Butter, Green Rnnnc Reef Stew and Peaches. C. Provide a detailed description of the pi ds only (e.g. client scholarships, purchase a specific piece of , salaries, etc.): CDBG funds will be exclusively used fo ood box distribution ($7,500) and the salary of 7,500) for individuals or families accessing theE mecula Murrieta Rescue Mission (TMRM) currently provides over 600 food boxes monthly. $7,500 of the CDBG funds would be used to purchase an additional 600 food boxes for hungry families and individuals at a cost of $12.50 per box. The project is estimated to impact 2,400 (600 x 4 people per food box per week) duplicated individuals annually across the southwest portion of Riverside County. Food boxes will be delivered onsite, as well as through distribution sites such as Calvary Chapel, Murrieta. A .45 FTE Care Coordinator will provide front end direct service and be responsible for information and referral and care coordination activities with participants in the program. The Care Coordinator will engage with the client in a two step process utilizing an initial intake screening to determine additional needs and providing a point of entry into TMRM internal programs and resources or to community-based services through referrals and linkages. Partner agencies (food box distribution sites) include: • Temecula Murrieta Community Pantry • Calvary Chapel Murrieta Church • Murrieta United Methodist Church • St. Catherine 's Catholic Church • St. Martha's Catholic Church (Murrieta Food Pantry) • Grace AME Church • Mountain View Community Church • Sunrise Christian Fellowship • Tom's Oasis 6 1 B. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary —Attachment III Project Description) The Emergency Food Project (EFP) will address the escalating issue of hunger in Riverside County as a result of the surge in unemployment (13.7%). According to the most current County of Riverside Homeless Count and Survey (2009), there are approximately 11,191 individuals in Riverside County at risk of going hungry each year. 17.9% (up from 12.7%) of the Riverside County residents are under the poverty level (377, 269 people). The Emergency Food Project will provide a bi-weekly food box distribution program based out of its headquarters in Temecula, CA. This program will provide low income and homeless clients with much needed emergency food staples, as well as educate them about the internal services offered by the Temecula Murrieta Rescue Mission (TMRM,) as well as other community-based services. Every emergency food box will consist of the same shelf stable food items. The 25 pound emergency food box is designed to feed a family of four for about a week and will consist of non- perishable items such as; Macaroni and Cheese, Pasta, Spaghetti Sauce, Pinto Beans, Rice, Cereal, Tuna, Peanut Butter, Green Beans, Beef Stew and Peaches. C. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): CDBG funds will be exclusively used for the purchase of food for the food box distribution ($7,500) and the salary of a .45 FTE Care Coordinator ($7,500) for individuals or families accessing theEmergency Food project. The Temecula Murrieta Rescue Mission (TMRM) currently provides over 900 food boxes monthly. $7,500 of the CDBG funds would be used to purchase an additional 600 food boxes for hungry families and individuals at a cost of $12.50 per box. The project is estimated to impact 2,400 (600 x 4 people per food box per week) duplicated individuals annually across the southwest portion of Riverside County. Food boxes will be delivered onsite, as well as through distribution sites such as Calvary Chapel, Murrieta. A .45 FTE Care Coordinator will provide front end direct service and be responsible for information and referral and care coordination activities with participants in the program. The Care Coordinator will engage with the client in a two step process utilizing an initial intake screening to determine additional needs and providing a point of entry into TMRM internal programs and resources or to community-based services through referrals and linkages. Partner agencies (food box distribution sites) include: • Temecula Murrieta Community Pantry • Calvary Chapel Murrieta Church • Murrieta United Methodist Church • St. Catherine's Catholic Church • St. Martha's Catholic Church (Murrieta Food Pantry) • Grace AME Church • Mountain View Community Church • Sunrise Christian Fellowship • Tom's Oasis 6 Number of beds of facility: N/A Anticipated number of "new" beds: N/A Length of stay (if residential facility): N/A E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meet these goals and objectives (measures should be both qualitative and quantitative)? The Emergency Food Project provides food security and care coordination, focusing on the stabilization of individuals and families who are very poor or at - risk of homelessness. According to the National Alliance to End Homelessness "The most economically efficient way to end homelessness is to prevent its occurrence". Goal: To provide emergency food box distribution and care coordination services for residents of the City of Temecula and surrounding areas in Riverside County. Objectives: 1. To stabilize families by meeting emergency needs for food and thereby reduce the stress offood insecurity. According to the Journal of Social Distress and the Homeless, "whether a child is currently homeless is not as significant as overall stability". 2. To provide targeted care coordination services to those seeking food and other community-based resources. 3. To increase awareness and access to TMRM resources among low income populations in the Murrieta area and surrounding portions of Riverside County. Qualitative Outcomes: 1. To provide emergency food assistance (food boxes) and stabilization resources (care coordination services) to poor and homeless individuals in the Riverside County area, thereby decreasing their risk offood insecurity. 2. Clients will gain access to available information at each distribution point regarding additional internally -based resources leveraged through TMRM's primary partner agency, Rancho Community Church (and other partners) including: i. Encourage -A -Child — partnering with local group home foster kids ii. Emergency Shelter — temporary housing for women and children iii. Project Bliss — equipping families to overcome poverty and matching church families to mentor them as they look to the future iv. Nursing home visitation — visiting the elderly v. Thanksgiving Meals — preparing meals for families who either cannot afford and/or physically cannot make their own meal vi. Christmas Angels — providing gifts to families in need Quantitative Outcomes: 1. 600 food boxes will be distributed (estimated to feed a family of 4) 2. 2,400 duplicated clients will receive food box distributions. 3. 150 unduplicated clients will receive care coordination services. 4. 840 unduplicated clients will receive information on the services offered by the Temecula Murrieta Rescue Mission 8 1 F. Discuss how this project directly benefits low- and moderate- income residents. According to the American Community Survey in 2009, the child poverty rate in Riverside County was 17 percent, and food stamp enrollment was up 48% over the previous year. The Inland Empire region has been hard hit by the recession. An even clearer indication is the 65% reduction in MSI (Medical Services Initiative) in Riverside County since 2007. Families in previously low-income areas, who were already dependent on social services, are now at risk of entering homelessness in increasing numbers. According to Maslow 's Hierarchy of Need, the basic physiological needs such as Housing, Food, and Water must be met first, as they represent the literal elements necessary for human survival. If these needs are not met, all higher needs are subjugated to satisfying these physiological needs. The Temecula Murrieta team has learned through experience that they must first meet these elemental needs before their clients are willing to address the secondary and tertiary levels like safety, community, esteem, and self -actualization. With the most pressing survival need addressed through the food box service, the individual or family will be more receptive to additional resources and assistance delivered through the care coordinator. These secondary services are crucial in stabilizing the clients through other community-based services. G. Respond to A & B only if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes ❑ No IZ (b) If service is not new, will the existing public service activity level be substantially increased or improved? Because of the current challenges of the economy and decreased funding for the mission, the Emergency Food Box project's distribution (10,800 food boxes annually) is currently below the defined need (estimated at 11,400 boxes annually). The 2011-12 CDBG funding will allow TMRM the ability to fund the distribution of the 600 additional needed food boxes, an estimated 5.5% increase over the current distribution. H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? - Word of mouth — With 4,000 members at our partner church, there are many opportunities for parishioners to communicate internally and externally about the Emergency Food Project. - 211 referrals — 211 Riverside continues to be a consistent source of referrals to TMRM's programs and services. - TMRMprograms — Other TMRMprograms, like the onsite medical clinic, will also be a good source of referrals. - Internet — Both OCRM and TMRM's websites (9,249 average hits per month) generate regular web traffic for those looking for help. — Local papers —The Press Enterprise and the Californian have both provided favorable news coverage of the Temecula Murrieta Rescue Mission and its programs) I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? The Temecula Murrieta Rescue Mission's collaborative nature has generated several streams of income and donations, including: - Food and clothing - $802,523 (Gift in Kind) 9 - Volunteer Labor - $287, 945 (In Kind Labor) - Direct donations - $103,560 - Orange County Rescue Mission leverage funds -$117,591 If funded through CDBG, the Temecula Murrieta Rescue Mission will leverage those funds with other private and public funders. V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: CATEGORY 1: Benefit to low -moderate income persons (must be documented). Please choose either subcategory A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT BG CT BG CT BG CT BG CT BG CT BG # Total population in Census Tract(s) / block group(s) # Total low -moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will provide documentation of their family size, income, and ethnicity. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low -moderate income persons. A large portion of the clients served by the Temecula Murrieta Rescue Mission are from the homeless unemployed population. Income verification, therefore, is not relevant to this demographic. TMRM staff will however, in compliance with CDBG guidelines, provide a Self -Certification for Public Service Agency Clientele form to each client participating in the CDBG funded Emergency Food Project and perform the one-time income verification of a 10% sampling as required. The Temecula Murrieta Rescue Mission will utilize an application service provider (ASP) database called Client Track for the purpose of tracking project clientele and demographics. Client Track is case management software which delivers a suite of online services including innovative tools for data research, simplified contract administration, and paperless record keeping—all as part of one simple, holistic, powerful program. Client Track is a flexible tool for the collection and management of client information. Already implemented at the Orange County Rescue Mission (and fully operational), it will be implemented at TMRM. The application has the capability to produce documents that are HMIS compatible such as demographic and income data. TMRM will use this tool to increase accountability, strengthen program design and increase efficiencies. 10 111 1 C. Clientele presumed to be principally low- and moderate -income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) ® Abused children ® Battered spouses ® Elderly persons ® Severely disabled adults ® I-Iomeless persons ® Illiterate adults ® Persons living with AIDS ® Migrant Farm workers Describe your clientele to be served by the activity. All clients served by the project will meet the low to moderate income qualification. There are various sub populations that may be include those who are homeless, poor, migrant workers, unemployed, domestic violence victims, single mothers with children, families and individuals. The following describes the demographics of the Temecula/Murrieta area in Southwest Riverside County that will be served by the Emergency Food Project. Demographic Data for Riverside County and Selected Cities -2008 11 Riverside County Murietta - City Temecula - City Demographics Total Population 2,107,653 100,714 102,604 % Male 50.0% 51.6 49.0% % Female 50.0% 48.4% 51.0% Median Age 31.4 32.3 31.1 White 42.7% 61.8% 63.6% Black or African Am. 6.0% 7.1% 2.1% Other 2.7% 2.6% 4.1% Asian/Pacific Islander 5.4% 7.9% 9.1% Hispanic (of any race) 43.2% 20.6% 21.1% Employment Status In labor force 921,300 27,400 36,800 Employed 793,000 24,900 33,300 Unemployed (2009) 13.9% 9.3% 9.6% % of Families Below Poverty All families 14.6% 2.9% 6.2% With related children under 18 19.9% 4.5% 5.5% With related children under 5 18.6% 4.0% 1.5% Families with female householder 29.0% 15.8% 15.7% With related children under 18 36.6% 21.9% 12.2% With related children under 5 42.3% 0.0% 12.2% 11 CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? Yes ❑ No If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label as Attachments: IV Category 2, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label as Attachments: V Category 3, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2011. If your proposed CDBG- funded activity will start on a date other than July 1, 2011, please indicate starting date. If these budget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: The Valley Senior Center is requesting funding of a new Senior Nutritional Program. The total cost of the program is $15, 000. A total of $10,000 in CDBG funds is being requested for operating expenses associated with the proposed activity. Other non-CDBG funding will be used to pay pick-up the remaining costs for the program). TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED I. Personnel A. Salaries & Wages $198,963 $6,375 B. Fringe Benefits $51,878 $1,125 C. Consultants & Contract Services $ $ 12 % of People below Poverty All people 17.9% 4.1% 7.2% Under 18 years 24.2% 4.8% 7.1% 18 years and over 15.1% 3.9% 7.2% 18 to 64% 15.7% 3.3% 6.9% Unrelated individuals 15 yrs + 33.6% 12.2% 21.0% CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? Yes ❑ No If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label as Attachments: IV Category 2, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label as Attachments: V Category 3, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2011. If your proposed CDBG- funded activity will start on a date other than July 1, 2011, please indicate starting date. If these budget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: The Valley Senior Center is requesting funding of a new Senior Nutritional Program. The total cost of the program is $15, 000. A total of $10,000 in CDBG funds is being requested for operating expenses associated with the proposed activity. Other non-CDBG funding will be used to pay pick-up the remaining costs for the program). TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED I. Personnel A. Salaries & Wages $198,963 $6,375 B. Fringe Benefits $51,878 $1,125 C. Consultants & Contract Services $ $ 12 SUB -TOTAL $250,841 $7,500 II. Non -Personnel A. Space Costs $ $ B. Rental, Lease or Purchase of Equipment $3,240 $ C. Consumable Supplies $1,200 $ D. Travel $7,200 $ E. Telephone $ $ F. Other Costs $54,081 $7,500 SUB -TOTAL: $65,721 $7,500 III. Architectural/Engineering Design IV. Acquisition of Real Property $ $ V. Construction/Rehabilitation $ $ VI. Indirect Costs $ $ TOTAL: $316,562 $15,000 B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI -A, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Funding Source Amount Requested Date Available Type of Commitment City of TemeculaCDBG $9,333 July 2010 One year See the Evidence of Commitment attachment for the signature page of the 2009 CDBG funding agreement. 13 1 C. Provide a summary by line item of your organization's previous year's income and expense statement (Attachment VI -B, Exhibits 1, 2, etc.). D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes ❑ No If yes, identify sources and indicate outcome. If no, please explain The Temecula Murrieta Rescue Mission applied for CDBG funding for the 2010-11 grant cycle, but was declined. E. Was this project previously funded with CDBG funds? Yes If yes, when? ANSWER: Yes, for the 2010-11 year, in the amount of $9,333. Is this activity a continuation of a previously funded (CDBG) project? Yes ® No ❑ No ❑ If yes, explain: ANSWER: Yes, this application reflects the continuation of the same project begun in 2009. VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source Activity Year Allocation Amount Expended GIK Emergency Needs Program 2010 $202,523 $202,523 Volunteer Labor Emergency Needs Program 2010 $227,945 $227,945 DirectMailDonations General Operations 2010 $103,560 $103,560 OrangeCounty Rescue Mission General Operations 2010 $117,591 $117,591 The Orange County Rescue Mission (parent organization for TMRM) successfully managed City of Santa Ana CDBG funds from 2005 to 2007, for the operation of a 14 Diabetic Treatment program. The program was operated out of the START DATE COMPLETION DATE Objective 1: Food Box Distr. July 1, 2011 Mission's community clinic. Objective 2: Case Management July 1, 2011 June 30, 2012 Objective 3: Awareness and access to TMRM resources The clinic no longer pursued the funding after relocating to June 30, 2012 Tustin, CA B. Management Systems Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? Personnel policies and procedures are included in the Employee Handbook Property management, record keeping, andfinancial management systems are defined in detail in the TMRMAccounting Policies and Procedures C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII -A, Exhibits 1, 2, etc.). D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE START DATE COMPLETION DATE Objective 1: Food Box Distr. July 1, 2011 June 30, 2012 Objective 2: Case Management July 1, 2011 June 30, 2012 Objective 3: Awareness and access to TMRM resources July 1, 2011 June 30, 2012 15 1 APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): The information contained in the project application is complete and accurate. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of Local, (NON-CDBG) financial support for community development activities. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. 5. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). DATE: )/-14-2-4(0 Signature: Authorized Representative: ‘M- V IA^" eAr"' Print Name/Title 16 Applicant's Check -list: The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE. Yes NO ATTACHMENT 1. Board of Directors 2. Articles of Incorporation and Bylaws 3. Project Activity Map n 4. Project Description N/A 5. Project Benefit, Category 2. Slum Blight Documentation N/A 6. Project Benefit, Category 3, Urgency ❑ 7. Leveraging Eg 0 8. Income and Expense Statement ❑ 9. Management Capacity O 10. Board Written Authorization approving submission of application 17 ATTACHMENTS City of Temecula Community Development Department Community Development Block Grant Application Current Board of Directors (Attachment I-A) TEMECULA MURRIETA RESCUE MISSION BOARD OF DIRECTORS NAME PROFESSIONAL & VOLUNTEER AFFILIATIONS -i Mr. Jim Palmer President Professional—President OCRM; Chairman of Orange County 1 lousing and Community Development; Commissioner of Orange County Housing Commission; Chairman of the Homeless Issues Continuum of Care Cabinet of Orange County; Co - Founder of the Foster Child Task Force; Chairman of the OC Partnership; Tustin City Council Member, Director, Board of the Corporation for National and Community Service. Volunteer—Member of the Homeland Security Advisory Council; Chairman of the Compassion Collaborative; Director of Security and Safety for Spirit West Coast Bart Hansen Chairman Professional—Real Estate Developer, Tustin, CA; Part Time Ransomed Heart, CO. Volunteer—Founding Member of HomeAid; Chairman of Elders Board; Board Member of the Lost Valley Ranch; Advisory Council of Center for Christian Leadership; Member of the Building Industry Association of Orange County Ms. Jewel Loff-Polk Chief _['withal Officer Professional— Vice President, Chase Bank, Irvine, CA. Volunteer—Board Members of the Santa Ana YWCA Treasurer of the Woodbridge Swim Team Dr. Malcolm Lewis, Vice Chairman Professional— President , CTG, Irvine, CA Volunteer— Harvey Mudd College Board of Trustees Dr. Ralph Duff Member Professional— California Employee Pharmacy Association, Board of Directors; CA Pharmacy State Association, Board Member Irvine, CA Volunteer— Camino Health Center, San Juan Capistrano; Sonlight Christian Church; President of the Executive Board; National Minority TV, Inc. Assistant Secretary; Smoketree Homeowners Association, Vice President; CA Bureau Pharmacy, Pharmacy Man Power Task Force Mr. Mark Conzelman Member Professional— Developer, of NIEUPOINTE Enterprises, Tustin, CA Volunteer—Think Together OC; Highland; Board Member of the Learning Center Dr. William Guard Member Professional— Dentist , Santa Ana, CA Volunteer—Mary's Shelter Board Member, St. Cecilia's Church, Tustin Volunteer Teacher, Nuns of the Christian Union Board Member Mr. Joe Oltmans Member Professional— President , Oltmans Construction Company, Whittier, CA Mr. Chris Ferebee Member Professional – Associate, Yates & Yates, LLP, Orange, CA; Board Member of Ethur, Board Member of Sunshine Ministries, member of the California State Bar and the Christian Legal Society. Dr. Steven Callahan Member Professional — Medical Director, Orange County Rescue Mission Health Care Services, Tustin, CA; Emergency Room Director, Hoag Memorial Presbyterian Hospital, Newport Beach, CA; Society of Orange County Emergency Physicians; Orange County Medical Association; American College of Emergency Physicians Note: All Board Members can be contacted via: The Orange County Rescue Mission, One Hope Drive, Tustin, CA 92782. One Hope Drive, Tustin, CA 92782 (714) 247-4300 Articles of Incorporation And Bylaws (Attachment I-B) i .11 44412 State of California Secretary of State 1, DEBRA BOWEN, Secretary of State of the State of California, hereby certify: That the attached transcript of page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. Sec./State Form CE -107 (REV 1/2007) IN WITNESS WHEREOF, 1 execute this certificate and affix the Great Seal of the State of California this day of APR 08 MG DEBRA BOWEN Secretary of State OSPO6 99734 J I `1 tl tl IL ENDORSED - FILED In the office of the Secretary of State of the State of California ARTICLES OF INCORPOR:1I'1ON OF TEMIECUI,A MURRIETA RESCUE MISSION, INC. ARTICLENAME I APR 0 3 2009 1.1 The name of this Corporation is TEMECUUL.A Mt, RRIETA RESCUE MISSION, INC. ARTICLE II PURPosfr;s ANO POWERS 2.1 Statutory Purpose. This Corporation is a religious corporation and is not organized for the private gain of any person. It is organized under the Non-profit Religious Corporation Law exclusively for religious purposes. 2.2 Specific Ministry Purposes. 2.2.1 The specific purpose for this Corporation is to operate as a non- denominational Christian ministry established to help provide for the basic physical and emotional needs of the least, the last and the lost and to promote an awareness in those people of the need for a personal relationship with Jesus Christ and a dependence upon Him as the essential source of strength, wisdom, understanding and ability for them to deal with all of their needs and problems in life. 2.2.2 The intent of those who will conduct this Corporation's work is to present the person of the Lord Jesus Christ, as revealed in the Bible, God's inerrant written Word, and the Holy Spirit, as the only true source and means of forgiveness of sin, freedom from guilt, and realization and fulfillment of all of men's and women's basic needs and desires. 2.3 General Ministry Purposes. The general purposes and powers for which this Corporation is formed are as follows: 2,3.1 To receive gifts, offerings, bequests, legacies, devices, inheritances, and tithes or money and other property in kind, including but not limited to livestock, securities, produce, foodstuffs, minerals, petroleum products, leases, and all other forms of real and personal property whether tangible or intangible: to hold, manage, invest and sell such property for the sole purposes of promoting, furthering, and disseminating the Gospel of the Lord Jesus Christ: to disburse and distribute money and other property for the same purposes, directly or through other carefully selected Christian organizations which are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code; -1- • 2.3.2 To perpetually protect this Corporation in its ownership and control of its property; i 2.3.3 To act as Trustee under any trust incidental to the principal objectives of this Corporation and to receive, hold, administer, and expend funds and property subject to such trust; 2.3.4 'Co solicit, collect, receive, acquire, hold, and invest money and property, both real and personal, including money and property received by gift, contribution, bequest, or devise; to sell and convert property, both real and personal, into cash; and to use the funds of this Corporation and the proceeds, income, rents, issued and profits derived from any property of this corporation for any of the purposes for which this Corporation is formed; 2.3.5 To purchase, acquire, own, hold, sell, assigi, transfer, dispose of, mortgage, pledge, hypothecate, or encumber, and to deal in shares, bonds, notes, debentures, or other securities or evidences of indebtedness of any person, firm, corporation, or association and, while the owner or holder of them, to exercise all rights, and privileges of ownership; 2.3.6 To purchase or acquire, own, hold, use, lease (either as Lessor or Lessee), sell, exchange, assign, convey, dispose of, mortgage, hypothecate, or encumber real and personal property; 2.3.7 To borrow money, incur indebtedness and to secure repayment by mortgage, pledge, deed of trust or other hypothecation of property, both real and personal; 2.3.8 To enter into, make, perform, and carry out contracts of every kind for any lawful purpose without limit on amount with any person, firm, association or corporation, municipality, county, parish, state, territory, government (foreign and domestic), or other municipal or governmental subdivision; and 2.3.9. To do all things necessary, expedient, or appropriatc to the accomplishment of any of the objects and purposes for which this Corporation is formed. 2.4 No substantial part of the activities of this Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate or intervene in any political campaign (including the publishing or distributing of statements) on behalf of or in opposition to any candidate for public office. 2.5 This Corporation is organized exclusively for religious purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986. 2.6 Notwithstanding any other provision of these articles, the Corporation shall not carry on any other activities not permitted to be carried on (i) by a corporation exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or (ii) by a • i corporation contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue I.aw). ARTICLE III INITIAL AGENT FOR PROCESS 3.1 The name and address in the State of California of this Corporation's initial al;cnt for service of process is: Jim Palmer One Hope Drive Tustin, California 92782 ARTICLE IV MEMBERSHIP 4.1 This Corporation shall have no members. ARTICLE V OPER.1 TION AND DISSOLUTION 5.1 Non -Profit Operation. This Corporation is not organized, nor shall it be operatcd, for pecuniary gain or profit of any individual, and it docs not contemplate the distribution of gains, profits or dividends to any members, directors or officers, but it is organized and is to be operated solely for non-profit purposes. Therefore, this Corporation shall not (i) operate for the primary purpose of carrying on a trade or business for profit, (ii) engage in any prohibited transaction as described in Section 503 of the Internal Revenue Code of 1986, or (iii) accumulate income, invest income, or divert income in a manner endangering its exempt status by virtue of Sections 504 and 4940 through and including 4945 of the Internal Revenue Code of 1986. 5.2 Irrevocable Dedication. The property, assets, profits, and net income of this Corporation are irrevocably dedicated to religious and charitable purposes, and no part of the profits or net income of this Corporation shall ever inure to the benefit of any director, officer or member hereof, or to the benefit of any private shareholder or individual. 5.3 Distribution of Assets on Dissolution. Upon the dissolution or winding up of this Corporation, its assets retraining after payment of, or provision for payment of, all debts and liabilities of this Corporation shall be distributed to a non-profit fund, foundation or corporation, which is organized and operated exclusively for religious or charitable purposes and which has established its tax exempt status under Section 501(c)(3) of the Internal Revenue Code. -3- 5.4 Distribution of Assets Held In Trust. If this Corporation holds any assets in trust, such assets shall be disposed of in such manner as may be directed by decree of the superior court of the county in which this Corporation then maintains its principal office. upon petition therefor by the California Attorney Cieneral or by any person concerned in the liquidation of this Corporation. Lv WITNESS WHEREOF, the undersigned, belly the incorporator of this Corporation. has executed these :%12TIcLFS OF 1NcoRPoRATION this 5 day of pri 1 2009. Christop 6r A. Ferebee, Incorporator -1- 110703937 State of California Secretary of State I, DEBRA BOWEN, Secretary of State of the State of California, hereby certify: That the attached transcript of / page(s) is a full, true and correct copy of the original record in the custody of this office. Sec/State Form CE -109 (REV 01/2009) IN WITNESS WHEREOF, i execute this certificate and affix the Great Seal of the State of California this day of JUN 7 2010 DEBRA BOWEN Secretary of State OSP 09113643 A0703937 CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION ENDORSED d FILED in the office of the Secretary of State of the State of California APR 5 2010 The undersigned certify that: 1. They are the president and the secretary, respectively, of TEMECULA MURRIETA RESCUE MISSION, INC., a California nonprofit religious corporation. 2. ARTICLE ONE of the Articles of Incorporation of this corporation is amended to read as follows: The name of this corporation is INLAND EMPIRE RESCUE MISSION, INC. 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4. The corporation has no members. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: March 17, 2010 Christopher Ferebee, Secretary Attachment VI -A: Current Evidence of Commitment 5. ASSIGNMENT OF AGREEMENT: This Agreement may not be assigned in whole, or in part, without the written consent of the parties. 6. TERM OF AGREEMENT: This Agreement shall terminate on June 30, 2011. 7. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by written agreement signed by all parties. 8. The Organization shall abide by all of the terms and conditions of this Agreement and the Cooperation Agreement executed between the County of Riverside and the City of Temecula, which governs the use of CDBG funds. The Organization shall keep itself informed of all applicable State, Federal, and local laws and regulations, and the conditions of the CDBG grant to the County and the City. The Organization shall at all times observe and comply with all such laws, regulations, and conditions. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. CITY OF TEMECULA TEMECULA MURRIETA RESCUE MISSION By: I /f Ce: c'4 By: i // If Genie Roberts Authorized Director of Finance Print Name: PA -V I P Project Activity Map (Map of Proposed Project Location And Service Area) COUNTY OF RIVERSIDE Supervisoral District 3 hoa. MOM.m*i MI \ BEAUMONT I If _....., .._ _ _ ` CATHEDRAL AP. "tour ` . - .-`.-`--- ......' .J • \ SAN JACINi'O\� `� PALM SPRINGS ..-._._ _ _r .....,--hI _ L - I ° it1' • I. .,..... RANCHOMAIM •.__ i w j CANYON -LAME MLNIFLE - .'- / LANE ELSINORE• •••••,'+ ,WILDOMAR /) —_ , J1 !' i-5 ]1 Ifl • ® I % \, _ Pte. Ii= �✓-"• ..... _._ l TEMLCULA \. / ._._ ..... ' — - e Ilan J r001•1. Project Description Project Description The Emergency Food Project (EFP) addresses the escalating issue of hunger in Riverside County as a result of the surge in unemployment over the last two years. The Emergency Food Project provides a bi-weekly food box distribution program based out of its headquarters in Temecula, CA. This program provides low income and homeless clients with much needed emergency food staples, as well as educate them about the internal services offered by the Temecula/Murrieta Rescue Mission (TMRM) and other community-based services. Every emergency food box consists of the same shelf stable food items. The 25 pound emergency food box is designed to feed a family of four for about a week and will consist of non-perishable items such as; Macaroni and Cheese, Pasta, Spaghetti Sauce, Pinto Beans, Rice, Cereal, Tuna, Peanut Butter, Green Beans, Beef Stew and Peaches. The Temecula/Murrieta Rescue Mission (TMRM) currently provides over 600 food boxes monthly. Each box of food is intended to provide food for a family of four for a week and the project is estimated to impact 2,400 duplicated individuals annually across the southwest portion of Riverside County. Food boxes are delivered onsite, as well as through distribution sites such as those listed below. A Care Coordinator provides front end direct service and is responsible for information and referral and care coordination activities with participants in the program. The Care Coordinator engages with the client in a two step process utilizing an initial intake screening to determine additional needs and providing a point of entry into TMRM internal programs and resources or to community-based services through referrals and linkage. Partner agencies (food box distribution sites) include: • Temecula Community Pantry • Calvary Chapel Murrieta Church • Murrieta United Methodist Church • St. Catherine's Catholic Church • St. Martha's Catholic Church (Murrieta Food Pantry) • Grace AME Church • Mountain View Community Church • Sunrise Christian Fellowship • Tom's Oasis Food Box Distribution Day Homeless man transformed with a helping hand{ Carl Love{ Columns 1 PE.com 1 Souther... Page 1 of 2 Homeless man transformed with a helping hand 10:00 PM PDT on Saturday, June 26, 2010 By CARL. LOVE Special to The Press -Enterprise The first thing I notice about Kevin Cambron is how much happier he looks. Having a place to call home will do that for a person. Cambron and I met on a rainy night in February at a temporary shelter at Temecula's Mountain View Community Church. Stor) amtinue. below Frank Bcllino/Special to The Preaa•F derprise Kevin Conthrorr, In.Is n homorhumekss person oho now helps the nml)y by distributing foal in the parking Int of the Rancho Community Church on Walnrsrlay. He had been homeless about two weeks, a victim of that pathetic thing we call our economy. Cambron was dealing with something else pathetic, the lack of a permanent shelter in southwest Riverside County. No wonder he looked so bummed. "I was done," he says of his mood that bordered on suicidal. "I was finished. I didn't care about anything." He is all smiles now when we meet again last week at a Temecula warehouse that stores food for the needy. He and 25 other busy people are boxing up supplies that are distributed weekly. Now he shares a condo north of Temecula in Winchester, paid for by Rancho Community Church. He lives with Bud Lorance, outreach and care coordinator for the Temecula -Murrieta Rescue Mission, part of an Orange County charity. In exchange for the room and board, he works three days a week, one at the warehouse, another at Rancho Community where the food is distributed, and a third at a Rainbow farm where much of it is grown. It's hard work, especially at the farm. Yet he says he gets so much out of it. "I have the joy of knowing that this food is going to help people survive. It wasn't too very long ago that I was on the streets. I can appreciate it." Cambron is a success story amid the frustration many feel about not having a shelter locally. Sure, I know many of you with a home believe some homeless people choose to live that way. But for those who don't -- and you're kidding yourself if you don't think there are some in this economy -- it's reassuring to hear Cambron got help. a,ntintax leln,v http://www.pe.com/columns/carllove/stories/PE News Local_S_slove27.1a73b5e.html 11/3/2010 Homeless man transformed with a helping handl Carl Love 1 Columns 1 PE.com l Souther... Page 2 of 2 K0110 CJIIIIIN011. 