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Home My WebLink About011012 CC Amended Agenda• d • In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AMENDED AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING & SPECIAL MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 10, 2012 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by DCR Investments, Inc., consisting of approximately 7.31 acres (APN 940-070- 004) located on the.escarpmont west of,the City limits in unincorporated Riverside County northwesterly of Camino Gatillo. The parties to the negotiations for the purchase of the property are DCR Investments, Inc., Riverside County Regional Conservation Authority and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are price and the terms of the City and Authority's purchase of the property. 2) Conference with City Attorney pursuant to Government Code Section 54956.9(b) and (c) with respect to one matter in which there is a significant exposure to litigation in which the City would be a party and to decide whether to initiate litigation on behalf of the City. The title of the matter is "Claim of City of Temecula against Bell -Aire West Construction Co. and Wilco Insurance Company" concerning the Winchester Median Project surety bonds. With respect to such matter, the City Attorney has determined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City and a need to determine whether to initiate litigation. 3) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by the Redevelopment Agency of the City of Temecula consisting of approximately 30.2 acres (APN 909-370-002) located northwesterly of Diaz Road and Dendy Parkway. The parties to the negotiations for an amendment to the terms of sale of this property are: Agua Caliente Inc., the Redevelopment Agency of the City of Temecula and the City of Temecula. Negotiators for the Temecula Redevelopment Agency and City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are the price and terms of the sale of the property to Agua Caliente Inc. 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: 12-01 Resolution: 12-01 CALL TO ORDER: Mayor Chuck Washington Prelude Music: The Brewer Boys Invocation: Elder Bill Savage of True Vine Pentecostal Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Presentation of Gavel from previous Mayor Roberts to incoming Mayor Washington Presentation by Gary Sinise Proclamation to Allen Craig Presentation of Service Awards - Tom Edwards and Bob Nagel PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. 2 • • • • • • For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. 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, 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 December 13, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12- 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 November 30, 2011 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of November 30, 2011. 5 Parcel Map No. 36369 (located at the southwest corner of Overland Drive and Margarita Road) RECOMMENDATION: 5.1 Approve Parcel Map No. 36369 in conformance with the Conditions of Approval. 6 Implementation Agreement for the National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit for the Santa Margarita River Drainage Area RECOMMENDATION: 6.1 Approve the National Pollution Discharge Elimination System (NPDES) Stormwater Discharge Permit Implementation Agreement for Santa Margarita Drainage Area; 6.2 Authorize payment of $581,716 to the Riverside County Flood Control and Water Conservation District, which represents the City's cost -share contribution for FY 2011-12 per the Implementation Agreement. 7 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Slurry Seal Project FY 2011-12 — Project No. PW11-09 RECOMMENDATION: 7.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Project FY 2011- 12, Portions of Paseo Del Sol, California Sunset, Rainbow Canyon, and Starlight Ridge Areas — Project No. PW 11-09. 8 Construction Contract for the Library Parking Expansion — Proiect No. PW08-07 RECOMMENDATION: 8.1 Award a construction contract for the Library Parking Expansion — Project No. PW08-07, to Roadway Engineering & Contracting Inc. in the amount of . $209,236; 8.2 Authorize the City Manager to approve change orders up to 10% of the contract amount, $20,923.60; 8.3 Make a finding that the Library Parking Expansion Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 4 • • • • 9 City Council action to make the City of Temecula the successor agency of The Redevelopment Agency of the City of Temecula for the purposes of dissolving The Redevelopment Agency under the 2011 Redevelopment Agency Termination Legislation, ABX1 26 • • RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING AN ELECTION IN CONNECTION WITH SERVING AS A SUCCESSOR AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREIN 9A Benefit Concert, Co -Sponsorship Request (at the request of Mayor Washington & Council Member Comerchero) RECOMMENDATION: 9.1A Formation of a Civic Center Concert ad-hoc subcommittee to discuss the logistics/planning of proposed benefit concert; 9.2A Approval of a co-sponsorship agreement with the Stephen Siller Tunnel to Towers Foundation for city support costs in the amount of approximately $3,900 and in-kind promotional services valued at an amount of approximately $10,865 for a benefit concert. This concert will be performed by Gary Sinise and the Lt. Dan Band within the Civic Center Quad/Civic Center Town Square in Old Town Temecula with proceeds returned to assist Military Veteran's; 9.3A Approve appropriate street closures associated with special event that involve Mercedes Street in front of Civic Center to be determined (in February), half day (Press Conference/Media event) and Mercedes Street/Main Street "Y" on February 28, 2012 from 8:00 am to March 2, 2012 at 2:00 am (Special Event Setup). RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 12-01 Resolution: No. CSD 12-01 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PRESENTATIONS Presentation of Gavel from Mayor Washington to incoming and past President Jeff Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, 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-minute time limit for each speaker. CSD CONSENT CALENDAR 10 Action Minutes RECOMMENDATION: 10.1 Approve the action minutes of December 13, 2011. 11 Second Amendment to the Willdan Financial Services Agreement for Assessment Engineering Services RECOMMENDATION: 11.1 Approve the Second Amendment to the Willdan Financial Services Agreement to extend the term for one year and increase the payment by $39,500. 6 • • • • • 12 Benefit Concert, Co -Sponsorship Request (at the request of Mayor Washington & Council Member Comerchero) RECOMMENDATION: 12.1 Formation of a Civic Center Concert ad-hoc subcommittee to discuss the logistics/planning of proposed benefit concert; 12.2 Approval of a co-sponsorship agreement with the Stephen Siller Tunnel to Towers Foundation for city support costs in the amount of approximately $3,900 and in-kind promotional services valued at an amount of approximately $10,865 for a benefit concert. This concert will be performed by Gary Sinise and the Lt. Dan Band within the Civic Center Quad/Civic Center Town Square in Old Town Temecula with proceeds returned to assist Military Veteran's; 12.3 Approve appropriate street closures associated with special event that involve Mercedes Street in front of Civic Center to be determined (in February), half day (Press Conference/Media event) and Mercedes Street/Main Street "Y" on February 28, 2012 from 8:00 am to March 2, 2012 at 2:00 am (Special Event Setup). CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, January 24, 2012, 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. TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 12-01 Resolution: No. RDA 12-01 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PRESENTATIONS Presentation of Gavel from Mayor Washington to incoming and past Chair Person Mike Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on , the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 13 Action Minutes RECOMMENDATION: ' 13.1 Approve the action minutes of December 13, 2011. 14 Agency approval of an Enforceable Obligation Schedule and Draft Initial Recognized Obligation Payment Schedule in connection with The Redevelopment Agency under the 2011 Redevelopment Agency Termination Legislation, ABX1 26 14.1 Adopt a resolution entitled: 8 • • RESOLUTION NO. RDA 12- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH • 14.2 Adopt a resolution entitled: RESOLUTION NO. RDA 12- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, January 24, 2012, at 5:30 P.M., for a Closed Session, with regula session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. TEMECULA HOUSING AUTHORITY - no meeting TEMECULA PUBLIC FINANACING AUTHORITY - no meeting 10 • • • • 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. 15 General Plan Amendment, Zone Change to PDO, Tentative Tract Map, Home Product Review and Mitigated Negative Declaration for Walcott Estates in Nicolas Valley (Planning Application Nos. PA10-0145, PA10-0146, PA10-0147, and PA10-0148) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A ZONE CHANGE AND GENERAL PLAN AMENDMENT FROM VL -VERY LOW DENSITY TO L -LOW DENSITY WITH A PDO; A TENTATIVE TRACT MAP TO SUBDIVIDE 25 ACRES INTO 45 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD, APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) 15.2 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0148, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL (APNS 957-170-032 THROUGH -036) 15.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0147, AN AMENDMENT TO THE DEVELOPMENT CODE FOR A ZONING MAP AND TEXT CHANGE FROM VERY LOW (VL) DENSITY RESIDENTIAL TO A PLANNED DEVELOPMENT OVERLAY (PDO) BASED ON THE STANDARDS OF THE LOW (L) DENSITY RESIDENTIAL DESIGNATION WITH PROVISIONS FOR A CLUSTER DEVELOPMENT (APNS 957-170-032 THROUGH -036) 11 15.4 Adopt a resolution entitled: RESOLUTION NO. 12- • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0145, TENTATIVE TRACT MAP 36295 TO SUBDIVIDE 25 GROSS ACRES INTO 45 LOTS AND ASSOCIATED OPEN SPACE LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) 15.5 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0146, A HOME PRODUCT REVIEW APPLICATION FOR WALCOTT ESTATES LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT • Next regular meeting: Tuesday, January 24, 2012, 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. • 12 For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. 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, 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 December 13, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12- 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 November 30, 2011 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of November 30, 2011. 3 5 Parcel Map No. 36369 (located at the southwest corner of Overland Drive and Margarita Road) RECOMMENDATION: 5.1 Approve Parcel Map No. 36369 in conformance with the Conditions of Approval. 6 Implementation Agreement for the National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit for the Santa Margarita River Drainage Area RECOMMENDATION: 6.1 Approve the National Pollution Discharge Elimination System (NPDES) Stormwater Discharge Permit Implementation Agreement for Santa Margarita Drainage Area; 6.2 Authorize payment of $581,716 to the Riverside County Rood Control and Water Conservation District, which represents the City's cost -share contribution for FY 2011-12 per the Implementation Agreement. 7 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Slurry Seal Project FY 2011-12 — Project No. PW11-09 RECOMMENDATION: 7.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Project FY 2011- 12, Portions of Paseo Del Sol, California Sunset, Rainbow Canyon, and Starlight Ridge Areas — Project No. PW11-09. 8 Construction Contract for the Library Parking Expansion — Project No. PW08-07 RECOMMENDATION: 8.1 Award a construction contract for the Library Parking Expansion — Project No. PW08-07, to Roadway Engineering & Contracting Inc. in the amount of $209,236; 8.2 Authorize the City Manager to approve change orders up to 10% of the contract amount, $20,923.60; 8.3 Make a finding that the Library Parking Expansion Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 4 9 City Council action to make the City of Temecula the successor agency of The Redevelopment Agency of the City of Temecula for the purposes of dissolving The Redevelopment Agency under the 2011 Redevelopment Agency Termination Legislation, ABX1 26 RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING AN ELECTION IN CONNECTION WITH SERVING AS A SUCCESSOR AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREIN 9A Benefit Concert, Co -Sponsorship Request (at the request of Mayor Washington & Council Member Comerchero) RECOMMENDATION: 9.1A Formation of a Civic Center Concert ad-hoc subcommittee to discuss the logistics/planning of proposed benefit concert; 9.2A Approval of a co-sponsorship agreement with the Stephen Siller Tunnel to Towers Foundation for city support costs in the amount of approximately $3,900 and in-kind promotional services valued at an amount of approximately $10,865 for a benefit concert. This concert will be performed by Gary Sinise and the Lt. Dan Band within the Civic Center Quad/Civic Center Town Square in Old Town Temecula with proceeds returned to assist Military Veteran's; 9.3A Approve appropriate street closures associated with special event that involve Mercedes Street in front of Civic Center to be determined (in February), half day (Press Conference/Media event) and Mercedes Street/Main Street "Y" on February 28, 2012 from 8:00 am to March 2, 2012 at 2:00 am (Special Event Setup). ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 12-01 Resolution: No. CSD 12-01 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PRESENTATIONS Presentation of Gavel from Mayor Washington to incoming and past President Jeff Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, 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-minute time limit for each speaker. CSD CONSENT CALENDAR 10 Action Minutes RECOMMENDATION: 10.1 Approve the action minutes of December 13, 2011. 11 Second Amendment to the Willdan Financial Services Agreement for Assessment Engineering Services RECOMMENDATION: 11.1 Approve the Second Amendment to the Willdan Financial Services Agreement to extend the term for one year and increase the payment by $39,500. 6 12 Benefit Concert, Co -Sponsorship Request (at the request of Mayor Washington & Council Member Comerchero) RECOMMENDATION: 12.1 Formation of a Civic Center Concert ad-hoc subcommittee to discuss the logistics/planning of proposed benefit concert; 12.2 Approval of a co-sponsorship agreement with the Stephen Siller Tunnel to Towers Foundation for city support costs in the amount of approximately $3,900 and in-kind promotional services valued at an amount of approximately $10,865 for a benefit concert. This concert will be performed by Gary Sinise and the Lt. Dan Band within the Civic Center Quad/Civic Center Town Square in Old Town Temecula with proceeds returned to assist Military Veteran's; 12.3 Approve appropriate street closures associated with special event that involve Mercedes Street in front of Civic Center to be determined (in February), half day (Press Conference/Media event) and Mercedes Street/Main Street "Y" on February 28, 2012 from 8:00 am to March 2, 2012 at 2:00 am (Special Event Setup). CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, January 24, 2012, 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. 7 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 12-01 Resolution: No. RDA 12-01 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PRESENTATIONS Presentation of Gavel from Mayor Washington to incoming and past Chair Person Mike Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 13 Action Minutes RECOMMENDATION: 13.1 Approve the action minutes of December 13, 2011. 14 Agency approval of an Enforceable Obligation Schedule and Draft Initial Recognized Obligation Payment Schedule in connection with The Redevelopment Agency under the 2011 Redevelopment Agency Termination Legislation, ABX1 26 14.1 Adopt a resolution entitled: 8 RESOLUTION NO. RDA 12- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART t8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 14.2 Adopt a resolution entitled: RESOLUTION NO. RDA 12- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, January 24, 2012, at 5:30 P.M., for a Closed Session, with regula session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 9 TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANACING AUTHORITY — no meeting 10 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. 15 General Plan Amendment, Zone Change to PDO, Tentative Tract Map, Home Product Review and Mitigated Negative Declaration for Walcott Estates in Nicolas Valley (Planning Application Nos. PA10-0145, PA10-0146, PA10-0147, and PA10-0148) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A ZONE CHANGE AND GENERAL PLAN AMENDMENT FROM VL -VERY LOW DENSITY TO L -LOW DENSITY WITH A PDO; A TENTATIVE TRACT MAP TO SUBDIVIDE 25 ACRES INTO 45 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD, APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) 15.2 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0148, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL (APNS 957-170-032 THROUGH -036) 15.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0147, AN AMENDMENT TO THE DEVELOPMENT CODE FOR A ZONING MAP AND TEXT CHANGE FROM VERY LOW (VL) DENSITY RESIDENTIAL TO A PLANNED DEVELOPMENT OVERLAY (PDO) BASED ON THE STANDARDS OF THE LOW (L) DENSITY RESIDENTIAL DESIGNATION WITH PROVISIONS FOR A CLUSTER DEVELOPMENT (APNS 957-170-032 THROUGH -036) 11 15.4 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0145, TENTATIVE TRACT MAP 36295 TO SUBDIVIDE 25 GROSS ACRES INTO 45 LOTS AND ASSOCIATED OPEN SPACE LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) 15.5 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0146, A HOME PRODUCT REVIEW APPLICATION FOR WALCOTT ESTATES LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, January 24, 2012, 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. 12 PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, Allen Craig attended Chaparral High School where he played varsity baseball and was named Scholastic Athlete ofthe Year, Co -MVP ofthe Southwestern League, The Californian Newspaper All -Valley Player of the Year, All -Riverside County and CIF 1st Team; and WHEREAS, Allen played for the 2002 USA Junior National Team; and WHEREAS, after graduating from Chaparral High School in 2002, Allen went on to play college baseball at the University of California Berkeley, where he also completed his degree before being drafted by the St. Louis Cardinals in the eighth round of the 2006 draft; and WHEREAS, in 2010 Allen was rated as the No. 5 prospect in the Cardinals organization by Baseball America; rated as "Best Power Hitter" in the Cardinals organization; and WHEREAS, Allen had a 2011 batting average of .315, with a career average of .290; and WHEREAS, with his two -out, go-ahead, pinch-hit singles in Games 1 and 2 ofthe 2011 World Series, Allen became the first player in history with two go-ahead RBI's as a pinch -hitter in World Series play; and WHEREAS, after hitting a home run earlier in the game, Allen caught the last out of the 7th and final game of the 2011 World Series, the 1 1th World Series Championship for the St. Louis Cardinals; and WHEREAS, Allen represented his home town, the City of Temecula, as a member of the 2011 World Series Championship Winning Team, the St. Louis Cardinals. NOW, THEREFORE, I, Chuck Washington, on behalf of the City Council of the City of Temecula, hereby proclaim January 10, 2012, to be "Allen Craig Day" The City Council and the citizens of Temecula would like to congratulate Allen on his great accomplishments and wish him continued success with his very bright future. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this tenth day of January, 2012. Chuck Washington, 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 DECEMBER 13, 2011 — 7:00 PM Mayor Roberts convened the City Council meeting convened at 7:01 P.M. Prelude Music: Music Heritage Foundation Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Presentation to Retiring City Manager Shawn Nelson PUBLIC COMMENTS CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of November 22, 2011. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 1 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-82 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 October 31, 2011 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of October 31, 2011. 5 Financial Statements for the Three Months Ended September 30, 2011 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2011; 5.2 Approve an appropriation decrease of $147,145 for Operating Transfers Out in the State Transportation fund and an offsetting $147,145 increase for Operating Transfer Out in the State Gas Tax fund. 6 Vehicle Repair and Maintenance Agreement Amendment — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Approve a three-year Vehicle Repair and Maintenance Agreement Amendment with Old Town Tire & Service LLC, in an amount not to exceed $86,000 annually. 7 Office Supplies and Related Services Agreement — Approved Substitute Motion to award one-year agreement to Glennies Office Supply, requesting they work with staff to improve statistical tracking (5-0-0) Council Member Comerchero made the motion; it was seconded by Council member Edwards; and electronic vote reflected unanimous approval Glen Burford, representing Glennie's Office Supply, addressed the City Council 2 RECOMMENDATION: 7.1 Approve a one-year Agreement between the City of Temecula and Staples Advantage for $65,000 annually for the purchase of office supplies and related services, with the option to renew for three additional one-year terms. 8 Geotechnical, Material Testing, and Special Inspection Professional Services Agreement for the Roripaugh Ranch Street Improvements, Phase 1 — Project No. PW09-02 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 8.1 Approve an Agreement with Geocon West, Inc. to provide professional geotechnical, material testing, and special inspection services associated with the Roripaugh Ranch Street Improvements, Phase 1 — Project No. PW09-02, in the amount of $100,000 and authorize the Mayor to execute the Agreement; 8.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $10,000 which is equal to 10% of the Agreement amount. 9 Memorandum of Understanding and Amended Service Agreement with Eastern Municipal Water District for Water and Sewer Facilities Associated with the Roripaugh Ranch Street Improvements, Phase 1 — Project No. PW09-02 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Approve a Memorandum of Understanding (MOU) and a Standard Water and/or Sewer Facilities and Amended Service Agreement with Eastern Municipal Water District (EMWD) for water and sewer facilities associated with the Roripaugh Ranch Street Improvements, Phase 1 — Project No. PW09-02, and authorize the City Manager to execute the MOU and Service Agreement on behalf of the City; 9.2 Authorize payment of $67,900 to EMWD, as outlined in the amended Service Agreement, which represents EMWD engineering, inspection, and material/construction expenses for the project 10 Cooperative Agreement with Caltrans for Construction of Phase 1 of the French Valley Parkway Interchange — Project No. PW07-04 — Approved Staff Recommendation (5- 0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 3 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. 15 General Plan Amendment, Zone Change to PDO, Tentative Tract Map, Home Product Review and Mitigated Negative Declaration for Walcott Estates in Nicolas Valley (Planning Application Nos. PA10-0145, PA10-0146, PA10-0147, and PA10-0148) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A ZONE CHANGE AND GENERAL PLAN AMENDMENT FROM VL -VERY LOW DENSITY TO L -LOW DENSITY WITH A PDO; A TENTATIVE TRACT MAP TO SUBDIVIDE 25 ACRES INTO 45 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD, APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) 15.2 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0148, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL (APNS 957-170-032 THROUGH -036) 15.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0147, AN AMENDMENT TO THE DEVELOPMENT CODE FOR A ZONING MAP AND TEXT CHANGE FROM VERY LOW (VL) DENSITY RESIDENTIAL TO A PLANNED DEVELOPMENT OVERLAY (PDO) BASED ON THE STANDARDS OF THE LOW (L) DENSITY RESIDENTIAL DESIGNATION WITH PROVISIONS FOR A CLUSTER DEVELOPMENT (APNS 957-170-032 THROUGH -036) 11 10.1 Adopt a resolution entitled: RESOLUTION NO. 11-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COOPERATIVE AGREEMENT NO. 08-1508, BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE CITY OF TEMECULA FOR THE CONSTRUCTION OF THE FRENCH VALLEY PARKWAY/INTERSTATE-15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT — PHASE I 11 Agreement with Harris and Associates for Construction Management Services for Phase 1 of the French Valley Parkway Interchange Improvements — Project No. PW07-04 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: Accelerate the appropriation and funding in the amount of $566,270.30 from the Construction Engineering line item for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements, Phase I — Project No. PW07-04, from fiscal year 2012-13 to fiscal year 2011-12; 11.2 Approve an agreement with Harris & Associates in an amount not to exceed $2,332,973 to provide professional construction management services for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements, Phase I — Project No. PW07-04; 11.3 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $ 233,297.30, which is 10% of the agreement amount. 12 Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with the Western Riverside Council of Governments (WRCOG) for the French Valley Parkway/I- 15 Overcrossing and Interchange — Plans, Specifications, and Estimates (PS&E) Phase — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 12.1 Approve, in substantially the form attached, the TUMF Reimbursement Agreement, in the amount of $8,925,000, between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the French Valley Parkway/I-15 Overcrossing and Interchange — Plans, Specifications, and Estimates (PS&E) Phase (Agreement No. 06 -SW -TEM -1079); 12.2 Authorize the City Manager to execute the Agreement. 4 15.4 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0145, TENTATIVE TRACT MAP 36295 TO SUBDIVIDE 25 GROSS ACRES INTO 45 LOTS AND ASSOCIATED OPEN SPACE LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) 15.5 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0146, A HOME PRODUCT REVIEW APPLICATION FOR WALCOTT ESTATES LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, January 24, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE 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. 12 13 Increase to the Construction Contingency and City Manager Approval Authority for the Winchester Road Pavement Rehabilitation — Project No. PW10-11 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 13.1 Approve an increase to the contingency of the Pavement Rehabilitation Program, Winchester Road — Project No. PW10-11, in the amount of $80,000 and increase the City Manager approval authority by that same amount. 14 Notification to Business License Applicants of new State Legislation prohibiting Cities from requiring Employers to use E -Verify and of the Federal Law prohibiting Employers from knowingly hiring an Undocumented Worker — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 14.1 Receive and file this report describing the notices that Staff will include in business license applications beginning December 14, 2011, concerning E - Verify and federal law concerning the prohibition on hiring undocumented workers. 15 Second Reading of Ordinance No. 11-10 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 15.1 Adopt an ordinance entitled: ORDINANCE NO. 11-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS At 8:00 P.M., the City Council convened as the Temecula Community Services District, and the Redevelopment Agency. At 8:01 P.M., the City Council resumed with regular business. 5 PUBLIC HEARING 23 AB 1600 Financial Reports — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 23.1 Approve the AB 1600 Financial Reports for fiscal year ending June 30, 2011. CITY COUNCIL BUSINESS 24 Appointment of Mayor and Mayor Pro Tem for calendar year 2012 RECOMMENDATION: 24.1 Entertain motions from the City Council Members to appoint the Mayor to preside, effective January 1, 2012, to the end of calendar year 2012; Appointed Chuck Washington to serve as Mayor through calendar year 2012; (5-0-0) Mayor Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. 24.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2012, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the calendar year 2012. Appointed Mike Naggar to serve as Mayor Pro Tem through calendar year 2012; (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. 25 Community Service Funding Program for fiscal year 2011-12 - Approved Staff Recommendation in Regards to Funding Item No. 1, All from the Heart, Inc. (4-0- 1); Councilmember Comerchero made the motion; it was seconded by Council member Edwards; and voice vote reflected approval, with Council Member Washington abstaining. Approved Staff Recommendation in regards to funding Item No. 4, The Boys and Girls Club of Southwest County; (4-0-1) Council Member Naggar made the motion; it was seconded by Mayor Roberts; and voice vote reflected approval, with Council Member Edwards abstaining. Approved staff recommendation as amended, adding an additional appropriation of $2,500 to the Veterans of Foreign Wars. (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 25.1 Review and approve the fiscal year 2011-12 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $60,000 to 13 organizations. 6 DEPARTMENTAL REPORTS 26 City Council Travel/Conference Report - November 2011 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 8:25 P.M., the City Council meeting was formally adjourned to Tuesday, January 10, 2012, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 7 Ron Roberts, Mayor Supplemental Material for Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET DECEMBER 13, 2011 — 7:00 PM Mayor Roberts convened the City Council meeting convened at 7:01 P.M. Prelude Music: Music Heritage Foundation Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Presentation to Retiring City Manager Shawn Nelson PUBLIC COMMENTS CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of November 22, 2011. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 1 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-82 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 October 31, 2011 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronicvote reflected unanimous approval RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of October 31, 2011. 5 Financial Statements for the Three Months Ended September 30, 2011 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2011; 5.2 Approve an appropriation decrease of $147,145 for Operating Transfers Out in the State Transportation fund and an offsetting $147,145 increase for Operating Transfer Out in the State Gas Tax fund. 6 Vehicle Repair and Maintenance Agreement Amendment — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Approve a three-year Vehicle Repair and Maintenance Agreement Amendment with Old Town Tire & Service LLC, in an amount not to exceed $86,000 annually. Office Supplies and Related Services Agreement — Approved Substitute Motion to award one-year agreement to Glennies Office Supply, requesting they work with staff to improve statistical tracking (5-0-0) Council Member Comerchero made the motion; it was seconded by Council member Edwards; and electronic vote reflected unanimous approval Glen Burford, representing Glennie's Office Supply, addressed the City Council 2 RECOMMENDATION: 7.1 Approve a one-year Agreement between the City of Temecula and Staples Advantage for $65,000 annually for the purchase of office supplies and related services, with the option to renew for three additional one-year terms. 8 Geotechnical, Material Testing, and Special Inspection Professional Services Agreement for the Roripaugh Ranch Street Improvements, Phase 1 — Prolect No. PW09-02 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 8.1 Approve an Agreement with Geocon West, Inc. to provide professional geotechnical, material testing, and special inspection services associated with the Roripaugh Ranch Street Improvements, Phase 1 — Project No. PW09-02, in the amount of $100,000 and authorize the Mayor to execute the Agreement; 8.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $10,000 which is equal to 10% of the Agreement amount. 