1 hint, the joy of Min ion Uut this fond f> I oInr h> Ldp r':opk vun;,i. 11 won't ux, wry long ago that 1 ,ma mr the %mets. 1 cin •PPrcdnIo He's 42, he worked for years for the IRS, and so he knows what it's like to be "a productive member of society," as we love to call folks who are out there working hard, paying taxes, and not being a burden to the rest of us, another cliche we love to use in these matters. Yet if it can happen to a smart and hard-working guy such as Cambron, you start to wonder who's next. His last job was working in sales with an energy drink company but when the sales tanked, so did his job. During the winter storms he ended up at temporary shelters at two local churches -- Mountain View went so far as to call its temporary shelter a 30 -hour revival in order to not run afoul of bureaucratic rules -- before the wonderful local nonprofit group Project TOUCH put him up in a hotel. Then he landed his condo. He's looking everywhere for a job because he says he wants to "pay my own way," another familiar phrase in this code dialect we use to talk about the needy. "It's killing me," he says of this point in his life. "I'm dying. I want to be able to buy my own shoes." And shelter and food and everything else that gives us a sense of self-worth that we can provide for ourselves without the help of others. He so appreciates what Lorance and David Jones, director of the local mission, have done for him. "The people here love me," he says. "I've never had that." And it's clear he loves what he's doing as he rides around in a forklift loading boxes of supplies and exchanging greetings with the other regular volunteers. He looks like a person transformed from his winter of despair. We should all feel better knowing that if the same thing were to happen us, there's hope. Reach Carl Love at carllove4@yahoo.com http://www.pe.com/columns/carllove/stories/PE_News_Local_S_slove27.1 a73b5e.html 11/3/2010 Leveraging (Attachment VI -A: Current Evidence of Commitment) 5. ASSIGNMENT OF AGREEMENT: This Agreement may not be assigned in whole, or in part, without the written consent of the parties. 6. TERM OF AGREEMENT: This Agreement shall terminate on June 30, 2011. 7. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by written agreement signed by all parties. 8. The Organization shall abide by all of the terms and conditions of this Agreement and the Cooperation Agreement executed between the County of Riverside and the City of Temecula, which governs the use of CDBG funds. The Organization shall keep itself informed of all applicable State, Federal, and local laws and regulations, and the conditions of the CDBG grant to the County and the City. The Organization shall at all times observe and comply with all such laws, regulations, and conditions. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. CITY OF TEMECULA By: TEMECULA MURRIETA RESCUE MISSION By: ,/ CJl� , /M Authorized Print Name: PAN ID \30ko Income and Expense (Attachment VI -B: Previous Year's Income And Expense Statement) ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION YEARS ENDED SEPTEMBER 30, 2009 AND 2008 'I'ABI,E OF CONTENTS independent Auditor's Report Consolidated Financial Statements Consolidated Statements of Financial Position Consolidated Statements of Activities Consolidated Statements of Cash Flows Notes to Consolidated Financial Statements Supplementary Information Schedules of Functional Expenses 2 3 4 7 14 SIT Cangelosi & Holmes, Inc. Certified Public Accountants INDEPENDENT AUDITOR'S REPORT To The Board of Directors Orange County Rescue Mission, Inc. Tustin, California We have audited the accompanying consolidated statements of financial position of Orange County Rescue Mission, Inc. and Subsidiaries as of September 30, 2009 and 2008, and the related consolidated statements of activities and cash flows for the years then ended. These consolidated financial statements are the responsibility of the organization's management. Our responsibility is to express an opinion on these consolidated financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of Orange County Rescue Mission, Inc. and Subsidiaries, as of September 30, 2009 and 2008, and the changes in their net assets and their cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. Our audits were conducted for the purpose of forming an opinion on the basic consolidated financial statements taken as a whole. The Schedules of Functional Expenses are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. January 11, 2010 tAls4ft.e., . 17702 Irvine Boulevard, Suite 2000 Tustin, California 92780-3238 TEL (714) 832-9832• FAX (714) 832-4727 ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF FINANCIAL POSITION SEPTEMBER 30, 2009 AND 2008 2009 2008 ASSETS Cash and cash equivalents $ 2,313,020 $ 1,455,299 Inventory -gifts -in-kind 291,162 300,021 Inventory -medications 102,423 168,592 Contributions and grants receivable 249,013 720,157 Accounts receivable, net of allowance for doubtful accounts 38,137 27,220 Prepaid expenses 179,632 296,854 Deposits 4,685 3,090 Land, buildings and equipment 42,876,912 43,113,814 Total assets $ 46,054,984 $ 46,085,047 LIABILITIES AND NET ASSETS Accounts payable $ 230,459 $ 344,248 Accrued expenses 249,291 235,096 Deferred revenue 50,000 0 Security deposits held 3,055 3,055 Long-term debt 3,117,268 3,169,025 Total liabilities 3,650,073 3,751,424 Net assets Unrestricted 42,404,911 42,333,623 Total net assets 42,404,911 42,333,623 Total liabilities and net assets S 46,054,984 $ 46,085,047 See accompanying notes to financial statements - 3 - ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF ACTIVITIES FOR THE YEARS ENDED SEPTEMBER 30, 2009 AND 2008 2009 2008 CHANGES IN UNRESTRICTED NET ASSETS Support and Revenue Contributions and grants $ 8,769,467 $ 7,712,749 In-kind contributions 5,451,258 5,386,778 Program services 542,806 419,995 Investment income 12,671 15,145 Other 88,536 56,302 Gain on sale of property 0 1,436,274 Net assets released from restrictions Satisfaction of program restrictions Total unrestricted support and revenue 14,864,738 15,027,243 0 23,750,241 14,864,738 38,777,484 Expenses Program services 12,033,070 10,582,829 Management and general 1,081,884 1,445,113 Fund-raising 1,678,496 1,625,962 Total expenses 14,793,450 13,653,904 Increase in unrestricted net assets 71,288 25,123,580 CHANGES IN TEMPORARILY RESTRICTED NET ASSETS Contributions 0 3,027,220 In-kind contributions 0 13,269,538 Net assets released from restrictions 0 (23,750,241) Decrease in temporarily restricted net assets 0 (7,453,483) Increase in net assets 71,288 17,670,097 Net assets at beginning of year 42,333,623 24,663,526 Net assets at end of year $ 42,404,911 $ 42,333,623 See accompanying notes to financial statements -4- ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED SEPTEMBER 30, 2009 AND 2008 CASH FLOWS FROM OPERATING ACTIVITIES Increase in net assets Adjustments to reconcile change in net assets to net cash provided by operating activities: Depreciation Gain on sale of property Net (increase) decrease in gift -in-kind inventory Donated real property Donated goods and services provided Donated goods and services expensed Noncash income from amortization of long-term debt Noncash expense from accrual of long-term debt interest (Increase) decreases in operating assets: Contributions, grants and accounts receivable Prepaid expenses Deposits Increase (decrease) in operating liabilities: Accounts payable and accrued expenses Deferred revenue Net cash provided by operating activities CASH FLOWS FROM INVESTING ACTIVITIES Acquisitions of property and equipment Sale of property Net cash used by investing activities 2009 2008 $ 71,288 $ 17,670,097 1,036,771 0 75,028 0 (5,377,558) 5,377,558 (82,333) 30,576 460,226 117,223 (1,595) (99,595) 50,000 1,657,589 880,391 (1,436,273) (439,624) (12,750,000) (14,171,566) 5,111,571 (8,382) 29,564 7,557,189 73,846 0 (318,002) 0 2,198,811 (799,868) (4,661,213) 0 1,600,000 (799,868) (3,061,213) See accompanying notes to financial statements -5- ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARY CONSOLIDATED STATEMENTS OF CASH FLOWS (CONTINUED) FOR THE YEARS ENDED SEPTEMBER 30, 2009 AND 2008 2009 2008 CASH FLOWS FROM FINANCING ACTIVITIES Proceeds from long-term debt $ 0 $ 1,525,000 Net cash provided by financing activities 0 1,525,000 Net increase in cash and cash equivalents 857,721 662,598 Cash and cash equivalents at beginning of year 1,455,299 792,701 Cash and cash equivalents at end of year $ 2,313,020 $ 1,455,299 Supplemental Disclosures Donated goods capitalized $ 0 $ 21,809,995 See accompanying notes to financial statements -6- ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2009 AND 2008 Note 1 - Nature of Activities and Summary of Significant Accounting Policies Nature of activities Orange County Rescue Mission, Inc. (the Organization) was formed to provide emergency and transitional care of homeless individuals and families. This care encompasses housing, food, counseling, healthcare, job training, personal development, education and independent living. The Organization was incorporated as a nonprofit organization under the laws of the State of California on April 21, 1965. Operations and activities prior to that date have been accounted for as if such operations and activities were those of the incorporated organization. Basis of presentation The financial statements of the Organization have been prepared on the accrual basis of accounting. Revenue is recognized when earned and expenses are recognized when incurred. Under generally accepted accounting principles, the Organization is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted, temporarily restricted and permanently restricted. Principles of consolidation The consolidated financial statements include the accounts of the Organization and Hurtt Family Health Clinic , Inc. (HFHC) and Temecula Murrieta Rescue Mission (TMRM). HFHC and TMRM are consolidated since the Organization has both an economic interest in and control of HFHC and TMRM through the same governing board. All material interorganization transactions have been eliminated. Accounting for contributions Contributions received are recorded as increases in unrestricted, temporarily restricted, or permanently restricted net assets, depending on the existence and/or nature of any donor restrictions. Unrestricted contributions are recognized as an increase in unrestricted net assets when received. Contributions restricted by the donors are reported as increases in temporarily or permanently restricted net assets, depending on the nature of the donor -imposed restriction. When restrictions are satisfied, either by the passage of time or by accomplishing the purpose, the temporarily restricted net assets are reclassified to unrestricted net assets and reported in the activity statement as net assets released from restrictions. When restrictions are satisfied in the same accounting period as the receipt of the contribution, the Organization reports both the revenue and the related expense in the unrestricted net asset class. -7- ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2009 AND 2008 Note 1 - Summary of Significant Accounting Policies (Continued) Accounting for contributions (continued) The Organization uses the allowance method to determine uncollectible unconditional contributions receivable. The allowance is based on prior year's experience and management's analysis of specific promises made. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Investments Investments in marketable securities with readily determinable fair values and all investments in debt securities are valued at their fair values in the statement of financial position. Unrealized gains and losses are included in the change in net assets. Fair value measurements Effective July 1, 2008, the Organization adopted Statement of Financial Accounting Standards No. 157, Fair Value Measurements (SFAS 157), which provides a framework for measuring fair value under generally accepted accounting principles (GAAP). SFAS 157 defines fair value as the exchange price that would be received for an asset or paid to transfer a liability (an exit price) in the principal, or most advantageous market for the asset or liability in an orderly transaction between market participants on the measurement date. SFAS 157 requires that valuation techniques maximize the use of observable inputs and minimize the use of unobservable inputs. SFAS 157 also establishes a fair value hierarchy, which prioritizes the valuation inputs into three broad levels. These three general valuation techniques that may be used to measure fair value are as follows: Market approach (Level 1) - which uses prices and other relevant information generated by market transactions involving identical or comparable assets or liabilities. Prices may be indicated by pricing guides, sale transactions, market trades, or other sources; Cost approach (Level 2) - which is based on the amount that currently would be required to replace the service capacity of an asset (replacement cost); and Income approach (Level 3) - which uses valuation techniques to convert future amounts (including present value techniques, and option -pricing models). Net present value is an income approach where a stream of expected cash flows is discounted at an appropriate market interest rate. -8- ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2009 AND 2008 Note 1 - Summary of Significant Accounting Policies (Continued) Donated goods and gift -in-kind inventory Material gifts -in-kind items used in the Organization's programs and donated goods distributed are recorded as income and expense at the time the items are received, which is normally also the time they are placed into service or distributed. Gift in-kind inventory consists of donated goods used in the operation of the Organization's programs. The inventory is recorded at its fair value at the date of donation. A physical count of items on hand at the end of the year is included in inventory. Donated services Contributed services are a significant part of the Organization's operations and are reported as contributions at their fair value if such services create or enhance non-financial assets or would have been purchased if not provided by donation, require specialized skills, and are provided by individuals possessing such specialized skills. Such items are capitalized or charged to operations as appropriate. Management has estimated the fair value of recognized services for the years ended September 30, 2009 and 2008 at $1,972,706 and $2,684,425, respectively. In addition to the specialized donated services, the Organization tracks the significant investment of time by the thousands of other volunteers and program participants. If not for these volunteer hours, the Organization would have been required to purchase equivalent services. Management has estimated the value of such services for the years ended September 30, 2009 and 2008 at $2,115,998 and $560,000, respectively. The value of these volunteer hours was established based upon the type of volunteer time and the hourly value of such time as determined by the US Department of Labor and is summarized as follows: 2009 Board of directors $ 127,310 Animal husbandry 362,059 Apartment maintenance 152,816 Commercial building services 402,391 Warehouse receiving and sorting 464,667 Office admin and technology 220,044 Child care assistance 386,711 $ 2.115,998 -9- ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2009 AND 2008 Note 1 - Summary of Significant Accounting Policies (Continued) Medications inventory Medications inventory consists of purchased and donated medications used in the operation of the Organization's programs. The inventory is stated at cost if purchased or recorded at its fair value at the date of donation. Property and equipment Donations of property and equipment are recorded as support at their estimated fair value. Such donations are reported as unrestricted support unless the donor has restricted the donated asset to a specific purpose or stipulated how long the assets must be used. Assets donated with explicit restrictions regarding their use and contributions of cash that must be used to acquire property and equipment are reported as restricted support. Absent donor stipulations regarding how long those donated assets must be maintained, the Organization reports expirations of donor restrictions when the donated or acquired assets are placed in service as instructed by the donor. The Organization reclassifies temporarily restricted net assets to unrestricted net assets at that time. Property and equipment are depreciated using the straight-line and declining balance methods. Cash and Cash Equivalents For the purposes of the statement of cash flows, the Organization considers all unrestricted highly liquid investments with an initial maturity of three months or less to be cash equivalents Advertising The Organization expenses advertising costs as they are incurred. Advertising costs for the year ended September 30, 2009 and 2008 were minimal. Income tax status The Organization is a not-for-profit organization that is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code. Functional allocation of expenses The costs of providing the various programs and other activities have been summarized on a functional basis on the statement of activities. Accordingly, certain costs have been allocated among the programs and supporting services benefited. - 10 - ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2009 AND 2008 Note 2 - Contributions and Grants Receivable Unconditional promises to give that are expected to be