9 Memorandum of Understanding and Amended Service Agreement with Eastern Municipal Water District for Water and Sewer Facilities Associated with the Roripaugh Ranch Street Improvements, Phase 1 — Project No. PW09-02 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Approve a Memorandum of Understanding (MOU) and a Standard Water and/or Sewer Facilities and Amended Service Agreement with Eastern Municipal Water District (EMWD) for water and sewer facilities associated with the Roripaugh Ranch Street Improvements, Phase 1 — Project No. PW09-02, and authorize the City Manager to execute the MOU and Service Agreement on behalf of the City; 9.2 Authorize payment of $67,900 to EMWD, as outlined in the amended Service Agreement, which represents EMWD engineering, inspection, and material/construction expenses for the project 10 Cooperative Agreement with Caltrans for Construction of Phase 1 of the French Valley Parkway Interchange — Project No. PW07-04 — Approved Staff Recommendation (5- 0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 3 10.1 Adopt a resolution entitled: RESOLUTION NO. 11- 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COOPERATIVE AGREEMENT NO. 08-1508, BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE CITY OF TEMECULA FOR THE CONSTRUCTION OF THE FRENCH VALLEY PARKWAY/INTERSTATE-15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT — PHASE I 11 Agreement with Harris and Associates for Construction Management Services for Phase 1 of the French Valley Parkway Interchange Improvements — Project No. PW07-04 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 11.1 Accelerate the appropriation and funding in the amount of $566,270.30 from the Construction Engineering line item for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements, Phase I — Project No. PW07-04, from fiscal year 2012-13 to fiscal year 2011-12; 11.2 Approve an agreement with Harris & Associates in an amount not to exceed $2,332,973 to provide professional construction management services for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements, Phase I — Project No. PW07-04; 11.3 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $ 233,297.30, which is 10% of the agreement amount. 12 Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with the Western Riverside Council of Governments (WRCOG) for the French Valley Parkway/I- 15 Overcrossing and Interchange — Plans, Specifications, and Estimates (PS&E) Phase — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 12.1 Approve, in substantially the form attached, the TUMF Reimbursement Agreement, in the amount of $8,925,000, between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the French Valley Parkway/I-15 Overcrossing and Interchange — Plans, Specifications, and Estimates (PS&E) Phase (Agreement No. 06 -SW -TEM -1079); 12.2 Authorize the City Manager to execute the Agreement. 4 13 Increase to the Construction Contingency and City Manager Approval Authority for the Winchester Road Pavement Rehabilitation — Project No. PW10-11 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 13.1 Approve an increase to the contingency of the Pavement Rehabilitation Program, Winchester Road — Project No. PW10-11, in the amount of $80,000 and increase the City Manager approval authority by that same amount. 14 Notification to Business License Applicants of new State Legislation prohibiting Cities from requiring Employers to use E -Verify and of the Federal Law prohibiting Employers from knowingly hiring an Undocumented Worker — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 14.1 Receive and file this report describing the notices that Staff will include in business license applications beginning December 14, 2011, concerning E - Verify and federal law concerning the prohibition on hiring undocumented workers. 15 Second Reading of Ordinance No. 11-10 —Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 15.1 Adopt an ordinance entitled: ORDINANCE NO. 11-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS At 8:00 P.M., the City Council convened as the Temecula Community Services District, and the Redevelopment Agency. At 8:01 P.M., the City Council resumed with regular business. PUBLIC HEARING 23 AB 1600 Financial Reports — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 23.1 Approve the AB 1600 Financial Reports for fiscal year ending June 30, 2011. CITY COUNCIL BUSINESS 24 Appointment of Mayor and Mayor Pro Tem for calendar year 2012 RECOMMENDATION: 24.1 Entertain motions from the City Council Members to appoint the Mayor to preside, effective January 1, 2012, to the end of calendar year 2012; Appointed Chuck Washington to serve as Mayor through calendar year 2012; (5-0-0) Mayor Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. 24.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2012, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the calendar year 2012. Appointed Mike Naggar to serve as Mayor Pro Tem through calendar year 2012; (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. 25 Community Service Funding Program for fiscal year 2011-12 - Approved Staff Recommendation in Regards to Funding Item No. 1, All from the Heart, Inc. (4-0); Councilmember Comerchero made the motion; it was seconded by Council member Edwards; and voice vote reflected approval, with Council Member Washington absent. Mayor Pro Tem Washington has an economic interest in a business named California T's Screenprinting & Embroidery, Inc. The applicant, All From the Heart, was a retail customer of California T's and made purchase in excess of the threshold amount for conflicts within a period of one year. Therefore, Mayor pro Tem Washington left the Council Chambers during the discussion of this item and did not participate in the discussion or the vote on this item. Approved Staff Recommendation in regards to funding Item No. 4, The Boys and Girls Club of Southwest County; (4-0) Council Member Naggar made the motion; it was seconded by Mayor Roberts; and voice vote reflected approval, with Council Member Edwards absent. Council Member Edwards is the paid Executive Director of the Boys and Girls Club of Southwest County which is a 501(c)(3) charitable organization. Therefore, Council Member Edwards left the Council Chambers during the discussion of this item and did not participate in the discussion or the vote on this item. 6 Approved staff recommendation for the balance of the recommendation, other than Item No. 1, All From the Heart, and Item No. 4, Boys and Girls Club of Southwest County, as amended to add an additional appropriation of $2,500 to the Veterans of Foreign Wars. (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 25.1 Review and approve the fiscal year 2011-12 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $60,000 to 13 organizations. DEPARTMENTAL REPORTS 26 City Council Travel/Conference Report - November 2011 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 8:25 P.M., the City Council meeting was formally adjourned to Tuesday, January 10, 2012, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., -City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 7 Ron Roberts, Mayor Item No. 3 Approvals City Attorney Director of Finance City Manager Mf -- 71v) c -o CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: January 10, 2012 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. 12- 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. 12- 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 $7,994,153.05 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of January, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of January, 2012, 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 12/08/2011 TOTAL CHECK RUN $ 978,389.32 12/15/2011 TOTAL CHECK RUN 1,172,258.81 12/22/2011 TOTAL CHECK RUN 3,081,261.31 12/28/2011 TOTAL CHECK RUN 1,940,913.14 12/08/2011 TOTAL PAYROLL RUN: 416,053.06 12/22/2011 TOTAL PAYROLL RUN: 405,277.41 TOTAL LIST OF DEMANDS FOR 01/10/2011 COUNCIL MEETING: $ 7,994,153.05 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND 130 RECOVERY ACT JAG FUNDING 140 COMMUNITY DEV BLOCK GRANT 150 AB 2766 FUND 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 320 INFORMATION TECHNOLOGY 330 SUPPORT SERVICES 340 FACILITIES 380 RDA DEBT SERVICE FUND 395 2011 FINANCING LEASE 2001 & 2008 COPS 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 477 CFD- RORIPAUGH 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 700 CERBT CALIFORNIA EE RETIREE-GASB45 $ 2,545,883.17 605.92 5,034.30 1,636.10 1,891,139.61 525,426.74 77,749.74 6,423.95 15,012.34 20,246.46 818,283.91 4,400.00 232,040.00 62,450.01 10,369.81 54,919.70 809,549.38 10,649.35 4,552.55 55.68 1,470.09 1,531.77 1,731.30 233.64 1,726.66 4,423.13 711.69 6,435.11 129.42 296.96 102.84 6,006.66 1,438.42 625.53 586.34 915.79 80.50 4,206.18 2,233.39 6,079.36 11,512.02 205.92 363.87 6,648.89 2,051.25 81.83 394.68 9,436.56 130.11 4,603.95 $ 7,172,822.58 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 300 INSURANCE FUND 320 INFORMATION TECHNOLOGY 330 SUPPORT SERVICES 340 FACILITIES 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 700 CERBT CALIFORNIA EE RETIREE-GASB45 $ 481,864.73 29,669.98 199,890.25 770.22 3,229.77 1,966.62 2,431.31 2,758.93 37,070.28 11,775.84 24,216.81 168.15 112.70 133.72 24.50 271.23 49.25 69.60 460.64 3.61 20.87 12.75 307.25 65.36 37.66 33.01 76.78 6.25 284.76 152.21 412.77 698.92 17.31 18.33 393.09 126.89 5.65 18.33 579.67 10.14 21,114.33 821,330.47 TOTAL BY FUND: $ 7,994,153.05 apChkLst Final Check List Page: 1 12/08/2011 2:04:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1821 12/08/2011 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1822 12/08/2011 000444 INSTATAX (EDD) State Disability Ins Payment 22,500.51 22,500.51 1823 12/08/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 76,219.82 76,219.82 1824 12/08/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,552.98 2,552.98 SOLUTION 1825 12/08/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 13,306.67 13,306.67 SOLUTION 1826 12/08/2011 000245 PERS-HEALTH INSUR PERS Health Admin Cost Payment 78,941.52 PREMIUM Blue Shield HMO Payment 0.00 78,941.52 1827 12/08/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 130,017.05 130,017.05 RETIREMENT) 1828 12/08/2011 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment Child Care Reimbursement Payment 8,752.89 0.00 8,752.89 149229 12/08/2011 003552 A F LAC AFLAC Cancer Payment 3,137.01 3,137.01 149230 12/08/2011 010851 ADAMIAK, DAWN Reimb:led lights for light parade 12/2 79.26 79.26 149231 12/08/2011 008169 AL BARRAN, JAVIER CFD 88-12 reimb: FY07/08 253.94 253.94 149232 12/08/2011 006915 ALLIES PARTY EQUIPMENT rental equip: memorial svc 10/2 177.96 177.96 149233 12/08/2011 013015 ALWAYS RELIABLE backflow repair: rrsp 4,280.00 4,280.00 BACKFLOW 149234 12/08/2011 013332 ARMSTRONG GARDEN poinsettas:breakfast w/santa 12/10 448.25 448.25 CENTERS INC 149235 12/08/2011 014356 ARSENAL FUTBOL CLUB, INC. refund:soccer camp:lights:PHBSP 576.00 refund:soccer camp:lights:PHBSP 768.00 1,344.00 149236 12/08/2011 001445 ASSISTANCE LEAGUE OF refund:Santa's electric lite parade TEMECULA 149237 12/08/2011 004205 BALLET FOLKLORICO TCSD Instructor Eamings 25.00 25.00 280.00 280.00 Pagel apChkLst Final Check List Page: 2 12/08/2011 2:04:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 149238 12/08/2011 009538 BENOIT, INA L. 149239 12/08/2011 004040 BIG FOOT GRAPHICS 149240 12/08/2011 012431 BOON E, JASON 149241 12/08/2011 014433 BOWCON COMPANY, INC 149242 12/08/2011 012434 BUILDING EXCHANGE COMPANY 149243 12/08/2011 006908 C C & COMPANY INC Description Amount Paid Check Total Santa Claus:Old Town 11/25-27 Santa Claus:Old Town 12/10-11 Santa Claus:Old Town 12/3-4 1,250.00 500.00 750.00 2,500.00 graphic design'12 rec guide 1,550.00 TCSD instructor earnings 532.00 TCSD instructor earnings 336.00 TCSD instructor earnings 525.00 2,943.00 CFD 88-12 Reimbursement FY 07/08 482.48 482.48 Nov const:ped/bicycle bridge 87,060.42 87,060.42 CFD 88-12 Reimbursement FY 07/08 203.16 203.16 entertainment:tree lighting 12/1 225.00 225.00 149244 12/08/2011 001054 CALIF BUILDING OFFICIALS CALBO seminar: B&S/Code Enf 149245 12/08/2011 004248 CALIF DEPT OF JUSTICE-ACCTING 149246 12/08/2011 013039 CALIFORNIA BUSINESS CONDOS 1,350.00 1,350.00 OCT FINGERPRINTING SVCS: PD/HR 3,686.00 Oct DUI &drag screens:police 1,365.00 refund: eng grad dep TM 31259 995.00 5,051.00 995.00 149247 12/08/2011 004971 CANON FINANCIAL SERVICES, Dec copier leases: civic center 3,004.54 INC Nov copier lease: Fire Dept 182.55 3,187.09 149248 12/08/2011 006114 CASEY, MARGIE reimb:refreshments tree trimming 12/7 111.92 reimb: christmas tree civic center 209.00 320.92 149249 12/08/2011 009640 CERTIFION CORPORATION Oct dbase subscr: police 150.00 150.00 149250 12/08/2011 014543 CHAVEZ, YESENIA refund:sec dep:rm rental:Harveston ctr 200.00 200.00 149251 12/08/2011 000137 CHEVRON AND TEXACO City vehicles fuel: CM 265.95 265.95 149252 12/08/2011 012440 CLAUDIO, HEREL B CFD 88-12 reimbursement FY07/08 355.50 355.50 149253 12/08/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES Page2 apChkLst Final Check List Page: 3 12/08/2011 2:04:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149254 12/08/2011 002756 COMPLETE EMBROIDERY uniforms:police bicycle team 64.65 64.65 DESIGNS 149255 12/08/2011 013286 CONN EXON TELECOM INC Nov 911 routing svc: Info Tech 360.00 360.00 149256 12/08/2011 001264 COSTCO WHOLESALE employee computer loan program 1,013.60 1,013.60 149257 12/08/2011 010650 CRAFTSMEN PLUMBING & heater repair: fld op ctr 3,790.00 3,790.00 HVAC INC 149258 12/08/2011 013560 CROWN BUILDING MAINT CO Oct janitorial svc: city facilities 4,077.02 INC Oct janitorial svc: Fld Op Ctr 763.80 4,840.82 149259 12/08/2011 014169 CUB SCOUT PACK#148 refund:security deposit Amphitheater 150.00 150.00 149260 12/08/2011 012614 DBX, INC. pull boxes:marg rd enhancement 779.00 779.00 149261 12/08/2011 007057 DERN BACH, ESTHER MARIE TCSD instructor earnings 1,039.50 1,039.50 149262 12/08/2011 004192 DOWNS COMMERCIAL Fuel for City vehicles: Police 61.07 FUELING INC 149263 12/08/2011 001669 DUNN EDWARDS CORPORATION 149264 12/08/2011 005880 EDGE DEVELOPMENT INC. 149265 12/08/2011 011202 EMH SPORTS & FITNESS INSTITUTE 149266 12/08/2011 000164 ESGIL CORPORATION 149267 12/08/2011 014544 FLOWERS, ANGEL Fuel for City vehicles: Code Enf Fuel for City vehicles: B&S Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Maint Fuel for City vehicles: PW Lnd Dv Fuel for City vehicles: PW ldv/npdes/cip Fuel for City vehicles: TCSD graffiti removal supplies: pw maint release stop notice: Lozano Caseworks TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Oct plan check svcs: B&S credit:billing adj pinck B11-1855 refund:sec dep:rm rental:Harveston ctr 149268 12/08/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 567.43 354.22 518.45 1,628.09 138.95 284.68 1,975.72 5,528.61 89.62 89.62 202,742.50 202,742.50 262.50 157.50 189.00 609.00 15,353.41 -461.86 14,891.55 200.00 200.00 50.00 50.00 Pages apChkLst Final Check List Page: 4 12/08/2011 2:04:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149269 12/08/2011 008016 G & M CUSTOM UPHOLSTERY upholstery repair: pd motorcyles 75.00 75.00 149270 12/08/2011 003946 G T ENTERTAINMENT mc svcs: santa's electric parade 350.00 dj/mc svcs:breakfast w/santa 12/10 350.00 700.00 149271 12/08/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 11/19 1,084.50 1,084.50 149272 12/08/2011 005405 GILLILAND, ROBIN reimb:lunch sister city guests 11/29 150.77 150.77 149273 12/08/2011 009608 GOLDEN VALLEY MUSIC sttlmnt: Classics at the Merc Nov '11 1,129.80 1,129.80 SOCIETY 149274 12/08/2011 014546 GREEN, DARRELL refund:viol dismissed:prkg cite #80839 30.00 30.00 149275 12/08/2011 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 728.00 728.00 149276 12/08/2011 002701 HUB INT'L INSURANCE Nov special events premiums 790.15 790.15 SERVCS INC 149277 12/08/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 5,281.21 5,281.21 303355 149278 12/08/2011 009693 INLAND VALLEY CLASSICAL sttlmnt: Nutcracker Ballet Nov' 11 6,512.04 6,512.04 BALLET 149279 12/08/2011 014548 INTENSITY GYM, INC. refund:Santa's electric lite parade 35.00 35.00 149280 12/08/2011 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 140.00 140.00 149281 12/08/2011 013200 JAROTH INC Dec pay phones:duck pond,Library,CRC 212.64 212.64 149282 12/08/2011 014549 JEFFERSON, MALINDA refund:sec dep:rm rental:Harveston Ctr 200.00 200.00 149283 12/08/2011 012462 KIMCO PALM PLAZA CFD 88-12 reimbursement FY 07/08 16,328.22 16,328.22 149284 12/08/2011 013987 LAW OFFICES OF OCT LEGAL SVC:ROW WEST BYPASS 968.25 968.25 149285 12/08/2011 003975 LAWRENCE, JEFF reimb: microphones CRC 86.18 86.18 149286 12/08/2011 000482 LEIGHTON CONSULTING INC 8/9-11/13 geotech svc:pw 10-11 14,028.70 14,028.70 Page4 apChkLst Final Check List Page: 5 12/08/2011 2:04:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149287 12/08/2011 014228 LSK, LLC Dec facility lease:harveston center 149288 12/08/2011 013982 MCI COMM SERVICE 4,714.00 4,714.00 Nov xxx-0346 general usage 30.15 Nov xxx-0714 gen use:PD mall alarm 31.06 61.21 149289 12/08/2011 003782 MAIN STREET SIGNS Misc signs:PW Maint 4,927.41 Misc signs:PW Maint 1,012.85 Signage: various park sites 4,344.48 10,284.74 149290 12/08/2011 004307 MARINE BIOCHEMISTS Nov water maint srvcs:Harv/Duck Pond 3,900.00 3,900.00 149291 12/08/2011 012364 MASTERS, TRACY Reimb:rfrshmnts-Harveston/Sister City 61.43 61.43 149292 12/08/2011 006571 MELODYS AD WORKS INC. Reimbursement:marketing expenses 83.56 DEC MARKETING & PROMO SRVCS:OLD 3,500.00 Reimbursement:marketing expenses 162.08 3,745.64 149293 12/08/2011 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,150.92 7,150.92 COMPANY 149294 12/08/2011 009541 MEYER AND ASSOCIATES Oct profsrvcs:TCC Expansion 1,078.22 1,078.22 149295 12/08/2011 012962 MILLER, MISTY TCSD Instructor Eamings 392.00 392.00 149296 12/08/2011 014547 MILSTEAD, THOMAS refund:viol dismissed:prkg cite #79508 305.00 305.00 149297 12/08/2011 013965 MONOPRICE, INC. Misc hardware supplies:info tech 87.64 87.64 149298 12/08/2011 013375 MYERS-RUSSO, ERICA TCSD Instructor Eamings 134.40 TCSD Instructor Eamings 134.40 TCSD Instructor Eamings 315.00 TCSD Instructor Eamings 168.00 TCSD Instructor Eamings 33.60 TCSD Instructor Eamings 40.00 825.40 149299 12/08/2011 008234 NEDELJKOVIC, VERA CFD 88-12 Reimbursement FY07/08 355.50 355.50 149300 12/08/2011 008820 NEIGHBORS NEWSPAPER Nov advertising: Old Town Winterfest 250.00 250.00 149301 12/08/2011 002139 NORTH COUNTY TIMES Nov advertising:Temecula Presents 362.88 Nov public ntcs:Planning/City Clerk 398.88 761.76 149302 12/08/2011 002139 NORTH COUNTY TIMES 11/26/11-11/25/12 subscr:Thtr 98235 165.00 165.00 Pages apChkLst 12/08/2011 2:04:34PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 149303 12/08/2011 010167 ODYSSEY POWER CORPORATION (Continued) Description Amount Paid Check Total REPAIRS:CITYWIDE FACILITIES 149304 12/08/2011 003964 OFFICE DEPOT BUSINESS SVS Misc. office supplies:childrens mus DIV 149305 12/08/2011 002105 OLD TOWN TIRE & SERVICE 149306 12/08/2011 002105 OLD TOWN TIRE & SERVICE 149307 12/08/2011 002105 OLD TOWN TIRE & SERVICE 149308 12/08/2011 012112 PALUMBOS RISTORANTE 149309 12/08/2011 002331 PEP BOYS INC 149310 12/08/2011 000249 PETTY CASH 149311 12/08/2011 010338 POOL & ELECTRICAL PRODUCTS INC 149312 12/08/2011 005820 PRE -PAID LEGAL SERVICES INC 149313 12/08/2011 010491 PRIORITY MAILING SYSTEMS INC. 149314 12/08/2011 012486 PROPERTY ASSET MGMT INC 149315 12/08/2011 002012 R D 0 EQUIPMENT COMPANY 149316 12/08/2011 000271 RBF CONSULTING 149317 12/08/2011 004584 REGENCY LIGHTING City Vehicle Maint City Vehicle Maint City Vehicle Maint City Vehicle Maint City Vehicle Maint City Vehicle Maint City Vehicle Maint City Vehicle Maint CITY VEHICLE M Svcs:TCSD Svcs:TCSD Svcs:TCSD Svcs:TCSD Svcs:TCSD Svcs:PW Land Dev Svcs:PW Land Dev Svcs:PW Land Dev AINT SVCS:PW MAINT City Vehicle Maint Svcs:Bldg & Safety refreshments:holiday parade 12/2 Vehicle repair & maint:pw maint Petty Cash Reimbursement Pool supplies & chemicals:Aquatics PrePaid Legal Services Payment Postage meter supplies:central svcs CFD 88-12 Reimbursement FY 07/08 Equip repair & maint:pw maint OCT ENG SRVCS:I-15/SR-79 ULT. INTRCHG Tree lighting: duck pond 1,587.48 93.18 606.90 51.50 515.24 60.02 139.30 36.27 90.20 70.10 154.37 55.00 1,896.40 32.31 589.05 377.32 221.25 243.16 656.04 60.21 9,677.27 1,587.48 93.18 1,372.96 350.94 55.00 1,896.40 32.31 589.05 377.32 221.25 243.16 656.04 60.21 9,677.27 2,042.96 2,042.96 Pages apChkLst Final Check List Page: 7 12/08/2011 2:04:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 149318 12/08/2011 003591 RENES COMMERCIAL MANAGEMENT Description Amount Paid Check Total Weed abatement:french vly pkwy 1,475.00 Weed abatement:city lots 10,975.00 Debris clean up:city right of ways 149319 12/08/2011 002412 RICHARDS WATSON & Oct 2011 legal services GERSHON 149320 12/08/2011 001365 RIVERSIDE COUNTY OF health permit: Old Town Winterfest 149321 12/08/2011 004822 RIVERSIDE TRANSIT AGENCY Aug '11 trolley services Sept '11 trolley services Oct '11 trolley services 2,655.00 15,105.00 78,499.38 78,499.38 177.00 177.00 1,636.10 1,636.10 1,636.10 4,908.30 149322 12/08/2011 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 707.37 707.37 149323 12/08/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 149324 12/08/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 149325 12/08/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 149326 12/08/2011 009213 SHERRY BERRY MUSIC Jazz © the Merc 12/1 577.00 577.00 149327 12/08/2011 009746 SIGNS BYTOMORROW Signs:civic center 168.18 PUBLIC NTC POSTING XX -0317/318: PLA 148.10 PUBLIC NTC POSTING XX -0317/318: PLA 148.10 464.38 149328 12/08/2011 000645 SMART & FINAL INC Misc supplies:VIP tent © holiday parade 149329 12/08/2011 000374 SO CALIF EDISON newmtr & srvc:Madison & McCabe Court 85.70 85.70 1,404.54 1,404.54 Page:7 apChkLst Final Check List Page: 8 12/08/2011 2:04:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 149331 12/08/2011 000537 SO CALIF EDISON 149332 12/08/2011 001212 SO CALIF GAS COMPANY 149333 12/08/2011 000519 SOUTH COUNTY PEST CONTROL INC 149337 12/08/2011 007762 STANDARD INSURANCE COMPANY Description Amount Paid Check Total Nov 2-14-204-1615:30027 Front st rdio 32.28 Nov 2-29-224-0173:Fire Stns 2,507.79 Nov 2-19-171-8568:28300 Mercedes 75.30 Nov 2-18-937-3152:28314 Mercedes 561.16 Nov 2-02-351-4946:Senior Center 841.86 Nov 2-29-223-8607:42035 2nd St PED 490.86 Nov 2-31-404-6020:28771 OT Frnt St 1,596.95 Nov 2-25-393-4681:41951 Moraga Rd 289.50 Nov 2-27-805-3194:42051 Main St 3,432.60 Nov 2-28-629-0507:30600 Pauba Rd 5,760.50 Nov 2-30-520-4414:32781 Tem pkwy 816.98 Nov 2-31-031-2590:28301 Rancho Cal 5241 Nov 2-28-904-7706:32329 Overland Trl 164.51 Nov 2-27-371-8494:42189 Winchester 30.46 Nov 2-31-536-3226:28690 Mercedes 1,236.43 Nov 2-32-903-8293:41000 Main St 10,780.35 Nov 2-00-397-5042:43200 Bus Pk Dr 934.82 Nov 2-02-502-8077:43210 Bus Pk Dr B 347.29 Nov 2-29-933-3831:43230 Bus Pk Dr 1,334.87 Nov 2-31-912-7494:28690 Mercedes 1,271.86 Nov 2-29-807-1093:28079 Diaz PED 22.17 Nov 2-29-807-1226:28077 Diaz PED 22.17 Nov 2-31-031-2616:27991 Diaz PED 2244 Nov 2-31-936-3511:46488 Pechanga 49.29 Nov 2-29-953-8447:31738 Wolf vly rd 24.19 Nov 2-29-657-2332:45538 Redwood 25.23 Nov 2-30-220-8749:45850 N Wolf crk 733.12 Nov 2-29-953-8249:46497 Wolf crk dr 26.69 Nov 2-29-953-8082:31523 Wolf vly rd 26.96 Nov 2-29-458-7548:32000 Rancho Cal 401.76 Nov 2-31-419-2873:43000 Hwy 395 22.03 Nov 2-31-282-0665:27407 Diaz rd PED 21.82 Nov 2-00-397-5067:TCSD svc lev C 2,143.47 Nov 2-29-657-2787:41638 Winchester 20.52 Nov 2-31-536-348141902 Main St 283.52 Nov 2-31-536-3655:41904 Main St 1,046.17 37,450.33 Nov 091-085-1632-0:TES pool 15.78 15.78 Pest control srvcs:fire station 92 42.00 Pest control srvcs:foc 94.00 136.00 Mandatory Life Insurance Payment 8,779.66 8,779.66 Pages apChkLst Final Check List Page: 9 12/08/2011 2:04:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 149338 12/08/2011 012723 STANDARD INSURANCE COMPANY 149339 12/08/2011 003000 STATE WATER RESOURCES 149340 12/08/2011 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Voluntary Supp Life Insurance Payment Storm water permit:O.T. Infrastructure Misc supplies:skate park 711.40 711.40 582.00 582.00 143.57 Misc supplies:mpsc 149.35 Misc supplies:aquatics pgrm 36.46 Misc supplies:crc 214.92 Misc supplies:crc 9.72 554.02 149341 12/08/2011 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,772.00 4,772.00 149342 12/08/2011 012265 TEMECULA ACE HARDWARE MISC HARDWARE SUPPLIES:CSD 20.35 20.35 C/O MAINT 149343 12/08/2011 000168 TEMECULA FLOWER CORRAL Sunshine Fund 135.66 149344 12/08/2011 009470 TEMECULA LIONS CLUB refund:sec dep:rm rental:TCC 150.00 149345 12/08/2011 000311 TEMECULA VALLEY HIGH refund:sec dep:CRC:football banquet SCHOOL 149346 12/08/2011 009194 TEMECULA VALLEY NEWS Nov advertising: Temecula Presents 149347 12/08/2011 005970 TEMECULA VALLEY PLAYERS Tckt advance:A Christmas Carol Dec' 11 149348 12/08/2011 011090 TEMECULA VALLEY bus transportation:csd excursion TRANSPORTATION 149349 12/08/2011 001022 THOMPSON PUBLISHING Federal grants mgmt handbook:Finance GROUP INC 149350 12/08/2011 010276 TIME WARNER CABLE 150.00 143.20 16,500.00 454.30 135.66 150.00 150.00 143.20 16,500.00 454.30 413.99 413.99 Dec high speed internet:42081 Main St 58.49 Dec high speed internet:30600 Pauba Rd 524.56 Dec high speed internet:40135 Village Rd 224.95 149351 12/08/2011 000668 TIMMY D PRODUCTIONS INC Sound & lighting tech: roctober fest 149352 12/08/2011 003031 TRAFFIC CONTROL SERVICE INC 149353 12/08/2011 004001 U C REGENTS Traffic control equip:childrens mus Misc supplies:pw traffic Turfgrass/Idscp wrkshp 12/14 M.Wiechec 808.00 825.00 825.00 913.72 989.15 85.00 1,902.87 85.00 Page9 apChkLst Final Check List Page: 10 12/08/2011 2:04:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 149354 12/08/2011 002702 U S POSTAL SERVICE Description Amount Paid Check Total Sept '11 postage meter deposit 1,503.97 Postage meter deposit 3,700.00 5,203.97 149355 12/08/2011 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 191.50 191.50 EDUCATION 149356 12/08/2011 014545 UMALI, MARILYN refund:sec dep:rm rental:CRC 150.00 150.00 149357 12/08/2011 000325 UNITED WAY United Way Charities Payment 51.00 51.00 149358 12/08/2011 004864 V N W CIRCLE OF CARE INC CDBG reimbursement pmt #2 3,034.30 3,034.30 149359 12/08/2011 004794 VALLEY WINDS COMMUNITY Autumn Serenade performance 11/1 1,060.10 1,060.10 149360 12/08/2011 014542 VAN NYHUS, JON refund:ping ref dep:42540 Rio Nedo 2,128.00 2,128.00 149361 12/08/2011 004789 VERIZON Nov Internet svcs:Harveston Center 80.91 Dec Internet svc:SW DSL:PD:Jones,C. 39.95 120.86 149362 12/08/2011 014486 VERIZON WIRELESS Novxxx-4815/4885:RR,ME 201.10 201.10 149363 12/08/2011 010399 VOLKER LUTZ ENTERPRISE Refreshments:Brkfst w/Santa 12/10 2,660.08 2,660.08 INC 149364 12/08/2011 013613 WORTHINGTON, PAULA reimb:Holiday lights & Parade 131.90 131.90 149365 12/08/2011 000348 ZIGLER, GAIL Reimb:Sister City/14th ann'I tree 108.15 108.15 Grand total for UNION BANK OF CALIFORNIA: 978,389.32 Page:10 apChkLst Final Check List Page: 11 12/08/2011 2:04:34PM CITY OF TEMECULA 141 checks in this report. Grand Total All Checks. 978,389.32 Pagel 1 apChkLst Final Check List Page: 1 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1829 12/12/2011 013937 FIRST AMERICAN TITLE 921-480-019 murr crk brdg/overland 10,463.00 10,463.00 INSURANCE 1830 12/13/2011 005460 U S BANK '07 RDA debt service pmt 127,853.13 127,853.13 1831 12/13/2011 005460 U S BANK '07 RDA debt service pmt 681,696.25 681,696.25 149366 12/15/2011 003203 ARTISTIC EMBROIDERY embroidery svcs: TCSD staff shirts 96.98 96.98 149367 12/15/2011 004973 ABACHERLI, LINDI TCSD instructor earnings 680.00 680.00 149368 12/15/2011 013367 ACTIVE MICRO INC misc tools/equip: pw traffic 492.63 misc tools/equip: pw traffic 496.47 Misc tools/equip: pw traffic 693.93 billing adj:rec'd (6) fuses chgd (4) 18.42 1,701.45 149369 12/15/2011 004802 ADLERHORST INTERNATIONAL Nov training: PD K-9 Rudy/Astin 283.34 283.34 INC 149370 12/15/2011 014170 AHERN RENTALS INC repair genie lift: PW Facilities 265.64 265.64 149371 12/15/2011 009374 ALLEGRO MUSICAL VENTURES piano tuning svc: theater 170.00 170.00 149372 12/15/2011 009033 ALLEN, STEVEN L. photography svc:tree lighting 12/1 300.00 300.00 149373 12/15/2011 006915 ALLIES PARTY EQUIPMENT equip rental: Old Town holidays 30.82 30.82 149374 12/15/2011 012943 ALPHA MECHANICAL SERVICE HVAC MAINT: LIBRARY 729.00 INC HVAC MAINT: CH MUSEUM HVAC MAINT: TCC HVAC MAINT: TCC HVAC MAINT: CRC HVAC MAINT: FLD OP CTR HVAC maint: Stn 84 HVAC maint: Stn 73 HVAC maint: Stn 92 149375 12/15/2011 009787 ALTEC INDUSTRIES INC vehicle repair/maint:pw)tcsd 201.00 97.00 120.00 800.00 283.00 211.00 58.00 292.00 2,791.00 3,144.93 3,144.93 Pagel apChkLst Final Check List Page: 2 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149376 12/15/2011 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 466.18 (AFN) DUI & drug screenings: Police 369.04 DUI & drug screenings: Police 580.94 Dec Stand By Fee: Police 1,248.00 DUI & drug screenings: Police 534.04 3,198.20 149377 12/15/2011 000936 AMERICAN RED CROSS misc supplies: aquatics pgrm 15.00 15.00 149378 12/15/2011 013353 AMERICASPRINTER.COM printing svcs:winterfest cards 524.82 524.82 149379 12/15/2011 013950 AQUA CHILL OF SAN DIEGO Nov drinking water: police 26.94 Nov drinking water svc:civic ctr 148.70 175.64 149380 12/15/2011 006209 ASSOCIATION OF CHILDREN'S 11/12 annual mb: Ch Museum 885.00 885.00 149381 12/15/2011 011961 AT&T MOBILITY Nov Trip wires:graffitti:Police 136.22 136.22 149382 12/15/2011 009538 BENOIT, INA L. Santa Claus:Old Town 12/16-18 1,000.00 1,000.00 149383 12/15/2011 004040 BIG FOOT GRAPHICS STAFF SHIRTS: HOLIDAY PARADE 1,632.00 1,632.00 149384 12/15/2011 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 907.00 DUI & drug screenings: Police 1,234.62 2,141.62 149385 12/15/2011 014284 BLAKELY'S TRUCK SERVICE vehicle repair/maint: pw maint 331.04 331.04 149386 12/15/2011 014329 BOOK WHOLESALERS, INC returned books: Library -87.59 returned books: Library -6.46 (5) BOOKS: LIBRARY 127.92 (5) BOOKS: LIBRARY 74.16 (76) BOOKS: LIBRARY 1,056.08 (21) BOOKS: LIBRARY 408.31 (5) BOOKS: LIBRARY 72.32 (20) BOOKS: LIBRARY 360.48 (2) BOOKS: LIBRARY 26.49 (6) BOOKS: LIBRARY 91.13 (1) BOOK: LIBRARY 20.35 (12) BOOKS: LIBRARY 159.56 (6) BOOKS: LIBRARY 51.83 (9) BOOKS: LIBRARY 161.09 (7) BOOKS: LIBRARY 91.20 (4) BOOKS: LIBRARY 23.01 (40) BOOKS: LIBRARY 690.99 (4) BOOKS: LIBRARY 59.37 3,380.24 Page:2 apChkLst Final Check List Page: 3 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149387 12/15/2011 014299 BOOKS ON TAPE (1) book on tape: Library 25.86 (1) book on tape: Library 32.33 (1) book on tape: Library 36.37 (1) book on tape: Library 28.28 122.84 149388 12/15/2011 004380 BOY SCOUTS OF AMERICA '11 grant funding pgrm 1,000.00 1,000.00 149389 12/15/2011 009082 C B C TECHNICAL INC MISC TECHNICAL SUPPLIES: 28.56 28.56 THEATER 149390 12/15/2011 006908 C C & COMPANY INC entertainment: OT Wintertest 900.00 149391 12/15/2011 006908 C C & COMPANY INC Marionettes: OT Winterfest 800.00 149392 12/15/2011 012878 C S OFFICE INTERIORS computer equip: info tech 149393 12/15/2011 003138 CAL MAT PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials 149394 12/15/2011 013940 CALVARY MURRIETA HIGH '11 Santa's Light Parade participant SCHOOL 837.07 239.21 412.15 397.94 450.07 451.55 441.88 156.61 140.03 167.62 805.22 88.36 293.93 465.82 876.08 440.40 900.00 800.00 837.07 5,826.87 300.00 300.00 149395 12/15/2011 004228 CAMERON WELDING SUPPLY welding supplies: various parks 58.15 welding supplies: various parks 56.50 114.65 149396 12/15/2011 000131 CARL WARREN & COMPANY Nov liability claims mgmnt:finance 111.65 111.65 INC 149397 12/15/2011 003775 CHAPARRAL HIGH SCHOOL '11 Santa's Light Parade participant 300.00 300.00 149398 12/15/2011 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,597.55 1,597.55 Page:3 apChkLst Final Check List Page: 4 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 149399 12/15/2011 005708 CLEAR CHANNEL BROADCASTING INC 149400 12/15/2011 014520 COLD STAR, INC 149401 12/15/2011 012401 COMPRESSED AIR SPECIALTIES INC 149402 12/15/2011 000447 COMTRONIX COMMUNICATIONS Description Amount Paid Check Total advertising: OT Quilt Show 695.00 695.00 Snow:Winter Wonderland 12/16 6,176.23 6,176.23 Breathing Air Maint: Stn 92 852.56 852.56 spotlights:park ranger vehicle 593.34 593.34 149403 12/15/2011 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: theater 26.40 DIST. misc electrical supplies: civic ctr 71.12 lighting supplies: civic center 4,094.50 149404 12/15/2011 014521 COSTAR GROUP Aug website subscr: econ dev 493.94 INFORMATION, INC Sept website subscr: econ dev Oct website subscr: econ dev Dec website subscr: econ dev Nov website subscr: econ dev 348.00 348.00 348.00 348.00 4,192.02 1,885.94 149405 12/15/2011 001264 COSTCO WHOLESALE misc supplies:emp luncheon 12/7 333.96 supplies: retirement reception 12/8 575.01 misc supplies:tree lighting 12/1 298.28 1,207.25 149406 12/15/2011 010650 CRAFTSMEN PLUMBING & plumbing svcs: Stn 84 288.75 HVAC INC ICE MACHINE REPLACEMENT: STN 2,343.17 2,631.92 149407 12/15/2011 005766 DATA BUSINESS SYSTEMS INC 1099 misc tax forms: finance 280.85 280.85 149408 12/15/2011 004382 DEKRA LITE INC STAR: TREE LIGHTING CEREMONY 12/1 149409 12/15/2011 003945 DIAMOND ENVIRONMENTAL SRVCS 714.11 714.11 generator rentals: parade 12/2 6,711.00 portable restrooms: parade 12/2 Dec restroom svc: Vail Ranch Park Dec restroom svc: Veterans Park Dec restroom svc: Lng Cyn Park Dec restroom svc: Riverton Park 149410 12/15/2011 013939 DOROTHY MCELHINNEY '11 Santa's Light Parade participant MIDDLE 149411 12/15/2011 004192 DOWNS COMMERCIAL Fuel for City vehicles: TCSD FUELING INC 877.09 52.78 52.78 52.78 52.78 7,799.21 200.00 200.00 46.45 46.45 Page:4 apChkLst 12/15/2011 4:59:22PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 149412 12/15/2011 002528 EAGLE GRAPHIC CREATIONS recognition cert frames: TCC INC 149413 12/15/2011 007319 EAGLE ROAD SERVICE & TIRE INC 149414 12/15/2011 004068 ECALDRE MANALILI-DE VILLA, AILEEN 149415 12/15/2011 011203 149416 12/15/2011 003665 149417 12/15/2011 001056 ENVIRONMENTAL CLEANING EXCEL COMMERCIAL EXCEL LANDSCAPE 149418 12/15/2011 009953 FEDERAL CLEANING CONTRACTORS 149419 12/15/2011 010804 FEHR & PEERS ASSOCIATES 149420 12/15/2011 003747 FINE ARTS NETWORK 149421 12/15/2011 003347 FIRST BANKCARD CENTER 009568 SEW WHAT? INC. 006952 PAYPAL 000871 HILTON 001060 HYATT 012112 PALUMBOS RISTORANTE 000175 GOVERNMENT FINANCE OFFICERS 006952 PAYPAL 149422 12/15/2011 007866 G C S SUPPLIES INC vehicle repair/maint: pw maint vehicle repair/maint: pw maint TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Nov restroom svc: TCSD parks Nov janitorial svcs:pd substation Nov long distance phone svcs landscape maint: PBSP LANDSCAPE MAINT: PBSP LANDSCAPE MAINT: REDHAWK PAF LANDSCAPE MAINT: PALA PARK DEC JANITORIAL SRVCS:PD MALL OFFICE Jul/Aug cnslt svc:jefferson