collected within one year are recorded at net realizable value. Unconditional promises to give that are expected to be collected in future years are recorded at the present value of their estimated future cash flows. The discounts on those amounts are computed using risk-free interest rates applicable to the years in which the promises are received. Conditional promises to give are not included as support until the conditions are substantially met. Contributions and grants receivable included in the statement of financial position are expected to be collected in less than one year. Note 3 - Land, Buildings and Equipment Land, buildings and equipment consist of the following: 2009 2008 Land and buildings $ 43,367,140 $ 42,934,341 Equipment and furniture 1,709,609 1,504,002 Artwork 1,399,224 1,399,224 Vehicles 829,320 667,856 Less accumulated depreciation 47,305,293 46,505,423 4,428,381 3,391,609 $ 42,876,912 $ 43,113,814 Depreciation expense totals $1,036,771 and $880,391 for the fiscal years ended September 30, 2009 and 2008, respectively, and has been allocated in the functional expense schedule. - 11 - ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2009 AND 2008 Note 4 - Long-term Debt Subject to Forgiveness The Organization has a 3% promissory note due in 2053 to the County of Orange, a political subdivision of the State of California and payable in annual installments of $32,647. It is secured by a Deed of Trust on the property known as Hope Family Housing -El Modena. The Organization is not obliged to make payments during the term of this note, provided the property is used exclusively for the purpose of the program which is transitional housing as defined in the loan agreement. Each year that the property is used for the intended exempt purpose the principal and interest for that year is forgiven and recognized as an in-kind contribution. Management is not aware of any violations of the agreement. The Organization has a 3% promissory note due in 2062 to the Community Redevelopment Agency of the City of Buena Park and payable in annual interest -only installments of $24,000. It is secured by a Deed of Trust on the property known as Hope Family Housing -Buena Park. The Organization is not obliged to make payments of principal or interest during the term of this note, provided the property is used exclusively for the purpose of the program which is transitional housing as defined in the loan agreement. Interest will continue to accrue and be expensed each year until the due date. Upon maturity of the note and after using the property for its intended exempt purpose, the total due will be forgiven and recognized as an in-kind contribution. Management is not aware of any violations of the agreement. The Organization has an interest-free promissory note due in 2038 with the Children and Families Commission of Orange County (Prop 10), a political subdivision of the State of California. It is secured by a Deed of Trust on the property known as Hope Family Housing -Buena Park. The Organization is not obliged to make principal or interest payments during the term of this note, provided the property is used exclusively for the purpose of the program which is transitional housing for families with children ages 0-5 as defined in the loan agreement. On a monthly basis, a credit is applied based on the number of units occupied by families with children ages 0-5 and this amount decreases the principal balance on an annual basis and is recognized as an in-kind contribution. Management is not aware of any violations of the agreement. At September 30, the outstanding principal balances, and accrued interest, if applicable, of the above notes with future scheduled maturities of more than five years are as follows: 2009 2008 Hope Family Housing El Modena — County of Orange $ 791,828 $ 800,462 Hope Family Housing Buena Park— Buena Park 1,099,140 1,068,563 Hope Family Housing Buena Park— Prop 10 1,226,300 1,300,000 $ 3.117,268 $ 3,169.025 -12- ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2009 AND 2008 Note 5 - Concentration of Credit Risk The Organization maintains its cash balances with various banks. The balances are insured by the Federal Deposit Insurance Corporation up to $250,000. At September 30, 2009 and 2008, the uninsured cash balance was $895 and $275,519 respectively. Note 6 - Employee Benefit Plan The Organization maintains a tax-deferred annuity plan qualified under Section 403(b) of the Internal Revenue Code. The plan covers all full-time employees of the Organization. Employees may make contributions to the plan, beginning in the calendar year following the employee's first anniversary, up to the maximum amount allowed by the Internal Revenue Code. The Organization contributes 50% of the eligible employee's contribution. The Organization also maintains a tax-deferred annuity plan qualified under Section 457 of the Internal Revenue Code. The plan covers all full-time employee directors of the Organization. These employees may make contributions to the plan, beginning in the calendar year following the employee's first anniversary, up to the maximum amount allowed by the Internal Revenue Code. The Organization contributes 50% of the eligible employees' contribution. Pension expense amounted to $48,585 and $68,375 for the years ended September 30, 2009 and 2008, respectively. Note 7 — Related Party Transactions Donations in the amount of $37,103 and $191,410 were received for unrestricted purposes from various members of the Organization's board of directors during the years ended September 30, 2009 and 2008, respectively. - 13 - ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARIES SCHEDULE OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED SEPTEMBER 30, 2009 Compensation and related expenses Direct assistance Direct marketing Public education Information technologies Professional fees Human resources and insurance Utilities and maintenance Depreciation Vehicles Supplies Dues, subscriptions and Irainin�g Other Interest Program Services $ 3,361,891 6,446,331 142,277 153,767 595,313 995,300 100,810 143,762 40,287 Management and General Fund-raising Total $ 526,251 $ 452,753 $ 4,340,895 6,446,331 471,543 471,543 305,779 708,717 1,014,496 17,351 13,879 173,507 126,408 126,408 4,805 1,602 160,174 18,603 6,202 620,118 31,103 10,368 1,036,771 1,919 43 102,772 36,333 12,414 192,509 18,100 420 58,807 18,543 18,543 30,576 30,576 $ 11,979,738 $ 1,135,771 $ 1,677,941 $ 14,793,450 81.0% 7.7% 11.3% See accompanying notes to financial statements - 14- 100.0"A) ORANGE COUNTY RESCUE MISSION, INC. AND SUBSIDIARY SCHEDULE OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED SEPTEMBER 30, 2008 Compensation and related expenses Direct assistance Direct marketing Public education Information technologies Professional fees Rent Human resources and insurance Utilities and maintenance Depreciation Vehicles Supplies Dues, subscriptions and training Other Bad debts Interest Program Services $ 2,694,838 6,002,520 127,384 44,318 130,444 551,986 845,175 82,891 96,226 7,047 Management and General Fund-raising Total $ 809,131 $ 352,981 $ 3,856,950 6,002,520 498,949 498,949 323,010 722,703 1,045,713 3,981 1,326 132,691 55,556 2,607 58,163 5,214 20,498 70,030 35,406 5,750 171,600 17,250 8,804 578,040 26,412 220 871,807 1,053 11,017 94,961 32,777 1,107 130,110 17,565 24,612 4,400 4,400 83,794 83,794 29,564 29,564 $ 10,582,829 $ 1,445,113 $ 1,625,962 $ 13,653,904 77.5% 10.6% 11.9% See accompanying notes to financial statements - 15 - 100.0% Management Capacity (Attachment VII -A: Staff Qualifications and Organizational Chart) DAVID C. JONES 38313 Placer Creek St. Murrieta, CA 92562 951304-1218 jannandd@verizon.net DIRECTOR, TEMECULA MURRIETA RESCUE MISSION PROFILE: A Christ centered heart for service. Retail management experience. Former Owner /General Manager The Valley Gourmet Cafe & Catering Licensed California Realtor University Food Service Director, Interim Executive Director, Foundation for the CSUSB Proven strong leadership and teamwork skills with multiple departments exceeding 700 employees. Outstanding communication skills with a proven track record exceeding customer satisfaction. Fiscal responsibility for operations of $ 33M/annually and asset management of $44M. EXPERIENCE: FRESH AND EASY Store Manager 9/2008 - 3/2009 Responsible for managing all aspects of store operations including financial accountability, ordering, hiring, training and all typical duties. VALLEY GOURMET CATERING & CAFE 2003 -12/2008 Owner/ General Manager Full Operational accountability including: P+L. Training, Inventory Control, Sales, Production, Marketing, Staffing, Licensing, Accounting, Asset Management, Cash Handling and Customer Service Accomplishments: Increased Cafe sales by 40% in first year of operation in a declining market economy. Developed new Cafe and Catering menu. Personally orchestrated the acquisition of multiple corporate catering accounts. Improved service time, product quality and exceeded customer service goals from past ownership. TARBELL REALTORS / FIELDSTONE COMMUNITIES Licensed CA Realtor Resale and New Home Sales Salesman of the Month August, 2006 10/2003-10/2006 FOUNDATION FOR THE CSUSB CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO Director of Dining Services Associate Executive Director - Commercial Services Interim Executive Director, Foundation for the CSUSB Responsible for the financial performance and administrative operations. Departmental Oversight of Commercial Operations: Food + Beverage, Catering, Concessions, Vending, Book Store, Copy and Printing services, Child Care Center. Fundraising, Grants + Contracts, Business Development, Investment Management, Human Resources, Accounting, Project Management. 700 employees and annual sales exceeding $ 33 M. 11/96 — 9/2003 ARAMARK — CHAPMAN UNIVERSITY Director- Catering and Residential Dining AZTEC SHOPS Ltd. — SAN DIEGO STATE UNIVERSITY Manager — Residential Dining, Catering, West End Plaza, Faculty Staff Centre, Cash Operations, Football Training Table and Outdoor Amphitheater ( OAT) concert venue. THE CALIFORNIA GROUP Staff Member Director Proposition 35- Balanced Budget Initiative Fundraising, Event Planning, Phone Banks, Reagan -Bush Presidential Campaign SEA WORLD INC. — SAN DIEGO , CA Manager — Food Service, Catering, Concessions, QSR's. EDUCATION: B.A. Political Science San Diego State University. San Diego, California Undergraduate Studies University of California, San Diego CMP Certification- Certified Meeting/Special Event Planner SDSU Extended Studies San Diego Community College Chef Apprentice Training AFFILIATIONS: Rancho Community Church Elder California Restaurant Association — Member Temecula Chamber of Commerce — Member Better Business Bureau- Member 11/92 —11/96 11/84 —11/92 1/1984 —1211984 2/1973 — 4/1984 I Orange County Rescue Mission Board of Directors Orange County Rescue Mission President Orange County Rescue Mission } Temecula Murrieta Rescue Mission Temecula Murrieta Rescue Mission Medical Clinic Coordinator r. Temecula Murrieta Rescue Mission Emergency Food Project Temecula Murrieta Rescue Mission Director Rancho Community Church Volunteers Temecula Murrieta Rescue Mission Program Manager Emergency Food Project Organizational Chart Board Authorization temecula murrieta S C U E MISSION ON RESOLUTION — 08-2009 PRESIDENTIAL AUTHORITY TEMECULA MURRIETA RESCUE MISSION INC. WHEREAS, the Board of Directors of the Temecula Murrieta Rescue Mission Inc. grants to the President of the Corporation Mr. Jim Palmer the general authority to enter into any contract, agreement, amendment or execute or deliver any instrument in the name of and on behalf of the Corporation. Certification of Secretary I certify that I am the duly elected and acting Secretary of the Temecula Murrieta Rescue Mission Inc., a California nonprofit public benefit corporation. Executed on the Twenty Forth day of August 2009 in Orange County, California Jewel Lof'f, Temecula Murrieta Mop Inc. One Hope Drive, Tustin, Califirnia 92782 (714) 247-4301 OFFICE USE PROPOSAL NUMBER REVIEWER DOCUMENT STAMP DATE RECEIVED: COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011- 2012 APPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: VNW-Circle of Care, Inc. Location: 27711 Diaz Road City: Temecula Zip Code: 92590 Mailing Address: P.O. Box 218. Temecula, CA Zip Code: 92593 Telephone Number: 951 973-3582 Fax Number: 951 676-4580 Executive Director: Charles P. Keim Title: Executive Director/President Telephone Number: 951 973-3581 E-mail: ckeim(a)vnwcircleofcare.org Program Manager: Terri Keim Title: Director Telephone Number: 951 973-3582 E-mail: wecare@vnwcircleofcare.orc Address (If different from above): Grant Writer: Terri Keim Title: Director/Vice President Telephone Number: 951 973-3582 E-mail: wecare�a'-ivnwcircleofcare.org II. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization). Date Organization founded: September 1999 Date Organization incorporated as a non-profit organization: October 30,2003 Federal identification number: 73-1691246 State identification number: 2527781 Number of paid staff 1 Number of volunteers: 65 ATTACH: Current Board of Directors (Label as Attachment I.A) Articles of Incorporation and By -Laws (Label as Attachment I.B) III. PROJECT ACTIVITY: CDBG Funds Requested: $ 15,000.00 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment III. Project Activity.1) X Countywide (check if project will serve multiple districts and/or cities). X City(ies) Temecula Community(ies) Regions Other What Supervisorial District does the activity occur within? Our activity will occur in District 3. NOTE: EDA will make the final determination of the appropriate service area of all proposals. Check ONLY the applicable category your application represents. Real Property Acquisition Public Service Housing Rehabilitation/Preservation (please provide picture of structure) Public Facilities Improvements (construction) X Other: (provide description) Grocery and other everyday necessities to low income families as well a master warehouse and distribution for bulk food items as well as a point of distribution during the course of a disaster. N. PROJECT NARRATIVE: A. Name of Project: Circle of Care Specific Location of Project (include street address; if a street address has not been assigned provide APN): Street: 27711 Diaz Road City: Temecula Zip Code: 92590 APN: 921030002 Attach maps of proposed project(s) location and service area. Please see attached maps for Temecula Food Distribution Sites. IV.I, IV.2, IV.3, IV4, IV.5 2 B. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary — Attachment IV.B. Project Description): VNW-CIRCLE OF CARE exist to restore hope and offer opportunities to needy individuals and families to become independent contributors to the City of Temecula. Circle of Care also focuses on creating a caring and thriving community; it gives orientation for people to care for people in tangible ways, by community involvement, in ways of food and clothing distribution as well as assistance in improving life management skills, though a network with other non -profits. We also provide vitamins for children and seniors. It is our hope to continue in these efforts and have the ability to assist many more residents of the City of Temecula. Currently VNW-CIRCLE OF CARE is housed in a 2000 square foot warehouse for bulk groceries, household items, vitamins and clothing. We have a 45' refrigerator trailer for perishable food items. We also have 600 square feet of office space on the same property as our warehouse. Since our inception we have taken all the products to be distributed to local parks, and parking lots. These locations are near to public transportation and at various times to better accommodate families in need. Currently we are working with other like minded organizations to serve the families of Temecula in various ways. There are a total of 5 Food Distribution Sites in the City of Temecula. Our Distribution Sites are on every Monday, Wednesday, Thursday & Saturdays. We also have 7 other locations the Southwest Riverside County. Circle of Care was the organization that supplied all of the meals for all of the evacuations sites during the Wild Fire Disasters of 2007 and we are on the Southwest Riverside County Emergency Collation. Last fiscal year we distributed over pounds 700,000 of groceries, diaper and other every day necessities, and gifts to Southwest Riverside County low income families. Each week we see new families being faced with a lack of groceries, it is our intent and passion to continue serving as many families as we can. C. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): Circle of Care would use any funding granted for the rent and utilities on our facility , the purchase of diesel fuel for our refrigeration, maintenance for our equipment, propane for our forklift, fuel for transportation of resources and for the replacing and updating of office and warehouse equipment. Currently we are serving 455 families per week all year long. 3 D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: 8,413 monthly. NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activities or service (weeks, months, year): On-going Unduplicated number of clients/persons projected to serve (e.g., 25 clients, 50 seniors) 455 families per month Units of service (Example: 25 clients x 10 visits = 250 units of service) Service will be provided to (check one or more): Men Women Children Men/Women X Men/Women/Children X Families X Seniors X Severely Disabled Adults Range of children's ages 0-18yrs X Migrant Farm Workers X Homeless Number of beds of facility N/A Anticipated number of "new" beds Length of stay (if residential facility) N/A E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meet these goals and objectives (measures should be both qualitative and quantitative)? Our goals is to use funds from this grant to expand our capacity in the service to our local Temecula families and also have the capacity to be better equipped and be in compliance with State laws concerning our environment. As the Director of Circle o f Care I am continuously searching out new resources to bring into our City. It is our goal to repurpose the resources we have here in our City as well as acquire new resources from outlying areas and other States. Currently we are forming a team of volunteers to canvass the City to network with every store that sells perishable food items as well as every restaurant so they have the opportunity to donate their perishable foods to the needy families of our City. We expect by summer 2011 to have 60% of this task done and in operation. The resources we collect will be used by Circle of Care, but we will also network with other like minded organizations to help supply their needs. Recently we have been networking with like kind organizations to acquire truck loads of groceries for Southwest Riverside County. This will greatly expand our capacity for a great quantity of groceries given to each family as well as give us added resources during a disaster. We measure our success by the total amount of product distributed in a years time as well as the testimonies of the families we are serving. 