corridor Caroling Old Town Winterfest HP theater drapes HP Verisign Payflow Pro Transaction RR htl:SCAG mtg LA 11/3 RR htl:NLC mtg Phoenix 11/8-12 GY lunch:labor relations mtg 11/9 GW '11 application budget award GW Verisign Payflow Pro Transaction Amount Paid Check Total 174.12 32.56 308.94 462.00 420.00 210.00 98.00 420.00 280.00 140.00 5,265.00 571.86 54.39 225.00 1,150.92 900.00 1,500.00 625.00 1,173.03 2,700.00 568.48 181.30 121.00 919.20 52.67 550.00 59.95 toner & ink cartridges: info tech 825.00 toner & ink cartridges: info tech 174.12 341.50 2,030.00 5,836.86 54.39 3,775.92 625.00 1,173.03 2,700.00 2,452.60 1,569.64 2,394.64 Page:5 apChkLst Final Check List Page: 6 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 149423 12/15/2011 010326 G E MOBILE WATER, INC 149424 12/15/2011 001937 GALLS INC 149425 12/15/2011 013076 GAUDET, YVONNE M. 149426 12/15/2011 006595 GFI USA INC 149427 12/15/2011 000177 149428 149429 149430 12/15/2011 014405 12/15/2011 008444 12/15/2011 014402 149431 12/15/2011 005311 (Continued) GLENNIES OFFICE PRODUCTS INC GORM INCORPORATED GREAT OAK HIGH SCHOOL GROEPPER, BROOKE H2O CERTIFIED POOL WATER SPCL. 149432 12/15/2011 000520 HDL COREN & CONE INC 149433 12/15/2011 001135 HEALTHPOINTE MEDICAL GROUP INC 149434 12/15/2011 013321 HESS, JOHN 149435 12/15/2011 004811 HEWLETT PACKARD Description Nov power washer rent:Stn 73 Nov power washer maint: Stn 73 uniforms: pd traffic unit uniform svc: police volunteers uniforms: pd traffic unit uniform svc: police volunteers uniform svc: police volunteers TCSD instructor earnings 11/12 software maint: faxmaker Office Supplies: Info Tech Office Supplies: Fire Dept Office Supplies: City Clerk Office Supplies: Planning Office Supplies: TCSD Office supplies: PW Office Supplies: Finance cleaning supplies:PW Facilities '11 Electric Light Parade Stipend TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Nov fountain maint: town square Nov pool maint: CRC/TES Nov fountain maint: civic center Oct -Dec cnslt svc: property tax emp industrial care svcs: HR entertainment: OT Winterfest (13) monitors: library Amount Paid Check Total 25.86 59.00 265.00 26.81 267.16 4.31 96.10 668.50 1,167.20 532.02 432.40 65.15 54.36 1,718.05 505.86 539.00 1,621.59 300.00 2,301.89 3,276.00 2,226.57 1,528.80 175.00 900.00 500.00 5,250.00 58.00 300.00 84.86 659.38 668.50 1,167.20 3,846.84 1,621.59 300.00 9,333.26 1,575.00 5,250.00 58.00 300.00 3,017.56 3,017.56 Page:6 apChkLst Final Check List Page: 7 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 149436 12/15/2011 001013 HINDERLITER DE LLAMAS & 2nd qtr '11 cnslt svc: sales tax ASSOC 149437 12/15/2011 001517 HORIZON HEALTH Amount Paid Check Total 3,438.29 3,438.29 credit billing adj: Nov emp 152 not 155 -13.20 NOV EAP SVCS: HR 149438 12/15/2011 010530 I P C INDUSTRIES INC golf cart rentals: Tight parade 12/2 682.00 668.80 786.58 786.58 149439 12/15/2011 013420 INGRAM LIBRARY SERVICES (1) BOOK: LIBRARY 19.83 INC (3) BOOKS: LIBRARY (1) BOOK: LIBRARY (1) BOOK: LIBRARY (2) BOOKS: LIBRARY (1) BOOK: LIBRARY (1) BOOK: LIBRARY (7) BOOKS: LIBRARY (3) BOOKS: LIBRARY (1) BOOK: LIBRARY 149440 12/15/2011 012342 INLAND CUTTER SERVICE INC folder maint: central services 24.98 18.61 8.38 28.63 17.39 6.82 89.59 20.85 5.80 240.88 285.00 285.00 149441 12/15/2011 013695 INLAND EMPIRE SHRED IT 11/21 doc shredd svc: police 15.00 11/21 doc shred svc: pd mall 15.00 11/21 doc shred svc: Library 15.00 11/21 doc shred svc: CRC 15.00 11/21 doc shred svc: Civic Ctr 50.00 110.00 149442 12/15/2011 011228 INLAND PLANNING AND Nov cnslt svcs:jefferson corridor 4,400.00 4,400.00 DESIGN INC 149443 12/15/2011 013290 IRIS GROUP INC, THE printing/mailing: theater postcards 2,964.15 2,964.15 149444 12/15/2011 012295 JAMESON MANAGEMENT INC gate repair: Fld Op Ctr 267.59 door maint/repair: Stn 73 364.75 632.34 149445 12/15/2011 011622 JOHNSON, ROBERT C reimb:Daisen official dinner 12/1/11 1,649.94 1,649.94 149446 12/15/2011 012285 JOHNSTONE SUPPLY misc maint supplies: TCC 43.15 43.15 149447 12/15/2011 001091 KEYSER MARSTON Sept/Oct cnslt:Real Estate Econ 5,915.00 5,915.00 ASSOCIATES INC 149448 12/15/2011 001282 KNORR SYSTEMS INC misc pool parts: CRC/TES 107.48 107.48 Page:7 apChkLst Final Check List Page: 8 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 149449 12/15/2011 014065 KVCR EDUCATIONAL FOUNDATION 149450 12/15/2011 004412 LEANDER, KERRY D. 149451 12/15/2011 013769 LIGHTSQUARED LP 149452 12/15/2011 004230 LINCOLN EQUIPMENT INC 149453 12/15/2011 003782 MAIN STREET SIGNS 149454 12/15/2011 014184 MALCOLM SMITH MOTORCYCLES, INC 149455 12/15/2011 013826 MALL MEDIA INC (Continued) Description 10/3-10/7 advertising: theater TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Amount Paid Check Total NOV SATTELITE PHONE SVC:FIRE/CM pool hand crank: aquatics pgrm tennis ct & dog park signs Misc signs:PW Traffic Veh repair & maint:police MISC PROMO ITEMS:HOLIDAYS IN OLD TOWN 149456 12/15/2011 000217 MARGARITA OFFICIALS ASSN Dec officiating srvcs:softball sports 149457 12/15/2011 014528 MARTINEZ, ANTHONY 149458 12/15/2011 012364 MASTERS, TRACY 149459 12/15/2011 014272 MATTHEW PISTI LLI LANDSCAPE SRV 149460 12/15/2011 014392 MC COLLOUGH, JILL DENISE 149461 12/15/2011 006571 MELODY'S AD WORKS INC. 149462 12/15/2011 014352 MICHAEL L KENNEY ENGINEERING 149463 12/15/2011 012264 MIRANDA, JULIO C. ee computer purchase program Reimb:supplies-brkfst w/Santa event Ldscp srvcs:win/hwy 79N Nov plant rental & maint:Iibrary Nov plant rental & maint:civic ctr Reimbursement:marketing expenses Nov traffic signal timing srvcs:pw TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 149464 12/15/2011 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings A. TCSD Instructor Earnings TCSD Instructor Earnings 275.00 275.00 378.00 252.00 882.00 500.50 2,012.50 147.96 147.96 116.30 116.30 607.82 280.15 887.97 220.35 220.35 1,251.15 1,251.15 1,120.00 1,120.00 2,000.00 2,000.00 529.17 529.17 3,488.00 3,488.00 200.00 525.00 725.00 38.66 38.66 900.00 900.00 693.00 409.50 220.50 1,323.00 226.80 109.20 172.80 508.80 Page:8 apChkLst Final Check List Page: 9 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 149465 12/15/2011 005887 MOFFATT & NICHOL 9/25-10/29 CONSULTING:F.V./I-15 ENGINEERS OVERCRSS Amount Paid Check Total 3,881.59 3,881.59 149466 12/15/2011 004238 MURRIETA, CITY OF cost -share twin cities booth 11/3/11 250.00 250.00 149467 12/15/2011 000727 NATIONAL FIRE PROTECTION 3/1/12-2/28/13 mbrshp dues:R.Johnston 165.00 165.00 ASSN 149468 12/15/2011 014489 NEHODA, MARIANNA Performance:theater M Nehoda 10/29 100.00 100.00 149469 12/15/2011 008820 NEIGHBORS NEWSPAPER Dec advertising:old town winterfest 250.00 250.00 149470 12/15/2011 013319 NEW TANGRAM LLC FURNITURE & INSTALL:CIVIC CENTER 3,381.95 3,381.95 149471 12/15/2011 002292 OASIS VENDING Vending & kitchen supplies:civic 721.17 721.17 149472 12/15/2011 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:pd o.t. storefront 219.75 DIV Misc office supplies:pd o.t. storefront 15.39 Misc office supplies:pd o.t. storefront 149473 12/15/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Bldg & Safety 149474 12/15/2011 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAI NT SVCS:PW MAINT CITY VEHICLE MAINT SVCS:PW MAI CITY VEHICLE MAINT SVCS:PW TR/ CITY VEHICLE MAINT SVCS:PW TR/ CITY VEHICLE MAINT SVCS:PW MAI CITY VEHICLE MAINT SVCS:PW TR/ 15.85 250.99 839.82 839.82 122.67 55.00 744.98 36.27 544.31 161.22 149475 12/15/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 391.12 1,664.45 391.12 149476 12/15/2011 001171 ORIENTAL TRADING COMPANY Misc supplies:crc 83.99 INC Misc supplies:csd holiday events 424.80 508.79 149477 12/15/2011 002734 P V P COMMUNICATIONS INC Communication accessories:police 76.58 76.58 149478 12/15/2011 007197 PALOMA VALLEY HIGH '11 Electric Light Parade Stipend 300.00 300.00 SCHOOL 149479 12/15/2011 004538 PAULEY EQUIPMENT Misc rental equip:duck pond tree lights COMPANY 480.55 480.55 Page:9 apChkLst Final Check List Page: 10 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149480 12/15/2011 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Earnings 436.80 TCSD Instructor Earnings 546.00 982.80 149481 12/15/2011 000254 PRESS ENTERPRISE 12/22/11-12/19/12 subscr:tcsd 3254007 384.80 384.80 COMPANY INC 149482 12/15/2011 012904 PRO ACTIVE FIRE DESIGN Nov plan check srvcs:Fire Prev 7,302.64 7,302.64 149483 12/15/2011 013725 PROCRAFT INC Garage Door Repair: Sta 84 285.00 285.00 149484 12/15/2011 005075 PRUDENTIAL OVERALL Nov floor mat & towel rentals:civic cntr 456.96 SUPPLY Nov uniform/fir mat/twl rental:citywide Credit:billing adjustment credit:floor mat & towel rentals -civic 149485 12/15/2011 004529 QUAID TEMECULA Veh repair & maint: police HARLEY-DAVIDSON 149486 12/15/2011 000262 RANCHO CALIF WATER DISTRICT 1,068.08 -59.52 -60.28 1,405.24 639.04 639.04 Nov various water meters:Fire Stns 644.23 Nov var water meters:TCSD svc lev C Nov various water meters:TCSD Nov Floating water meter - comm: PW Nov var water meters:TCSD & PW 149487 12/15/2011 000947 RANCHO REPROGRAPHICS Reprographics:rrsp Reprographic Services:FV Pkwy 149488 12/15/2011 000907 RANCHO TEMECULA CAR Novveh. detailing srvcs:B&S/City Mgr WASH 149489 12/15/2011 013569 REMINGTON BUSINESS refund:eng grad dep:42106 Remington CENTER LLC 149490 12/15/2011 003591 RENES COMMERCIAL Weed abatement:city channels MANAGEMENT Street debri clean-up:holiday parade 10,911.48 3,558.52 284.36 1,515.92 16,914.51 16.16 10.78 26.94 31.50 31.50 995.00 995.00 6,525.00 1,200.00 7,725.00 149491 12/15/2011 000353 RIVERSIDE CO AUDITOR Sept '11 parking citation assessments 6,145.50 Oct '11 parking citation assessments 5,992.05 Aug '11 parking citation assessments 7,185.25 19,322.80 149492 12/15/2011 010777 RIVERSIDE CO EXECUTIVE Jul -Sept animal shelter services 31,648.20 31,648.20 OFFICE 149493 12/15/2011 014449 ROBERT INMAN LANDSCAPING Monument site prep:rrsp 6,485.00 6,485.00 149494 12/15/2011 008739 ROSE CITY LABEL Police crime prevention stickers 392.34 392.34 Page:10 apChkLst Final Check List Page: 11 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149495 12/15/2011 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 1,050.00 TCSD Instructor Earnings 1,487.50 2,537.50 149496 12/15/2011 014522 S & S SEEDS, INC Mitigation site seed collection:F.V.Pkwy 3,277.86 3,277.86 149497 12/15/2011 014553 SCHMIDT, VALENE refund:sec dep:rm rental:Harveston 200.00 200.00 149498 12/15/2011 009213 SHERRY BERRY MUSIC Jazz @ the Merc 12/8/11 539.00 539.00 149499 12/15/2011 003506 SHIVELA MIDDLE SCHOOL '11 Electric Light Parade Stipend 200.00 200.00 BAND 149500 12/15/2011 000645 SMART & FINAL INC Misc supplies:emp recognition 218.26 Misc supplies:csd holiday events 209.54 Misc supplies:tree lighting event 12/1 401.24 829.04 149501 12/15/2011 000537 SO CALIF EDISON 149502 12/15/2011 000519 SOUTH COUNTY PEST CONTROL INC Nov 2-25-350-5119:45602 Redhawk Nov 2-29-657-2563:42902 Butterfield Nov 2-30-608-9384:28582 Harveston Nov 2-30-066-2889:30051 Rancho vist Nov 2-29-479-2981:31454 Tem pkwy Nov 2-29-974-7899:26953 Ynez LS3 Nov 2-05-791-8807:31587 Tem pkwy Nov 2-02-351-5281:30875 Rancho vist Nov 2-10-331-2153:28816 Pujol St Nov 2-20-798-3248:42081 Main St Nov 2-29-295-3510:32211 Wolf vly rd 25.10 198.52 454.52 25.23 123.29 234.72 11,132.00 4,170.21 601.47 1,006.95 905.64 Nov pest control srvcs:citywide facs 816.00 Pest control srvcs:o.a.t.c. Pest control srvcs:fire station 73 pest control srvcs:town square pest control srvcs:rrsp 149503 12/15/2011 012652 SOUTHERN CALIFORNIA Dec gen usage:0141,0839,2593,9306 149504 12/15/2011 005786 SPRINT Oct 26 -Nov 25 cellular usage/equip 149505 12/15/2011 014541 STEVE'S TOWING, INC Towing srvcs:Temecula police 149506 12/15/2011 013288 STUDIO 33 Ice skating rink srvcs:old town 149507 12/15/2011 014552 TEMECULA CARRIAGE refund:Ping appl not req'd:PA11-0294 COMPANY 48.00 48.00 94.00 94.00 510.42 4,967.38 307.50 9,000.00 300.00 18,877.65 1,100.00 510.42 4,967.38 307.50 9,000.00 300.00 Page:11 apChkLst Final Check List Page: 12 12/15/2011 4:59:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 149508 12/15/2011 010046 TEMECULA VALLEY CONVENTION & 149509 12/15/2011 006325 TEMECULA VALLEY ELKS #2801 149510 12/15/2011 000311 TEMECULA VALLEY HIGH SCHOOL 149511 12/15/2011 014300 THEATER 16, INC. (Continued) Description Sponsorship:tourism rack brochures refund:sec dep:gym rental:CRC '11 Electric Light Parade Stipend Entertainment:old town winterfest 12/16 149512 12/15/2011 003508 THOMPSON MIDDLE SCHOOL '11 Electric Light Parade Stipend 149513 12/15/2011 012725 TRZOP, N ICH ELL E 149514 12/15/2011 007766 UNDERGROUND SERVICE ALERT 149515 12/15/2011 004789 VERIZON 149516 12/15/2011 004848 VERIZON SELECT SERVICES INC 149517 12/15/2011 007949 WESTERN ARTS ALLIANCE 149518 12/15/2011 000348 ZIGLER, GAIL TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Nov undrgrnd svcs alert tickets:PW Nov -Dec Internet svcs:Theater Nov long distance phone svcs 2012 mbrshp dues:Theater Mgr #6700 Reimb:Team PACE event/ee recogn. Amount Paid Check Total 40,000.00 40,000.00 150.00 150.00 300.00 300.00 250.00 250.00 200.00 200.00 10,819.20 243.00 243.00 269.98 269.98 13.92 13.92 400.00 400.00 827.43 827.43 1,172,258.81 2,217.60 2,217.60 3,196.20 3,187.80 Grand total for UNION BANK OF CALIFORNIA: Page:12 apChkLst Final Check List Page: 13 12115/2011 4:59:22PM CITY OF TEMECULA 156 checks in this report. Grand Total All Checks: 1,172,258.81 Page:13 apChkLst Final Check List Page: 1 12/22/2011 2:44:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1832 12/22/2011 000246 PERS (EMPLOYEES' RETIREMENT) 1833 12/22/2011 001065 NATIONWIDE RETIREMENT SOLUTION 1834 12/22/2011 000283 INSTATAX (IRS) 1835 12/22/2011 000444 INSTATAX (EDD) 1836 12/22/2011 010349 CALIF DEPT OF CHILD SUPPORT 1837 12/22/2011 000389 NATIONWIDE RETIREMENT SOLUTION 1838 12/22/2011 014574 LAWYERS TITLE COMPANY 149519 12/22/2011 014555 ALVARADO, ROSA 149520 12/22/2011 004040 BIG FOOT GRAPHICS Description Amount Paid Check Total PERS ER Paid Member Contr Payment 130,089.35 130,089.35 Nationwide Retirement Payment 10,056.24 10,056.24 Federal Income Taxes Payment 80,354.60 80,354.60 State Disability Ins Payment 23,589.50 23,589.50 Support Payment 738.45 738.45 OBRA- Project Retirement Payment 2,839.12 2,839.12 Land acquisition-Portola Terrace/RDA 1,859,667.32 1,859,667.32 release claims agrmnt pmt 541.91 541.91 TCSD instructor earnings 532.00 entertainment:summer day camp 500.00 TCSD instructor eamings 245.00 TCSD instructor eamings 140.00 1,417.00 149521 12/22/2011 008605 BONTERRA CONSULTING 10/7-11/11 CONSULTING SRVCS:RRSP DESILT 898.94 898.94 149522 12/22/2011 000128 BROWN & BROWN INSURANCE 11/12 excs liab ins #843301 ironshore 41,713.00 11/12 trvl grp gen liab #gp06302497 141,454.00 11/12 trvl grp auto #8109158P917 18,818.00 11/12 trvl grp umb liab ins #GE06300161 17,114.00 219,099.00 149523 12/22/2011 000790 CALIF DEPT OF PESTICIDE renew cert.: M.Wiechec 90802 -QAC B 60.00 60.00 149524 12/22/2011 014570 CANEVA, BRENDA Refund:sec deposit/harveston cntr 11/5 200.00 200.00 149525 12/22/2011 002058 CHRISTIAN YOUTH THEATER Willy Wonka performance 11/7-20/11 675.58 675.58 149526 12/22/2011 014560 COLLOBORATIVE COMMUNITY Refund:sec.deposit/crc 12/7 150.00 150.00 149527 12/22/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES 149528 12/22/2011 014573 COMPUTER COLLISION Crash Zone Trng 1/23-27 Dep. S. Kuoha 695.00 695.00 149529 12/22/2011 012353 CONSTRUCTION TESTING Oct geotech srvcs:citywide pave rehab 8,951.00 credit:amt exceeds agrmnt/pavemnt rehab -607.00 8,344.00 149530 12/22/2011 013560 CROWN BUILDING MAINT CO JANITORIAL SRVCS:VAR CITY FAC'S 4,077.02 INC JANITORIAL SRVCS:FOC 763.80 4,840.82 149531 12/22/2011 012298 CYCO PATH Equip repair & maint:pd bicycle team 112.86 112.86 149532 12/22/2011 011027 DEL RIO ENTERPRISE INC. Slope repair:marg community park credit:billing adj/Johnson Rentals 25,000.00 -2,779.68 22,220.32 Pagel apChkLst Final Check List Page: 2 12/22/2011 2:44:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 149533 12/22/2011 004192 DOWNS COMMERCIAL FUELING INC Description Amount Paid Check Total Fuel for City vehicles:lnfo Tech 42.12 Fuel for Cityvehicles:PW CIP Fuel for Cityvehicles:PW Traffic Fuel for Cityvehicles:PW Maint Fuel for City vehicles:Police Fuel for City vehicles:Bldg & Safety Fuel for City vehicles:Code Enforce Fuel for Cityvehicles:PW Land Dev Fuel for Cityvehicles:TCSD 216.77 288.39 1,780.25 68.40 466.34 356.08 137.39 2,335.61 5,691.35 149534 12/22/2011 002390 EASTERN MUNICIPAL WATER Dec 95366-02 Diego Dr Ldscp 70.68 DIST Dec 39569 Seraphina Rd 61.67 132.35 149535 12/22/2011 013430 ENERSPECT MEDICAL CPR class supplies: Medics 3,329.22 3,329.22 SOLUTIONS 149536 12/22/2011 001056 EXCEL LANDSCAPE Nov Idscp maint srvcs:parks Nov Idscp maint srvcs:parks Nov Idscp maint srvcs:parks Nov Idscp maint srvcs:south slopes Nov Idscp maint srvcs:north slopes Nov Idscp maint srvcs:var city 16,469.70 50,935.88 47,825.10 34,844.87 19,749.97 9,443.13 179,268.65 149537 12/22/2011 004310 FEDEX GROUND INC Nov Express Mail Service 56245 562.45 149538 12/22/2011 003347 FIRST BANKCARD CENTER 014565 GLADSTONE'S 4 FISH SJ meal:new law & election sem SJ,GF 76.11 014566 P.F. CHANGS CHINA BISTRO SJ meal:new law & election sem SJ,GF 64.05 001060 HYATT SJ htl:new law & election sem SJ,GF 402.41 006952 PAYPAL MH appointment scheduling:lnfo Tech 149.00 001060 HYATT JC htl:NLC conf Phoenix, AZ 11/8-11 679.62 014563 JUSTICE CENTER METERED GB prkg:WRCOG subcommittee mtg 12/1 4.50 000747 AMERICAN PLANNING RJ 2011 Planning Law Review bk 110.00 ASSOCIATION 000747 AMERICAN PLANNING RJ 2011 Planning Law Review bk 110.00 ASSOCIATION 014564 NATIONAL BUSINESS RJ Best Practices in Action:RDA 93.00 INCUBATION 000747 AMERICAN PLANNING RJ billing adj - dupl'11 pin law review -110.00 ASSOCIATION 011736 TEMECULA TROPHY INC AA recogn award:eco dev 102.23 008669 VONS AA rfrshmnts:Council/City Mgr mtg 11/21 48.36 012112 PALUMBOS RISTORANTE SJ refreshments:closed session 11/22 241.79 006952 PAYPAL SJ CCAC ann'I mbrshp dues:SJ, GF, CD 350.00 014571 VINPOWER DIGITAL MH equip power supply Info Tech 56.25 013338 APPLE STORE MH Council agenda viewing software 45.00 010744 HEADSETS.COM INC MH officerunner headset: tcsd 427.66 014572 DIGITAL RIVER INC MH AV room equip:Info Tech 24.95 004811 HEWLETT PACKARD MH printer:Harveston 377.11 007065 B & H PHOTO VIDEO INC MH monitor:Info Tech 53.84 3,305.88 149539 12/22/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 149540 12/22/2011 003946 G T ENTERTAINMENT tech support & sound:winterwnddnd 400.00 400.00 149541 12/22/2011 014234 GEARS 2 ROBOTS, LLC Refund:sec depositftcc 12/10 150.00 150.00 Page2 apChkLst Final Check List Page: 3 12/22/2011 2:44:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149542 12/22/2011 014567 GOPLEN-HOWES, KRISTEN R Refund:sec depositftcc 12/9 149543 12/22/2011 014569 GREGG, STEVE Refund:sec deposit/harveston cntr 11/20 149544 12/22/2011 000186 HANKS HARDWARE INC Hardware supplies: Sta 73, 12, 84 Hardware supplies: B&S Dept Misc supplies:pw maint div Misc hardware supplies:civic center Misc hardware supplies:tcc Misc hardware supplies:crc Misc hardware supplies:aquatics Misc maint supplies:var park sites Misc hardware supplies:harveston Misc hardware supplies:prkg structure Misc hardware supplies:theater Misc hardware supplies:west wing Misc hardware supplies:c.museum Misc hardware supplies:library Misc supplies:PW Traffic Hardware supplies:code enforce 149545 12/22/2011 000194 IC MA RETIREMENT -PLAN IC MA Retirement Trust 457 Payment 303355 149546 12/22/2011 006914 INNOVATIVE DOCUMENT Paper & ink supplies:cental srvcs SOLUTIONS 149547 12/22/2011 014561 JOSEPHSON, BO Refund:library lost materials fee 149548 12/22/2011 000209 L & M FERTILIZER INC Misc parts & supplies:pw maint 149549 12/22/2011 014562 LAIDLAW, J.L. & J.C. Refund:library room rental 149550 12/22/2011 005569 LEARNING FOR LIFE 2012 Explorer Post Prgm dues 149551 12/22/2011 004905 LIEBERT, CASSIDY & Oct HR legal svcs for TE060-01 WHITMORE 149552 12/22/2011 004230 LINCOLN EQUIPMENT INC Replacement ratchet reel:Aquatics 149553 12/22/2011 013686 M T I TECH PRODUCTS INC Toner & ink cartridges:info tech 149554 12/22/2011 004307 MARINE BIOCHEMISTS Dec water maint srvcs:Harv/Duck Pond 149555 12/22/2011 011179 MC MILLIN REDHAWK LLC TCSD Instructor Eamings TCSD Instructor Earnings TCSD Instructor Earnings 149556 12/22/2011 001892 MOBILE MODULAR 149557 12/22/2011 001214 MORNINGSTAR PRODUCTIONS, LLC 149558 12/22/2011 009443 MUNYON, DENNIS G. 149559 12/22/2011 002925 NAPA AUTO PARTS 12/14-1/12 modular bldg lease: OATC Sound sys repair:childrens museum Nov -Jan pmt:theater public parking 150.00 150.00 200.00 200.00 157.17 97.20 249.38 188.42 3.10 218.10 6.20 779.32 9.68 47.12 89.68 9.69 73.88 10.21 127.81 56.02 2,122.98 4,572.81 4,572.81 99.52 99.52 7.50 7.50 99.54 99.54 70.00 70.00 533.00 533.00 210.00 210.00 182.17 182.17 6,08141 6,081.41 3,900.00 3,900.00 523.25 997.50 378.00 1,898.75 614.18 614.18 97.50 97.50 2,375.00 2,375.00 Veh repair & maint: Sta 84 10.44 Veh repair & maint: Sta 84 29.29 credit:veh repair & maint: Sta 84 -12.93 Veh repair & maint: Sta 92 93.07 149560 12/22/2011 014558 NICOLAS SERVICE STATION, Refund deposit:Arco © NicolasNVnchstr LP 119.87 64,060.00 64,060.00 Pages apChkLst Final Check List Page: 4 12/22/2011 2:44:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149561 12/22/2011 009337 NOLTE ASSOCIATES INC Oct eng srvcs:ped bridge 149562 12/22/2011 002139 NORTH COUNTY TIMES Nov newspaper subscr:MPSC 149563 12/22/2011 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:public works DIV 149564 12/22/2011 002105 OLD TOWN TIRE & SERVICE 149565 12/22/2011 002105 OLD TOWN TIRE & SERVICE CITYVEHICLE MAINTSVCS:PW TRAFFIC City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:PW Land Dev CITYVEHICLE MAINT SVCS:PW MAINT CITYVEHICLE MAINT SVCS:PW MAINT City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD 5,122.00 5,122.00 28.60 28.60 10.01 10.01 1,161.40 36.27 55.00 79.37 55.00 55.00 73.85 186.23 156.01 1,442.04 416.09 149566 12/22/2011 002105 OLD TOWN TIRE &SERVICE City Vehicle Maint Svcs:Bldg & Safety 55.00 55.00 149567 12/22/2011 002734 P V P COMMUNICATIONS INC Communication accessories:police 174.31 174.31 149568 12/22/2011 000249 PETTY CASH Petty Cash Reimbursement 589.01 589.01 149569 12/22/2011 000253 POSTMASTER Express Mail & Postal Svcs 18.47 18.47 149570 12/22/2011 011549 POWER SPORTS UNLIMITED Veh repair & maint:police 33244 332.44 149571 12/22/2011 012487 PULTE HOME CORP Refund:eng depositftract mp 34431 995.00 Refund:eng depositftract mp 23992 995.00 Refund:eng depositftract mp 34431,23992 995.00 Refund:eng depositftract mp 34431,23992 995.00 3,980.00 149572 12/22/2011 014494 R & R CONTROLS, INC HVAC repair:tcc 149573 12/22/2011 002176 RANCHO CALIF BUS PK ASSOC Jan -Mar bus.park assn. dues:FOC Jan -Mar bus.park assn. dues:City Hall Jan -Mar bus.park assn. dues:Diaz Rd 149574 12/22/2011 000262 RANCHO CALIF WATER DISTRICT 149575 12/22/2011 011853 RANCON COMMERCE CNTR PH2,3&4 149576 12/22/2011 008097 RECY-CAL SUPPLY LLC 149577 12/22/2011 004584 REGENCY LIGHTING 149578 12/22/2011 002110 RENTAL SERVICE CORPORATION 149579 12/22/2011 002412 RICHARDS WATSON & GERSHON 149580 12/22/2011 000352 RIVERSIDE CO ASSESSOR 1,301.00 1,301.00 1,051.03 1,273.98 1,159.32 Nov 01-15-83005-4 Landings Rd 18.59 Nov 01-15-83003-4 Village Rd 109.00 Nov 01-06-99000-14 Pujol St 9.57 Nov 01-31-61237-2 Calle Elenita 69.38 Nov 01-04-47210-0 TES Pool 47.40 Nov 01-00-20007-1 Wolf Crk Dr 122.13 Nov 01-08-97000-2 Wolf Crk Dr 65.04 Nov 01-08-97100-2 Wolf Crk Dr 29.02 Dec Various Water Meters 2,939.33 3,484.33 3,409.46 Jan -Mar assn. dues:Stn 73 546.32 546.32 Recycling products:civic center 4,284.02 4,284.02 Electrical supplies:library 228.86 228.86 EQUIP RENTAL & MAINT:PW MAINT DIV 29.83 29.83 Nov 2011 legal services 2,100.00 2,100.00 Oct assessor maps: B&S Dept 15.00 15.00 Page4 apChkLst Final Check List Page: 5 12/22/2011 2:44:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149581 12/22/2011 010777 RIVERSIDE CO EXECUTIVE Oct -Nov animal shelter pmt 21,098.80 21,098.80 OFFICE 149582 12/22/2011 001592 RIVERSIDE CO INFO Nov radio rental:police/prk mgrs 1,236.04 1,236.04 TECHNOLOGY 149583 12/22/2011 000406 RIVERSIDE CO SHERIFFS Int.traf collision invest. 2/6-10 196.00 196.00 DEPT 149584 12/22/2011 000406 RIVERSIDE CO SHERIFFS DUI tmg 1/10-12 Dep. W. Epp 178.00 178.00 DEPT 149585 12/22/2011 000406 RIVERSIDE CO SHERIFFS Traf collision invest.l/9-13 R.Johnson 159.00 159.00 DEPT 149586 12/22/2011 004822 RIVERSIDE TRANSIT AGENCY NOV TROLLEY SRVCS 1,636.10 1,636.10 149587 12/22/2011 000220 ROBINSON PRINTING & Printing 2011 CAFR - Finance 573.23 CREATIVE Printing 2011 CAFR - Finance 466.56 1,039.79 149588 12/22/2011 014568 RUIZ-HILL, KARINA Refund:sec deposit/harveston cntr 12/11 200.00 200.00 149589 12/22/2011 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 200.00 200.00 CENTRAL 149590 12/22/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 149591 12/22/2011 009213 SHERRY BERRY MUSIC Jazz © the Merc 12/15/11 154.00 154.00 149592 12/22/2011 009746 SIGNS BYTOMORROW Signs:Holiday lights contest winner 259.16 259.16 149593 12/22/2011 000645 SMART& FINAL INC Supplies:retirement celebration 12.90 Supplies:retirement celebration 346.72 Misc supplies:high hopes prgmi 278.61 MISC SUPPLIES:MPSC 239.12 877.35 149594 12/22/2011 000374 SO CALIF EDISON new mtr/srvc irrig ped:Roripaugh Stn 149595 12/22/2011 000537 SO CALIF EDISON Nov 2-00-397-5059 various mtrs Nov 2-31-419-2659 Ynez Rd Dec 2-01-202-7330 various mtrs Nov 2-01-202-7603 various mtrs Dec 2-33-237-4818 various mtrs Nov 2-29-974-7568 Ynez Rd Nov 2-31-693-9784 Ynez Rd Dec 2-33-777-1950 Village Rd Nov 2-27-560-0625 Deerhollow Way Nov 2-30-099-3847 Ryecrest Nov 2-30-296-9522 Rancho Vista Nov 2-26-887-0789 various mtrs Nov 2-28-171-2620 Police Mall Stn 149596 12/22/2011 001212 SO CALIF GAS COMPANY Dec 015 575 0195 2 Stn 92 149597 12/22/2011 013704 SOLUTIONS4SURE.COM Nov 055 475 6169 5 PBSP SCANJET MAINT KIT:PW DEPTS scanjet maint kit:PW depts credit:item returned/PW depts 149598 12/22/2011 002503 SOUTH COAST AIR QUALITY FY 11/12 emissions fee: Stn 84 FY 11/12 ann'I operating fees: Stn 84 2,938.60 2,938.60 10,127.03 117.71 77,154.34 28,382.38 14.22 133.25 480.74 224.87 3,209.12 22.52 499.82 1,468.45 692.93 122,527.38 321.58 13645 458.03 97.62 104.86 -93.69 112.85 108.79 303.56 416.41 Pages apChkLst Final Check List Page: 6 12/22/2011 2:44:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 149599 12/22/2011 000519 SOUTH COUNTY PEST CONTROL INC Description Amount Paid Check Total Pest removal:civic center 94.00 Pest removal:mpsc 94.00 pest control srvcs:marg park 168.00 Pest control services:pbsp 84.00 Pest control services:pbsp 70.00 Pest removal:civic center 49.00 559.00 149600 12/22/2011 000293 STADIUM PIZZA INC Refreshments:tree lighting 12/1 78.78 78.78 149601 12/22/2011 006145 STENO SOLUTIONS Nov transcription srvcs:Police 1,293.60 1,293.60 TRANSCRIPTION 149602 12/22/2011 009811 SUNNY HILLS TOWING Veh towing srvcs:temecula police 315.00 315.00 LOWBED SRVC 149603 12/22/2011 013387 SWEEPING UNLIMITED INC Dec sweeping:Parking Structure 500.00 500.00 149604 12/22/2011 000305 TARGET BANK BUS CARD Misc supplies:Brkfst w/Santa 102.02 SRVCS Misc supplies:harveston center MISC SUPPLIES:MPSC Misc supplies:recreation pgrm 149605 12/22/2011 012265 TEMECULA ACE HARDWARE Hardware supplies: Sta 92 C/O 149606 12/22/2011 012558 TEMECULA HILLS CHRISTIAN Refund:sec.deposit/conf center 11/20 149607 12/22/2011 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:POLICE LLC VEH REPAIR & MAINT:POLICE VEH REPAIR & MAINT:POLICE VEH REPAIR & MAINT:POLICE VEH REPAIR & MAINT:POLICE 149608 12/22/2011 010493 TEMECULATOINNE CENTER Jan lease payment:pd mall office ASSOC LP 115.72 117.86 66.38 41.73 401.98 41.73 150.00 150.00 409.53 323.99 354.05 85.62 1,010.97 2,184.16 1,458.33 1,458.33 149609 12/22/2011 011736 TEMECULA TROPHY INC Recognition awards: t. museum 58.19 Awards:emp recognition pgrm 686.31 Awards:emp recognition pgrm 92.67 Recognition awards:tcsd events 338.34 1,175.51 149610 12/22/2011 010046 TEMECULA VALLEY Oct' 11 Bus. Impry District Asmnts 95,354.54 95,354.54 CONVENTION & 149611 12/22/2011 011090 TEMECULA VALLEY Bus rentals:holiday light tour 12/9 & 1,003.00 1,003.00 TRANSPORTATION 149612 12/22/2011 007824 TH ESSALON IKA FAMILY Refund:Theater sec deposit 12/13 500.00 500.00 SERVICES 149613 12/22/2011 003862 THYSSENKRUPP Phone repair:civic center & garage 731.00 731.00 ELEVATOR.BRNCH 37 149614 12/22/2011 010276 TIME WARNER CABLE Dec high speed internet:32364 Overland 44.95 Dec high speed internet:32211 Wolfvly 102.17 147.12 149615 12/22/2011 011393 TOUCANED INC CERT training pamphlets: TCC 956.82 956.82 149616 12/22/2011 003031 TRAFFIC CONTROL SERVICE MESSAGE BOARDS:HOLIDAY PARADE 1,540.00 INC Misc supplies:pw traffic 138.74 1,678.74 149617 12/22/2011 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 135.57 135.57 EDUCATION 149618 12/22/2011 000325 UNITED WAY United Way Charities Payment 51.00 51.00 Pages apChkLst Final Check List Page: 7 12/22/2011 2:44:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 149619 12/22/2011 008977 VALLEY EVENTS INC MISC RENTAL EQUIP:HOLIDAY 1,672.75 1,672.75 PARADE 149620 12/22/2011 004794 VALLEY WINDS COMMUNITY Entertainment: Winterfest 12/10 125.00 125.00 149621 12/22/2011 004261 VERIZON Dec xxx-0073 general usage 89.40 89.40 149622 12/22/2011 004789 VERIZON Dec internet svcs:Civic Center 135.00 135.00 149623 12/22/2011 012292 VIAMEDIA INC Nov advertising: Wnterfest in Old Town 654.00 654.00 149624 12/22/2011 014559 VOTAW, TONY E. Refund:sec.deposit/conf center 11/10 100.00 100.00 149625 12/22/2011 001342 WAXIE SANITARY SUPPLY INC CLEANINGSUPPLIES:CITYWIDE 31.27 CLEANING SUPPLIES:CITYWIDE 1,494.87 1,526.14 149626 12/22/2011 003730 WEST COASTARBORISTS INC 11/1-15 tree trimming srvcs:pw maint 1,254.00 11/1-15 tree trim/removal:vintage hills 2,472.00 10/16-31 tree trimming:village 770.00 Nov tree trimming srvcs:tree grant 945.00 11/1-15 tree trimming:woodcrest 1,863.00 10/16-31 tree trimming:woodcrest 1,656.00 8,960.00 149627 12/22/2011 000339 WEST PUBLISHING CORP Nov judicial updates: City Clerk 1,787.58 1,787.58 149628 12/22/2011 000621 WESTERN RIVERSIDE Nov '11 TUMF Payment 96,660.44 96,660.44 COUNCIL OF 149629 12/22/2011 008402 WESTERN RIVERSIDE COUNTY Nov '11 MSHCP payment 19,380.00 19,380.00 149630 12/22/2011 000341 WILLDAN ASSOCIATES INC Nov plan check srvcs:traffic div 3,335.00 Oct engineering srvcs:pw traffic div 1,540.00 Oct engineering srvcs:pw traffic div 2,880.00 Oct engineering srvcs:pw traffic div 1,040.00 8,795.00 149631 12/22/2011 011630 WOLFF LANG CHRISTOPHER OCT OLD TWN GYM DSGN SRVCS 2,926.50 2,926.50 (WLC) 149632 12/22/2011 006290 WOODCREST VEHICLE Install PDA holders:Police 587.75 587.75 CENTER 149633 12/22/2011 000348 ZIGLER, GAIL Reimb:Civic Center holiday decor 300.00 300.00 149634 12/22/2011 003776 ZOLL MEDICAL CORPORATION Medical supplies: Medics 559.49 559.49 Grand total for UNION BANK OF CALIFORNIA: 3,081,261 31 Page:7 apChkLst Final Check List Page: 8 12/22/2011 2:44:30PM CITY OF TEMECULA 123 checks in this report. Grand Total All Checks. 3,081,261.31 Pages apChkLst Final Check List Page: 1 12/28/2011 3:29:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1839 12/30/2011 000283 INSTATAX (IRS) federal withholdings payroll 12/30 13.87 13.87 149635 12/28/2011 014577 ALCANTARA, BETTINA refund:balance:didn't need hcp class 25.00 25.00 149636 12/28/2011 014294 ANFINSON, STEVEN Entertainment: NYE OT 12/31 1,250.00 1,250.00 149637 12/28/2011 013553 AVENO, RUTH refund:sec dep:harveston ctr 200.00 200.00 149638 12/28/2011 008868 BANK OF SACRAMENTO escrow# 2893-160 RJ Noble pw10-08 40,065.97 40,065.97 149639 12/28/2011 005716 BIRTH CHOICE OF TEMECULA community service funding 11/12 5,000.00 5,000.00 INC 149640 12/28/2011 000523 EASTERN MUNICIPAL WATER deposit fee water meters: PW09-02 500.00 500.00 DIST 149641 12/28/2011 001511 FIELDMAN ROLAPP & '11 private placement refunding 9,974.18 9,974.18 ASSOCIATES 149642 12/28/2011 003946 G T ENTERTAINMENT Entertainment: NYE OT 12/31 500.00 500.00 149643 12/28/2011 013077 JONES, DENNIS performance: NYE Theater 2,500.00 2,500.00 149644 12/28/2011 009606 MGT OF AMERICA INC state mandate cst claim svc:fin 6,924.00 6,924.00 149645 12/28/2011 005887 MOFFATT & NICHOL NOV CNSLT:FRENCH VLY/I-15 1,321.76 1,321.76 ENGINEERS OVERCROSS 149646 12/28/2011 003964 OFFICE DEPOT BUSINESS SVS misc office supplies: ch museum 201.71 201.71 DIV 149647 12/28/2011 014575 PRICE -ADAMS, DEBRA G refund:sec dep:conf ctr 150.00 150.00 149648 12/28/2011 004457 R J NOBLE COMPANY Const:pavement rehab marg rd 360,593.81 360,593.81 149649 12/28/2011 000947 RANCHO REPROGRAPHICS reproduction svc:western bypass 16.16 16.16 149650 12/28/2011 013759 RICE, KENNETH Entertainment: NYE OT 12/31 1,250.00 1,250.00 Pagel apChkLst Final Check List Page: 2 12/28/2011 3:29:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 149651 12/28/2011 000406 RIVERSIDE CO SHERIFFS 9/22-10/19:Iaw enforcement DEPT 149652 12/28/2011 000537 SO CALIF EDISON 2-28-331-4847 Pauba Rd 2-33-357-5785 Redhawk Pkwy Amount Paid Check Total 1,490,397.21 1,490,397.21 129.35 27.33 156.68 149653 12/28/2011 001212 SO CALIF GAS COMPANY 091-024-9300-5 CRC 3,757.47 129-535-4236-7 Civic Center 1,764.69 125-244-2108-3 Library 626.87 026-671-2909-8 Community Theater 483.52 129-582-9784-3 Fld Op Ctr 289.76 021-725-0775-4 MPSC 269.16 181-383-8881-6 T. Museum 233.46 101-525-0950-0 TCC 191.53 196-025-0344-3 C. Museum 131.70 133-040-7373-0 Maint Fac 27.83 7,775.99 149654 12/28/2011 014576 STEWART TITLE NATIONAL title fees:'11 lease financing 675.17 675.17 TITLE 149655 12/28/2011 004274 TEMECULA VALLEY SECURITY locksmith svcs:crc office 271.63 271.63 CENTR 149656 12/28/2011 014300 THEATER 16, INC. Entertainment: NYE OT 12/31 300.00 300.00 149657 12/28/2011 013078 TOROK, LORI A. theater performance:instllmnt #1 1,000.00 1,000.00 149658 12/28/2011 013687 TURPIN, SOL WABASA Entertainment: NYE OT 12/31 2,350.00 2,350.00 149659 12/28/2011 004864 V N W CIRCLE OF CARE INC community service funding 11/12 5,000.00 5,000.00 149660 12/28/2011 004864 V N W CIRCLE OF CARE INC CDBG reimbursement #3 2,000.00 2,000.00 149661 12/28/2011 004794 VALLEY WINDS COMMUNITY Entertainment: NYE OT 12/31 500.00 500.00 Grand total for UNION BANK OF CALIFORNIA: 1,940,913.14 Page:2 apChkLst Final Check List Page: 3 12128/2011 3:29:20PM CITY OF TEMECULA 28 checks in this report. Grand Total All Checks: 1,940,913.14 Page:3 Item No. 4 Approvals City Attorney Director of Finance City Manager 71v) CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: January 10, 2012 SUBJECT: City Treasurer's Report as of November 30, 2011 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of November 30, 2011. 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 November 30, 2011. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of November 30, 2011 Investments Par Value City of Temecula, California Portfolio Management Portfolio Summary November 30, 2011 Market Value Book %of Value Portfolio Ter m 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 58,259,981.64 1.00 42,71 9,83 2.3 9 18,999,999.99 16,999,999.99 134,960,914.94 58,250,081.64 1.09 42,766,799.87 18,201,51 9.09 16,1 59,600.00 58,259,981.64 1.00 42,71 9,832.3 9 18,999,909.99 15,988,509.99 43.1 9.99 31.65 13.34 11.85 135, 368, 8 93.51 134, 949, 414.94 100.00% 1 1 1 1,355 1,1 74 1 1 1 931 h92 9.246 9.999 0.396 1.899 1.433 0.250 0.000 9.491 1.825 1.453 321 207 0.641 0.650 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 1,778,53 6.01 136,739,450.95 1,776,536.01 1,778,536.01 137,147,429.52 136,727,950.95 0.000 0.000 321 207 0.641 0.650 Total Earnings November 30 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 72,641.26 137,618,813.59 0.64% Reporting period 11;0112011-11;30;2011 Run Date: 12/29/2011 -13:23 425,252.24 143,835, 400.31 0.71% Portfolio TEME CP PM (PRF_PM1) SymRept8.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2011 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 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2011 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 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2011 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 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 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 796,172.15 796,172.15 796,172.15 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2011 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: 12/23/2011 - 13:23 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2011 Page 3 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 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 53,198.54 53,198.54 53,198.54 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 4,254.47 4,254.47 4,254.47 0.000 0.000 1 107886026-2 RDA 07 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 07/01/2011 19,394.96 19,394.96 19,394.96 0.000 0.000 1 136343001-2 RDA 10A -INTI First American Treasury 07/28/2011 0.00 0.00 0.00 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 07/01/2011 2,531.10 2,531.10 2,531.10 0.000 0.000 1 136343000-1 RDA 10B -INTI First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,413.61 440,413.61 440,413.61 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,740.77 202,740.77 202,740.77 0.010 0.010 0.010 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 81,532.96 81532.96 81532.96 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 15,123.39 15,123.39 15,123.39 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 388.82 388.82 388.82 0.010 0.010 0.010 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 863,951.22 863,951.22 863,951.22 0.010 0.010 0.010 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 222,963.22 222,963.22 222,963.22 0.010 0.010 0.010 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 91,358.01 91,358.01 91,358.01 0.010 0.010 0.010 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 337,895.03 337,895.03 337,895.03 0.010 0.010 0.010 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 46,011.76 46,011.76 46,011.76 0.010 0.010 0.010 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 6,079.31 6,079.31 6,079.31 0.010 0.010 0.010 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,190.08 5,190.08 5,190.08 0.010 0.010 0.010 1 793593016-5 03-2 LOC1 1 Federated Tax Free Obligations 141,912.99 141,912.99 141,912.99 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 397.88 397.88 397.88 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.05 368.05 368.05 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 79,409.93 79,409.93 79,409.93 0.010 0.010 0.010 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,143.70 1,143.70 1,143.70 0.010 0.010 0.010 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 2,171,248.73 2,171,248.73 2,171,248.73 0.010 0.010 0.010 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 41,971.66 41,971.66 41,971.66 0.010 0.010 0.010 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 5,516.00 5,516.00 5,516.00 0.010 0.010 0.010 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 11,009.30 11,009.30 11,009.30 0.010 0.010 0.010 1 Run Date: 12/23/2011 - 13:23 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2011 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 Managed Pool Accounts 94686006-5 03-4 RES11 Federated Tax Free Obligations 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 146161000-5 146161000-5 Federated Tax Free Obligations 1 461 61 006-5 RDA 11 DS11 Federated Tax Free Obligations 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 1 461 61 009-5 RDA 11ACO111 Federated Tax Free Obligations 94432363 02001 Financial Security Assurance 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 1 2221 600 8 CITY COP CIP CA Local Agency Investment Fun 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 107886006 RDA 06 RES A MBIA Surety Bond 94434166 RDA TABS RES MBIA Surety Bond SYS95453516-1 95453516-1 USBANK Subtotal and Average 58,249,809.84 73,005.17 73,005.17 73,005.17 0.010 0.010 0.010 1 333,502.23 333,502.23 333,502.23 0.010 0.010 0.010 1 07/27/2011 0.50 0.50 0.50 0.001 0.001 0.001 1 1,308,384.78 1,308,384.78 1,308,384.78 0.010 0.010 0.010 1 14,982,246.57 14,982,246.57 14,982,246.57 0.010 0.010 0.010 1 0.00 0.00 0.00 0.020 0.020 0.020 1 07/01/2011 1.00 1.00 1.00 0.000 0.000 1 28,854,098.11 28,854,098.11 28,854,098.11 0.401 0.396 0.401 1 1,569,532.01 1,569,532.01 1,569,532.01 0.401 0.396 0.401 1 0.00 0.00 0.00 0.401 0.396 0.401 1 289,885.04 289,885.04 289,885.04 0.401 0.396 0.401 1 3,625,411.53 3,625,411.53 3,625,411.53 0.401 0.396 0.401 1 0.00 0.00 0.00 0.401 0.396 0.401 1 0.00 0.00 0.00 0.401 0.396 0.401 1 0.00 0.00 0.00 0.401 0.396 0.401 1 0.00 0.00 0.00 0.401 0.396 0.401 1 0.00 0.00 0.00 0.401 0.396 0.401 1 0.00 0.00 0.00 0.401 0.396 0.401 1 259,751.73 259,751.73 259,751.73 0.401 0.396 0.401 1 1,109,967.33 1,109,967.33 1,109,967.33 0.401 0.396 0.401 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 58,250,081.64 58,250,081.64 58,250,081.64 0.246 0.250 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2011 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 315,148.05 315,148.05 315,148.05 0.401 0.396 0.401 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,903,471.55 3,903,471.55 3,903,471.55 0.401 0.396 0.401 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 932,051.88 932,051.88 932,051.88 0.401 0.396 0.401 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.401 0.396 0.401 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.401 0.396 0.401 1 SYSCITY CITY CA Local Agency Investment Fun 11,074,125.43 11,094,585.90 11,074,125.43 0.401 0.396 0.401 1 SYSRDA RDA CA Local Agency Investment Fun 12,280,761.89 12,303,451.73 12,280,761.89 0.401 0.396 0.401 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,268,482.96 1,268,482.96 1,268,482.96 0.401 0.396 0.401 1 Run Date: 12/29/2011 - 13:23 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2011 Average Purchase Investment# Issuer Balance Date Par Value Page 5 Stated YTM YTM Days to Maturity Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 549.80 549.80 549.80 0.401 0.396 0.401 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,052,545.31 6,052,545.31 6,052,545.31 0.401 0.396 0.401 1 SYSTCSD TCSD CA Local Agency Investment Fun 6,883,695.43 6,896,413.69 6,883,695.43 0.401 0.396 0.401 1 Subtotal and Average 42,710,832.30 42,710,832.30 42,766,700.87 42,710,832.30 0.396 0.401 1 Federal Agency Callable Securities 31331J4T7 01159 Federal Farm Credit Bank 12/16/2010 1,000,000.00 1,000,350.00 1,000,000.00 1.350 1.332 1.350 746 12/16/2013 31331KPN4 01169 Federal Farm Credit Bank 06/27/2011 1,000,000.00 1,002,440.00 1,000,000.00 1.050 1.036 1.050 939 06/27/2014 3133724V3 01158 Federal Horne Loan Bank 12/30/2010 1,000,000.00 1,000,630.00 1,000,000.00 1.125 1.110 1.125 760 12/30/2013 313372NX8 01165 Federal Home Loan Bank 02/28/2011 1,000,000.00 1,003,880.00 1,000,000.00 2.000 1.973 2.000 1,093 11/28/2014 313372VP6 01167 Federal Horne Loan Bank 03/23/2011 1,000,000.00 1,003,150.00 1,000,000.00 1.250 1.233 1.250 753 12/23/2013 3134G1Y65 01162 Federal Home Loan Mtg Corp 01/25/2011 1,000,000.00 1,007,420.00 1,000,000.00 1.500 1.479 1.500 967 07/25/2014 3134G1Y99 01163 Federal Horne Loan Mtg Corp 02/08/2011 1,000,000.00 1,002,230.00 1,000,000.00 1.650 1.627 1.650 981 08/08/2014 3134G2NK4 01170 Federal Home Loan Mtg Corp 07/11/2011 1,000,000.00 1,003,290.00 1,000,000.00 1.125 1.110 1.125 953 07/11/2014 3134G2RX2 01173 Federal Horne Loan Mtg Corp 07/25/2011 1,000,000.00 1,003,390.00 1,000,000.00 1.200 1.184 1.200 967 07/25/2014 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,094,680.00 2,000,000.00 4.000 3.945 4.000 466 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,048,860.00 1,000,000.00 4.000 3.945 4.000 482 03/27/2013 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 1,006,130.00 1,000,000.00 1.125 1.110 1.125 1,098 12/03/2014 31398A7A4 01160 Federal National Mtg Assn 12/30/2010 1,000,000.00 1,000,770.00 1,000,000.00 1.300 1.282 1.300 760 12/30/2013 31398A7L0 01161 Federal National Mtg Assn 01/24/2011 1,000,000.00 1,001,690.00 1,000,000.00 1.450 1.430 1.450 785 01/24/2014 3136FRZQ9 01171 Federal National Mtg Assn 07/20/2011 1,000,000.00 1,004,860.00 1,000,000.00 1.250 1.233 1.250 1,054 10/20/2014 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,018,360.00 1,000,000.00 2.125 2.096 2.125 1,695 07/22/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 999,380.00 1,000,000.00 1.350 1.332 1.350 1,789 10/24/2016 Subtotal and Average 19,100,000.00 18,000,000.00 18,201,510.00 18,000,000.00 1.800 1.825 931 Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,031,000.00 997,500.00 2.250 2.284 2.316 606 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,021,690.00 1,000,000.00 2.150 2.121 2.150 431 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,011,270.00 1,000,000.00 1.550 1.529 1.550 319 10/15/2012 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,019,280.00 1,000,000.00 1.375 1.356 1.375 802 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,006,530.00 1,000,000.00 0.875 0.863 0.875 974 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,001,480.00 1,000,000.00 1.300 1.282 1.300 1,771 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,002,150.00 1,000,000.00 1.050 1.036 1.050 1,425 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 997,950.00 1,000,000.00 0.970 0.957 0.970 1,453 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 998,420.00 1,000,000.00 0.500 0.493 0.500 729 11/29/2013 3133XSWM6 01124 Federal Horne Loan Bank 01/23/2009 1,000,000.00 1,002,810.00 1,000,000.00 2.100 2.071 2.100 53 01/23/2012 3133XTXC5 01130 Federal Horne Loan Bank 06/11/2009 1,000,000.00 1,010,810.00 1,000,000.00 2.250 2.219 2.250 193 06/11/2012 3133XVEM9 01150 Federal Horne Loan Bank 11/04/2009 1,000,000.00 1,013,170.00 1,000,000.00 1.625 1.603 1.625 356 11/21/2012 Run Date: 12/29/2011 - 13:23 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2011 Page 6 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 3133XVRS2 01151 Federal Horne Loan Bank 11/16/2009 1,000,000.00 1,000,660.00 999,750.00 1.000 0.998 1.012 27 12/28/2011 313372UH5 01166 Federal Home Loan Bank 03/15/2011 1,000,000.00 1,012,660.00 1,000,000.00 1.125 1.110 1.125 652 09/13/2013 313374CZ1 01168 Federal Horne Loan Bank 06/22/2011 1,000,000.00 1,010,040.00 1,000,000.00 1.000 0.986 1.000 1,026 09/22/2014 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,010,680.00 991,250.00 1.750 2.024 2.052 253 08/10/2012 Subtotal and Average 14,521,833.33 16,000,000.00 16,150,600.00 15,988,500.00 1.433 1.453 692 Total and Average 137,618,813.59 Run Date: 12/29/2011 - 13:23 134,960,914.94 135,368,893.51 134,949,414.94 0.641 0.650 207 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash November 30, 2011 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2011 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2011 36,264.37 36,264.37 36,264.37 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 1,731,152.23 1,731,152.23 1,731,152.23 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2011 8,309.41 8,309.41 8,309.41 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 137,618,813.59 Run Date: 12/29/2011 - 13:23 136, 739,450.95 137,147,429.52 136,727,950.95 0.641 0.650 207 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Fund No. Cash and Investment Report CITY OF TEMECULA Through November 2011 Fund Title Fund Total 001 GENERAL FUND $ 26,219,116.40 100 STATE GAS TAX FUND 1,436,137.49 120 DEVELOPMENT IMPACT FUND 5,361,560.11 130 RECOVERY ACT JAG FUNDING 5,063.06 140 COMMUNITY DEV BLOCK GRANT 16,258.27 150 AB 2766 FUND 640,831.10 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 2,975.51 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 27,306,643.83 170 MEASURE A FUND 8,805,625.15 190 TEMECULA COMMUNITY SERVICES DISTRICT 646,082.71 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 291,284.80 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 5,495.18 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 165,218.74 197 TEMECULA LIBRARY FUND 441,146.33 210 CAPITAL IMPROVEMENT PROJECT FUND 13,292,382.61 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,234,131.81 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 974,023.54 277 CFD-RORIPAUGH 30,436,043.21 280 REDEVELOPMENT AGENCY - CIP PROJECT 290,162.44 300 INSURANCE FUND 662,624.86 310 VEHICLES AND EQUIPMENT FUND 938,632.31 320 INFORMATION TECHNOLOGY 488,160.17 330 SUPPORT SERVICES 341,189.19 340 FACILITIES 129,596.98 370 CITY 2008 COP'S DEBT SERVICE 798,312.87 375 SUMMER YOUTH EMPLOYMENT PROGRAM 17,991.95 380 RDA DEBT SERVICE FUND 1,582,494.14 390 TCSD 2001 COP'S DEBT SERVICE 95,990.46 460 CFD 88-12 DEBT SERVICE FUND 84,609.09 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 763,122.00 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,209,666.65 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 96,896.38 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,836,804.97 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 416,830.72 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 5,405,568.27 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 3,627.31 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 41,385.98 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 21,307.59 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 777.22 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 6,532.27 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 11,477.76 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 2,296.59 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 466.07 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,397.59 516 SERVICE LEVEL"C"ZONE 16TRADEWINDS 59,788.10 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 8.87 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 45,761.37 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 102,530.46 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 58,823.98 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7,445.73 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 132,852.11 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 12,472.75 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 159,175.77 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3,743.21 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 34,885.49 Grand Total: $ 137,147,429.52 Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: January 10, 2012 SUBJECT: Parcel Map 36369 (located at the southwest corner of Overland Drive and Margarita Road) PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: Approve Parcel Map 36369 in conformance with the Conditions of Approval. BACKGROUND: Record title interest: Temecula MO, LLC Parcel Map No. 36369 proposes to subdivide 5.56 gross acres, 4.66 net acres, into four parcels — 1.36 net acres, 1.79 net acres, 0.81 net acre, and 0.69 net acre respectively — for commercial development. The property covered by this parcel map is located at the southwest corner of Overland Drive and Margarita Road. Tentative Parcel Map No. 36369 (PA11-0056) was approved by the Planning Director at the Director's Hearing of June 6, 2011, and is valid for three years, expiring on June 6, 2014. All public improvements are in place and the survey monuments have been set. The property owner has met the terms of the Conditions of Approval for map recordation and this parcel map is in conformance with the approved tentative parcel map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1. Fees and Securities Report 2. Vicinity Map 3. Reduced Copy of Parcel Map No. 36369 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 36369 DATE: January 10, 2012 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 0.00 $ 0.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 0.00 $ 0.00 Monumentation $ 0.00 - DEVELOPMENT FEES RCFCD (ADP) Fee Development Impact Fee SERVICE FEES $ Paid $ Paid Planning Fee $ 353.00 Fire Fee $ 251.00 TCSD Fee $ 171.00 Plan Check Fee $ 2,764.00 Monumentation Inspection Fee $ 0.00 Fees Paid to Date $ 3,539.00 Balance of Fees Due $ 0.00 Z CC -cc 040.67441, 555 407(5 µ'4t0: 465 Allis /3455 0'54(412 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36369 82/16 A 5000/✓/5/0N OF PARCEL 3 OF PARCEL 4145 NO. 3010), RECORDED /N BOOK 204 PAGE'S 60 190741 64 019555' 5TA1LAIN7 OF PARCEL AMPS, 1/1 1115 OF1705 OF THE COUNTY RECORDER OF 5/175/95 /001704 37475 OF CAL/FORN/A. .1575 574 T 76515 110507475 OF ME 444/0 //502/0➢ MCYY/ .N£ 5'SM50) SNOW .150550 A415 AM )tis 001Y 50704' 5765 /01/07'/5 2'5$5457 7 PASS A 2dF NY 79 SOO ass 777/ 001/596"707,,/EM.W20NO 74950 0' 15E8/5NR9,71 MAP 45 SNOW 7.077 T1£ 0501/1/1£ 50957141E / *5554*0747E 777777 5/095 055570 4(G// 01FPLW004)5 4/0 NAN04374 .400570 751E 712/0 744' 011/4550R 5.4.5555 .745/91 40/1057 491/745.7/.STNN2t1'WO 5757 .G'S/ 0/1 177 540 59175 0" 403351 craw PE 51551 8.:41/71/70` RAW. 4450 17/5 rro 055 or -TN 4051(23/% arcs 40,110 R'/ 01EE1/42 051E707 74507 2 45 2104%' 1575953 41/7077/0074410410170?553' 77441750/70' IYr 140471011 71070 577.11 4/47 .55 .0.5004709 45 T 5,E 5.4/ 7A04 /0 OI/4 NO 26 A 01//50$24114735414841155190/7 , 9A,£- 1507' MAR/' 2/RL253 Rata 050405 27.75 9124/80 21.574 4 1/ 0/41 ar 43 IRUSFS ta/J:F4 063 0/ 174005 8/2 7) 01/-112.'7 4 25/4 45 41. 75,71/47/1110 2070-0515449 07 0C90:41 RECOMS 84 ._ y 04/2 11-9'11 911.."5 R- 11113- z .. 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GRAPHIC MILE //9/3655£ 5200' 402'815"* 2551 /1815035'8 560' N52G52515 1505 — �iil PacoLAI‘E - /;5/'255s7 FAQ 4 \ i � P1JL .3107 FN✓/RM/MFNIN /'/z's113NIN70 NOBS 1. 09585056 /G 10/'(4, 5 47765.777' (55) 0515 0" .5E 50(001 P`402204' 093247.47629' All i".O°058 535'7701? *79174'54504854'h:10591,4.2'7^' (411FY/WCA *507018 G 8GNOJXY 5IL4NAR 459TYA1lFv25(N58 100 48515'.4 116 655 bair,' PAL£ 374 Item No. 6 Approvals City Attorney Director of Finance % ?g0 City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 10, 2012 SUBJECT: Implementation Agreement for the National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit for the Santa Margarita River Drainage Area PREPARED BY: Mayra De La Torre, Senior Engineer — Land Development Aldo Licitra, Associate Engineer— NPDES RECOMMENDATION: That the City Council: 1. Approve the National Pollution Discharge Elimination System (NPDES) Stormwater Discharge Permit Implementation Agreement for Santa Margarita Drainage Area. 2. Authorize payment of $581,716.00 to the Riverside County Flood Control and Water Conservation District, which represents the City's cost -share contribution for FY 2011-12 per the Implementation Agreement. BACKGROUND: On November 10, 2010, the San Diego Regional Water Quality Control Board (Board) issued a new NPDES permit to the Santa Margarita River (SMR) permittees of Riverside County. The SMR permittees consist of the City of Temecula, City of Murrieta, City of Wildomar, County of Riverside, and Riverside County Flood Control District. This new permit requires the permittees to regulate the discharge of urban runoff within their respective jurisdictions and is based on similar permits previously issued to San Diego and Orange counties. The new permit contains significant modifications to the existing permit and requires major enhancements to the City's NPDES program. The permit specifies stricter requirements to existing components while adding new components (e.g. Low Impact Development, Hydromodification, Retrofitting existing developed areas) that must also be addressed to comply with the Federal Clean Water Act and prevent Notices of Violations and possible fines from the Board. In order to ensure full compliance with the regional components of the permit, as well as guarantee uniform county -wide implementation and an economy of scale, the permittees have negotiated a cooperative Implementation Agreement (IA), effective throughout the five-year permit term, that delegates responsibilities of the permittees, identifies the regional components, and establishes proportional cost-sharing contributions. The regional components covered by the IA include water sampling programs, the Watershed Stormwater Management Plan (SWMP), special studies, municipal staff training, public outreach programs, annual watershed reports, business inspections, Receiving Water Monitoring Reports, and Reports of Waste Discharge (ROWDs). Cost -share contributions were calculated based on each permittee's population and benefit assessment units (BAUs). The Riverside County Flood Control District, acting as Principle Permittee, will administer the IA, implement the regional components, oversee consultants, and manage the cost-sharing contributions. The cost for the City of Temecula, based on the cost -share formula in the IA, is $581,716 for FY 2011-12. FISCAL IMPACT: $581,716 has been budgeted in the NPDES Division Operating Budget to pay for Temecula's share of the IA for FY 2011-12. ATTACHMENTS: 1) Implementation Agreement 2) Cost Summary Table P8/141799 AGREEMENT National Pollutant Discharge Elimination System 2 Stormwater Discharge Permit Implementation Agreement 3 San Diego Region 4 (Santa Margarita Drainage Area) 5 This Implementation Agreement ("Agreement"), entered into by the RIVERSIDE 6 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (the 7 "DISTRICT"), the COUNTY OF RIVERSIDE (the "COUNTY"), and the CITIES OF 8 9 MURRIETA, TEMECULA and WILDOMAR (the "CITIES"), collectively referred to as 10 "COPERMITTEES" and sometimes also referred to as 'Parties", individually each as "Party", 11 establishes the responsibilities of each Party concerning the implementation of and compliance 12 with the National Pollutant Discharge Elimination System ("NPDES") Municipal Separate Storm 13 Sewer System ("MS4") Discharge Permit issued by the California Regional Water Quality 14 Control Board — San Diego Region (CRWQCB-SDR) pursuant to Order No. R9-2010-0016 (the 15 "NPDES Permit"). 16 RECITALS 17 WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water 18 Act ("CWA") (33 U.S.C.§1342(p)); and 19 WHEREAS, Section 402(p) of the CWA requires certain municipalities to obtain 20 NPDES Permits in order to discharge stormwater from MS4s to waters of the United States; and 21 WHEREAS, Section 402(p) of the CWA requires operators of certain industrial 22 facilities to obtain NPDES permits for stormwater discharges associated with designated 23 industrial activities, including construction activities; and 24 WHEREAS, Section 402(p) further requires the United States Environmental 25 Protection Agency ("EPA") to promulgate regulations for NPDES permit applications; and 26 WHEREAS, EPA adopted such regulations in November 1990; and 27 WHEREAS, EPA delegated authority to the California State Water Resources 28 Control Board ("SWRCB") to administer the NPDES permit process within the boundaries of the State of California; and -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 WHEREAS, SWRCB has in turn delegated its NPDES permitting authority to the California Regional Water Quality Control Boards to administer the NPDES permit process within the boundaries of their respective regions; and WHEREAS, the jurisdiction of the CRWQCB-SDR includes that portion of Riverside County known as the Santa Margarita Region; and WHEREAS, DISTRICT was created to provide for, among other things, the control of flood and stormwaters within the County of Riverside and is empowered to investigate, examine, measure, analyze, study and inspect matters pertaining to flood and storm waters; and WHEREAS, on January 15, 2009, DISTRICT, COUNTY and CITIES submitted a Report of Waste Discharge as an application to renew NPDES Permit No. CAS0108766; and WHEREAS, the application for renewal of the NPDES Permit was submitted in accordance with the provisions of the previous NPDES permit (Order No. R9-2004-001) which expired on July 14, 2009; and WHEREAS, on November 10, 2010, the CRWQCB-SDR adopted Order No. R9- 2010-0016 to serve as Waste Discharge Requirements in accordance with Section 13263(a) of the California Water Code and as an NPDES permit pursuant to Section 402(p) of the CWA; and WHEREAS, the NPDES Permit meets or exceeds the requirements of Section 402(p)(3)(B) of the CWA; and WHEREAS, the NPDES Permit designates the DISTRICT, COUNTY and CITIES as COPERMITTEES; and WHEREAS, the NPDES Permit requires designation of a "Principal Copermittee", and DISTRICT, COUNTY and CITIES have agreed that DISTRICT will serve as Principal Copermittee for the term of the NPDES Permit; and WHEREAS, the Parties believe that cooperation between COPERMITTEES in the administration and implementation of the NPDES Permit is in the best interest of COPERMITTEES; and WHEREAS, the NPDES Permit provides that the COPERMITTEES collaborate -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 in the development and implementation of various requirements of the NPDES Permit; and WHEREAS, DISTRICT is willing to utilize its staff to coordinate the activities of COPERMITTEES to facilitate compliance with the NPDES Permit and CWA requirements; and WHEREAS, DISTRICT established the Santa Margarita Watershed I3enefit Assessment Area (the "BENEFIT ASSESSMENT") pursuant to District Ordinance 14 on May 14, 1991 to offset the DISTRICT'S program and administrative costs associated with the development, implementation and management of the Federally -mandated NPDES Program and DISTRICT is willing to use BENEFIT ASSESSMENT funds to support the DISTRICT's role as Principal Pennittee and to support regional program costs to the extent that BENEFIT ASSESSMENT funds are available and can be used for regional programs; and WHEREAS, COPERMITTEES are to perform and/or execute certain activities prescribed in the NPDES Permit that will benefit all COPERMITTEES. NOW, THEREFORE, the Parties do mutually agree as follows: 1. Incorporation of the NPDES Permit. The NPDES Permit is hereby incorporated by reference in its entirety and made a part of this Agreement as Exhibit "A" 2. Delegation of Responsibilities. The responsibilities of each of the COPERMITTEES under the NPDES Permit are reiterated below in subsections 2.a. and 2.b. Additional delegated responsibilities of the Parties under this Agreement to implement and/or comply with the NPDES Permit are set forth below in subsections 2.c. through 2.h.: a. DISTRICT shall: (1) Comply with Section M (Principal Copermittee Responsibilities), including coordinating the development of updates and reports on programs required under the NPDES Permit that are jointly required of each COPERMITTEE, including the Watershed Water Quality Workplan ("Watershed Workplan"), Standard Storm Water Mitigation Plan ("SSMP"), Hydromodification Management Plan ("HMP"), a model Jurisdictional Runoff -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/I41799 Management Plan ("JRMP"), the Receiving Waters and MS4 Discharge Monitoring and Reporting Program No. R9-2010-0016, and any other reports prepared by the DISTRICT on behalf of the COPERMIT'I'EES as required by Sections K.1 and K.2 of the NPDES Permit. DISTRICT will provide COUNTY and CITIES an opportunity to participate in the development and review of, and comment on, such programs, plans and reports prior to submittal to the CRWQCB-SDR. (2) Comply with Sections A through P (Prohibitions and Receiving Water Limitations, Non-Stormwater Discharges, Non-Stormwater Dry Weather Action Levels, Stormwater Action Levels, Legal Authority, JRMP, Watershed Workplan, Fiscal Analysis, Total Maximum Daily Loads ("TMDLs"), Program Effectiveness Assessment and Reporting, Reporting, Modifications of Programs, Receiving Waters and MS4 Discharge Monitoring and Reporting Program, Standard Provisions, Reporting Requirements and Notifications, as well as Additional Provisions, respectively), as they pertain to pollutant discharges from DISTRICT owned and operated MS4 which are generated directly from or by DISTRICT facilities and operations, at no cost to COUNTY and CITIES. b. COUNTY and CITIES, at no cost to DISTRICT, shall, for land area within their individual jurisdictions: (1) Comply with Sections A through P (Prohibitions and Receiving Water Limitations, Non-Stormwater Discharges, -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/I41799 Non-Stormwater Dry Weather Action Levels, Stormwater Action Levels, Legal Authority, JRMP, Watershed Workplan, Fiscal Analysis, TMDLs, Program Effectiveness Assessment and Reporting, Reporting, Modifications of Programs, Receiving Waters and MS4 Discharge Monitoring and Reporting Program, Standard Provisions, Reporting Requirements and Notifications, as well as Additional Provisions, respectively), as they pertain to pollutant discharges from COUNTY/CITY owned and operated MS4, which are generated by jurisdictional land uses, facilities, and operations of the respective COUNTY and CITIES. (2) Demonstrate compliance with NPDES Permit requirements through timely implementation of the JRMPs; any COPERMITTEE-specific elements of the Watershed Workplan and Monitoring and Reporting Program; and any approved modifications, revisions or amendments thereto. (3) Provide to DISTRICT (on DISTRICT -provided forms) information needed to satisfy the reporting requirements as described in Sections G, N, and Provision III of Attachment E, or to respond to information requests from the CRWQCB-SDR. COUNTY and CITIES shall specifically: (a) Submit data necessary to prepare updates to the Watershed Workplan to the DISTRICT no later than August 31st of each year. (b) Submit any monitoring and sampling data individually collected pursuant to the MS4 Permit, to the DISTRICT at least quarterly as necessary for -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 DISTRICT to track and prepare reports under the Monitoring and Reporting Program. All applicable monitoring and sampling data individually collected within each fiscal year must be received by DISTRICT no later than August 15th of each year, for inclusion in the monitoring annual report that will be prepared and submitted by the District, pursuant to Section 2.e. herein. (c) Provide one completed bound hard copy, and two electronic copies (PDF preferred) on CD or DVI), of the completed JRMP annual report to the DISTRICT no later than October 15th of each year. (d) Provide information on existing MS4 facilities, "major outfalls" (as defined in the NPDES Permit) and/or other data as it pertains to facilities of the COUNTY or CITIES when requested by DISTRICT. c. Public Education Program. On behalf of COPERMITTEES, DISTRICT shall conduct public education activities on a regional basis that focus on reducing pollution of urban runoff within the Santa Margarita Region, including, as appropriate, developing and disseminating broadcast, online and/or print outreach and advertising, developing brochures, and attending public events. DISTRICT shall also develop and implement mechanisms to determine the effectiveness of the regional public education program. The COUNTY and CITIES shall be individually responsible for developing and implementing any supplemental public education programs that may be necessary to target -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 individual communities or stakeholders within their respective jurisdictions, pursuant to Section F.6. of the NPDES Permit. d. COPERMITfEE Training Program. On behalf of COPERMITTEES, and as requested by the COPERMITTEES, DISTRICT shall develop and conduct regional training sessions for COPERMITFEE personnel, covering the aspects of the programs developed by DISTRICT pursuant to Section 2.a.