4 As we see new families in the program we know that often it is word of mouth is how these families come for assistance, because their friends and families are talking about the benefits that Circle of Care provides for their families. Also having the ability to keep perishable items fresh and nutritious for consumption we have a greater success in not trashing foods that might spoil. We can keep foods longer and our distribution can be more effective. F. Discuss how this project directly benefits low- and moderate- income residents. VNW-CIRCLE OF CARE is in existence to restore hope and offer opportunities to needy individuals and families to become independent contributors to the City of Temecula. Circle of Care also focuses on creating a caring and thriving community through a network iof concerned citizens, local business and other non -profits networking together. Every week Circle of Care is directly distributing fresh nutritious foods to local very low -moderate income families. The food products along with the everyday necessities directly helps needy families by helping their income and State benefits go a lot further. We also see many families that have never needed assistance come to our distributions Sites in this financial economic downturn. We see more and more families that have been displaced due to foreclosure, either on their own home or on a home they are renting. Circle of Care is networking these families so they can receive assistance from many other programs and/or organizations. Having the refrigeration for the perishable foods, allows us to distribute foods with a high nutritional benefit. These food items are costly and many families are unable to afford them and are forced to buy foods that are high in carbohydrates and low in protein and vitamins. Our goal is to increase our capacity for a larger quantity of fresh food items. Also on a regular basis we provide vitamins for children and we will have specially formulated vitamins for seniors. We have had recent testimony of our families saving $75.00- $100.00 per week being part of our program. Since October of 2008 we have had to ask the families we are serving to make a $5.00 donation for operational expenses. The families have all received information stating that this is not to purchase the food, but to help set off expenses. Since 01/08 donations have been very low and we asked our families if they though they could afford the donation amount in lieu of how much saving they experience with product given each week. We had 90% of the families say that this would not be a hardship and they would continue to be a part of our program. We have had many testimonies from the families that say giving the donation has been a blessing and they are glad to be a part of the solution. Most recently only about 50% of the families being assisted are making any kind of donation, We feel with the high quality of fresh foods that we distribute: along with the supplements and vitamins we are serving low income families with greater nutrition, than they might be able to afford. The benefits of good nutrition affects every area of a persons life. In turn during times of stress and lack people can suffer with health problems, especially children and the elderly as well as disabled individuals. The only limitation that we have in serving families in need is that they ask for help. We know especially in these economic times many families that never thought that they would need assistance find themselves being served by Circle of Care. Many of these families do not fit the criteria of other food banks. We do have a intake form that asks for income levels and also we use the EDA intake forms once a year for purposes of being in compliance with CDBG funding. 5 G. Respond to A & B only if this application is for a, public service project. (a) Is this a NEW service provided by your agency? Yes No (b) If service is not new, will the existing public service activity level be substantially increased or improved? If we receive close to full funding from most grants and have an increase in procurement, we should be able to increase or productivity by 25%. If we receive minimum or partial funding and do not have an increase in food resource we will be stasis quo. We will do the best we can with what we have, that is how we have operated for the last 11 years. In the funding period of 2009-2010 we had a 30% increase in productivity and about 14% increase in grocery procurement. H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? Currently we are listed in the 211 program, local Chamber of Commerce, schools, other non -profits, local churches, Cities, The Red Cross, United Way and word of mouth insure that we can be accessed. We also have a web page and we have been in existence for over 10 years. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? As stated above we have been in existence for over 10 years. We have gone through many changes in that time to better accommodate needy families as well as keeping up with the economy. Currently we have a suggested donation in place for services and most families are making that donation gladly. We never turn anyone away for a lack of donation and we never receive a donation from a first time receipt. We also do not mention this donation over the phone when we are directing new families for first time service. We have acquired 4 new Corporate donors and expect to see an increase of funding through these local business. We are also seeking out other grants that vie have not applied for in the past. V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: CATEGORY 1: Benefit to low -moderate income persons (must be documented). Please choose either subcategory A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. 6 Census Tract and block group numbers: CT: BG: CT: BG: CT: BG: CT: BG: CT: BG: CT: BG: CT: BG: CT: BG: # Total population in Census Tract(s) / block group(s) # Total low -moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will provide documentation of their family size, income, and ethnicity. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low -moderate income persons. Our project falls under this category, we use EDA intake forms to document above stated conditions. C. CIientele presumed to be principally low- and moderate -income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) Abused children Homeless persons Battered spouses Illiterate adults Elderly persons Persons living with AIDS Severely disabled adults Migrant Farm workers Describe your clientele to be served by the activity. CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? Yes No If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label attachments: V Category 2, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. 7 CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label attachments: V Project Benefit, Category 3, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2011. If your proposed CDBG funded activity will start on a date other than July 1, 2011, please indicate starting date. If these budget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: The Valley Senior Center is requesting funding of a new Senior Nutritional Program. The total cost of the program is $15,000. A total of $10,000 in CDBG funds is being requested for operating expenses associated with the proposed activity. Other non-CDBG funding will be used to pay pick-up the remaining costs for the program). Please see attached Budget Labeled VI.1 B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI -A, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Funding Source Amt Req Date Aval Type of Comm Temecula Community Action 5,000 02/2010 Awarded Pechanga Community Giving 5,000 12/2010 Pending Albertson's Fueling Fresh Rescue 2,500 11/2010 Awarded Shelter Rights LLC 6,000/yr Monthly Awarded CDBG Riv Co 15,000 07/2011 Pending Also we have just began a partnership with Shelter Rights, as they are adopting us as their corporate charity. We have also have been associated with Feed the Children and Toys for Tots for the past ten years. We have an expectation that we will be receiving resources from these two non -profits this again this year. Baron's Market Place is a new source of nutritious food for us this year. For the last 3 years we have been receiving food items from Southwest Traders and 4 Albertson's markets. 8 C. Provide a summary by line item of your organization's previous year's income and expense statement (Attachment VI -B, Exhibits 1, 2, etc.). Please find attached. D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes No If yes, identify sources and indicate outcome. We will be applying for the CDBG Riverside County, grant. If no, please explain VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds 'for the operation and maintenance of the program. Amount Source Activity Year Allocation Expended Community Action Awarded 2009-2010 5,000 5,000 CDBG Awarded 2010-2011 10,000 0 FEMA Awarded 2009 2,500 2,500 B. Management Systems Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? Yes, we use Quick Books for all financials, we also have a CPA, Derek Thomas, he also is our Treasurer and does our 990 and the end of each fiscal year. We also have a Book Keeper, Cheryl Silva. Cheryl is responsible for the end of month entries and she works directly with the Director Terri Keim and our Treasure Derek Thomas. We keep a copy of all BOL's from our vendors and we keep weights of foods received from grocery stores and restaurants. We have 3 part time admin volunteer staff that does filing, creating documents needed and tracking forms from clients for CDBG and FEMA. 9 C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII -C, Exhibits 1, 2, etc.) Each one of these people have created, managed and directed large projects with success. Chuck Keim Business Developer and Commercial Real Estate Appraiser Derek Thomas Forensic CPA Roger Doverspike Real Estate Broker and Commercial Real Estate Appraiser D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE START DATE COMPLETION DATE Continuing of On-going, fiscal year On-going, end fiscal year Current services and 2011-2012 2011-2012 Expanding to serve 25% more families 10 VIII. APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): 1. The information contained in the project application is complete and accurate. 2. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. 3. The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of local, (NON-CDBG) financial support for community development activities. 4. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. 5. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete theproject as described within a reasonable timeframe. 6. On behalf of the applying organization, 1 have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). DATE: /1 /4/// 0 Signature: Tyr r 1 t / Y,r\ Print Name/Title Authorized Representative: 11 IX. APPLICATION CHECKLIST The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE. Yes NO ATTACHMENT 1. Board of Directors 12 2. Articles of Incorporation and Bylaws 3. Project Activity Map 4. Project Description Al -q- no`I- ne.4.•4412- 5. Project Benefit, Category 2. Slum Blight Documentation 6. Project Benefit, Category 3, Urgency 7. Leveraging A-14÷- - o ci- 8. Income and Expense Statement 9. Management Capacity k+ NfleirYOn tcj 10. Board Written Authorization approving submission of application /I. 5O 1 c 3 i n Ao - Fes, ) ti -'U -V\s/ Caring for people in tangible ways... Charles P. Keim President Certified Residential Appraiser Pastor Executive Director of Circle of Care Terri Keim Director of Circle of Care Vice President Derek Thomas CPA Treasurer Roger Doverspike Business Owner General Appraiser MAI Secretary Glenn Frazier Pastor Beracah Faith Int'! Dee Jenkins Business Owner Teri Thomas Business Owner Joe Maz7ela Pastor of Mt View Community Church • P.O. Box 218 • Temecula, CA 92593 • 951 973-3582 • www.circleofcareministries.com EIN # 73-1691246 1.g ENDORSED Q FILED m oei€mt ot Secretary tc 2527781 OCT 3 U 2003 KEVIN SHELLS ARTICLES OF secretary of State INCORPORATION OF VNW CIRCLE OF CARE, INC. A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION ARTICLE I The name of this Corporation is VNW Circle of Care, Inc. ARTICLE II This Corporation is a nonprofit religious corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Religious Corporation Law exclusively for religious purposes. This Corporation is organized exclusively for religious purposes within the meaning of internal Revenue Code section 501(c)(3) (or the corresponding section of any future federal internal revenue law). Notwithstanding any other provision of these articles, the Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes of this Corporation, and the Corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Internal Revenue Code section 501(c)(3) (or the corresponding provision of any future federal internal revenue law), or (b) by a corporation, contributions to which are deductible under Internal Revenue Code section 170(c)(2) (or the corresponding provision of any future federal internal revenue law). The primary objectives and purposes of this Corporation sha 1 be to provide food and clothing distribution, housing and employment referrals, life magement training, and transitional housing with graduation programs. Our core belief is that by restoring hope and enabling our neighbors to become independent contributors, we create a caring and thriving community. This Corporation is focused on helping people care for people in tangible ways and operates throng) a network of those in need, concerned citizens and civic leaders to provide the foundation for a renewed life. ARTICLE III The name and address in the State of California of the Corporation's initial agent for service of process is: Rev. Charles P. Keim, Senior Pastor, Vineyard of the New Wine, 41975 Winchester Rd., Temecula, California 92590 ARTICLE IV No substantial part of the activities of this Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of or in opposition to, any candidate for public office. The property of this Corporation is irrevocably dedicated to religious purposes and no part of the net income or assets of this Corporation shall ever inure to the benefit of any Director, officer, or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the Corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this Corporation shall be distributed to an organization (or organizations) that is organized and operated exclusively for religious purposes and that is tax exempt under Internal Revenue Code section 501(c)(3) and that is qualified for exemption from taxation under Revenue and Taxation Code section 23701d. That organization shall be Vineyard of the New Wine, and if it is dissolved, then to the Church of God with the State Executive Offices in Fresno, California, if it qualifies as a distributee under this Article IV. Dated: (7 oZ) , 2003 Charles P. Keim, Incorporator BYLAWS OF VNW CIRCLE OF CARE, ANC. A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION ARTICLE I OFFICES SECTION 1. PRINCIPAL OFFICE The principal office of the Corporation for the transaction of its business is located in Riverside County, California. SECTION 2. CHANGE OF ADDRESS The county of the Corporation's principal office: can be changed only by Amendment of these Bylaws and not otherwise. SECTION 3. OTHER OFFICES The Corporation may also have offices at such other places, within or without the State of California, where it is qualified to do business as its business may require and as the Board of Directors may, from time to time, designate. ARTICLE II PURPOSES SECTION 1. OBJECTIVES AND PURPOSES The primary objectives and purposes of this Corporation shall be to provide food and clothing distribution, housing and employment referrals, life management training, and transitional housing with graduation programs. Our core belief is that by is that by restoring hope and enabling our neighbors to become independent contributors, we create a caring and thriving community. VNW Circle of Care is focused on helping people care for people in tangible ways and operates through a network of those in need, concerned citizens, and civic leaders to provide the foundation for a renewed life. ARTICLE III DIRECTORS SECTION 1. NUMBER The Corporation shall have two (2) Directors and collectively they shall be known as the Board of Directors. The number may be changed by Amendment of this Bylaw, or by repeal of this Bylaw and adoption of a new Bylaw, as provided in these Bylaws. SECTION 2. POWERS Subject to the provisions of the California Nonprofit Religious Corporation Law and any limitations in the Articles of Incorporation and Bylaws relating to action required or permitted to be taken or approved by the members, if any, of this Corporation, the activities and affairs of this Corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. SECTION 3. DUTIES It shall be the duty of the Directors to: (a) Perform any and all duties imposed on them collectively or individually by Law, by the Articles of Incorporation of this Corporation, or by these Bylaws; (b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the Corporation; (c) Supervise all officers, agents and employees of the Corporation to assure that their duties are performed properly; (d) Meet at such times and places as required by these Bylaws; (e) Register their addresses with the Secretary of the Corporation and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. SECTION 4. TERMS OF OFFICE Each Director shall hold office until the next annual meeting for election of the Board of Directors as specified in these Bylaws, and