(1) of this AGREEMENT that are regionally uniform among COPERMITTEES. The COUNTY and CITIES shall be individually responsible for developing and implementing and reporting upon any supplemental training that may be necessary to ensure that their personnel are trained adequately regarding local policies and procedures for implementing the requirements of the NPDES Permit, pursuant to section F.6. of the NPDES Permit. Monitoring Program. On behalf of the COPERMITTEES, DISTRICT shall perform sampling of surface water and urban runoff in accordance with the provisions of the NPDES Permit Monitoring and Reporting Program ("MRP"), Attachment E Provisions ILA and 11.D-[I.F, and prepare and submit Monitoring Reports in accordance with Provision III of Attachment E. The location of the sampling sites shall be determined by COPERMITTEES, subject to approval by CRWQCB-SDR. For Provision II.B. and ILC of the MRP, DISTRICT will coordinate with COPERMITIEES in developing a plan for identifying the list of outfalls to be sampled each year in accordance with the NPDES Permit, and COPERMITTEES shall be individually responsible for conducting outfall sampling, source identifications, and enforcement as necessary for their outfalls. The COPERMITTEES -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 may, subject to Section 3 herein, request the DISTRICT to conduct the initial outfall sampling required in Provisions II.B. and II.C. on behalf of the COPERMITTEES, however, all source identifications (including any follow-up sampling) and enforcement that may be required will remain the individual responsibility of the respective COPERMITTEES. The DISTRICT shall also enter into a contract with a local lab to provide analysis of water quality samples collected under the MRP. The contract shall be used strictly for water quality samples collected to comply with Provision II of the MRP. DISTRICT shall prepare and submit Monitoring Reports, as required by Provision III of Attachment E, based on data collected by the DISTRICT on behalf of the COPERMITTEES, and data provided to the DISTRICT by the COPERMITTEES in accordance with Section 2.b.(3)(b) of this Agreement. f. Consultant Services. In the event DISTRIC f requires the services of a consultant(s) to assist in performing duties conducted on behalf of the COPERMITTEES pursuant to Section 2 of this Agreement, the cost of said consultant(s) services shall be shared by COPERMITTEES in accordance with the cost sharing provisions set forth in Section 3 of this Agreement. COUNTY and CITIES shall be notified in writing of DISTRICTS request for proposals from one or more consultants, selection of a consultant, consultant's fee, contract timetable and payment schedule, and be allowed the opportunity to participate in decisions related to consultant's services. All consultant agreements are contingent upon the consulting firm's ability to meet DISTRICT standards and requirements, and where applicable approval by the DISTRICT'S -8- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 Board of Supervisors. g. Support for Regional Programs. The COPERMITfEES shall jointly provide funding for certain regional efforts that benefit the Santa Margarita Region, including but not limited to: County Environmental Health's Compliance Assistance Program; the County Fire Department's 1 -Hazardous Materials Team; County Environmental Health's 1 {ousehold Hazardous Waste and Antifreeze, Batteries, Oil and Paint collection program; the DISTRICT'S membership with the California Stormwater Quality Association on behalf of COPERMITTEES; the DISTRICT'S administration of Principal Permittee duties, and other NPDES support activities as described in this Agreement, or as needed and agreed to by the COPERMITTEES. Where these programs are implemented countywide in support of other NPDES permit regions, the DISTRICT shall estimate the portion of the total cost of these regional programs that benefits the Santa Margarita Region. h. Regulation and Enforcement. COUNTY and CITIES shall be responsible for the regulation and enforcement of Local ordinances and regulations within their respective jurisdictions to ensure compliance with the NPDES Permit, and to prevent pollutants originating from within their respective jurisdictions from being discharged into the jurisdiction of another Party in a manner which could cause that Party to violate the NPDES Permit. This includes the exercise of police powers and land use controls and the enforcement of ordinances that COUNTY or CITIES presently have adopted or may adopt in the future. -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 3. Shared Costs. Costs for services to be performed in accordance with Sections 2.c., 2.d., 2.e. and 2.f. of this Agreement shall be shared by the Parties in accordance with the procedure specified below. In December of each year of this Agreement the DISTRICT shall: a. Estimate the costs of services specified in Sections 2.c., 2.d., 2.e. of this Agreement and 2.11 for the upcoming fiscal year ("ESTIMATED COSTS"); b. Estimate the DISTRICT'S internal costs for developing, implementing and administering the NPDES program in the Santa Margarita Region as specified in 2.a. ("INTERNAL COSTS"); c. Estimate the revenues expected from the BENEFIT ASSESSMENT program ("ASSESSMENT REVENUES"); d. Determine actual costs for NPDES programs administered in the previous fiscal year; and e. Determine Credits or Debits ("CREDITS" or "DEBITS") due to COUNTY and CITIES based on the difference of the actual contributions from the previous fiscal year with the actual contributions provided by the COUNTY and CITIES for that fiscal year. By February 1st of each year of this Agreement, the DISTRICT, CITIES and COUNTY, through a NPDES representative assigned by the General Manager -Chief Engineer, City Managers, and County Executive Office, respectively, shall approve, by majority vote, ESTIMATED COSTS for the upcoming fiscal year. 3.1 DISTRICT Contribution The DISTRICT contribution ("DISTRICT CONTRIBUTION") to programs specified in Sections 2.c., 2.d., 2.e., and 211 for the upcoming fiscal year shall be determined using the following formula: DISTRICT CONTRIBUTION = ASSESSMENT REVENUES - -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 INTERNAL COSTS - 20% ASSESSMENT REVENUE. If the calculation yields a negative result, the DISTRICT shall have no contribution for the upcoming fiscal year other than the INTERNAL COSTS it has incurred. 3.2 COUNTY and CITIES Contribution The total shared COUNTY and CITIES contribution (the "COMBINED CONTRIBUTION") shall be determined using the following formula: COMBINED CONTRIBUTION = ESTIMATED COSTS - DISTRICT CONTRIBUTION. The COUNTY'S and individual CITIES' respective pro rata share of the COMBINED CONTRIBUTION ("INDIVIDUAL CONTRIBUTION") shall be determined on the basis of an equally weighted average of population and Benefit Assessment Units within the Santa Margarita Region of Riverside County. More specifically, such percentage contribution shall be calculated as the equally weighted average of: (a) The population of COUNTY or individual CITIES within the Santa Margarita Region, divided by the total population of the COUNTY and CITIES in the Santa Margarita Region and; (b) The calculated number of Benefit Assessment Units ("BAU") for COUNTY or individual CITIES, divided by the total BAU for COUNTY and individual CITIES. The INDIVIDUAL CONTRIBUTION shall be further adjusted by any CREDITS or DEBITS due from the previous fiscal year. The population of CITIES shall be determined by the latest California State Department of Finance population figures issued in May of each year. COUNTY population shall be based on the most current Tax Rate Area ("TRA") information best fitting the Santa Margarita Region. The BAU count of COUNTY and CTTIES shall be estimated by comparing the most current TRA information best fitting the Santa Margarita Region with the Assessment District retains 20% of assessment revenue as a reserve for District's administrative and program costs associated with the NPDES Permit pursuant to RCFC&.WCD Ordinance No. 14. -11- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 Rolls from the current fiscal year's BENEFIT ASSESSMENT Engineer's Report. COUNTY and CITIES may generate credits toward payments due by providing labor or services in lieu of cash payments. DISTRICT shall determine value of labor or services based on ESTIMATED COSTS for the fiscal year. DISTRICT shall invoice COUNTY and CITIES for INDIVIDUAL CONTRIBUTION at the beginning of each fiscal year and said invoice shall be due and payable by COUNTY and CITIES within 60 days of receipt of invoice from DISTRICT. The COMBINED CONTRIBUTION for COUNTY and CITIES shall not exceed $2,200,000 (two million, two hundred thousand dollars) annually under this Agreement. 4. Term of the Agreement. The term of this Agreement shall commence on the date of execution by the duly authorized representative of at least three of the five COPERMITTEES. The term of this Agreement shall extend for up to eighteen (18) months beyond the period of time in which the term of the NPDES Permit remains in valid force and effect, unless terminated prior to that date by agreement by all the Parties or withdrawal of all of the Parties in accordance with the terms of this Agreement. 5. Additional Parties. Any City which incorporates after the date of issuance of the NPDES Permit and/or after the commencement of this Agreement ("Prospective City") may file a written request with DISTRICT asking to be added as a Party. Upon receipt of such a request, DISTRICT shall solicit the approval or denial of the Parties. If a majority of the Parties, each having one, co -equal vote, approves the addition of the Prospective City, this Agreement shall be amended to reflect the addition, and the Prospective City shall thereafter become a Party under this Agreement. Upon execution of the Amended Agreement, the Prospective City shall be responsible for the shared costs discussed in Section 3 of this Agreement for the then -current budget year and any subsequent budget year. 6. Withdrawal from the Agreement. Any Party shall be eligible to withdraw from this Agreement after first giving 60 days written notice to the DISTRICT and the CRWQCB-SDR. The withdrawing Party shall agree in such notice to apply with the CRWQCB- SDR for a separate NPDES permit and to comply with all of the requirements established by -12- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 CRWQCB-SDR. In addition, withdrawal shall constitute forfeiture of all of the withdrawing Party's already -paid share of the costs allocated pursuant to Section 3. The withdrawing Party shall be responsible for any lawfully assessed penalties as a consequence of its withdrawal. In addition, the withdrawing Party shall remain liable as an hldemnitor Party after the effective date of its withdrawal as described in Section 7 below. The cost allocations to the remaining Parties shall be recalculated in the following budget year. 7. Mutual Indemnification. Each Party (hereafter "Indemnitor Party") shall indemnify, defend and hold harmless any other Party, together with that Party's employees, officers, managers, governing board members, counsel, representatives and agents (collectively "Indemnitee Parties"), from and against any and all damages, liabilities, losses, demands, lawsuits, orders, actions, causes of action, penalties, judgments, claims, costs and expenses (including reasonable attorneys' fees, including through atl appeals) arising from or related to any violation of the NPDES Permit or this Agreement (collectively "Losses") to the extent caused by (i) by the acts or omissions of the Indemnitor Party and its employees, agents and representatives, (ii) discharges from the Indemnitor Party's jurisdictional area or facilities, and/or (iii) discharges from any MS4 owned or operated by the Indemnitor Party. The obligations of the Indemnitor Party set forth in this Section 7 are non-exclusive and are in addition to, and do not replace or modify, any other rights of action, whether at law or in equity, that any Party may have against another Party. Nothing in this Agreement shall limit the ability of any Party to seek any relief, legal or equitable, against any non -Party. The obligations set forth in this Section 7 shall survive the termination of this Agreement as to all such acts, omissions or discharges as described in subparts (i) through (iii) hereinabove that occurred, or are alleged to have occurred, while a Party during the term of the Agreement up until such time that it is terminated. 8. Amendments to the Agreement. Except as provided in Section 5, this Agreement may only be amended by consent of all Parties. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of all Parties. -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 9. Authorized Signatories. The General Manager -Chief Engineer of DISTRICT, the Chief Executive Officer of COUNTY and the City Managers of CITIES (or their designees) shall be authorized to execute all documents and take all other procedural steps necessary to file for and obtain an NPDES permit(s) or amendments thereto. 10. Notices. All notices shall be deemed duly given when delivered by hand; or three (3) days after deposit in the U.S. Mail, postage prepaid. Notice to the Parties shall be sent to the publically advertised mailing address for the Party. 11. Governing Law and Severability. This Agreement shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 12. Consent to Waiver and Breach. No term or provision hereof shall be deemed waived and no breach excused, unless the waiver or breach is consented to in writing, and signed by the Party or Parties affected. Consent by any Party to a waiver or breach by any other Party shall not constitute consent to any different or subsequent waiver or breach. 13. Entire Agreement. This Agreement and the exhibits attached hereto constitute the entire agreement between the Parties with respect to the subject matter therein; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. 14. Execution in Counterparts. This Agreement may be executed and delivered in any number of counterparts or copies (counterparts) by the Parties. As each Party has signed and delivered at least one counterpart to the other Parties, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the Parties. 15. Non -Waiver of Objections. The entry into, and the performance of this Agreement by the Parties shall not constitute, nor be construed as, any waiver of the COPERMITTEES' objection to any provisions of the NPDES Permit including, without -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 P8/141799 limitation, any provisions identified in the Petition for Review filed by the COPERMITTEES with the SWRCB, or that provisions of the NPDES Permit constitute an unfunded State mandate without subvention of State funds. /// -15- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 77 23 24 25 26 27 28 P8/141799 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the dates set forth below. RECOMMENDED 'O t ROVAL: BA -C. WARREN D. WILLIAMS General Manager -Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL , AND WATER CONSERVATION DISTRICT Dated: /7 2_7( APPROVED AS TO FORM: PAMELA J. WALLS County Counsel n By 'IUIJAtI (WA KARI WATTS-BAZAN Principal Deputy County Counsel Dated: RECOMMENDED FOR APPROVAL: By LARRY PARRISH Interim County Executive Officer Dated: JU:AMM:cw 11/03/11 By MARION ASHLEY, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: KECIA HARPER-IHEM Clerk to the Board By Deputy (SEAL) COUNTY OF RIVERSIDE, By BOB BUSTER, Chairman Riverside County Board of Supervisors ATTEST: KECIA HARPER-IHEM Clerk to the Board By Deputy (SEAL) -16- P8/141799 APPROVED AS TO FORM: CITY OF TEMECULA By By Peter M. Thorson, City Attorney Chuck Washington, Mayor ATTEST: By Dated: Susan W. Jones, MMC, City Clerk -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 APPROVED AS TO FORM: CITY OF MURRIETA By By City Attorney Mayor ATTEST: By Dated: City Clerk -18- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 APPROVED AS TO FORM: CITY OF WILDOMAR By By City Attorney Mayor ATTEST: By Dated: City Clerk -19- Budget Program Element Permit Task SubTask Completion FY11/12 (Projected) FY12/13 Fourth -term Permit Development Permit Application (ROWD) TBD Jan -09 $0 $0 Permit Negotiation $527,612 Nov -10 $0 $0 Permit Adoption Nov -10 $146,637 TBD Legal Support General Legal Support Services Ongoing $30,100 $30,100 Permit Appeal Dec -10 $0 $0 Mandates Claim Nov -11 $50,000 $0 General Support Ongoing $70,000 $70,000 JRMP Dec -11 $75,250 $0 Monitoring Plan Revised Monitoring Plan Jun -12 $250,000 $0 Special Studies Round 1 Apr -12 Special Studies Round 2 Sep -12 Retrofit Study Jun -12 $250,000 $50,000 SSMP SSMP Development Jun -12 $99,750 $0 Hydromod Susceptability Mapping Jun -13 $66,667 HMP Jun -13 $233,333 Road Standards Jun -12 $24,750 $0 Watershed Workplan Jun -12 $98,550 $20,000 Subtotal $948,400 $470,100 District Staff / Admin General Support $627,950 $627,950 Public Education and Outreach School/Business/Permi ttee Training $109,380 5153,333 Water Quality Monitoring Data Collection and Analysis $286,540 $1,212,676 Regional Cooperative Programs Pollutant Control Partnerships $144,340 $154,340 Total Budget $2,116,610 $2,618,399 Cost Sharing Factors Cost Sharing Formula Step 1 Step 2 Step 3 (Temecula) Agency Contributions TBD - To Be Determined AGENCY FY11/12 FY12/13 Prior Year Credits Earned $56,336 TBD RCFC&WCD $472,475 TBD County $331,834 TBD Murrieta $527,612 TBD Temecula $581,716 $788,835 Wildomar $146,637 TBD Total $2,116,610 TBD TBD - To Be Determined AGENCY POP BAUs Weighted % County 61,446 27,885 21.04% Murrieta 101,487 42,290 33.29% Temecula 105,029 49,741 36.76% Wildomar 31,907 9,300 8.92% Totals: 299,869 129,216 100.00% Total Administrative Costs $627,950 $627,950 80% Benefit Assessment Revenue -$472,475 -$472,475 Regional Administrative Share $155,475 $155,475 Regional Administrative Share $155,475 $155,475 Regional Program Share $1,488,660 $1,990,449 Total Regional Share $1,644,135 $2,145,924 Gross Share (36.76%) $604,379 $788,835 Estimated Prior Year Credits -$22,663 $0 Net Share $581,716 $788,835 Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 10, 2012 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Slurry Seal Project FY 2011-12 — Project No. PW11-09 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Project FY 2011-12, Portions of Paseo Del Sol, California Sunset, Rainbow Canyon and Starlight Ridge Areas, Project No. PW11-09. BACKGROUND: The Citywide Slurry Seal Project FY2011-2012 is an annual project that will utilize Rubberized Emulsion Aggregate Slurry (REAS), Tire Rubber Modified Slurry Seal (TRMSS) or Rubber Polymer Modified Slurry (RPMS) to seal the project roadways against water intrusion and deterioration of asphalt concrete pavement wearing surface. Ideally slurry seal is applied every five to seven years as it prolongs pavement life thereby delaying more costly rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Slurry sealing involves cleaning and crack sealing the existing roadway surface, applying the slurry and restoring pavement delineation. Staff has identified the street locations based on a previously completed Pavement Management System (PMS) study, current pavement conditions, time elapsed since the last preventative maintenance measure and geographical proximity. The streets to be sealed this year are portions of Paseo Del Sol, California Sunset, Rainbow Canyon and Starlight Ridge areas. Project specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is $ 423,650.00. FISCAL IMPACT: Adequate funds are available in the Department of Public Works Maintenance Division FY 2011-2012 Budget for Routine Street Maintenance. ATTACHMENTS: 1. Slurry Seal Streets List 2. Location Maps SLURRY SEAL 2011-2012 (August 25, 2011) AREA NAME STREET LENGTH GENPLAN WIDTH PAVING AREA Paseo del Sol Area A EMPEZAR ST 222.63 40 8,905.28 Paseo del Sol Area A FESTIVO ST 545.54 40 21,821.44 Paseo del Sol Area A FESTIVO ST 162.15 40 6,486.20 Paseo del Sol Area A PARCELA CT 226.91 40 9,076.58 Paseo del Sol Area A PAVIA WY 197.77 40 7910.80 Paseo del Sol Area A PENSADOR ST 858.60 40 34,343.91 Paseo del Sol Area A SEMENA ST 203.34 40 8,133.79 Paseo del Sol Area A TERRAZA CT 590.33 40 23,613.31 Paseo del Sol Area A TERRAZA CT 204.12 40 8,164.72 Paseo del Sol Area A TERRAZA CT 202.48 40 8,099.01 Paseo del Sol Area A VIA DESTELLO 547.22 40 21,888.96 Paseo del Sol Area A VIA DESTELLO 883.57 40 35,342.61 Paseo del Sol Area A VIA DESTELLO 280.83 40 11,233.03 Paseo del Sol Area A VIA DESTELLO 297.58 40 11,903.21 Paseo del Sol Area A VIA DESTELLO 286.38 40 11,455.29 TOTAL 5,709.45 228,378.14 Paseo del Sol Area B AUGUSTA WY 177.94 40 7,117.58 Paseo del Sol Area B AVOLA CT 393.75 40 15,750.11 Paseo del Sol Area B BARSANTI DR 388.39 40 15,535.79 Paseo del Sol Area B BASSANO DR 355.80 40 14,232.09 Paseo del Sol Area B BELLOTA CT 303.20 40 12,127.82 Paseo del Sol Area B CAMINATA DR 212.42 40 8,496.96 Paseo del Sol Area B CAMINATA DR 129.99 40 5,199.57 Paseo del Sol Area B CASERTA DR 409.88 40 16,395.18 Paseo del Sol Area B CASERTA DR 226.12 40 9,044.77 Paseo del Sol Area B CASERTA DR 211.27 40 8,450.80 Paseo del Sol Area B CASERTA DR 150.91 40 6,036.60 Paseo del Sol Area B CASTANA DR 329.19 40 13,167.51 Paseo del Sol Area B CENON WY 117.27 40 4,690.92 Paseo del Sol Area B CHARMES CT 295.39 40 11,815.59 Paseo del Sol Area B CHARMES CT 236.44 40 9,457.72 Paseo del Sol Area B DELUCA WY 248.85 40 9,953.98 Paseo del Sol Area B GABBIANO DR 252.64 40 10,105.79 Paseo del Sol Area B GABBIANO DR 220.14 40 8,805.77 Paseo del Sol Area B GABBIANO DR 226.73 40 9,069.37 Paseo del Sol Area B GUEVARA DR 199.72 40 7,988.89 Paseo del Sol Area B GUEVARA DR 738.17 40 29,526.61 Paseo del Sol Area B GUEVARA DR 329.31 40 13,172.24 Paseo del Sol Area B JAMARA CT 268.00 40 10,719.85 Paseo del Sol Area B MARTINA CT 364.47 40 14,578.82 Paseo del Sol Area B MATERA CT 502.14 40 20,085.66 Paseo del Sol Area B PAVIA WY 174.53 40 6,981.39 Paseo del Sol Area B PRIMAVERA DR 577.48 40 23,099.00 Paseo del Sol Area B PUERTO ORO ST 225.02 40 9,000.87 Paseo del Sol Area B PUERTO ORO ST 223.36 40 8,934.47 Paseo del Sol Area B PUERTO ORO ST 222.79 40 8,911.67 Paseo del Sol Area B ROVATO ST 218.09 40 8,723.64 Paseo del Sol Area B ROVATO ST 220.00 40 8,800.05 Paseo del Sol Area B ROVATO ST 235.50 40 9,420.09 Paseo del Sol Area B ROVATO ST 187.02 40 7,480.61 Paseo del Sol Area B SERENO DR 299.89 40 11,995.51 Paseo del Sol Area B SIENA DR 216.65 40 8,666.18 Paseo del Sol Area B SIENA DR 135.00 40 5,400.05 Paseo del Sol Area B TERAMO ST 516.38 40 20,655.19 Paseo del Sol Area B TERAMO ST 703.31 40 28,132.56 SLURRY SEAL 2011-2012 (August 25, 2011) AREA NAME STREET LENGTH GENPLAN WIDTH PAVING AREA Paseo del Sol Area B VOLTA WY 185.02 40 7,400.64 Paseo del Sol Area B VOLTERRA ST 436.39 40 17,455.53 Paseo del Sol Area B VOLTERRA ST 362.05 40 14,482.03 TOTAL 12,426.61 497,065.47 Paseo del Sol Area C ABANA CT 252.46 40 10,098.27 Paseo del Sol Area C ADELANTE ST 154.39 40 6,175.55 Paseo del Sol Area C ADELANTE ST 967.07 40 38,682.86 Paseo del Sol Area C ALCOBA DR 680.02 40 27,200.92 Paseo del Sol Area C ALCOBA DR 387.23 40 15,489.24 Paseo del Sol Area C ALCOBA DR 463.25 40 18,530.07 Paseo del Sol Area C ALCOBA DR 178.77 40 7,150.94 Paseo del Sol Area C ALCOBA DR 34.24 40 1,369.47 Paseo del Sol Area C ALCOBA DR 284.97 40 11,398.98 Paseo del Sol Area C ALCOBA DR 215.06 40 8,602.51 Paseo del Sol Area C BONITA MESA ST 1,252.15 40 50,085.94 Paseo del Sol Area C CAPRI WY 238.30 40 9,532.10 Paseo del Sol Area C CARINI CT 188.38 40 7,535.12 Paseo del Sol Area C CASALA CT 451.22 40 18,048.96 Paseo del Sol Area C CESENA ST 374.49 40 14,979.62 Paseo del Sol Area C CORBIE ST 189.81 40 7,592.54 Paseo del Sol Area C MANTOVA DR 204.82 40 8,192.71 Paseo del Sol Area C NOVARA CT 339.50 40 13,580.07 Paseo del Sol Area C PATERNO ST 1,069.38 40 42,775.37 Paseo del Sol Area C PATERNO ST 405.55 40 16,222.06 Paseo del Sol Area C SASSARI ST 229.90 40 9196.00 Paseo del Sol Area C SASSARI ST 211.74 40 8,469.67 Paseo del Sol Area C SASSARI ST 311.97 40 12,478.90 Paseo del Sol Area C SASSARI ST 203.93 40 8,157.02 Paseo del Sol Area C SAVONA ST 185.28 40 7,411.02 Paseo del Sol Area C SAVONA ST 837.31 40 33,492.27 Paseo del Sol Area C SAVONA ST 366.82 40 14,672.67 Paseo del Sol Area C TIRANO DR 319.73 40 12,789.04 Paseo del Sol Area C TIRANO DR 262.17 40 10,486.68 Paseo del Sol Area C TIRANO DR 262.23 40 10,489.35 Paseo del Sol Area C TIRANO DR 309.33 40 12,373.03 Paseo del Sol Area C TIVOLI ST 444.00 40 17,759.86 Paseo del Sol Area C VALENCE CT 743.98 40 29,759.22 TOTAL 13,019.45 520,778.03 SLURRY SEAL 2011-2012 (August 25, 2011) AREA NAME STREET LENGTH GENPLAN WIDTH PAVING AREA Pechanga Parkway Area A CUPENO LN 515.14 40 20,605.59 Pechanga Parkway Area A CUPENO LN 300.00 40 12,000.00 Pechanga Parkway Area A CUPENO LN 305.00 40 12,199.95 Pechanga Parkway Area A CUPENO LN 1,157.87 40 46,314.83 Pechanga Parkway Area A PECHANGA DR 622.40 40 24,895.89 Pechanga Parkway Area A PECHANGA DR 900.00 40 36,000.00 Pechanga Parkway Area A PECHANGA DR 1,147.69 40 45,907.43 Pechanga Parkway Area A WABASH LN 200.00 44 8,800.00 Pechanga Parkway Area A WABASH LN 300.00 44 13,200.00 TOTAL 5,448.10 219,923.69 Pechanga Parkway Area B BARDMOOR DR 421.23 40 16,849.38 Pechanga Parkway Area B BARDMOOR DR 312.43 40 12,497.36 Pechanga Parkway Area B BAYHILL DR 409.31 40 16,372.46 Pechanga Parkway Area B BAYHILL DR 300.99 40 12,039.49 Pechanga Parkway Area B BAYHILL DR 301.36 40 12,054.48 Pechanga Parkway Area B BRIDGEVIEW CIR 212.41 40 8,496.60 Pechanga Parkway Area B CLASSIC WY 649.37 40 25,974.69 Pechanga Parkway Area B CLASSIC WY 2,051.43 40 82,057.06 Pechanga Parkway Area B CLASSIC WY 280.32 40 11,212.88 Pechanga Parkway Area 8 CLUBHOUSE DR 221.64 40 8,865.70 Pechanga Parkway Area B CLUBHOUSE DR 411.86 40 16,474.32 Pechanga Parkway Area B CLUBHOUSE DR 306.11 40 12,244.27 Pechanga Parkway Area B CLUBHOUSE DR 1,017.08 40 40,683.17 Pechanga Parkway Area B CLUBHOUSE DR 386.96 40 15,478.50 Pechanga Parkway Area B CLUBHOUSE DR 466.89 40 18,675.79 Pechanga Parkway Area B CLUBHOUSE DR 364.24 40 14,569.48 Pechanga Parkway Area B CLUBHOUSE DR 536.67 40 21,466.97 Pechanga Parkway Area B CLUBHOUSE DR 215.37 40 8,614.71 Pechanga Parkway Area B CREEKSIDE WY 267.80 40 10,712.15 Pechanga Parkway Area B CREEKSIDE WY 296.61 40 11,864.53 Pechanga Parkway Area B CREEKSIDE WY 250.00 40 10,000.00 Pechanga Parkway Area B DORAL CT 250.00 40 10,000.00 Pechanga Parkway Area B GLENEAGLES CT 419.02 40 16,760.65 Pechanga Parkway Area B GLENEAGLES CT 200.00 40 8,000.00 Pechanga Parkway Area B GREENSBORO DR 455.42 40 18,216.71 Pechanga Parkway Area B GREENSBORO DR 393.30 40 15,732.01 Pechanga Parkway Area B GREENWAY CIR 200.00 40 8,000.00 Pechanga Parkway Area B MASTERS DR 1,261.15 40 50,445.96 Pechanga Parkway Area 8 MASTERS DR 430.67 40 17,226.94 Pechanga Parkway Area B MURFIELD DR 219.58 40 8,783.19 Pechanga Parkway Area B MURFIELD DR 302.40 40 12,095.80 Pechanga Parkway Area B MURFIELD DR 484.27 40 19,370.92 Pechanga Parkway Area B OLYMPIC WY 298.27 40 11,930.76 Pechanga Parkway Area B OLYMPIC WY 300.45 40 12,017.85 Pechanga Parkway Area B OLYMPIC WY 294.78 40 11,791.15 Pechanga Parkway Area B OLYMPIC WY 286.39 40 11,455.41 Pechanga Parkway Area B OLYMPIC WY 276.66 40 11,066.28 Pechanga Parkway Area B OPEN CT 233.96 40 9,358.44 Pechanga Parkway Area B PALMETTO WY 287.25 40 11,490.15 Pechanga Parkway Area B PALMETTO WY 337.36 40 13,494.54 Pechanga Parkway Area B PALMETTO WY 576.06 40 23,042.38 Pechanga Parkway Area B SAWGRASS CT 200.00 40 8,000.00 Pechanga Parkway Area B SILVERADO LN 886.38 40 35,455.20 Pechanga Parkway Area B TOURNAMENT LN 350.96 40 14,038.34 Pechanga Parkway Area B TOURNAMENT LN 845.66 40 33,826.31 Pechanga Parkway Area B TOURNAMENT LN 447.48 40 17,899.13 Pechanga Parkway Area B WAILEA CT 301.15 40 12,045.94 TOTAL 21,462.81 808,748.05 SLURRY SEAL 2011-2012 (August 25, 2011) AREA NAME STREET From East Mira Loma Drive to Margarita Road Rancho Vista Road LENGTH GENPLAN WIDTH PAVING AREA (SF) 3,800.00 64 243,200.00 TOTAL 3,800.00 243,200.00 SLURRY SEAL 2011-2012 (August 25, 2011) AREA NAME Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A Starlight Area A STREET AGENA ST AGENA ST AGENA ST AGENA ST ARGO CT CENTAUR CT MOONTIDE CT SKY TERRACE DR SOUTHERN CROSS RD SOUTHERN CROSS RD SOUTHERN CROSS RD SOUTHERN CROSS RD SOUTHERN CROSS RD SOUTHERN CROSS RD SPICA CT SPICA CT VIRGO CT LENGTH 366.94 470.20 356.34 833.49 432.11 151.42 1,097.25 1,056.04 515.75 273.40 681.51 656.81 209.00 198.21 585.92 189.31 188.58 GENPLAN WIDTH PAVING AREA 40 14,677.66 40 18,807.92 40 14,253.77 40 33,339.62 40 17,284.33 40 6,056.93 40 43,890.16 40 42,241.43 44 22,692.83 44 12,029.69 44 29,986.54 44 28,899.46 44 9,196.21 44 8,721.04 40 23,436.96 40 7,572.33 40 7,543.05 TOTAL 8,262.28 704.00 340,629.93 Slurry 2011-12 Paseo del Sol Area A - Paseo del Sol Area B - Paseo del Sol Area C Centerline Parcels r\giskarcmap projects\public works \slurry, seal areas 2011_2012 white kb.mxcl Pechanga Parkway Area FY 2011-12 Ma& 44,10 Pechanga Pechanga Centerline Parcels 0 175 350 11 10 Slurry 2011-12 100 Parkway Area A Parkway Area B S,� September 8, 2011 700 1,050 1,400 Feet r:gis\ammap projects\public works\slurry seal areas 2011-2012 white kb.mxd THE CITY OF TEMECULA "Old Traditions, New Opportunities" 0 Rancho Vista Road FY 2011-12 QLINAjVERDE� 700 1400 2100 ft. Map center: 6294933, 2126799 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend - City Streets Parcels Scale: 1:7,212 Starlight Area FY 2011-12 Slurry 2011-12 Starlight Area A Centerline Parcels 0 87.5 175 September 8, 2011 350 525 700 rlgis\arcmap projects\public workslsluny seal areas 2011-2012 white kb.mal Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 10, 2012 SUBJECT: Construction Contract for the Library Parking Expansion, Project No. PW08-07 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP Kendra Hannah-Meistrell, Associate Engineer- CIP RECOMMENDATION: 1. Award a construction contract for the Library Parking Expansion, Project No. PW08-07, to Roadway Engineering & Contracting Inc. in the amount of $209,236; 2. Authorize the City Manager to approve change orders up to 10% of the contract amount, $20,923.60; 3. Make a finding that the Library Parking Expansion Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On May 10, 2011, City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the Library Parking Expansion, Project No. PW08-07. This project will add 35 on -street parking spaces to supplement the Temecula Public Library parking lot. Pauba Road will be widened by approximately eight feet along the stretches directly adjacent to the library and just east of Fire Station No. 84. Existing parkway features such as curb and gutter, sidewalk, landscaping, and utility facilities will be demolished and reconstructed, relocated, and/or restored. The existing lane configuration on Pauba Road will not be impacted. Construction work includes asphalt concrete pavement and aggregate base, curb and gutter, sidewalk, minor retaining walls, and vinyl fence. Twelve bids were received and publicly opened on Wednesday, December 14, 2011. The results were as follows: 1. Roadway Engineering & Contracting Inc. 2. Kormx, Inc. 3. All American Asphalt 4. Hillcrest Contracting, Inc. 5. Sean Malek Engineering & Construction Elite Companies US, Inc. EBS General Engineering, Inc. Ted Enterprises Inc. B&T Works, Inc. Panorama General Engineering, Inc. Moalej Builders, Inc. C.S. Legacy Construction, Inc. $ 209,236.00 $ 223,955.00 $ 245,000.00 $ 262,433.00 $ 288,777.00 Non-responsive Non-responsive Non-responsive Non-responsive Non-responsive Non-responsive Non-responsive Staff has reviewed the bid proposals and deemed those submitted by Elite Companies US, Inc., EBS General Engineering, Inc., Ted Enterprises Inc., B&T Works, Inc., Panorama General Engineering, Inc., Moalej Builders, Inc., and C.S. Legacy Construction, Inc. as non-responsive because original bid bonds were not submitted as required within 24 hours after the Bid Opening. Staff found Roadway Engineering & Contracting Inc. of Mira Loma, California to be the lowest responsible bidder for this project. Roadway Engineering & Contracting Inc. has public contracting experience and has completed similar projects for other agencies. The Engineer's Estimate for the project was $271,000.00. The project specifications allow for 65 working days, which is an approximate duration of three months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Since July 1, 2008 the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Library Parking Expansion Project consists of widening Pauba Road to the north for on -street parking, and since this project is not enhancing the capacity of Pauba Road, the project is exempt. FISCAL IMPACT: The Library Parking Expansion project is identified in the City's Capital Improvement Program, Fiscal Years 2012-2016 and is funded with Development Impact Fees - Library and Capital Project Reserves. Adequate funds are available in the project accounts for the contract amount of $209,236.00 plus the 10% contingency amount of $20,923.60 for a total encumbrance of $230,159.60. ATTACHMENTS: 1. Contract 2. Project Location 3. Project Description CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR LIBRARY PARKING EXPANSION PROJECT NO. PW08-07 THIS CONTRACT, made and entered into the 10th day of January, 2012 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and Roadway Engineering & Contracting Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled LIBRARY PARKING EXPANSION, PROJECT NO. PW08-07, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for LIBRARY PARKING EXPANSION, PROJECT NO. PW08-07. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for LIBRARY PARKING EXPANSION, PROJECT NO. PW08-07. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise CONTRACT C-1 PW08-07 Bid Doc.docx specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: LIBRARY PARKING EXPANSION, PROJECT NO. PW08-07 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED NINE THOUSAND TWO HUNDRED THIRTY SIX DOLLARS and ZERO CENTS ($ 209,236.00 ), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed sixty-five (65) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety-five percent (95%) of the value of the work completed CONTRACT C-2 PW08-07 Bid Doc.docx according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http:llwww.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each CONTRACT C-3 PWO8-07 Bid Doc.docx laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the CITY who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any CITY officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. CONTRACT C-4 PWO8-07 Bid Doc.docx 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has riot, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: Greg Butler Greg Butler Director of Public Works/City Engineer Director of Public Works/City Engineer CONTRACT C-5 PWO8-07 Bid Doc.docx City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 City of Temecula 41000 Main Street Temecula, CA 92590-3606 CONTRACT C-6 PW08-07 Bid Doc.docx IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Roadway Engineering & Contracting Inc. 10247 Bellegrave Ave., Suite 122 Mira Loma, CA 91752 (951) 360-6834 By: Eric Alvarez Print or type NAME President Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Chuck Washington, Mayor CONTRACT C-7 PW08-07 Bid Doc.docx LIBRARY PARKING EXPANSION Infrastructure / Other Project Location Aerial Data - March 2010 0 150 300 Feet 600 A 100 re414,e,C4.4,&01, City of/� LIBRARY PARKING EXPANSION Infrastructure / Other Project Project Description: Study, design, and construct alternatives to provide additional parking for the Temecula Library. Alternatives to include widening Pauba Road on the north side along the Library and the Fire Station to provide a parking bay for on -street parking. This alternative will be designed and constructed during the first funding year. In addition, an alternative to expand the current on-site parking will be studied for future construction consideration. Benefit: Project will provide additional parking for library patrons, meetings, and special programs. Proiect Status: This project has not yet started. Design and implementation of on -street parking alternative is expected to be complete by end of fiscal year 2012. Department: Public Works / Temecula Community Services —Account No. 210.190.153 Priority: Project Cost: Actuals to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Years Project Cost Administration $ 80,000 $ 140,000 $ 220,000 Construction $ 21,654 $250,000 $ 910,000 $ 1,160, 000 Construction $ 10,482 $400,000 $ 1,186,000 $ 1,596,482 Engineering $ 32,136 $ 40,000 $ - $ - $ - $ - $ 45,000 $ 85,000 Design $ 32,136 $ 30,000 $ 91,000 $ 153,136 Totals $ 32,136 $400,000 $ - $ - $ - $ - $1,186,000 $ 1,618,136 Source of Funds: Actuals to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Years Project Cost Capital Project Reserves $ 21,654 $ 21,654 DIF (Library) $ 10,482 $400,000 $ 1,186,000 $ 1,596,482 Total Funding: $ 32,136 $400,000 $ - $ - $ - $ - $ 1,186, 000 $ 1,618,136 Future Operation & Maintenance Costs: 2011-12 2012-13 $ 5,000 2013-14 $ 5,100 101 2014-15 2015-16 $ 5,202 $ 5,306 $ 5,412 Item No. 9 Approvals City Attorney Director of Finance City Manager M -r-• CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Bob Johnson, City Manager Patrick Richardson, Director of Development Services DATE: January 10, 2012 SUBJECT: City Council action to make the City of Temecula the successor agency of The Redevelopment Agency of the City of Temecula for the purposes of dissolving the Redevelopment Agency under the 2011 Redevelopment Agency Termination Legislation, ABX1 26 PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING AN ELECTION IN CONNECTION WITH SERVING AS A SUCCESSOR AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH BACKGROUND: ABX1 26 was signed into law by the Governor of California on June, 29, 2011 and added Parts 1.8 and 1.85 to the Community Redevelopment Law. Part 1.8 immediately suspended most redevelopment agency activities. Part 1.85 provides all existing redevelopment agencies and redevelopment agency components of community development agencies are dissolved, and successor agencies are designated as successor entities to the former redevelopment agencies. The dissolution date was originally established by the legislation as October 1, 2011, but was extended to February 1, 2012, by the California Supreme Court decision upholding the legislation. Except for those provisions of the Redevelopment Law that are repealed, restricted, or revised pursuant to ABX1 26, all authority, rights, powers, duties and obligations previously vested with the former redevelopment agencies under the Redevelopment Law, are vested in the "successor agencies." ABX1 26 imposes numerous requirements on the successor agencies, including continuing to make payments due for enforceable obligations of the agency, remit unencumbered balances of agency funds to the county auditor -controller for distribution to the taxing entities, and dispose of assets and properties of the Agency as directed by the oversight board. ABX1 27 was signed by the Governor concurrently with ABX1 26 and added Part 1.9 to the Community Redevelopment Law. Part 1.9 would have established an Alternative Voluntary Redevelopment Program (AVRP) whereby a redevelopment agency could have, notwithstanding Parts 1.8 and 1.85, been authorized to continue to exist and carry out the provisions of the Community Redevelopment Law. To opt into the Alternative Voluntary Redevelopment Program, a city would have been required to adopt an ordinance by which the city agrees to make specified annual payments to the county auditor -controller for allocation to special districts and educational entities. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California alleging that ABX1 26 and ABX1 27 both violated the California Constitution. On August 11, 2011, the Supreme Court of California decided to hear the case and issued a stay of the implementation of the legislation until the case was decided by the Court. On December 30, 2011, the California Supreme Court issued its Opinion in this case upholding ABX1 26, terminating redevelopment agencies, as a valid and legal exercise of the State's legislative power and invalidating ABX1 27, allowing an Alternative Voluntary Payment to enable a redevelopment agency to continue, as violating the section of the California Constitution that prohibits the State from taking redevelopment funds for state purposes. The Court also extended for four months the deadlines for City and Agency actions described in ABX1 26. DISCUSSION: Staff recommends the City Council adopt a resolution electing for the City to serve as a successor agency to the Redevelopment Agency of the City of Temecula as the Agency is dissolved under ABX1 26. Health and Safety Code Section 34173, a part of ABX1 26 upheld by the California Supreme Court, provides that the City will be the successor agency to the Redevelopment Agency. Under ABX1 26, the City will have the following responsibilities as updated by the Courts extension of the deadlines: • Continue to make payments due for Enforceable Obligations and prepare Recognized Obligation Payment Schedules. By separate actions on the RedevelopmentAgencyAgenda for January 10, 2012, the Agency will approve the Enforceable Obligations Schedule and the draft Recognized Obligations Payment Schedule. • Maintain reserves in the amounts required by indentures or similar bond documents. • Perform obligations required pursuant to Enforceable Obligations. • Remit unencumbered balances of agency funds to the county auditor -controller for distribution to taxing entities, including but not limited to the unencumbered balance of the Low and Moderate Income Housing Fund. • Dispose of agency assets and properties as directed by the Oversight Board. Proceeds from asset sales and related funds that are no longer needed to wind up the affairs of the agency, as determined by the Oversight Board, must be transferred to the county auditor - controller for distribution to taxing entities. The Oversight Board may direct the successor agency to transfer ownership of assets that were constructed and used for a governmental purpose to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. Any compensation to be provided to the successor agency for the transfer of the asset will be governed by the agreements relating to the construction or use of that asset. • Enforce all agency rights for the benefit of taxing entities, including the continued collection of loans, rents, and other revenues that were due to the agency. • Effectuate transfer of housing functions and assets to the City. • Expeditiously wind down the affairs of the Agency in accordance with the direction of the Oversight Board. • Continue to oversee development of properties until the contracted work has been completed or the contractual obligations of the agency can be transferred to other parties. In connection with the completion of contracted work, bond proceeds must be used for the purposes for which the bonds were sold if the purposes can still be achieved, and if not, the bond proceeds may be used to defease the bonds. • Prepare a proposed administrative budget for approval by the Oversight Board, which includes estimated amounts for successor agency administrative costs for the upcoming six month fiscal period, proposed sources of payments for such costs, and proposals for arrangements for administrative and operations services provided by the City. • Provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the county auditor -controller for each six month fiscal period. On September 27, 2011, the City Council Resolution No. 11-67 provided for the City Council's election to serve as the successor agency. The proposed resolution is intended to reaffirm the City's election to be the successor agency in light of the California Supreme Court's decision in California Redevelopment Association et al. v Matosantos, et al., California Supreme Court Case No. S194861. FISCAL IMPACT: In the event the Agency is dissolved and the City is the successor agency, the City will be entitled to an annual administrative cost allowance of not less than $250,000 per year, provided that the allowance will exclude any administrative costs that can be paid from bond proceeds or sources other than property tax, and provided that the amount is subject to reduction if there is a shortfall of funds available to make payments to taxing entities and to pay debt service on enforceable obligations. ENVIRONMENTAL IMPACT: There will be no new environmental impact associated with any of the decisions outlined above. ATTACHMENTS: Resolution RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING AN ELECTION IN CONNECTION WITH SERVING AS A SUCCESSOR AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Redevelopment Agency of the City of Temecula (the "Agency") is a redevelopment agency in the City of Temecula (the "City"), created pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (the "Redevelopment Law"). B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. The Agency is undertaking a program to redevelop the Project Area. C. ABX1 26 was signed by the Governor of California on June 29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code. Commencing upon the effectiveness of ABX1 26, ABX1 26 suspends most redevelopment agency activities and, among other things, prohibits redevelopment agencies from incurring indebtedness or entering into or modifying contracts. Effective October 1, 2011(now February 1, 2012 as a result of the California Supreme Court decision), ABX1 26 dissolves all existing redevelopment agencies and redevelopment agency components of community development agencies, provides for the designation of successor agencies as successor entities to former redevelopment agencies, and provides that except for those provisions of the Redevelopment Law that are repealed, restricted, or revised pursuant to ABX1 26, all authority, rights, powers, duties and obligations previously vested with the former redevelopment agencies under the Redevelopment Law, are vested in the successor agencies. ABX1 26 imposes numerous requirements on the successor agencies and subjects successor agency actions to the review of oversight boards established pursuant to the provisions of Part 1.85. D. Health and Safety Code Section 34173, which is set forth in Part 1.85, provides that a city that authorized the creation of a redevelopment agency may elect to serve, or not to serve, as the successor agency under Part 1.85. E. ABX1 27 was signed by the Governor of California on June 29, 2011, adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health and Safety Code. Part 1.9 establishes an Alternative Voluntary Redevelopment Program whereby, notwithstanding the provisions of Part 1.8 and Part 1.85, a redevelopment agency will be authorized to continue to exist and carry out the provisions of the Redevelopment Law. F. The California Redevelopment Association and League of California Cities have filed a lawsuit in the Supreme Court of California alleging that ABX1 26 and ABX1 27 are unconstitutional. G. On December 30, 2011, the California Supreme Court issued its Opinion in this case ruling that ABX1 26, terminating redevelopment agencies, is valid and legal exercise of the State's legislative power and that ABX1 27, allowing an Alternative Voluntary Payment to enable a redevelopment agency to continue, is unconstitutional as violating the section of the California Constitution that prohibits the State from taking redevelopment funds for state purposes. H. The Court also extended for four months the deadlines for City and Agency actions described in ABX1 26. I. The City Council desires to now adopt this Resolution making an election in connection with serving as a successor agency under Part 1.85. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34173. Section 3. The City Council hereby elects for the City to serve as a successor agency under Part 1.85 in the event the Agency is dissolved pursuant to Part 1.85. Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the County Auditor -Controller. Section 5. The officers and staff of the City are herby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 6. The adoption of this Resolution is not intended and shall not constitute a waiver by the City of any right the City may have to challenge the legality of all or any portion of the implementation of ABX1 26 through administrative or judicial proceedings. Section 7. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines. The City Council has determined that this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (Guidelines Section 15378(b) (5)). Section 8. Nothing contained in this resolution is intended to nor shall be construed to repeal City Council Resolution No. 11-67 as this resolution is intended to reaffirm the City Council's election to serve as the successor agency in light of the California Supreme Court's decision in California Redevelopment Association et al. v Matosantos, et al., California Supreme Court Case No. S194861. Section 9. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of January, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of January, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 9A Approvals City Attorney Director of Finance City Manager Me -r - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager/Director of Community Services DATE: January 10, 2012 SUBJECT: Benefit Concert, Co -Sponsorship Request (at the request of Mayor Washington & Council Member Comerchero) RECOMMENDATION: That the City Council consider: (1) Formation of a Civic Center Concert ad-hoc subcommittee to discuss the logistics/planning of proposed benefit concert; (2) Approval of a co-sponsorship agreement with the Stephen Siller Tunnel to Towers Foundation for City support costs in the amount of approximately $3,900 and in- kind promotional services valued at an amount of approximately $10,865.00 for a benefit concert. This concert will be performed by Gary Sinise and the Lt. Dan Band within the Civic Center Quad/Civic Center Town Square in Old Town Temecula with proceeds returned to assist Military Veteran's; (3) Approve appropriate street closures associated with special event that involve Mercedes Street in front of Civic Center to be determined (in February), half day (Press Conference/Media event) and Mercedes Street/Main Street "Y" on February 28, 2012 from 8:00 am to March 2, 2012 at 2:00 am (Special Event Setup). BACKGROUND: On December 14, 2011, City of Temecula staff and Mayor Pro Tem Washington met with representatives from the Stephen Siller Tunnel to Towers Foundation headquartered on Staten Island, NY. The sole purpose of this Foundation is to honor the legacy of love given by Stephen Siller, FDNY, who laid down his life on 9/11 by "doing good" in his name. The mission is to follow Stephen's footsteps through support of children who have lost a parent, firefighters, and military who have been seriously injured and sacrificed their quality of life in the line of duty. By the time Stephen Siller was 10 years old, he had already lost both parents. Although he went through a period of struggle, because of the love of his siblings and the values instilled in him by his parents, he grew up to be an extraordinary individual. More than most, he knew that time was precious and accomplished much in his 34 years. On September 11th, firefighter Stephen Siller had just gotten off the late shift at Squad 1, Park Slope, Brooklyn. He was on his way to play golf with his brothers on that bright clear day when his scanner told of the first plane hitting the Twin Towers. When he heard the news, he called his wife Sally to tell her he would be late because he had to help those in need. He returned to Squad 1 to get his gear, then took his final heroic steps to the World Trade Center. When Stephen drove his truck to the Brooklyn Battery Tunnel, it was already closed to traffic. With sixty pounds of gear strapped to his back, he ran through the Tunnel hoping to meet up with his own company, Squad 1. Stephen's life and his heroic death serve as a reminder to us all to live life to the fullest and to spend our time here on earth doing good - this is his legacy. The Stephen Siller Tunnel to Towers Foundation is committed to building a Smart Home for all military quadruple amputees. To date, the Foundation has built approximately ten homes. As a part of this military Smart Home Program, active US Marine Corp member, Juan Dominguez, has selected the City of Temecula as his desired place of residence. As such, Standard Pacific Homes has committed to a home site in Paloma Del Sol to construct he and his family a new home (the first one to be constructed in California). While visiting the City of Temecula for this purpose, representatives from the Stephen Siller Tunnel to Towers Foundation were extremely impressed with the Civic Center venue as a possible location for a benefit concert for military veterans. Similar to the setup/stage at the recent Steve Miller "Cross -Over" Rock Symphony Concert held in September, this non-profit envisions such a concert performed by Actor/Musician Gary Sinise and his 12 -piece "Lt. Dan Band" on the steps of the Civic Center property. Mr. Sinise is the star actor in CSI NY and has appeared in many movies and TV shows including Forest Gump. The concert would be attended by the FDNY Honor Guard and is expected to draw 2,500 people. Proceeds from the concert would be used to provide housing for other severely wounded veterans. The Stephen Siller Tunnel to Towers Foundation is requesting that the City of Temecula co- sponsor the Lt. Dan Band benefit concert event, which is proposed for the evening of Thursday, March 1, 2012. Promotors of the event are requesting that the City of Temecula provide the Civic Center Conference Center and meeting rooms, Civic Center Plaza and Town Square Park as the concert venue, City support costs with the exception of Police and Fire costs, as well as street closures as appropriate. In addition, as a co-sponsor of the event, the City may provide cross promotions of marketing efforts, as well as utilization of off-site ticketing software at the Community Theater. Promotors have requested also being allowed to conduct a press conference of the event at the Civic Center steps to be determined (in February). The media event would possibly involve a community band, Danny Rodgriquez from the FDNY, local firefighters and military personnel. It is also envisioned that this media event will involve US Marine Corp Member Juan Dominguez as the beneficiary of the new home to make a special appearance. The City's co-sponsorship and support of this event would be contingent upon the Stephen Siller Tunnel to Towers Foundation acquiring the financial support needed to provide all event logistics such as security, stage and lighting, sound, seating, fencing, as well as pay for Police and Fire support (estimated @ $4,600) and post a refundable cleaning deposit ($1,000). The guidelines for use of the Civic Center Quad/Town Square park for large concert venues is attached. It is envisioned that the City's Co -Sponsorship and support of this event will provide economic stimulus by bringing people to Old Town, and providing assistance/awareness and benefit to wounded veterans. FISCAL IMPACT: The concert is anticipated to attract an attendance of approximately 2,000 to 2,500. The City will provide City -support costs in the amount of approximately $3,900 and in-kind promotional services valued at an amount of approximately $10,865.00. ATTACHMENTS: Co -Sponsorship Agreement Civic Center Large Concert Guidelines Bio On US Marine Corpsman Juan Dominguez SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND STEPHEN SILLER TUNNEL TO TOWERS FOUNDATION THIS AGREEMENT is made and effective as of this 10TH day of January 2012, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and the Stephen Siller Tunnel to Towers Foundation, a public benefit 501.3c corporation (hereinafter referred to as the "Non -Profit"). 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. The Non -Profit shall host/operate the Lt Dan Band Concert (hereinafter referred to as the "Event") on March 1, 2012. The Event is a special event which is located at the Temecula Civic Center. The event is expected to draw between 2,000 to 2,500 people. The event would utilize the Civic Center Plaza, Town Square Park and the Civic Conference Center. On March 1st the Non -Profit would host a concert in the Civic Center Plaza and the Town Square Park. b. c. d. Benefit Concert by the Stephen Siller Tunnel to Towers Foundation Alcohol WILL be served. The City desires to be a "Co -Sponsor" of the Event. e. The Event will serve as a fundraiser for the Stephen Siller Tunnel to Towers Foundation, a non-profit organization whose charitable work and contribution will benefit disabled veterans. f. The Non-profit must provide all funding for event logistics to include: security, police support, stage lighting and sound, seating, fencing, restrooms, promotion and marketing, etc. 2. TERM This Agreement shall commence on January 10, 2012 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Non -Profit with in-kind City -support services valued at an amount of approximately $3,900.00, and in-kind promotional services valued at an amount of approximately $10,865.00, as listed in Exhibit B, and use of the Conference Center, Civic Center Plaza, and Town Square Park, the City of Temecula shall be designated as a Co - Sponsor of the Event. As a Co -Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Non -Profit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, provide a summary of the revenues and expenses for the event and the net amount generated for the benefit of the Non -Profit. 5. PERMITS The Non -Profit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Non -Profit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Non -Profit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Non -Profit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Non -Profit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Non -Profit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by February 1, 2012, 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 N 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 Recipient 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 Recipient 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. b. Minimum Limits of Insurance. Consultant shall maintain limits no Tess than: 1) General Liability: Two million ($2,000,000) 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. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 Non -Profit; products and completed operations of the Recipient; premises owned, occupied or used by the Non -Profit; or automobiles owned, leased, hired or borrowed by the Non -Profit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Non -Profit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Non -Profit'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 Non -Profit 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. Non -Profit 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 Non -Profit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Non -Profit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Non -Profit 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 Non -Profit 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 Non -Profit to comply with this section. 11. ASSIGNMENT The Non -Profit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited 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: 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 To Recipient: The Tunnel to Towers Foundation Attention: John Hodge, Director of Operations 2361 Hylan Boulevard Staten Island, NY 10306 15. INDEPENDENT CONTRACTOR a. The Non -Profit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Non -Profit shall at all times be under the Non -Profit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Non -Profit's officers, employees, or agents except as set forth in this Agreement. The Non -Profit 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. The Non -Profit 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 the Non -Profit in connection with the performance of this Agreement. Except for the fees paid to the Non -Profit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Non -Profit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Non -Profit for injury or sickness arising out of performing services hereunder. 13. 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. 14. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Non -Profit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Non - Profit and has the authority to bind the Non -Profit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Stephen Siller Tunnel to Towers Foundation (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor John Hodge, Director of Operations ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NON-PROFIT The Stephen Siller Tunnel to Towers Foundation John Hodge 2361 Hylan Boulevard Staten Island, NY 10306 PM Initials:ry Date: //5 /!Z- EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS CO-SPONSOR Stephen Silier Tunnel to Towers Foundation shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers • City of Temecula logo/name on event t -shirt • 10 Benefit" Concert Tickets **Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Stephen Siller Tunnel to Towers Foundation event. The following expenses can be anticipated for the event: Permits/Fees $ 100.00 Police: To be paid by Applicant, estimated cost @ $2,600.00 Fire: To be paid by Applicant, estimated cost @ $2,000.00 Public Works: $ 500.00 City Support Staff $ 3,300.00 TOTAL SUPPORT COSTS: $ 3,900.00 ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Stephen Siller Tunnel to Towers Foundation is as follows: Item Value $ 450.00 $ 5,100.00 Auto Mall Marque $ 3,115.00 Appears approximately once every 4' Y2 minutes $ 2,200.00 City E -letter E -letters are sent out each month to approximately 2,500 residents Cable Channel Event slide appears approximately once per hour for 30 seconds City Website Event listing on the City of Temecula Website TOTAL VALUE: $ 10,865.00 Civic Center Large Concert Guidelines These guidelines have been developed for any individual or group that wishes to use the Civic Center Quad and/or Town Square Park for use as a large concert venue. Permits: * A Special Event Permit must be submitted 45 days prior to event. * A Conditional or Temporary Use Permit must be submitted at least 30 days prior to event. * All plans must be finalized and approved 10 working days from event. * All applicable costs will be determined prior to approval and reviewed with applicant. Insurance Requirements: * All Certificates of Insurance must be received 15 working days prior to the event date. * The insurance carrier must have rating of A -VII or above. Event Holder * Event holder must provide a Certificate of Insurance for Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. * The policy must be placed under the Event Holder's name. The City of Temecula, Redevelopment Agency of the City of Temecula and the Temecula Community Services District must be named as additional insured. Vendors * All vendors must provide a Certificate of Insurance for One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. * Liquor: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. * Policy must be placed under the Vendor's name. * The Event Holder, the City of Temecula, Redevelopment Agency of the City of Temecula and the Temecula Community Services District must be named as additional insured under the Vendor's policy. * The certificate of insurance must describe the event for which the policy is drawn. Ticket Sales: * The Old Town Temecula Community Theater retains the right to control all ticket sales for the event through its Ticket Office. * The Theater Ticket Office will establish ticketing guidelines and policies as its sole discretion. * Event Holder will be required to sign an Off -Site Ticket Services Agreement. Miscellaneous: * Venue can accommodate a maximum of 2,500 spectators. * Event Holder is required to provide event security during entire event * Event Holder is required to provide a Clean-up Plan. Plan must include position of trash and recycling receptacles, dumpster location and number of people responsible for clean-up. The City of Temecula encourages the use of an outside clean-up crew. * All equipment needs must be rented for event. Equipment needs include tables, chairs, lighting and canopies. * A $1,000 refundable cleaning/damage deposit is required for all concerts. Failure of the Event Holder to clean-up after their event will result in a deduction of all or a portion of the cleaning/damage deposit. * The City of Temecula has the right to refuse any application in the interest of public safety * Any damage to City of Temecula property during the course of the event including set-up and breakdown will be the responsibility of the Event Holder. Supplemental Costs: * Supplemental costs are based on a concert with attendance of 1,500-2,000. * Based upon event specifics, additional fees may apply per the Temporary Use Permit Item Estimated Cost Notes.'.; Permits/ Fees $100.00 Public Works $500.00 Road closure, staff, barricades, etc... Police $2,600.00 6 Officers for 6 hours City Support Staff Fire $3,300.00 18 staff for 8 hour shifts $2,000.00 Inspection and bleacher permit fees STEPHEN SILLER TUNNEL TO TOWERS FOUNDATION & THE GARY SINISE FOUNDATION America, "the land of the free and the home of the brave." BUILDING FOR AMERICA'S BRAVEST A PROGRAM TO CONSTRUCT SMART HOMES FOR SEVERELY WOUNDED VETERANS Wounded Warrior: US Marine Lance Cpl. Juan Dominguez Battle Injury: Triple amputee, injured in Afghanistan on October 23, 2010 Funding: Sponsored by Ned Wallace of Wallace Air Cargo Gary Sinise Lt. Dan Band fundraiser Concert — date TBD Smart Home: Temecula, California, estimated to start: Winter 2012 A PROFILE IN COURAGE Corpsman Nurse, Ruth recalled the first moments Juan Dominguez awoke from his coma after stepping on a roadside bomb in Afghanistan that ripped off his legs and his right arm according to John Brian Losh who wrote of his conversation with her. She recounted that his first words to her were; "Don't be sad for me Ma'am, I would do it again for my country." Later, in an interview with the LA Times, Juan stated, "The Taliban failed, their purpose was to kill me, I survived." Juan has done so much more than survive. Despite his catastrophic injuries, multiple surgeries, grueling occupational and physical therapy sessions, Juan is thriving. As a matter of fact, Juan is preparing to run one day in the Marine Corps Marathon and the annual Tunnel to Towers Run. On October 23, 2010, when Lance Cpl. Juan Dominguez slipped down a small embankment while out on patrol and landed on a buried bomb, the explosion could be heard for miles, according to an Associated Press article. He said, "It had to be a 30- to 40 -pounder." His legs were severed above the knee, and his right arm was mangled and could not be saved. The Associated Press article details how a Navy corpsman, risking sniper fire, rushed to Dominguez and stopped the bleeding. On the trip to the field hospital, Dominguez prayed. "I figured this was God's will, so I told him: 'If you're going to take me, take me now' Juan said. God did not take Juan on that fateful day. Perhaps it was to be able to watch his daughter Victoria grow up. Or to let Juan have many more years of enjoying the music he so loves to play. For certain, his grit, determination and spirit has served, and will continue to serve, as an inspiration to his fellow wounded warriors. Or perhaps he is here for all Americans who come into contact with him, so they can come face to face with a brave heart who has sacrificed so much for our freedom. We cannot enter into the mind of God, but one thing is certain Juan has no regrets. He said, "My injuries that I sustained in Afghanistan against the enemy forces were well worth it. I love this country." Wallace Air Cargo's owner Ned Wallace, the Tunnel To Towers Foundation and the Gary Sinise Foundation are anxious to begin to find a great location to build a Smart home for Juan where he can see his Victoria grow into a beautiful young women, play his music, train for the Marine Marathon and live his life to the fullest. Our hope is that this home reinforces his sentiments that his injuries were well worth it and that his country loves him as well. TEMECULA COMMUNITY SERVICES DISTRICT Item No. 10 ACTION MINUTES of DECEMBER 13, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 8:00 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 16 Action Minutes — Approved Staff Recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Approve the action minutes of November 22, 2011. 