until his or her successor is elected and qualifies. SECTION 5. COMPENSATION Directors shall serve without compensation except that they shall be allowed and paid renumeration In addition, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their regular duties as specified in Section 3 of this Article. SECTION 6. PLACE OF MEETINGS Meetings shall be held at the principal office of the Corporation unless otherwise provided by the Board or at such place within or without the State of California, which has been designated from time to time by resolution of the Board of Directors. In the absence of such designation, any meeting not held at the principal office of the Corporation shall be valid only if held on the written consent of all Directors given either before or after the meeting and filed with the Secretary of the Corporation or after all Board members have been given written notice of the meeting as hereinafter provided for special meetings of the Board. Any meeting, regular or special, may be held by telephone conference call or similar communications equipment, so as long as all Directors participating in such meeting can hear one another. SECTION 7. REGULAR AND ANNUAL MEETIN GS Regular meetings of Directors shall be held on ��, at L M unless such day falls on a legal holiday, in which event the regulars eeting shall be held at the same hour and place on the next business day. If this Corporation makes no provision for members, then, at the annual meeting of Directors held on 4 P_ , Directors shall be elected by the Board of Directors in accordance with this section. Cumulative voting by Directors for the election of Directors shall not be permitted. The candidates receiving the highest number of votes up to the number of Directors to be elected shall be elected. Each Director shall cast one vote, with voting being by ballot only. SECTION 8. SPECIAL MEETINGS Special meetings of the Board of Directors may be called by the Chairperson of the Board, the President, the Vice President, the Secretary, or by any two Directors, and such meetings shall be held at the place, within or without the State of California, designated by the person or persons calling the meeting, and in the absence of such designation, at the principal office of the Corporation. SECTION 9. NOTICE OF MEETINGS Regular meetings of the Board may be held without notice. Special meetings of the Board shall be held upon four (4) days' notice by first-class mail, or forty-eight (48) hours' notice delivered personally, or by telephone or telegraph. If sent by mail or telegraph, the notice shall be deemed to be delivered:' on its deposit in the mails or on its delivery to the telegraph company. Such notices shall be addressed to each Director at his or her address as shown on the books of the Corporation. Notice of the time and place of holding an adjourned meeting need not be given to absent Directors if the time and place of the adjourned meeting are fixed at the meeting adjourned and if such adjourned meeting is held no more than twenty-four (24) hours from the time of the original meeting. Notice shall be given of any adjourned regular or special meeting to Directors absent from the origi al meeting if the adjourned meeting is held more than twenty-four (24) hours from the time of the original meeting. SECTION 10. CONTENTS OF NOTICE Notice of meetings not herein dispensed with hall specify the place, day and hour of the meeting. The purpose of any Board meeting need not be specified in the notice. SECTION 11. WAIVER OF NOTICE AND CONSENT TO HOLDING MEETINGS The transactions of any meeting of the Board, however called and noticed or wherever held, are as valid as though the meeting had been duly held after proper call and notice, provided a quorum, as hereinafter defined, is present and provided that either before or after the meeting each Director not present signs a waiver of notice, a consent to holding the meeting, or an approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. SECTION 12. QUORUM FOR MEETINGS A quorum shall consist of two (2) Directors. Except as otherwise provided in these Bylaws or in the Articles of Incorporation of this Corporation, or by Law, no business shall be considered by the Board at any meeting at which a quorum, as hereinafter defined, is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. However, a majority of the Directors present at such meeting may adjourn from time to time until the time fixed for the next regular meeting of the Board. When a meeting is adjourned for lack of a quorum, it shall not be necessary to give any notice of the time and place of the adjourned meeting or of the business to be I.t transacted at such meeting, other than by announcement at the meeting at which the adjournment is taken, except as provided in Section 9 of this Article. The Directors present at a duly called and held meeting at which a quorum is initially present may continue to do business notwithstanding the loss of a quorum at the meeting due to a withdrawal of Directors from the meeting, provided that any action thereafter taken must be approved by at least a majority of the required quorum for such meeting or such greater percentage as may be required by Law, or the Articles of Incorporation or Bylaws of this Corporation. SECTION 13. MAJORITY ACTION AS BOARD ACTION Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the Articles of Incorporation or Bylaws of this Corporation, or provisions of the California Nonprofit Religious Corporation Law, particularly those provisions relating to appointment of committees (Section 9212), approval of contracts or transactions in which a Director has a material financial interest (Section 9243) and indemnification of Directors (Section 9246e), require a greater percentage or different voting rules for approval of a matter by the Board. SECTION 14. CONDUCT OF MEETINGS Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the President of the Corporation or, in his or her absence, by the Vice President of the Corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the Directors present at the meeting. The Secretary of the Corporation shall act as secretary of all meetings of the Board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. SECTION 15. ACTION BY UNANIMOUS WRITTEN CONSENT WITHOUT MEETING Any action required, or permitted to be taken, by the Board of Directors under any provision of Law may be taken without a meeting, if all members of the Board shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. Such action by written consent shall have the same force and effect as the unanimous vote of the Directors. Any certificate or other document filed under any provision of Law which relates to action so taken shall state that the action was taken by unanimous written consent of the Board of Directors without a meeting and that the Bylaws of this Corporation authorize the Directors to so act, and such statement shall be prima facie evidence of such authority. • SECTION 16. VACANCIES Vacancies on the Board of Directors shall exist (1) on the death, resignation or removal of any Director, and (2) whenever the number of authorized Directors is increased. The Board of Directors may declare vacant the office of a Director who has been declared of unsound mind by a final order of court, or convicted of a felony, or has been removed from office by order of the Superior Court for engaging in fraudulent acts pursuant to Section 9223 of the California Nonprofit Religious Corporation Law. If this Corporation has any members, Directors may be removed without cause if, such removal is approved by the members. Any Director may resign effective upon giving written notice to the Chairperson of the Board, the President, the Secretary, or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. No Director may resign if the Corporation would then be left without a duly elected Director or Directors in charge of its affairs. Except for a vacancy created by the removal of a Director by the members, if any, of this Corporation, vacancies on the Board may be filled by approval of the Board or, if the number of Directors then in office is less than a quorum, by (1) the unanimous written consent of the Directors then in office, (2) the affirmative vote of a majority of the Directors then in office at a meeting held pursuant to notice or waiver of notice complying with this Article of these Bylaws, or (3) a sole remaining Director. The members, if any, of this Corporation may elect a Director at any time to fill any vacancy not filled by the Directors. A person elected to fill a vacancy as provided by this section shall hold office until the next annual election of the Board of Directors or until his or her death, resignation or removal from office. SECTION 17. NON -LIABILITY OF DIRECTORS The Directors shall not be personally liable for the debts, liabilities, or other obligations of the Corporation. SECTION 18. INDEMNIFICATION BY CORPORATION OF DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS To the extent that a person who is, or was, a Director, officer, employee or other agent of this Corporation has been successful on the : merits in defense of any civil, criminal, administrative or investigative proceeding brought to procure a judgment against such person by reason of the fact that he or she is, or was, an agent of the Corporation, or has been successful in defense of any claim, issue or matter, therein, such 1.6 person shall be indemnified against expenses actually and reasonably incurred by the person in connection with such proceeding. If such person either settles any such claim or sustains a judgment against him or her, then indemnification against expenses, judgments, fines, settlements and other amounts reasonably incurred in connection with such proceedings shall be provided by this Corporation but only to the extent allowed by, and in accordance with the requirements of, Section 9246 of the California Nonprofit Religious Corporation Law. SECTION 19. INSURANCE FOR CORPORATE AGENTS The Board of Directors may adopt a resolutioi authorizing the purchase and maintenance of insurance on behalf of any agent of the Qorporation (including a Director, officer, employee or other agent of the Corporation) against any liability other than for violating provisions of Law relating to self-dealing (Section 9243 of the California Nonprofit Religious Corporation Law) asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the Corporation would have the power to indemnify the agent against such liability under the provisions of Section 9246 of the California Nonprofit Religious Corporation Law. ARTICLE IV OFFICERS SECTION 1. NUMBER OF OFFICERS The officers of the Corporation shall be a President, a Secretary, and a Chief Financial Officer who shall be designated the Treasurer. The Corporation may also have, as determined by the Board of Directors, a Chairperson of the Board, one or more Vice Presidents, Assistant Secretaries, Assistant Treasurers, or, other officers. Any number of offices may be held by the same person, except that;, neither the Secretary nor the Treasurer may serve as the President or Chairperson of the Board. SECTION 2. QUALIFICATION, ELECTION, AND TERM OF OFFICE Any person may serve as officer of this Corporation. Officers shall be elected by the Board of Directors, at any time, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. SECTION 3. SUBORDINATE OFFICERS The Board of Directors may appoint such other officers or agents as it may deem desirable, and such officers shall serve such terms, have such authority, and perform such duties as may be prescribed from time to time by the Board of Directors. SECTION 4. REMOVAL AND RESIGNATION Any officer may be removed, either with or without cause, by the Board of Directors at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary hof the Corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this section shall be superseded by any conflicting terms of a contract, which has been approved or ratified by the Board of Directors relating to the employment of any officer of the Corporation. SECTION 5. VACANCIES Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the Board may or may not be filled, as the Board shall determine. SECTION 6. DUTIES OF PRESIDENT The President shall be the Chief Executive Officer of the Corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the Corporation and the activities of the officers. He or she shall perform all duties incident to his or her office and such other duties as may be required by Law, by the Articles of Incorporation of this Corporation, or by these Bylaws, or which may be prescribed from time to time by the Board of Directors. Unless another person is specifically appointed as Chairperson of the Board of Directors, he or she shall preside at all meetings of the Board of Directors. If applicable, the President shall preside at all meetings of the members. Except as otherwise expressly provided by Law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the Corporation, execute such deeds, mortgages, bonds, contracts, checks, or other instruments which may from time to time be authorized by the Board of Directors. SECTION 7. DUTIES OF VICE PRESIDENT In the absence of the President, or in the event of his or her inability or refusal to act, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice President shall have other powers and perform such other duties as may be prescribed by Law, by the Articles of Incorporation, or by these Bylaws, or as may be prescribed by the Board of Directors. SECTION 8. DUTIES OF SECRETARY The Secretary shall: Certify and keep at the principal office of the Corporation the original, or a copy of these Bylaws as amended or otherwise altered to date. Keep at the principal office of the Corporation or at such other place as the Board may determine, a book of minutes of all meetings 1 of the Directors, and, if applicable, meetings of committees of Directors and of members, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by Law. Be custodian of the records and of the seal of the Corporation and see that the seal is affixed to all duly executed documents, the execution of which on behalf of the Corporation under its seal is authorized by Law or these Bylaws. Keep at the principal office of the Corporation a membership book containing the name and address of each and any members, and, in the case where any membership has been terminated, he or she shall record such fact in the membership book together with the date on which such membership ceased. Exhibit at all reasonable times to any Director of the Corporation, or to his or her agent or attorney, on request therefore, the Bylaws, the membership book, and the minutes of the proceedings of the Directors of the Corporation. In general, perform all duties incident to the office of Secretary and such other duties as may be required by Law, by the Articles of Incorporation of this Corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors. SECTION 9. DUTIES OF TREASURER Subject to the provisions of these Bylaws relating to the "Execution of Instruments, Deposits and Funds," the Treasurer shall: Have charge and custody of, and be responsible for, all funds and securities of the Corporation, and deposit all such funds in the name of the Corporation in such banks, trust companies, or other depositories as shall be selected by the Board of Directors. Receive, and give receipt for, monies due and payable to the Corporation from any source whatsoever. 'the funds of the Corporation as may be Disburse, or cause to be disbursed for such disbursements. directed by the Board of Directors, taking proper vouchers and maintain adequate and correct accounts of the Corporation's properties Keep � accounts of its assets, liabilities, receipts; and business transactions, including disbursements, gains and losses. Exhibit at all reasonable times the books of account and financial records to any Director of the Corporation, or to his or her agent or attorney, on request therefore. Render to the President and Directors, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the Corporation. Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. In general, perform all duties incident to the office of Treasurer and such other duties as may be required by Law, by the Articles of incorporation of the Corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors. SECTION 10. COMPENSATION The salaries of the officers, if any, shall be fixed from time to time by resolution of the Board of Directors, and no officer shall be prevented from receiving such salary by reason of the fact that he or she is also a Director of the Corporation. In all cases, any salaries received by officers of this Corporation shall be reasonable and given in return for services actually rendered the Corporation which relate to the performance of the religious purposes of this Corporation. ARTICLE V COMMITTEES SECTION 1. EXECUTIVE COMMITTEE The Board of Directors may, by a majority vote, of Directors, designate two (2) or more of its members (who may also be serving as officers of this Corporation) to constitute an Executive Committee and delegate to such Committee any of the powers and authority of the Board in the management of the business and affairs of the Corporation, except with respect to: (a) The approval of any action, which, under Law or the provisions of these Bylaws, requires the approval of the members or of a :majority of all of the members. f.� (b) The filling of vacancies on the Board or on any committee, which has the authority of the Board. (c) The fixing of compensation of the Directors for serving on the Board or on any committee. (d) The Amendment or repeal of Bylaws or th'e adoption of new Bylaws. (e) The Amendment or repeal or any resolution of the Board which by its express terms is not so amendable or repealable. (f) The appointment of committees of the Board or the members thereof. By a majorityvote of its members then in office, the Board may at any time revoke or modify any or all of the authority so delegated, increase or decrease, but not below two (2) the number of its members, and fill vacancies therein from the mzmbers of the Board. The Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records, and report the same to the Board from time to time as the Board may require. SECTION 2. OTHER COMMITTEES The Corporation shall have such other committees as may from time to time be designated by resolution of the Board of Directors. Such other committees may consist of persons who are not also members of the Board. These additional committees shall act in an advisory capacity only to the Board and shall be clearly titled as "advisory" committees. SECTION 3. MEETINGS AND ACTION OF COMIVIITTEES Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its members for the Board of Directors and its members, except that the time for regular meetings of committees may be fixed by resolution of the Board of Directors or by the committee. The time for special meetings of committees may also be fixed by the Board of Directors. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are not inconsistent with the provisions of these Bylaws. ARTICLE VI EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS SECTION 1. EXECUTION OF INSTRUMENTS The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the Corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. SECTION 2. CHECKS AND NOTES Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by Law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the Corporation shall be signed by the Treasurer and countersigned by the President of the Corporation. SECTION 3. DEPOSITS All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select. SECTION 4. GIFTS The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the religious purposes of this Corporation. ARTICLE VII CORPORATE RECORDS, REPORTS AND SEAL SECTION 1. MAINTENANCE OF CORPORATE RECORDS The Corporation shall keep at its principal office in the State of California: (a) Minutes of all meetings of Directors, committees of the Board and, if this Corporation has members, of all meetings of members, indicating the time and place of holding such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereof; (b) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses; i(. (c) A record of its members, if any, indicating the names and addresses and, if applicable, the class of membership held by each memb f and the termination date of any membership; (d) A copy of the Corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members, if any, of the Corporation at all reasonable times during office hours. SECTION 2. CORPORATE SEAL The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the Corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. SECTION 3. DIRECTORS' INSPECTION RIGHTS Every Director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the Corporation. SECTION 4. MEMBERS' INSPECTION RIGHTS If this Corporation has any members, then each and every member shall have the following inspection rights, for a purpose reasonably related to such person's interest as a member: (a) To inspect and copy the record of all members' names, addresses and voting rights, at reasonable times, upon five (5) business days' prior written demand on the Corporation, which demand shall state the purpose 'for which the inspection rights are requested. (b) To inspect at any reasonable time the books, records, or minutes of proceedings of the members or of the Board or committees of the Board, upon written demand on the Corporation by the member, for a purpose reasonably related to such person's interests as a member. SECTION 5. RIGHT TO COPY AND MAKE EXTRACTS Any inspection, under the provisions of this Article, may be made in person, or by agent or attorney, and the right to inspection includes the right to copy and make extracts. ARTICLE VIII FISCAL YEAR SECTION 1. FISCAL YEAR OF THE CORPORATION The fiscal year of the Corporation shall began on the January 1 and end on December 31 in each year. ARTICLE IX AMENDMENT OF BYLAWS SECTION 1. AMENDMENT Subject to any provision of Law applicable to the Amendment of Bylaws of religious nonprofit Corporations, these Bylaws, or any of them, may be altered, amended, or repealed and new Bylaws adopted as follows: (a) Subject to the power of members, if any, to change or repeal these Bylaws under Section 9150 of the Corporations Code, by approval of the Board of Directors unless the Bylaw Amendment would materially and adversely affect the rights of members, if any, as to voting or transfer, provided, however, if this Corporation has admitted any members, then a Bylaw specifying or changing the fixed number of Directors of the Corporation, the maximum or minimum number of Directors, or changing from a fixed to variable Board or vice versa, may not be adopted, amended, or repealed except as provided in subparagraph (b) of this section; or (b) By approval of the members, if any, of this Corporation. ARTICLE X AMENDMENT OF ARTICLES SECTION 1. AMENDMENT OF ARTICLES BEFORE ADMISSION OF MEMBERS Before any members have been admitted to the Corporation, any Amendment of the Articles of Incorporation may be adopted by approval of the Board of Directors. SECTION 2. AMENDMENT OF ARTICLES AFTER ADMISSION OF MEMBERS After members, if any, have been admitted to :the Corporation, Amendment of the Articles of Incorporation may be adopted by the approval of the Board of Directors and by the approval of the members of this Corporation. 1.6 SECTION 3. CERTAIN AMENDMENTS Notwithstanding the above sections of this Article, this Corporation shall not amend its Articles of Incorporation to alter any statement which appears in the original Articles of Incorporation of the names and addresses of the first Directors of this Corporation nor the name and address of its initial agent, except to correct an error in such statement or to delete either statement after the Corporation has filed a "Statement by a Domestic Non -Profit Corporation" pursuant to Section 6210 of the California Nonprofit Corporation Law. ARTICLE XI PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS SECTION 1. PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS No member, Director, officer, employee, or other person connected with this Corporation, or any private individual, shall receive at any time any of the net earnings or pecuniary profit from the operations of the Corporation, provided, however, that this provision shall not prevent payment to any such person of reasonable compensation for services performed for the Corporation in effecting any of its religious purposes, provided that such compensation is otherwise permitted by these Bylaws and is fixed by resolution of the Board of Directors; and no such person or persons shall be entitled to share in the distribution of, and shall not receive, any of the corporate assets on dissolution of the Corporation. All members, if any, of the Corporation shall be deemed to have expressly consented and agreed that on such dissolution or winding up of the affairs of the Corporation, whether voluntarily or involuntarily, the assets of the Corporation, after all debts have been satisfied, shall; be distributed as required by the Articles of Incorporation of this Corporation and not otherwise. WRITTEN CONSENT OF DIRECTORS ADOPTING BYLAWS We, the undersigned, are all of the persons named as the initial Directors in the Articles of Incorporation of VNW Circle of Care, Inc., a California Nonprofit Corporation, and, pursuant to the authority granted to the Directors by these Bylaws to take action by unanimous written consent without a meeting, consent to, and hereby do, adopt the foregoing Bylaws, consisting of fifteen (15) pages, as the Bylaws of this Corporation. Dated this /'71 day of September, 2003. Charles P. Keim, Director t,u Terry Keim, Director CERTIFICATE This is to certify that the above and foregoing is a true and correct copy of the Bylaws of the Corporation named in the title thereto, and that such Bylaws were duly adopted by the Board of Directors of said Corporation on the date set forth below. Dated '. s / 0 day of September, 2003. Terry Keim, Secretary 1.6 _- Temecula, California by MapQuest fix; Cl 5 -CI There's a new MapQuest - come try it out! MavQuEST 111 Temecula, CA Page 1 of 1 % Sorry! When printing directly from the browser your directions or map may not print correctly. For best results, try clicking the Printer -Friendly button. rnapquest. U © _ vp _ �Sl _�ji •: _—..i .. �..c_.... .vim ...- Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. 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MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. mac,© 0151-2-1 b Jil no 5 IT -6 61,7kAAY b 15'1 l2% &'3i7o,o) L% I'Et4 /JC .Li`s 1 CR-Ne4--11©n tent_ ni, )IS1w►ES Cort,,, cC c_c,,T-62. ozil c. r ,-i t.-4 I1 11711 cC--1- j I V" http://www.mapquest.com/mans?city=Temecula&state=CA8c.address=%5B27400-27499... 11/14/2010 Map of [28652-28749] Pujol St Temecula, California by MapQuest Page 1 of 1 x, There's a new MapQuest - come try it out! MAPQUESt •i [28652-28749] Pujol St Temecula, CA 92590 01tem, Sorry! When printing directly from the browser your directions or map may not print correctly. For best results, try clicking the Printer -Friendly button. a; It l V„ fior r/1 _‘! ®zoio xi .S n: refw„f 0201Dyfy.1* „s Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. 010 0 i S —MI e 0-174,1t) 5' ii `we, 6-)50AY A s' n t,3'i7o -)) Vu ,--o c_.- P r4' /ZIP. C PD -16 g Y P,4 -4,A 1 ,,..,-0 L.. 1 CMcco 1 Amo utrute,df W. 3 http://www.mapquest.com/mans?city=Temecula&state=C:A&address=%5117 R(S7_7 R7dQ Map of Ymca in 26111 Ynez Rd Ste B26 Temecula, California by MapQuest Page 1 of 1 There's a new MapQuest - come tryl it out! MAPatilEST Sorry! When printing directly from the browser your directions or map may not print correctly. For best results, try clicking the Printer -Friendly button. +l, Ymca 26111 Ynez Rd Ste B26 Temecula, CA 92591 Website 1 (951) 677-9622 1 More Details Business information provided by ®Cfysearch Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. 1-400 p i 67)24 (3, i `78 ry 511E ( gAy Q Sl ttQc2'7 4.)) AIM ctilleyuf N. http://www.manauest.com/listinas/Ymca Temecula CA 1139497R9n1anpmpnt=rPc»1tc h 1 1 /t a/")nt n Map of Temecula, California by MapQuest Page 1 of 1 !X] Fie X There's a new MapQuest - come try it out! M AP QV EST I Sorrycorrecl tly. For When printingbestresultsdirectlytryfromclicking the browserthe yourPrinter-Friendly directionsbutton.or map may not print , ill Temecula, CA )230 m ) wo ft • \y ,. �a// .\ 7,� / 3. '•\ /'^X Qa. re.."'ss.�. .„,:(!,/.. �y/ . / /+, ..\ t./ f`.. fi ice,; S.. 1[1:1------•::-='-'1 '‘,..----------=---4-41_. /` E +� r. �,__ 'i VseNyrtq Dl .�_ , 1_.31" l',.Y--, �'} 1 IT- :, ‘'/��'j1 , ` i;',--.---z,- alt `� .1-_,—,;,-.,•,,-,/,A,:'''% \'7` .J� '``i, I t / "\\•;:•,e,\/"A''"7.:.. .,..:;•;..N -r • V i muest: Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. o•• •\ k • lfkka 1ti. li¢ ff `;-- 02010 MayQvat Portia asaliooroottecOntaiiiir v o O Pis-rm 6,Y -flak) S T EF'FE2sc,u 13‘) ENS C C—cl6c.) ua (�,471. i9 -y as-ra-t' P0770.0) httt://www.mapauest.com/mans?citv=Temecula&state=CAXrcnnntry=i TRArlatit„de=Z't a i t i1ai')ni 'Total 'Propane C () 'Maintanence Transportation 'Fuel for Ref z 1Expense 2011-2012 CDBG Budget to N F, Ln to I-, O tn. W O V? F O in W O tn. N O to N I-, U1 c V1 NJ F - U, V) F, O to W O V. 1-+ O V1 W O V1 N O V> F, Ui Aug to F - Ln 001$ to W O to F, O to W O to N O to Ln Sep to N I-, V U1 N I-, O 0 $300 00T$ 00£$ N (n O V) F, I-' NJ Ui Oct {n I-, Ln to F-' O to UJ O to I--' O 00£$ to N O to !-' I-, In Z 0 < in F-' Ln F, O W O I-, O W O NJ O to F-' Ul 0 0 r' $2,175 001$ to W 0 0 00[S 00E$ j N U1 O -, F-' N U1 Iv 7 Vl. N F-' V Li if, 0 0 00£$ OOT$ 00ES V U Ln O to F, I ' N In 'Feb $2,175 to F O O to UJ O O V?U F, O O W O O $250 tn. •- 1-, NJ In 'Mar N F, Ln -v F-' O tn. W O {/f N O 00£$ v, N O V I-, F, U'I - tn- N F-' Ul to I-, O V> co O to I-' O 00E$ t/). NJ O V? ~' F- In E -< N F-' V U'I 00TS Vti W O O tn. N O O V) co O O to N Ul O ~' F- N Ui C Vt N gi F, 0 0 9:08 PM VNW CIRCLE of CARE 11/14/10 Profit & Loss Accrual Basis July 2009 through June 2010 Ordinary Income/Expense Income 10-4000 • Income 10-4030 • Grant Income 10-4060 • Contribution Income 10-4000 • Income - Other Jul '09 - Jun 10 15, 595.00 54, 078.17 3,465.79 Total 10-4000 • Income 73,138.96 10-4400 • Direct Public Support 10-4440 • Gifts in Kind - Groceries 10-4445 • Gifts in Kind - Furniture/Fixtu 653,262.24 52,387.92 Total 10-4400 • Direct Public Support 705,650.16 10-4900 • Special Events Income 10-4920 • Special Events Sales (Nongift) 100.00 Total 10-4900 • Special Events Income 100.00 Total Income 778,889.12 Gross Profit 778,889.12 Expense 10-6010 • Fundraising Expense 12.77 10-6020 • Director Draw/Salary 29,098.89 10-6090 • Business expenses 10-6093 • Fines, Penalties, Judgments 325.00 10-6096 • Bank Charges 474.46 60940 • Taxes - Not UBIT 10.00 Total 10-6090 • Business expenses 809.46 10-6100 • Community Services 10-6130 • Groceries 2,885.19 10-6140 • Groceries - Donated 653,262.24 10-6145 • Furniture - Donated 52,387.92 10-6150 • Benevolence - Cash 200.00 10-6155 • Benevolence - Other 64.98 10-6165 • Volunteer Appreciation 1,700.04 10-6180 • Vehicle Fuel 10-6181 • Diesel fuel 3,715.50 10-6182 • Unleaded fuel 5,911.76 10-6183 - Propane/Forklift Fuel 529.93 Total 10-6180 • Vehicle Fuel 10,157.19 10-6670 • Program Expense 10-6671 • Holiday Program Expense Total 10-6100 • Community Services 10-6200 • Facilities and Equipment 10-6210 • Equipment Repair & Maintenance 10-6220 • Vehicle Maintenance 10-6230 • Building Supplies & Maintenance 10-6255 • Facilities Rent Total 10-6200 • Facilities and Equipment 10-6300 • Contract Services 10-6310 • Accountant Fees Total 10-6300 • Contract Services 508.15 5,099.62 726, 265.33 271.69 1,411.94 488.68 10, 275.00 12,447.31 905.00 905.00 vi -‘61 Page 1 9:08 PM VNW CIRCLE of CARE 11/14/10 Profit & Loss Accrual Basis July 2009 through June 2010 10-6500 • Operations 10-6520 • Postage 10-6530 • Printing 10-6540 • Supplies 10-6550 • Office Supplies 10-6555 • Computer Software & Supplies 10-6590 • Exec. & Director Mobile Phone 10-6595 • Phone 10-6598 • Internet - DSL 10-6599 • Miscellaneous Expense Total 10-6500 • Operations 10-6700 • Travel & Meetings 10-6800 • Other Types of Expenses 10-6810 • Advertising Expenses 10-6830 • Insurance 10-6850 • Memberships and Dues Jul '09 -Jun 10 154.89 519.95 73.13 1,187.89 186.86 1,974.75 1,661.78 147.00 6.00 5,912.25 23.45 199.50 2,145.41 50.00 Total 10-6800 • Other Types of Expenses 2,394.91 Total Expense 777,869.37 Net Ordinary Income 1.019.75 Other Income/Expense Other Income 10-7000 • Other Income 15.21 Total Other Income 15.21 Other Expense 10-8000 • Ask My Accountant 128.00 Total Other Expense 128.00 Net Other Income -112.79 Net Income 906.96 'vi -At Page 2 • INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: APR O'9 itET VNW CIRCLE OF CARE INC PO BOX 218 TEMECULA, CA 92593 Dear Applicant: DEPARTMENT OF THE TREASURY Employes Identification Naber: 73-1691246 17053157050016 Contact Person: EDWARD S SCSLAACK ID# 31536 Contact Telephone Nuier : (877) 829-5500 Accounts Period Ending: December 31 Public C'hnrity Status: 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Date -of -.Exemption: -- Octobe 30, 2003 Contribution Deductibility: Yes - We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax lTncipr section 501(c) (3) of the Intf-rni Revenue Code Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code_ Because this letter std help resolve any questions regarding your eft status, you should keep p : it in your permanent records. Organizations exempt irneulr section 501(c) (3) of the Code are further classified as either public charities or private foundations We determined that you are a public charity under the Code section (s) listed in the hes7ali ng of this letter. Please see enclosed Tnformation for Exempt Organizations Finder Section 501(c)(3) for some helpful information about your responsibilities as an exempt -organization _. Sincerely, Lois G. Lerher Director, Exempt Organizations Rulings and Agreements Enclosures: Information for Organizations Exempt Under Section 501(c) (3) Letter 947 (DO/CG) STATE OF CALIFORNIA FRANCHISE TAX BOARD PO BOX 1286 RANCHO CORDOVA CA 95741-1286 July 27, 2007 VNW CIRCLE OF CARE INC PO BOX 218 TEMECULA CA 92593-0218 Purpose •CHARITABLE Code Section 23701d Form of Organization Corporation Accounting Period Ending: December 31 Organization Number •2527781 In reply refer to 755:G :DI You are exempt from state franchise or income tax under the section of the Revenue and Taxation Code indicated above. This decision is based on information you submitted and assumes that your present operations continue unchanged or conform to those proposed in your application. Any change in operation, character, or purpose of the organization must be reported immediately to this office so that we may determine the effect on your exempt status. Any change of name or address must also be reported. In the event of a change in relevant statutory, administrative, judicial case law, a change in federal interpretation of federal law in cases where our opinion is based upon such an interpretation, or a change in the material facts or circumstances relating to your application upon which this opinion is based, this opinion may no longer be applicable. ppiicabl,,. It is your responsibility to be aware of these changes should they occur. This paragraph constitutes written advice, other than a chief counsel ruling, within the meaning of Revenue and Taxation Code Section 21012(a)(2). You may be required to file Form 199 (Exempt Organization Annual Information Return) on or before the 15th day of the 5th month (4 1/2 months) after the close of your accounting period. Please see annual instructions with forms for requirements. You are not required to file state franchise or income tax returns County of Riverside Economic Development Agency Community Services Division Community Development Block Grant (CDBG) Application for the 2011-2012 Program Year Submission Deadline December 2, 2010 5:00 P.M. County of Riverside County Economic Development Agency 2011-2012 Community Development Block Grant Application Instructions The following CDBG Application is to be used for the County of Riverside's 2011-2012 CDBG Program Year. This application form is intended for the use by non-profit organizations [501(c)(3)] and government agencies that will be requesting CDBG funds from the five Supervisorial Districts. The County of Riverside's 2011-2012 CDBG funds will not be available until after July 1, 2011. An original and one copies (total of two) of the complete 2011-2012 CDBG Application are due no later than 5:00 PM on Thursday, December 2, 2010, at either of the following locations: Economic Development Agency ATTN: Elizabeth Wilson 3403 Tenth Street, 5th Floor Riverside, CA 92501 (951) 955-8916 Economic Development Agency ATTN: Michelle Corredato 44-199 Monroe Street, Suite B Indio, CA 92201 (760) 863-2552 Applications received after the above deadline will not be accepted. A complete application for each activity or project must be submitted by all organizations applying for CDBG funds. All questions must be answered completely, and all required documentation must be attached. If additional sheets are required to complete a response, please continue the answer as an attachment. Attachments to the Application: All applicants must submit a detailed index of all attachments to the CDBG applications. All attachments must be individually tabbed and labeled to correspond to the specific section of the application. Non-profit organizations are only required to submit one copy of their Articles of Incorporation, Bylaws, and current board membership. Should you require any assistance in completing the application, contact a CDBG representative at (800) 984-1000 (Western Riverside County) or (760) 863-2552 (Eastern Riverside County). You are encouraged to submit your application well before the deadline to allow ample time for review, completeness, and accuracy. You may also obtain an electronic version of the application via e-mail or other methods. To do so, please contact the Economic Development Agency at (800) 984-1000. EDA also conducts CDBG application workshops. These informal workshops provide potential applicants the opportunity to discuss their program and activities and to ask questions concerning their applications. Please contact Elizabeth Wilson at (951) 955-8916 or via email at eawilson@rivcoeda.org for information regarding the Workshops. 1 2011-2012 CDBG PROGRAM OVERVIEW At this time, the County of Riverside will utilize a Priority Evaluation and Project Rating System for all proposals. As part of the review and evaluation process, EDA staff will review and evaluate all proposals utilizing the following checklist: I. ACTIVITY EVALUATION ❑ Does the activity address an established need? ❑ Is the proposed activity eligible (24 CFR 570.201) under the CDBG program? ❑ Does the proposed activity meet one of the three broad National Objectives? • • • Principally benefit low and moderate -income persons; Prevents or eliminates slum and blight; or Addresses an urgent need or problem in the community. ❑ Has the applicant provided sufficient explanation concerning their ability to adequately and accurately document the benefit to low and moderate income persons? ❑ Can the project be implemented and completed within a reasonable amount of time (Public Service activities 1 year / all other activities 2 years maximum)? ❑ Has the applicant identified all the major tasks or components that will be required in carrying out the activity? Are there any potential issues or concerns? ❑ Has the applicant provided a reasonable estimate of the resources necessary for each component of the project, and has it developed a realistic budget that reflects these resources? Are other sources of funds (leveraging) committed to this project? ❑ Is the proposed budget for the CDBG-funded activity separate from other activities undertaken by the applicant? II. APPLICANT (ORGANIZATIONAL) EVALUATION ❑ Has the applicant ever undertaken the proposed activity before? What were the results? ❑ Does the applicant have experience with CDBG or other Federal programs? Has the applicant conducted a Single Audit (OMB A-133) within the last two years? ❑ Does the applicant and prospective staff understand the additional requirements associated with Federal funding? ❑ Does the applicant have qualified staff for all the necessary functions associated with the proposed activity? Is there adequate staff time available? ❑ Does the applicant possess adequate administrative structures, management systems, and policies & procedures? 2 ❑ Does the applicant possess adequate financial stability? Will the applicant be overly dependent upon CDBG funding? Nlinimum Activity Funding: In an effort to ensure effective, efficient, and appropriate allocation and use of CBDG funds, the County may reject any proposed CDBG activity in an amount less than $10,000. The only exceptions to this policy include, but are not limited to, traditionally county -wide activities (city/county, multiple city, etc.) or a project or activity serving a very remote location. These exceptions must be pre -approved by EDA prior to the application submittal. Acquisition of Real Property / Displacement: NOTE: Any organization considering the submittal of an application for CDBG funds for a project that involves acquisition of real property and/or the displacement of tenants must consult with the EDA prior to submitting the application. 3 EDA USEONLY PROPOSAL NUMBER REVIEWER DOCUMENT STAMP DATE RECEIVED: COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011- 2012 APPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: City of Temecula Location: 41000 Main Street City: Temecula Zip Code: 92590 Mailing Address: P.O. Box 9033 Zip Code: 92589-9033 Telephone Number: 951 694-6480 Fax Number: 951 694-6488 Executive Director: Shawn D. Nelson Telephone Number: 951 694-6440 E-mail: shawn.nelson@ityoftemecula.org Program Manager: Herman Parker Telephone Number: 951 694-6480 E-mail: hermun.parker@ciOofiemecula.org Address (If different from above): Grant Writer: Barbara Smith Telephone Number: 951 693-3995 E-mail: barbara.smith@cityoftemecula.org II. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization) Date Organization founded: Decenber 1, 1989 Date Organization incorporated as a non-profit organization: December 1, 1989 Federal identification number: 33-0383649 State identification number: 698-1511-6 Number of paid staff: 200 Number of volunteers: 300 ATTACH: Current Board of Directors (Label as Attachment I.A) Articles of Incorporation and By -Laws (Label as Attachment LB) 4 III. PROJECT ACTIVITY: CDBG Funds Requested: $ 330, 000.00 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment II Project Activity) ❑ Countywide (check if project will serve multiple districts and/or cities). City (ies): Community (ies): Regions: This project will serve residents frons. the City of Temecula; surrounding Riverside County and neighboring cities. Other: What Supervisorial District does the activity occur within? District 3 — Jeff Stone NOTE: EDA will make the final determination of the appropriate service area of all proposals. Check ONLY the applicable category your application represents. n Real Property Acquisition n Public Service n Rehabilitation/Preservation (please provide picture of structure) X Public Facilities Improvements (construction) n Other: (provide description) IV. PROJECT NARRATIVE: ❑ Housing A. Name of Project: Old Town Gymnasium Specific Location of Project (include street address; if a street address has not been assigned provide APN) Street: First Street (between Old Town Front and Pujol Street) — no address yet City: Temecula, CA APN: 922-100-035 Zip Code: 92590 Attach maps of proposed project(s) location and service area. 5 B. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary — Attachment III Project Description) This project includes the design and construction of an 8,300 square foot gymnasium that will include a full-sized basketball court, bleacher seating for 120 spectators, restrooms, storage and an office. This project will be broken down into two phases. Phase I will include the underground utilities, parking lot including lighting; landscaping and trash enclosure. Phase II will include the gym with basketball facilities; equipment and furnishings; restrooms, storage area, office and exterior landscaping. C. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): The $330,000.00 will be combined with other funds to off set the over $4 million cost for design, constructions, furnishings and equipment of the Old Town Gymnasium. D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: The CDBG funds will be used for the construction of the gym which will be located adjacent a Boys & Girls Club. With a joint -use agreement between the City and the Boys &Girls Club this gym will experience ultimate utilization. The Boys & Girls Club will program the gym with sports leagues, tournaments and activities. The City, throught the Temecula Community Services District will provide additional programming when not in use by the Boys & Girls Club. NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activities or service (weeks, months, year): N/A. Unduplicated number of clients/persons projected to serve (e.g., 25 clients, 50 seniors): N/A. Units of service (Example: 25 clients x 10 visits = 250 units of service): 160 users X 50 weeks is 8,000 persons through the Boys & Girls Club and 20 users X 20 weeks is 800 persons through the City for a total of 8,800 participants on an annual basis. Service will be provided to (check one or more): ❑ Men n Women ® Children X Men/Women Range of children's ages: Ages 5-17 ® Men/Women/Children ❑ Families X Seniors n Severely Disabled Adults Migrant Farm Workers 1 1 Homeless Number of beds of facility: N/A Anticipated number of "new" beds: N/A Length of stay (if residential facility): N/A 6 E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meet these goals and objectives (measures should be both qualitative and quantitative)? Our goal is to provide a safe and positive environment for the youth and adults who live in the surrounding established low to moderate income area. Our objectives to meet this goal are as follows: 1. To design a multi -use facility to support a variety of programs and events. 2. A joint -use agreement between the City and Boys &Girls Club will document shared maintenance responsibilities to ensure the gym is both safe and functional. 3. Both the Boys & Girls Club and City will provide trained staff to plan, implement and supervise programs. 4. Provide a variety of activities. The Boys & Girls Club will program the gymnasium with a varierty of youth basketball and volleyball leagues, tournaments and fitness and enrichment programs, dances and other related activities 5. The Temecula Community Services District will program a va,iety of events and activities that will agument the youth programs provided by the Boys & Girls Club. The City will address programs for adults, disabled persons and families as well as additional youth fitness opportunities. We will measure our success by: 1. Measuring the increase of recreational opportunities provided in the immediate low income area for: a. youth b. adults c. families d disabled youth and adults 2. Document the number and demographics of participants. 3. Monitor the reduction of illegal activities due the the increase of diverting activities in the area. 4. Document the importance of good fitness education provided. F. Discuss how this project directly benefits low- and moderate- income residents. The gymnasium's location is within an established residential area where 93% of the residents are at a low to moderate -income level. There are approximately 3,000 residents who will be able to walk to this facility and participate in the sports activities and other events. Directly across the street from the Boys & Girls Club is a new multi family rental complex that is now completed with 250 additional residential units. G. Respond to A & B only if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes n No (b) If service is not new, will the existing public service activity level be substantially increased or improved? N/A H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? With the year, two public meetings were held and this project was discussed The first public meeting was held on May 19, 2010 at the Capital Improvement Projects City Council Workshop. The second meeting was held on June 8, 2010 during a regular City Council meeting. Both public meetings were noticed and open for public comment. 7 The Boys & Girls Club and Cite will program the gym based on the expressed needs and wants of their participants and community. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? After this project is completed, Public Works Maintenace Supervisor and staff will be responsible for the maintenance duties as identified in the joint -use agreement with the Boys & Girls Club. The City has an established funding source through the Temecula Parks and Lighting Special Tax, which is assessed on all properties within the City of Temecula. This assessment creates a steady annual revenue source that is dedicated to the enhancement and maintenance of parks and recreational facilities, such as the gym. V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: CATEGORY 1: Benefit to low -moderate income persons (must be documented). Please choose either subcategory A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT BG CT BG CT BG CT BG CT BG CT BG # Total population in Census Tract(s) / block group(s) # Total low -moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will provide documentation of their family size, income, and ethnicity. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low -moderate income persons. C. Clientele presumed to be principally low- and moderate -income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) ['Abused children ['Homeless persons n Battered spouses ❑ Illiterate adults n Elderly persons ❑ Persons living with AIDS Severely disabled adults n Migrant Farm workers 8 Describe your clientele to be served by the activity. CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? Yes ® No ❑ If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label as Attachments: IV Category 2, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label as Attachments: V Category 3, Exhibit 1, 2, etc.) NOTE: this National Objective Category must be approved by EDA in writing prior to the submittal of your application. VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2011. If your proposed CDBG- funded activity will start on a date other than July 1, 2011, please indicate starting date. If these budget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EX4MPLE: The Valley Senior Center is requesting funding of a new Senior Nutritional Program. The total cost of the program is $15, 000. A total of $10,000 in CDBG funds is being requested for operating expenses associated with the proposed activity. Other non-CDBG funding will be used to pay pick-up the remaining costs for the program). TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED I. Personnel A. Salaries & Wages $300,000.00 $ B. Fringe Benefits $ $ C. Consultants & Contract Services $ $ SUB -TOTAL $ $ II. Non -Personnel A. Space Costs $ $ B. Rental, Lease or Purchase of 9 Equipment C. Consumable Supplies D. Travel E. Telephone F. Other Costs $100,000.00 SUB -TOTAL: $ $ III. Architectural/Engineering Design $420,000.00 $ W. Acquisition of Real Property $ $ V. Construction/Rehabilitation $3,380,000.00 $330,000.00 VI. Indirect Costs $ $ TOTAL: $4,200,000.00 $330,000.00 B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI -A, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Funding Source Amount Requested Date Available Type of Commitment EDI Grant $162,000.00 Grant Awarded Federal Grant Parks & Rec DIF $1,004,931.00 Projected available by June 30, 2012 Development Fees Boys & Girls Club $401,000.00 By Construction End Donation Pledge City of Temecula $352,487.00 Immediately Contribution C. Provide a summary by line item of your organization's previous year's income and expense statement (Attachment VI -B, Exhibits 1, 2, etc.). D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes n No If yes, identify sources and indicate outcome. 10 If no, please explain The City will be partnering with the Boys & Girls Club and have worked with themm during the design phase. E. Was this project previously funded with CDBG funds? Yes ® No n If yes, when? For Fiscal Years 2001-2006 and 2010-2011. Is this activity a continuation of a previously funded (CDBG) project? Yes ® No ❑ If yes, explain: This project was delayed due to a flood control project built by the US Army Corps of Engineers and Ricsied County Flood Control and Water Conservation District. The flood control project is compledted and we can finish the design of the Old Town Gym based on the land confirguration. VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source Activity IL Allocation Amount Expended TCC — Expansion Relocate historical buildings for use for local food pantry. 2008- 2010 $2.4 million $2.4 million B. Management Systems Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? Yes, the City of Temecula's Finance Department contracts an annual audit by independent accountants. The Finance Department is consistently recognized by the Government Finance Officers Association and the California Society of Municipal Finance Officers for their outstanding budgeting and accounting practices. C. Capacity: 11 Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII A, Exhibits 1, 2, etc.). D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: illi OBJECTIVE START DATE_, COMPLETION DATE Complete 100%Design July 2010 January 2011 Complete Construction Doc February 2011 March 2011 Construction Bid Process March 2011 A i ril 2011 Construction June 2011 June 2012 12 APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): 1. The information contained in the project application is complete and accurate. 2. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. DATE: 3. The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of local, (NON-CDBG) financial support for community development activities. 4. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. 5. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. 6. On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). Signature: Print Name/Title Authorized Representative: 13 Applicant's Check -list: The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE. Yes NO ATTACHMENT ❑ ® 1. Board of Directors ❑ ❑ 2. Articles of Incorporation and Bylaws ❑ ❑ 3. Project Activity Map ❑ Z 4. Project Description ❑ ❑ 5. Project Benefit, Category 2. Slum Blight Documentation ❑ ® 6. Project Benefit, Category 3, Urgency ❑ ❑ 7. Leveraging ❑ ® 8. Income and Expense Statement ® ❑ 9. Management Capacity ❑ ® 10. Board Written Authorization approving submission of application 14