17 Financial Statements for the Three Months Ended September 30, 2011 — Approved staff recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2011. 18 License Agreement to add Parking for the Theater — Approved staff recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Approved a license agreement between Temecula Community Services District (TCSD) and Dennis G. Munyon for use of the Oakpark Executive Suites parking lot. This is a three-year agreement with an annual payment of $9,500.00 CSD Action Minutes1121311 1 CSD BUSINESS 19 Appointment of President and Vice President of the Temecula Community Services District for calendar year 2012 RECOMMENDATION: 19.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2012, to preside until the end of calendar year 2012; Appointed Jeff Comerchero as President through the end of calendar year 2012 (5-0-0 — Director Washington made the motion; it was seconded by Director Naggar; and voice vote reflected unanimous approval. 19.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2012, who will assume the duties of the President in the President's absence, and hold this office until the end of calendar year 2012. Appointed Maryann Edwards as Vice President through the end of calendar year 2012 (5-0-0) — Director Washington made the motion; it was seconded by Director Naggar; and voice vote reflected unanimous approval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:50 P.M., the Temecula Community Services District meeting was formally adjourned to a meeting on Tuesday, January 10, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes1121311 2 Item No. 11 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Assistant City Manager DATE: January 10, 2012 SUBJECT: Second Amendment to the Willdan Financial Services Agreement for Assessment Engineering Services PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: Approve the Second Amendment to the Willdan Financial Services Agreement to extend the term for one year and increase the payment by $39,500.00. BACKGROUND: In November 2008, the Temecula Community Services District (TCSD) prepared a Request for Proposal for assessment engineering services. TCSD received five proposals which were reviewed and ranked by a committee. Based on their proposal content and service fee amount, one firm, Willdan Financial Services was interviewed by the committee in January 2009. After the interview the committee determined that Willdan Financial Services was the most qualified firm to provide the required assessment engineering services. Willdan Financial Services maintains an office in Temecula and they have access to Temecula's historical assessment data. In February 2009 the TCSD entered into an agreement with Willdan Financial Services for annual assessment engineering. In December 2009 the TCSD entered into the First Amendment to the agreement to extend the term and payment sections of the agreement. The First Amendment's term is set to expire on December 31, 2011. The TCSD is satisfied with the level and quality of service provided by Willdan and would like to extend the term, as provided in the original contract, to December 31, 2012. The payment for the additional one year of service will increase the contract amount by $39,500.00. This will bring the total payment to $154,500.00 over a four year period. FISCAL IMPACT: Adequate funds are available in the 2011-2012 Temecula Community Services District (TCSD) Operating Budget ATTACHMENTS: Second Amendment and Attachment A SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND WILLDAN FINANCIAL SERVICES FOR ASSESSMENT ENGINEERING SERVICES THIS SECOND AMENDMENT is made and entered into as of January 10, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Willdan Financial Services, 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 February 10, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Assessment Engineering Services", in the amount of $39,500.00. b. On December 8, 2009, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Assessment Engineering Services," to extend the term of the agreement to December 31, 2011 and increase the payment in the amount by $75,500.00. c. The parties now desire to extend the term of the agreement to December 31, 2012, increase the payment in the amount by $39,500.00 and to 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 December 31, 2012 unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: follows: The City agrees to pay Consultant quarterly, 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 Second Amendment amount shall not exceed thirty nine thousand five hundred dollars and no cents ($39,500.00), for a total Agreement amount of one hundred fifty four thousand five hundred dollars and no cents ($154,500.00)." 4. Section 14 of the Agreement entitled "NOTICES" 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, 1 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. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "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. TEMECULA COMMUNITY SERVICES WILLDAN FINANCIAL SERVICES DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, CSD President Mark J. Risco, Vice President ATTEST: By: By: Susan W. Jones, MMC, City Anne Pelej, Vice President Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Willdan Financial Services Ms. Josephine Perez -Moses 27368 Via Industria, Suite 110 Temecula, CA 92590 (800) 755-6864 (951) 587-3510 3 FSM Initials: Date: ATTACHMENT A Exhibit B PAYMENT RATES AND SCHEDULE The following fixed fees and schedule of quarterly payments shall be in effect for the scope of services as set forth in Section 2 and 5 of the agreement. 2012 First Quarter Second Quarter Third Quarter Fourth Quarter Amount $5,250.00 $5,250.00 $5,250.00 $5,250.00 Assessment Services Reimbursable Expense Public Notices $21,000.00 $2,000.00 $16,500.00 Total for 2012 $39,500.00 Due January 2012 April 2012 July 2012 October 2012 Original Agreement Amount First Amendment Amount Second Amendment Amount Grand Total Amount $39,500.00 $75,500.00 $39,500.00 $154,500.00 4 Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager/Director of Community Services DATE: January 10, 2012 SUBJECT: Benefit Concert, Co -Sponsorship Request (at the request of Mayor Washington & Council Member Comerchero) RECOMMENDATION: That the City Council consider: (1) Formation of a Civic Center Concert ad-hoc subcommittee to discuss the logistics/planning of proposed benefit concert; (2) Approval of a co-sponsorship agreement with the Stephen Siller Tunnel to Towers Foundation for City support costs in the amount of approximately $3,900 and in- kind promotional services valued at an amount of approximately $10,865.00 for a benefit concert. This concert will be performed by Gary Sinise and the Lt. Dan Band within the Civic Center Quad/Civic Center Town Square in Old Town Temecula with proceeds returned to assist Military Veteran's; (3) Approve appropriate street closures associated with special event that involve Mercedes Street in front of Civic Center to be determined (in February), half day (Press Conference/Media event) and Mercedes Street/Main Street "Y" on February 28, 2012 from 8:00 am to March 2, 2012 at 2:00 am (Special Event Setup). BACKGROUND: On December 14, 2011, City of Temecula staff and Mayor Pro Tem Washington met with representatives from the Stephen Siller Tunnel to Towers Foundation headquartered on Staten Island, NY. The sole purpose of this Foundation is to honor the legacy of love given by Stephen Siller, FDNY, who laid down his life on 9/11 by "doing good" in his name. The mission is to follow Stephen's footsteps through support of children who have lost a parent, firefighters, and military who have been seriously injured and sacrificed their quality of life in the line of duty. By the time Stephen Siller was 10 years old, he had already lost both parents. Although he went through a period of struggle, because of the love of his siblings and the values instilled in him by his parents, he grew up to be an extraordinary individual. More than most, he knew that time was precious and accomplished much in his 34 years. On September 11th, firefighter Stephen Siller had just gotten off the late shift at Squad 1, Park Slope, Brooklyn. He was on his way to play golf with his brothers on that bright clear day when his scanner told of the first plane hitting the Twin Towers. When he heard the news, he called his wife Sally to tell her he would be late because he had to help those in need. He returned to Squad 1 to get his gear, then took his final heroic steps to the World Trade Center. When Stephen drove his truck to the Brooklyn Battery Tunnel, it was already closed to traffic. With sixty pounds of gear strapped to his back, he ran through the Tunnel hoping to meet up with his own company, Squad 1. Stephen's life and his heroic death serve as a reminder to us all to live life to the fullest and to spend our time here on earth doing good - this is his legacy. The Stephen Siller Tunnel to Towers Foundation is committed to building a Smart Home for all military quadruple amputees. To date, the Foundation has built approximately ten homes. As a part of this military Smart Home Program, active US Marine Corp member, Juan Dominguez, has selected the City of Temecula as his desired place of residence. As such, Standard Pacific Homes has committed to a home site in Paloma Del Sol to construct he and his family a new home (the first one to be constructed in California). While visiting the City of Temecula for this purpose, representatives from the Stephen Siller Tunnel to Towers Foundation were extremely impressed with the Civic Center venue as a possible location for a benefit concert for military veterans. Similar to the setup/stage at the recent Steve Miller "Cross -Over" Rock Symphony Concert held in September, this non-profit envisions such a concert performed by Actor/Musician Gary Sinise and his 12 -piece "Lt. Dan Band" on the steps of the Civic Center property. Mr. Sinise is the star actor in CSI NY and has appeared in many movies and TV shows including Forest Gump. The concert would be attended by the FDNY Honor Guard and is expected to draw 2,500 people. Proceeds from the concert would be used to provide housing for other severely wounded veterans. The Stephen Siller Tunnel to Towers Foundation is requesting that the City of Temecula co- sponsor the Lt. Dan Band benefit concert event, which is proposed for the evening of Thursday, March 1, 2012. Promotors of the event are requesting that the City of Temecula provide the Civic Center Conference Center and meeting rooms, Civic Center Plaza and Town Square Park as the concert venue, City support costs with the exception of Police and Fire costs, as well as street closures as appropriate. In addition, as a co-sponsor of the event, the City may provide cross promotions of marketing efforts, as well as utilization of off-site ticketing software at the Community Theater. Promotors have requested also being allowed to conduct a press conference of the event at the Civic Center steps to be determined (in February). The media event would possibly involve a community band, Danny Rodgriquez from the FDNY, local firefighters and military personnel. It is also envisioned that this media event will involve US Marine Corp Member Juan Dominguez as the beneficiary of the new home to make a special appearance. The City's co-sponsorship and support of this event would be contingent upon the Stephen Siller Tunnel to Towers Foundation acquiring the financial support needed to provide all event logistics such as security, stage and lighting, sound, seating, fencing, as well as pay for Police and Fire support (estimated @ $4,600) and post a refundable cleaning deposit ($1,000). The guidelines for use of the Civic Center Quad/Town Square park for large concert venues is attached. It is envisioned that the City's Co -Sponsorship and support of this event will provide economic stimulus by bringing people to Old Town, and providing assistance/awareness and benefit to wounded veterans. FISCAL IMPACT: The concert is anticipated to attract an attendance of approximately 2,000 to 2,500. The City will provide City -support costs in the amount of approximately $3,900 and in-kind promotional services valued at an amount of approximately $10,865.00. ATTACHMENTS: Co -Sponsorship Agreement Civic Center Large Concert Guidelines Bio On US Marine Corpsman Juan Dominguez SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND STEPHEN SILLER TUNNEL TO TOWERS FOUNDATION THIS AGREEMENT is made and effective as of this 10TH day of January 2012, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and the Stephen Biller Tunnel to Towers Foundation, a public benefit 501.3c corporation (hereinafter referred to as the "Non -Profit"). 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. The Non -Profit shall host/operate the Lt Dan Band Concert (hereinafter referred to as the "Event") on March 1, 2012. The Event is a special event which is located at the Temecula Civic Center. The event is expected to draw between 2,000 to 2,500 people. The event would utilize the Civic Center Plaza, Town Square Park and the Civic Conference Center. On March 1st the Non -Profit would host a concert in the Civic Center Plaza and the Town Square Park. b. Benefit Concert by the Stephen Siller Tunnel to Towers Foundation c. Alcohol WILL be served. d. The City desires to be a "Co -Sponsor" of the Event. e. The Event will serve as a fundraiser for the Stephen Biller Tunnel to Towers Foundation, a non-profit organization whose charitable work and contribution will benefit disabled veterans. f. The Non-profit must provide all funding for event logistics to include: security, police support, stage lighting and sound, seating, fencing, restrooms, promotion and marketing, etc. 2. TERM This Agreement shall commence on January 10, 2012 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Non -Profit with in-kind City -support services valued at an amount of approximately $3,900.00, and in-kind promotional services valued at an amount of approximately $10,865.00, as listed in Exhibit B, and use of the Conference Center, Civic Center Plaza, and Town Square Park, the City of Temecula shall be designated as a Co - Sponsor of the Event. As a Co -Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Non -Profit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, provide a summary of the revenues and expenses for the event and the net amount generated for the benefit of the Non -Profit. 5. PERMITS The Non -Profit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Non -Profit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Non -Profit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Non -Profit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Non -Profit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Non -Profit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by February 1, 2012, 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 Recipient 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 Recipient 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. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) 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. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 Non -Profit; products and completed operations of the Recipient; premises owned, occupied or used by the Non -Profit; or automobiles owned, leased, hired or borrowed by the Non -Profit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Non -Profit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Non -Profit'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 Non -Profit 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. Non -Profit 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 Non -Profit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Non -Profit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Non -Profit 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 Non -Profit 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 Non -Profit to comply with this section. 11. ASSIGNMENT The Non -Profit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited 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: 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 To Recipient: The Tunnel to Towers Foundation Attention: John Hodge, Director of Operations 2361 Hylan Boulevard Staten Island, NY 10306 15. INDEPENDENT CONTRACTOR a. The Non -Profit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Non -Profit shall at all times be under the Non -Profit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Non -Profit's officers, employees, or agents except as set forth in this Agreement. The Non -Profit 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. The Non -Profit 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 the Non -Profit in connection with the performance of this Agreement. Except for the fees paid to the Non -Profit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Non -Profit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Non -Profit for injury or sickness arising out of performing services hereunder. 13. 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. 14. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Non -Profit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Non - Profit and has the authority to bind the Non -Profit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Stephen Siller Tunnel to Towers Foundation (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor John Hodge, Director of Operations ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NON-PROFIT The Stephen Siller Tunnel to Towers Foundation John Hodge 2361 Hylan Boulevard Staten Island, NY 10306 PM Initials: -7)' Date: I /y /l2 EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS CO-SPONSOR Stephen Siller Tunnel to Towers Foundation shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers • City of Temecula logo/name on event t -shirt • 10 Benefit Concert Tickets **Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Stephen Siller Tunnel to Towers Foundation event. The following expenses can be anticipated for the event: Permits/Fees $ 100.00 Police: To be paid by Applicant, estimated cost @ $2,600.00 Fire: To be paid by Applicant, estimated cost @ $2,000.00 Public Works: $ 500.00 City Support Staff $ 3,300.00 TOTAL SUPPORT COSTS: $ 3,900.00 ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Stephen Siller Tunnel to Towers Foundation is as follows: Item Value City E -letter E -letters are sent out each month to approximately 2,500 residents Cable Channel Event slide appears approximately once per hour for 30 seconds Auto Mall Marque Appears approximately once every 4 1/2 minutes City Website Event listing on the City of Temecula Website TOTAL VALUE: $ 10,865.00 $ 450.00 $ 5,100.00 $ 3,115.00 $ 2,200.00 Civic Center Large Concert Guidelines These guidelines have been developed for any individual or group that wishes to use the Civic Center Quad and/or Town Square Park for use as a large concert venue. Permits: * A Special Event Permit must be submitted 45 days prior to event. * A Conditional or Temporary Use Permit must be submitted at least 30 days prior to event. * All plans must be finalized and approved 10 working days from event. * All applicable costs will be determined prior to approval and reviewed with applicant. Insurance Requirements: * All Certificates of Insurance must be received 15 working days prior to the event date. * The insurance carrier must have rating of A -VII or above. Event Holder * Event holder must provide a Certificate of Insurance for Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. * The policy must be placed under the Event Holder's name. The City of Temecula, Redevelopment Agency of the City of Temecula and the Temecula Community Services District must be named as additional insured. Vendors * All vendors must provide a Certificate of Insurance for One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. * Liquor: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. * Policy must be placed under the Vendor's name. * The Event Holder, the City of Temecula, Redevelopment Agency of the City of Temecula and the Temecula Community Services District must be named as additional insured under the Vendor's policy. * The certificate of insurance must describe the event for which the policy is drawn. Ticket Sales: * The Old Town Temecula Community Theater retains the right to control all ticket sales for the event through its Ticket Office. * The Theater Ticket Office will establish ticketing guidelines and policies as its sole discretion. * Event Holder will be required to sign an Off -Site Ticket Services Agreement. Miscellaneous: * Venue can accommodate a maximum of 2,500 spectators. * Event Holder is required to provide event security during entire event * Event Holder is required to provide a Clean-up Plan. Plan must include position of trash and recycling receptacles, dumpster location and number of people responsible for clean-up. The City of Temecula encourages the use of an outside clean-up crew. * All equipment needs must be rented for event. Equipment needs include tables, chairs, lighting and canopies. * A $1,000 refundable cleaning/damage deposit is required for all concerts. Failure of the Event Holder to clean-up after their event will result in a deduction of all or a portion of the cleaning/damage deposit. * The City of Temecula has the right to refuse any application in the interest of public safety * Any damage to City of Temecula property during the course of the event including set-up and breakdown will be the responsibility of the Event Holder. Supplemental Costs: * Supplemental costs are based on a concert with attendance of 1,500-2,000. * Based upon event specifics, additional fees may apply per the Temporary Use Permit Items Estimated Cost Notes _ Permits/ Fees $100.00 Public Works $500.00 Road closure, staff, barricades, etc... Police $2,600.00 6 Officers for 6 hours City Support Staff $3,300.00 18 staff for 8 hour shifts Fire $2,000.00 Inspection and bleacher permit fees STEPHEN SILLER TUNNEL To TOWERS FOUNDATION & THE GARY SINISE FOUNDATION America, "the land of the free and the home of the brave." BUILDING FOR AMERICA'S BRAVEST A PROGRAM TO CONSTRUCT SMART HOMES FOR SEVERELY WOUNDED VETERANS Wounded Warrior: US Marine Lance Cpl. Juan Dominguez Battle Injury: Triple amputee, injured in Afghanistan on October 23, 2010 Funding: Sponsored by Ned Wallace of Wallace Air Cargo Gary Sinise Lt. Dan Band fundraiser Concert — date TBD Smart Home: Temecula, California, estimated to start: Winter 2012 A PROFILE IN COURAGE Corpsman Nurse, Ruth recalled the first moments Juan Dominguez awoke from his coma after stepping on a roadside bomb in Afghanistan that ripped off his legs and his right arm according to John Brian Losh who wrote of his conversation with her. She recounted that his first words to her were, "Don't be sad for me Ma'am, I would do it again for my country." Later, in an interview with the LA Times, Juan stated, "The Taliban failed, their purpose was to kill me, I survived." Juan has done so much more than survive. Despite his catastrophic injuries, multiple surgeries, grueling occupational and physical therapy sessions, Juan is thriving. As a matter of fact, Juan is preparing to run one day in the Marine Corps Marathon and the annual Tunnel to Towers Run. On October 23, 2010, when Lance Cpl. Juan Dominguez slipped down a small embankment while out on patrol and landed on a buried bomb, the explosion could be heard for miles, according to an Associated Press article. He said, "It had to be a 30- to 40 -pounder." His legs were severed above the knee, and his right arm was mangled and could not be saved. The Associated Press article details how a Navy corpsman, risking sniper fire, rushed to Dominguez and stopped the bleeding. On the trip to the field hospital, Dominguez prayed. "I figured this was God's will, so I told him: 'If you're going to take me, take me now' Juan said. God did not take Juan on that fateful day. Perhaps it was to be able to watch his daughter Victoria grow up. Or to let Juan have many more years of enjoying the music he so loves to play. For certain, his grit, determination and spirit has served, and will continue to serve, as an inspiration to his fellow wounded warriors. Or perhaps he is here for all Americans who come into contact with him, so they can come face to face with a brave heart who has sacrificed so much for our freedom. We cannot enter into the mind of God, but one thing is certain Juan has no regrets. He said, "My injuries that I sustained in Afghanistan against the enemy forces were well worth it. I love this country." Wallace Air Cargo's owner Ned Wallace, the Tunnel To Towers Foundation and the Gary Sinise Foundation are anxious to begin to find a great location to build a Smart home for Juan where he can see his Victoria grow into a beautiful young women, play his music, train for the Marine Marathon and live his life to the fullest. Our hope is that this home reinforces his sentiments that his injuries were well worth it and that his country loves him as well. REDEVELOPMENT AGENCY Item No. 13 ACTION MINUTES of DECEMBER 13, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 8:03 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS None. RDA CONSENT CALENDAR 20 Action Minutes — Approved staff recommendation (5-0-0) — Agency Member Washington made the motion; it was seconded by Agency Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 20.1 Approve the action minutes of November 22, 2011. 21 Financial Statements for the Three Months Ended September 30, 2011 — Approved staff recommendation (5-0-0) — Agency Member Washington made the motion; it was seconded by Agency Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 21.1 Receive and file the financial Statements for the Three Months Ended September 30, 2011. RDA Action Minutes1121311 1 RDA BUSINESS 22 Appointment of Chair Person and Vice Chair Person of the Temecula Redevelopment Agency for calendar year 2012 — Appointed Mike Naggar to serve as Redevelopment Agency Chair Person through calendar year 2012; and Ron Roberts to serve as Vice Chair Person through calendar year 2012 (5-0-0) Agency Member Comerchero made the motion; it was seconded by Agency Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 22.1 Entertain motions from the Agency Members to appoint the Chair Person to preside, effective January 1, 2012, until the end of calendar year 2012; 22.2 Entertain motions from the Agency Members to appoint the Vice Chair Person, effective January 1, 2012, who will assume the duties of the Chair Person in the Chair Person's absence, and hold this office until the end of calendar year 2012. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT The meeting was adjourned at 8:08 P.M. to a regular meeting on Tuesday, January 10, 2012, at 5:30 P.M., for a Closed Session, with regular session commending at 7:00 P.M., 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 Minutes1121311 2 Item No. 14 Approvals City Attorney Director of Finance City Manager Mf -- 71v) c -o TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Bob Johnson, City Manager Patrick Richardson, Director of Development Services DATE: January 10, 2012 SUBJECT: Agency approval of an Enforceable Obligation Schedule and Draft Initial Recognized Obligation Payment Schedule in connection with The Redevelopment Agency under the 2011 Redevelopment Agency Termination Legislation, ABX1 26 PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: 1. That the Agency Board adopt a resolution entitled: RESOLUTION NO. RDA 12- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 2. That the Agency Board adopt a resolution entitled: RESOLUTION NO. RDA 12- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH BACKGROUND: AB X1 26 was signed into law by the Governor of California on June, 29, 2011 and added Parts 1.8 and 1.85 to the Community Redevelopment Law. Part 1.8 immediately suspended most redevelopment agency activities. Part 1.85 provides all existing redevelopment agencies and redevelopment agency components of community development agencies are dissolved, and successor agencies are designated as successor entities to the former redevelopment agencies. The dissolution date was originally established by the legislation as October 1, 2011 but was extended to February 1, 2012 by the California Supreme Court decision upholding the legislation. AB X1 27 was signed by the Governor concurrently with AB X1 26 and added Part 1.9 to the Community Redevelopment Law. Part 1.9 would have established an Alternative Voluntary Redevelopment Program (AVRP) whereby a redevelopment agency could have, notwithstanding Parts 1.8 and 1.85, been authorized to continue to exist and carry out the provisions of the Community Redevelopment Law. To opt into the Alternative Voluntary Redevelopment Program, a city would have been required adopt an ordinance by which the city agrees to make specified annual payments to the county auditor -controller for allocation to special districts and educational entities. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California alleging that AB X1 26 and AB X1 27 were both violated the California Constitution. On August 11, 2011, the Supreme Court of California decided to hear the case and issued a stay of the implementation of the legislation until the case was decided by the Court. On December 30, 2011, the California Supreme Court issued its Opinion in this case upholding ABX1 26, terminating redevelopment agencies, as a valid and legal exercise of the State's legislative power and invalidating ABX1 27, allowing an Alternative Voluntary Payment to enable a redevelopment agency to continue, as violating the section of the California Constitution that prohibits the State from taking redevelopment funds for state purposes. The Court also extended for four months the deadlines for City and Agency actions described in ABX1 26. DISCUSSION: Health and Safety Code Section 34169, part of ABX1 26, requires the redevelopment agency to adopt an "enforceable obligation payment schedule" within 60 days of the June 29, 2011 effective date of ABX1 26. That date is now January 13, 2012 as a result of the California Supreme Court's decision upholding ABX1 26. The enforceable obligation payment schedule must list all of the obligations that are enforceable within the meaning of Health and Safety Code Section 34167(d) and include specific information about each obligation. Health and Safety Code Section 34167(h), also a part of ABX1 26, provides that the redevelopment agency shall riot make a payment on an obligation unless it is listed in the adopted enforceable obligation payment schedule, other than payments required to meet bonded indebtedness obligations, after the enforceable obligation payment schedule is adopted or after 60 days from the effective date of Part 1.8, whichever is sooner. Health and Safety Code Section 34169, part of ABX1 26, also requires an agency to approve a preliminary draft of an "initial recognized obligation payment schedule" by September 30' 2011. That date is now January 30, 2012 as a result of the California Supreme Court's decision upholding ABX1 26. The draft recognized obligation schedule will form the basis for the City's payment of the existing enforceable obligations of the Agency with tax increment funds as the successor agency. On August 23, 2011 the Agency adopted Resolution No. RDA11-09 adopting an enforceable obligation payment schedule pursuant to ABX1 26. On September 27, 2011 the Agency adopted Resolution No. RDA11-10 approving a preliminary draft of an initial recognized obligation payment schedule pursuant to ABX1 26. The proposed resolutions are intended to reaffirm the Agency's approval of the Enforceable Obligation Payment Schedule and the draft Recognized Obligation Payment Schedule in light of the California Supreme Court's decision in California Redevelopment Association et at. v Matosantos, et al., California Supreme Court Case No. S194861. Accordingly, Staff recommends that the Agency approve a preliminary draft of a recognized obligation payment schedule. FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: There will be no new environmental impact associated with any of the decisions outlined above. ATTACHMENTS: 1. Resolution — Enforceable Obligation 2. Resolution — Preliminary Draft Initial Recognized Obligation RESOLUTION NO. RDA 12- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Redevelopment Agency of the City of Temecula does find, determine and declare as follows: A. The Redevelopment Agency of the City of Temecula (the "Agency") is a redevelopment agency in the City of Temecula (the "City"), created pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (the "Redevelopment Law"). B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. The Agency is undertaking a program to redevelop the Project Area. C. AB X1 26 was signed by the Governor of California on June 29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code. Commencing upon the effectiveness of AB X1 26, AB X1 26 suspends most redevelopment agency activities and, among other things, prohibits redevelopment agencies from incurring indebtedness or entering into or modifying contracts. D. Health and Safety Code Section 34169, part of ABX1 26, requires the redevelopment agency to adopt an "enforceable obligation payment schedule" within 60 days of the June 29, 2011 effective date of ABX1 26. That date is now January 13, 2012 as a result of the California Supreme Court's decision upholding ABX1 26. The enforceable obligation payment schedule must list all of the obligations that are enforceable within the meaning of Health and Safety Code Section 34167(d) and include specific information about each obligation. E. Health and Safety Code Section 34167(h), also a part of ABX1 26, provides that the redevelopment agency shall not make a payment on an obligation unless it is listed in the adopted enforceable obligation payment schedule, other than payments required to meet bonded indebtedness obligations, after the enforceable obligation payment schedule is adopted or after 60 days from the effective date of Part 1.8, whichever is sooner. F. AB X1 27 was signed by the Governor of California on June 29, 2011, adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health and Safety Code. Part 1.9 established an Alternative Voluntary Redevelopment Program whereby, notwithstanding the provisions of Part 1.8 and Part 1.85, a redevelopment agency would be authorized to continue to exist and carry out the provisions of the Redevelopment Law. G. The California Redevelopment Association and League of California Cities have filed a lawsuit in the Supreme Court of California alleging that AB X1 26 and AB X1 27 are unconstitutional. On August 11, 2011, the Supreme Court of California decided to hear the case and set a briefing schedule designed to allow the Supreme Court to decide the case before January 15, 2012. On August 11, 2011, the Supreme Court also issued a stay order, which was subsequently modified on August 17, 2011. Pursuant to the modified stay order, the Supreme Court granted a stay of all of AB X1 27 (i.e., Part 1.9), except for Health and Safety Code Section 34194(b)(2) (relating to the determination of cities' fiscal year 2011-12 remittance amounts) and a partial stay of AB X1 26. With respect to AB X1 26, Part 1.85 was stayed in its entirety, but Part 1.8 (including Health and Safety Code Section 34169) was not stayed. H. On December 30, 2011, the California Supreme Court issued its Opinion in this case ruling that ABX1 26, terminating redevelopment agencies, is valid and legal exercise of the State's legislative power and that ABX1 27, allowing an Alternative Voluntary Payment to enable a redevelopment agency to continue, is unconstitutional as violating the section of the California Constitution that prohibits the State from taking redevelopment funds for state purposes. I. The Court also extended for four months the deadlines for City and Agency actions described in ABX1 26. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34169. Section 3. The Agency hereby adopts the enforceable obligation payment schedule attached as Exhibit A to this Resolution and incorporated herein by reference (the "Enforceable Obligation Payment Schedule"). Section 4. The Agency Secretary is hereby authorized and directed to post the Enforceable Obligation Payment Schedule on the City's Internet Web site. Section 5. The Enforceable Obligation Payment Schedule may be amended from time to time at any public meeting of the Agency. Section 6. The Agency Secretary is hereby authorized and directed to transmit a copy of the Enforceable Obligation Payment Schedule by mail or electronic means to the County Auditor -Controller, the State Controller, and the California Department of Finance (the "Department of Finance"). A notification providing the Internet Web site location shall suffice. Section 7. The officers and staff of the Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including providing documents associated with the Statement of Enforceable Obligations to the Department of Finance and the State Controller in the manner of their choosing, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 8. The Agency hereby designates the Director of Finance as the official to whom the Department of Finance may make requests for review in connection with the EOPS and who shall provide the Department of Finance with the telephone number and e-mail contact information for the purpose of communicating with the Department of Finance. Section 9. The officers and staff of the Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 10. The adoption of this Resolution is not intended and shall not constitute a waiver by the City of any right the City may have to challenge the legality of all or any portion of the implementation of AB X1 26 through administrative or judicial proceedings. Section 11. Nothing contained in this resolution is intended to nor shall be construed to repeal Redevelopment Agency Resolution No. RDA11-09 as this resolution is intended to reaffirm the Agency's and reapprove the Enforceable Obligation Payment Schedule in Tight of the California Supreme Court's decision in California Redevelopment Association et al. v Matosantos, et al., California Supreme Court Case No. S194861. Section 12. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the Agency's environmental guidelines. The Agency has determined that this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect environment. (Guidelines Section 15378(b) (5)). Section 13. The Agency Secretary shall certify to Resolution. physical change in the the adoption of this PASSED, APPROVED, AND ADOPTED by the Members of the Redevelopment Agency of the City of Temecula this 10th day of January, 2012. Mike Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 12- was duly and regularly adopted by the Members of the Redevelopment Agency of the City of Temecula at a meeting thereof held on the 10th day of January, 2012, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Name of Redevelopment Agency: Temecula Redevelopment Agency Project Area(s) All Page 1 of 2 Pages ENFORCEABLE OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34167 and 34169 (•) Page 1 of 2 Pages " This Enforceable Obligation Payment Schedule (EOPS) is to be adopted by the redevelopment agency no later than late August. It Is valid through 06130/2012. 4,354,450 Project Name / Debt Obligation Payee Description Total Outstanding Debt or Obligation Total Due During Fiscal Year Paymen s by month Aug" Sept Oct Nov Dec Jan Feb Mar Apr May Jun Total 1) CSUSM Campus Funding Agreement Cal State San Marcos Satellite Campus Development 471.624 288.584 288.584 288,584 2) Abbott OPA Abbott Vascular Property Tax Reimbursment 1,910.000 159,000 159,000 159.000 3) Payroll -Agency Administration Agency Staff Agency Staff Compensation 812.966 812,966 93.801 66.545 66.545 66.545 66.545 66.545 93.804 66.545 66.545 66.545 719.965 4) Promissory Note City of Temecula 6th Street Parking Lot 1,903,333 439,622 439,622 439.622 5) Professional Services Agreement Brown Bortz & Coddington Community Development Block Grant Entitlement 29.000 29,000 3.625 3.625 3,625 3.625 3.625 3,625 3.625 3.625 29.000 6) Professional Services Agreement Keyser Marston Associates Real Estate/Economic Analysis 75.000 75,000 6.820 6.818 6.818 6,818 6.818 6,818 6.818 6.818 6.818 6.818 6,818 75.000 7) Jefferson Corridor Multi Jurisdictional Study Cal Trans In -Kind Contributiuon for Cal -Trans Grant 7,850 7,850 1,570 1.570 1.570 1.570 1.570 7.850 8) Professional Services Agreement Lance Soil & Lard Agency Auditing Services 13,930 13.930 2,286 4.679 6.965 13.930 9), Professional Services Agreement Environmental Science Associates Jefferson Corridor Specific Plan EIR 189,220 189.220 31,537 31.537 31.537 31.537 31.537 31,537 189.222 10) Professional Services Agreement Inland Planning & Design Jefferson Corridor Specific Plan 81,123 81.123 10.140 10.140 10,140 10,140 10.140 10.140 10.140 10,140 81.120 11) Professional Services Agreement Richards. Watson & Gershon Agnecy Legal Services 135.000 135.000 12273 12.273 12.273 12,273 12.273 12.273 12.273 12,273 12,273 12.273 12.273 135,003 12) Non Personnel Agency Administration Multiple Payees Ongoing Agency Administration 375.242 375242 34,113 34,113 34,113 34,113 34,113 34,113 34.113 34.113 34.113 34.113 34.113 375.243 13) Property Tax Admin Fee Riverside County Tax Assessor County Adminstration Fee 233.000 233.000 233.000 233.000 14) Trustee Admin Fees US Bank as Trustee for Bondholders Trustee Fees for TAB Bond Issues 18.760 18,760 18,760 18.760 15) 2002 TAB FY 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 44.598.491 1.776.064 630,356 630.356 16) 2006 TAB Series A FY 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 30,588.675 991,836 363.318 363,318 17) 2006 TAB Series B FY 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 5,511.857 199.606 126.853 71.753 198.606 18) 2007 TAB FY 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 30,281.825 1.092.364 416.696 410.668 827,364 19) 2010 Housing TAB Series A & B FY 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 32.285,618 1258,095 502.797 502.797 20) 2011 Housing TAB Fiscal Year 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 39.649.294 1.010,061 555,997 555.997 21) Front St. Plaza Partners, Inc. OPA Front Street Plaza Partners Inc. Grant for construction of Affordable Housing 4.000.000 4.000.000 4.000,000 4,000.000 22) AMCAL Pujol Fund L.P. OPA AMCAL Pujol Fund, L.P. Grant for construction of Affordable Housing 5,579.021 5,579,021 1.859,667 1,200.000 131.933 131.933 131,933 131,933 131.933 3.719,332 23) Summerhouse Housing Associates, L.P., OPA Summerhouse Housiq Associates, L.P. Loan for Affordable Housing 1,080,262 1.080.262 1.080.262 1.080,262 24) Temecula Gardens L.P Loan Agreement Temecula Gardens L.P. Loan for Affordable Housing 4.880.000 305.000 305.000 305.000 25) Old Town Infrasrtucture Projects RBF / Pardell / LH Engineering / Edge Old Town Infrastructure Improvements 246,131 246.131 246.131 246,131 26) Promenade Parking Garage OPA Forrest City Loan for Public Parking Garage 20.000 20.000 20.000 20.000 27) Old Town Sound System Western Audio Visual Public Sound System 85,774 85.774 24,966 60.808 85.774 28) Debt Service Reimbursement City of Temecula Advance from GF to cover Debt Service 810,000 810.000 810.000 810.000 29) SERAF Payment Reimbursment Low -Mod Housing Fund Loan of Low Mod to Redeye. Fund for SERAF 5,250,954 5,250.954 5.250.954 5.250.954 Totals - This Page Totals - Other Obligations Grand total - All Pages 211,123,950 26.563.465 53.206 168.051 144.715 133.514 2,541,409 2,220.539 3,161.022 484.813 298,554 298.554 11.856.813 21.361.190 10.559.000 10,559,000 0 0 0 0 0 5,279.500 0 0 0 5.279,500 0 10.559.000 221.682.950 1 37.122.465 53.206 1 168,051 j1 144,715 1 133,51411 2.541.409 7,500.039 1 3,161.022 1 484,813 ( 298.554 1 5.578.054 1 11,856.813 31,920190 " This Enforceable Obligation Payment Schedule (EOPS) is to be adopted by the redevelopment agency no later than late August. It Is valid through 06130/2012. 4,354,450 Name of Redevelopment Agenc Temecula Redevelopment Agency Project Area(s) All Page 2 of 2 Pages OTHER OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34167 and 34169 (*) Page 2 of 2 Pages Project Name / Debt Obligation Payee Description Total Outstanding Debt or Obligation Total Due During Fiscal Year Payments by month Aug" Sept Oct Nov Dec Jan Feb Mar Apr May Jun Total 1) Pass -Through Payments Riverside County General Fund Annual Pass -Through to Taxing Entity 3.438.000 3.438.000 1.719.000 1,719,000 3.438.000 2) Pass -Through Payments Riverside County Library Annual Pass -Through to Taxing Entity 414.000 414.000 207.000 207,000 414,000 3) Pass -Through Payments Riverside County Fire Temecula Public Cemetary District Annual Pass -Through to Taxing Entity Annual Pass -Through to Taxing Entity 892.000 73.000 892.000 73,000 446.000 36,500 446.000 36.500 892.000 73.000 4) Pass -Through Payments 5) Pass -Through Payments Mt. San Jacinto CCD Annual Pass -Through to Taxing Entity 198,000 1,717,000 198,000 1,717.000 99.000 858,500 99.000 858,500 198,000 1,717,000 6) Pass -Through Payments Temecula Valley USD Annual Pass -Through to Taxing Entity 7) Pass -Through Payments Eastern Municipal Water District Annual Pass -Through to Taxing Entity 1,788,000 1.788,000 894.000 894.000 1,788,000 8) Pass -Through Payments Riverside County Flood Control District Annual Pass -Through to Taxing Entity 323,000 572.000 323.000 572,000 161.500 286,000 161,500 286.000 323.000 572.000 9) Pass -Through Payments Riverside Co. Superintendent of Schools Annual Pass -Through to Taxing Entity 10) Pass -Through Payments Rancho California Water District Annual Pass -Through to Taxing Entity 1,144,000 1,144,000 572.000 572.000 1,144,000 11) 0 12) 0 13) 0 14) 0 15) 0 16) 0 17) 0 18) 0 19) 0 20) 0 21) 0 22) 0 23) 0 24) 0 25) 0 26) 0 27) 0 28) 0 Totals - Other Obligations 10,559.000 1 10,559,000 0 0 0 0 1 0 5,279.500 0 0 0 5,279,500 0 10.559.000 "• All payment amounts are estimates RESOLUTION NO. RDA 12- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Redevelopment Agency of the City of Temecula does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula (the "Agency") is a redevelopment agency in the City of Temecula (the "City"), created pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (the "Redevelopment Law"). B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. The Agency is undertaking a program to redevelop the Project Area. C. AB X1 26 was signed by the Governor of California on June 29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code. Commencing upon the effectiveness of AB X1 26, AB X1 26 suspends most redevelopment agency activities and, among other things, prohibits redevelopment agencies from incurring indebtedness or entering into or modifying contracts. D. Health and Safety Code Section 34169 (h), which is set forth in Part 1.8, requires a redevelopment agency to prepare a preliminary draft of an initial recognized obligation payment schedule by no later than September 30, 2011, and provide it to the successor agency, if a successor agency is established pursuant to Part 1.85. The initial recognized obligation payment schedule must set forth the minimum payment amounts and due dates of payments required by enforceable obligations for the six- month period from January 1, 2012 through June 30, 2012. E. AB X1 27 was signed by the Governor of California on June 29, 2011, adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health and Safety Code. Part 1.9 established an Alternative Voluntary Redevelopment Program whereby, notwithstanding the provisions of Part 1.8 and Part 1.85, a redevelopment agency would be authorized to continue to exist and carry out the provisions of the Redevelopment Law. F. The California Redevelopment Association and League of California Cities have filed a lawsuit in the Supreme Court of California alleging that AB X1 26 and AB X1 27 are unconstitutional. On August 11, 2011, the Supreme Court of California decided to hear the case and set a briefing schedule designed to allow the Supreme Court to decide the case before January 15, 2012. On August 11, 2011, the Supreme Court also issued a stay order, which was subsequently modified on August 17, 2011. Pursuant to the modified stay order, the Supreme Court granted a stay of all of AB X1 27 (i.e., Part 1.9), except for Health and Safety Code Section 34194(b)(2) (relating to the determination of cities' fiscal year 2011-12 remittance amounts) and a partial stay of AB X1 26. With respect to AB X1 26, Part 1.85 was stayed in its entirety, but Part 1.8 (including Health and Safety Code Section 34169) was not stayed. Accordingly, the Agency desires to approve a preliminary draft of an initial recognized obligation payment schedule. G. On December 30, 2011, the California Supreme Court issued its Opinion in this case ruling that ABX1 26, terminating redevelopment agencies, is valid and legal exercise of the State's legislative power and that ABX1 27, allowing an Alternative Voluntary Payment to enable a redevelopment agency to continue, is unconstitutional as violating the section of the California Constitution that prohibits the State from taking redevelopment funds for state purposes. H. The Court also extended for four months the deadlines for City and Agency actions described in ABX1 26. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34169. Section 3. The Agency hereby approves the preliminary draft of the initial recognized obligation payment schedule substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference (the "ROPS"). The Executive Director of the Agency, in consultation with the Agency's legal counsel, may modify the ROPS as the Executive Director or the Agency's legal counsel deems necessary or advisable. Section 4. The Agency Secretary is hereby authorized and directed to transmit a copy of the ROPS to the City of Temecula as the successor agency designated pursuant to Part 1.85. Section 5. The Agency hereby designates the Director of Finance as the official to whom the Department of Finance may make requests for review in connection with the ROPS and who shall provide the Department of Finance with the telephone number and e-mail contact information for the purpose of communicating with the Department of Finance. Section 6. The officers and staff of the Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 7. The adoption of this Resolution is not intended and shall not constitute a waiver by the City of any right the City may have to challenge the legality of all or any portion of the implementation of AB X1 26 through administrative or judicial proceedings. Section 8. Nothing contained in this resolution is intended to nor shall be construed to repeal Redevelopment Agency Resolution No. RDA11-10 as this resolution is intended to reaffirm the Agency's approval of and reapprove the draft initial Recognized Obligations Payment Schedule in light of the California Supreme Court's decision in California Redevelopment Association et al. v Matosantos, et al., California Supreme Court Case No. S194861. Section 9. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the Agency's environmental guidelines. The Agency has determined that this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (Guidelines Section 15378(b) (5)). Section 10. The Agency Secretary shall certify to the adoption of this resolution in the manner required by law. PASSED, APPROVED, AND ADOPTED by the Members of the Redevelopment Agency of the City of Temecula this 10TH day of January, 2012. Mike Nagger,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 Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 12- was duly and regularly adopted by the Members of the Redevelopment Agency of the City of Temecula at a meeting thereof held on the 10th day of January, 2012, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: Susan W. Jones, MMC City ClerklBoard Secretary Name of Redevelopment Agency: Temecula Redevelopment Agency Project Area(s) All RECOGNIZED OBLIGATION PAYMENT SCHEDULE Page 1 of 2 Pages "Payments are estimated and may represent carryover from EOPS schedule considering that some obligations do not have specific payment dates Project Name / Debt Obligation Payee Description Funding Source Total Outstanding Debt or Obligation Total Due During Fiscal Year Payments by month" Jan Feb Mar Apr May June Total 1) CSUSM Campus Funding Agreement Cal State San Marcos Satellite Campus Development Reserves 471.624 288.584 288,584 288.584 2) Abbott OPA Abbott Vascular Property Tax Reimbursment Redevelopment Trust Fund 1.910.000 159.000 159.000 159,000 3) Payroll -Agency Administration Agency Staff Agency Staff Compensation Admin Cost Allowance 812.966 812,966 66.545 66,545 93.804 66.545 66.545 66,545 426.529 4) Promissory Note City of Temecula 6th Street Parking Lot Redevelopment Trust Fund 1.903,333 439,622 439,622 439.622 5) Professional Services Agreement Brown Bortz & Coddington Community Development Block Grant Entitlement LMIHF / Red. Trust Fund 29,000 29,000 3.625 3,625 3,625 3,625 3.625 3,625 21.750 6) Professional Services Agreement Keyser Marston Associates Real Estate/Economic Analysis LMIHF / Red. Trust Fund 75,000 75.000 6.818 6,818 6,818 6.818 6,818 6,818 40,908 7) Jefferson Corridor Multi Jurisdictional Study Cal Trans In -Kind Contributiuon for Cal -Trans Grant LMIHF / Red. Trust Fund 7,850 7,850 1.570 1.570 1,570 1.570 1.570 7,850 8) Professional Services Agreement Lance Soli & Luggard Agency Auditing Services Redevelopment Trust Fund 13,930 13.930 6.965 6,965 9) Professional Services Agreement Environmental Science Associates Jefferson Corridor Specific Plan EIR LMIHF / Red. Trust Fund 189,220 189.220 31,537 31.537 31.537 31,537 31.537 31.537 189,222 10) Professional Services Agreement Inland Planning & Design Jefferson Corridor Specific Plan Redevelopment Trust Fund 81.123 81,123 10.140 10.140 10,140 10.140 10.140 10,140 60.840 11) Professional Services Agreement Richards, Watson & Gershon Agnecy Legal Services LMIHF / Red. Trust Fund 135,000 135,000 12.273 12,273 12.273 12,273 12,273 12,273 73,638 12) Non Personnel Agency Administration Multiple Payees Ongoing Agency Administration LMIHF / Red. Trust Fund 375.242 375,242 34.113 34,113 34,113 34,113 34.113 34.113 204.678 13) Property Tax Admin Fee Riverside County Tax Assessor County Adminstration Fee Redevelopment Trust Fund 233,000 233.000 233.000 233,000 14) Trustee Admin Fees US Bank as Trustee for Bondholders Trustee Fees for TAB Bond Issues Redevelopment Trust Fund 18,760 18,760 0 15) 2002 TAB FY 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing Redevelopment Trust Fund 44,598,491 1,776,064 630,356630,356 16) 2006 TAB Series A FY 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing Redevelopment Trust Fund 30.588.675 991,836 363,318 363,318 17) 2006 TAB Series B FY 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing Redevelopment Trust Fund 5,511,857 199,606 71,753 71,753 18) 2007 TAB FY 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing Redevelopment Trust Fund 30,281.825 1.092,364 410.668 410,668 19) 2010 Housing TAB Series A & B FY 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing Redevelopment Trust Fund 32,285,618 1,258,095 502,797 502,797 20) 2011 Housing TAB Fiscal Year 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing Redevelopment Trust Fund 39,649,294 1,010461 555,997 555,997 21) Front St. Plaza Partners, Inc. OPA Front Street Plaza Partners Inc. Grant for construction of Affordable Housing Bond Proceeds 4,000.000 4,000,000 4,000,000 4,000,000 22) AMCAL Pujol Fund L.P. OPA AMCAL Pujol Fund, L.P. Grant for construction of Affordable Housing Bond Proceeds 5,579,021 5,579,021 1,200.000 131,933 131,933 131.933 131,933 131,933 1.859,665 23) Summerhouse Housing Associates, L.P., OPA Summerhouse Housing Associates, L.P. Loan for Affordable Housing Bond Proceeds 1.080,262 1,080.262 1.080,262 1.080,262 24) Temecula Gardens L.P Loan Agreement Temecula Gardens L.P. Loan for Affordable Housing Redevelopment Trust Fund 4,880,000 305.000 305,000 305,000 25) Old Town Infrasrtucture Projects RBF / Pardell / LH Engineering / Edge Old Town Infrastructure Improvements Bond Proceeds 246.131 246,131 246.131 246,131 26) Promenade Parking Garage OPA Forrest City Loan for Public Parking Garage Bond Proceeds 20.000 20.000 20.000 20,000 27) Old Town Sound System Westem Audio Visual Public Sound System Redevelopment Trust Fund 85,774 85.774 60.808 60,808 28) Debt Service Reimbursement City of Temecula Advance from GF to cover Debt Service Redevelopment Trust Fund 810,000 810.000 810.000 810,000 29) SERAF Payment Reimbursment Low -Mod Housing Fund Loan of Low Mod to Redeye. Fund for SERAF Redevelopment Trust Fund 5.250.954 5.250,954 5.250.954 5,250,954 Totals - Page 1 Totals - Page 2 Grand total - All Pages 211,123,950 26,563,465 2,220.539 3.161.022 484.813 298.554 298.554 11.856,813 18,320.295 10,559,000 10.559.000 5.279.500 0 0 0 5,279,500 0 10,559.000 221.682,950 37,122,465 7,500.039 3,161,022 484.813 298.554 5,578.054 11.856,813 [ 28,879,295 "Payments are estimated and may represent carryover from EOPS schedule considering that some obligations do not have specific payment dates Name of Redevelopment Agenc, Temecula Redevelopment Agency Project Area(s) All RECOGNIZED OBLIGATION PAYMENT SCHEDULE Page 2 of 2 Pages Project Name / Debt Obligation Payee Description Funding Source Total Outstanding Debt or Obligation Total Due During Fiscal Year Payments by month Jan Feb Mar Apr May Jun Total 1) Pass -Through Payments* Riverside County General Fund Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 3.438,000 3,438,000 1,719,000 1,719,000 3,438,000 2) Pass -Through Payments` Riverside County Library Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 414,000 414,000 207,000 207,000 414,000 3) Pass -Through Payments' Riverside County Fire Annual Pass -Through to Taxing Entity Annual Pass -Through to Taxing Entity Redevelopment Trust Fund Redevelopment Trust Fund 892,000 73.000 892.000 73.000 446.000 36,500 446.000 36,500 892,000 73.000 4) Pass -Through Payments` Temecula Public Cemetary District 5) Pass -Through Payments* Mt. San Jacinto CCD Annual Pass -Through to Taxing Entity Annual Pass -Through to Taxing Entity Redevelopment Trust Fund Redevelopment Trust Fund 198,000 1,717,000 198,000 1.717,000 99,000 858.500 99.000 858,500 198.000 1,717.000 6) Pass -Through Payments' Temecula Valley USD 7) Pass -Through Payments= Eastern Municipal Water District Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 1,788,000 1,788,000 894,000 894,000 1.788,000 8) Pass-Throuah Payments' Riverside County Flood Control District Riverside Co. Superintendent of Schools Annual Pass -Through to Taxing Entity Annual Pass -Through to Taxing Entity Redevelopment Trust Fund Redevelopment Trust Fund 323,000 572,000 323,000 572,000 161,500 286.000 161,500 286,000 323.000 572.000 9) Pass -Through Payments` 10) Pass -Through Payments* Rancho California Water District Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 1.144.000 1.144.000 572,000 572,000 1,144,000 11) 0 12) 0 13) 0 14) 0 15) 0 16) 0 17) 0 18) 0 19) 0 20) 0 21) 0 22) 0 23) 0 24) 0 25) 0 26) 0 27) 0 28) 0 Totals - Other Obligations 10,559,000 10,559,000 5,279,500 0 0 0 5,279,500 0 10,559,000 • All payment amounts are estimates and are based on a percentage of forecasted tax increment revenue '"Payments are estimated and may represent carryover from EOPS schedule considering that some obligations do not have specific payment dates Supplemental Material for Item No. 14 Name of Redevelopment Agency: Project Area(s) Temecula Redevelopment Agency All Page 1 of 2 Pages ENFORCEABLE OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34167 and 34169 (*) Page 1 of 2 Pages Project Name / Debt Obligation Payee Description Total Outstanding Debt or Obligation Total Due During Fiscal Year Payments by month Aug" Sept Oct Nov Dec Jan Feb Mar Apr May Jun Total 1) CSUSM Campus Funding Agreement Cal State San Marcos Satellite Campus Development 471,624 288,584 288,584 288584 2) Abbott OPA Abbott Vascular Property Tax Reimbursment 1510,000 159,000 159,000 159,000 3) Payroll -Agency Administration Agency Staff Agency Staff Compensation 812,966 812,966 93,801 66,545 66,545 66,545 66,545 66,545 93,804 66,545 66,545 66,545 719,965 4) Promissory Note City of Temecula 6th Street Parking Lot 1,903,333 439,622 439,622 439,622 5) Professional Services Agreement Brown Bortz & Coddington Community Development Block Grant Entitlement 29,000 29,000 3,625 3,625 3,625 3,625 3,625 3.625 -3,625 3,625 29,000 6) Professional Services Agreement Keyser Marston Associates Real Estate/Economic Analysis 75,000 75,000 6,820 6,818 6,818 6,818 6,818 6,818 6,818 6,818 6,818 6,818 6,818 75,000 7) Jefferson Corridor Multi Jurisdictional Study Cal Trans In -Kind Contributiuon for Cal -Trans Grant 7,850 7,850 1,570 1,570 1,570 1,570 1,570 7,850 8) Professional Services Agreement Lance Soli & Luggard Agency Auditing Services 13,930 13,930 2,286 4,679 6,965 13,930 9) Professional Services Agreement Environmental Science Associates Jefferson Corridor Specific Plan EIR 189,220 189,220 31,537 31.537 31,537 31,537 31,537 31,537 189,222 10) J, Professional Services Agreement Inland Planning & Design Jefferson Corridor Specific Plan 81,123 81,123 10,140 10,140 10,140 10,140 10,140 10,140 10,140 10,140 81,120 11) Professional Services Agreement Richards, Watson & Gershon Agnecy Legal Services 135,000 135,000 12,273 12,273 12,273 12,273 12,273 12,273 12,273 12,273 12,273 12,273 12,273 135,003 12) Non Personnel Agency Administration Multiple Payees Ongoing Agency Administration 375,242 375,242 34,113 34,113 34,113 34,113 34,113 34,113 34,113 34,113 34,113 34,113 34,113 375,243 13) Property Tax Admin Fee Riverside County Tax Assessor County Adminstration Fee 233,000 233,000 233,000 233,000 14) Trustee Admin Fees US Bank as Trustee for Bondholders Trustee Fees for TAB Bond Issues 18,760 18,760. 18,760 18,760 15) 2002 TAB FY 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 44,598,491 1,776,064 630,356 630,356 16) 2006 TAB Series A FY 2011/12US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 30,588575 991536 363,318 363,318 17) 2006 TAB Series B FY 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 5511557 199506 126553 71,753 198,606 18) 2007 TAB FY 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 30,281525 1,092,364 416596 410568 827,364 19) 2010 Housing TAB -genes A & B FY 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 32,285,618 1,258595 502,797 502,797 20) 2011 Housing TAB Fiscal Year 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 39549294 1,010061 555,997 555,997 21) Front St. Plaza Partners, Inc. OPA Front Street Plaza Partners Inc. Grant for construction of Affordable Housing 4500,000 4500000 4,000000 4500000 22) AMCAL Pujol Fund L.P. OPA AMCAL Pujol Fund, L.P. Grant for construction of Affordable Housing 5,579521 5579521 1559567 1200000 131533 131533 131,933 131533 131533 3,719,332 23) Summerhouse Housing Associates, L.P., OPA Summerhouse HousinnAssociates, L.P. Loan for Affordable Housing_ 1,080,262 1,080,262 1,080,262 1,080,262 24) Temecula Gardens L.P Loan Agreement Temecula Gardens L.P. Loan for Affordable Housing 4,880,000 305,000 305,000 305,000 25) Old Town Infrasrtucture Projects RBF / Pardell / LH Engineering / Edge Old Town Infrastructure Improvements 246,131 246,131 246,131 246,131 26) Promenade Parking Garage OPA Forrest City Loan for Public Parking Garage 20,000 20,000 20,000 20,000 27) Old Town Sound System Western Audio Visual Public Sound System 85,774 85,774 24,966 60,808 85,774 28) Debt Service Reimbursement City of Temecula Advance from GF to cover Debt Service 810,000 810,000 810,000 810,000 29) SERAF Payment Reimbursment Low -Mod Housing Fund Loan of Low Mod to Redeye. Fund for SERAF 5,250,954 5,250,954 5,250,954 5,250,954 30) Abbott OPA Abbott Vascular Reibursement for Development Improvements 750,000 750,000 125,000 125,000 125,000 125,000 125,000 125,000 750,000 Totals -This Page Totals - Other Obligations Grand total -All Pages 211,873,950 27,313,465 53,206 168,051 144,715 133,514 2,541,409 2,345,539 3,286,022 609513 423,554 423,554 11,981,813 22,111,190 10,559,000 10,559,000 0 0 0 0 0 5,279,500 0 0 0 5,279,500 0 10,559,000 222,432,950 06/30/2012. 1 37,872,465 Ir 53,206 0 tr 168551 144,715 IIIIIIIIIME111 2,541,409 7,625,03911 3286,022 1 609,813 11 423,554 1 5,7035541 11581513 ( 32,670,190 * This Enforceable Obligation Payment Schedule (EOPS) is to be adopted by the redevelopment agency no later than late August. It is valid through Name of Redevelopment Agenc' Temecula Redevelopment Agency Project Area(s) All Page 2 of 2 Pages OTHER OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34167 and 34169 (*) Page 2 of 2 Pages Project Name / Debt Obligation Payee Description Total Outstanding Debt or Obligation Total Due During Fiscal Year Payments by month Aug** Sept Oct Nov Dec Jan Feb Mar Apr May Jun Total 1) Pass -Through Payments Riverside County General Fund Annual Pass -Through to Taxing Entity 3,438,000 3,438,000 1,719,000 1,719,000 3,438,000 2) Pass -Through Payments Riverside County Library Annual Pass -Through to Taxing Entity 414,000 414,000 207,000 207,000 414,000 3) Pass -Through Payments Riverside County Fire Annual Pass -Through to Taxing Entity 892,000 892,000 446,000 446,000 892,000 4) Pass -Through Payments Temecula Public Cemetary District Annual Pass -Through to Taxing Entity 73,000 73,000 36,500 36,500 73,000 5) Pass -Through Payments Mt. San Jacinto CCD Annual Pass -Through to Taxing Entity 198,000 198,000 99,000 99,000 198,000 6) Pass -Through Payments Temecula Valley USD Annual Pass -Through to Taxing Entity 1,717,000 1,717,000 858,500 858,500 1,717,000 7) Pass -Through Payments Eastern Municipal Water District Annual Pass -Through to Taxing Entity 1,788,000 1,788,000 894,000 894,000 1,788,000 8) Pass -Through Payments Riverside County Flood Control District Annual Pass -Through to Taxing Entity 323,000 323,000 161,500 161,500 323,000 9) Pass -Through Payments Riverside Co. Superintendent of Schools Annual Pass -Through to Taxing Entity 572,000 572,000 286,000 286,000 572,000 10) Pass -Through Payments Rancho California Water District Annual Pass -Through to Taxing Entity 1,144,000 1,144,000 572,000 572,000 1,144,000 11) 0 12) 0 13) 0 14) 0 15) 0 16) 0 17)0 18) 0 19) 0 20) e _ 0 21) 0 22) 0 23) 0 24) 0 25) 0 26) 0 27) 0 28) 0 Totals - Other Obligations I 10,559,000 10,559,000 F0 0 0 0 1 0 I 5,279,500 1 0 1 0 J 0 5,279,500 0 10,559,000 *** All payment amounts are estimates Name of Redevelopment Agency: Project Area(s) Temecula Redevelo. ment A. enc All RECOGNIZED OBLIGATION PAYMENT SCHEDULE Page 1 of 2 Pages **Payments are estimated and may represent carryover from EOPS schedule considering that some obligations do not have specific payment dates Project Name / Debt Obligation Payee Description Funding Source Total Outstanding Debt or Obligation , Total Due During Fiscal Year Payments by month** Jan' Feb Mar Apr May June Total 1) CSUSM Campus Funding Agreement Cal State San Marcos Satellite Campus Development Reserves 471,624. 288,584 288,584 288,584 Abbott OPA Abbott Vascular Property Tax Reimbursment Redevelopment Trust Fund 1,910,000 159,000 159,000 . 159,000 Payroll -Agency Administration Agency Staff Agency Staff Compensation Admin Cost Allowance 812,966 812,966 66,545 66,545 93,804 . 66,545 66,545 66,545 426,529 4) Promissory Note Cityof Temecula . 6th Street Parking Lot Redevelopment Trust Fund 1,903,333 439,622 439,622 439,622 Professional Services Agreement Brown Bortz & Coddington Community Development Block Grant Entitlement LMIHF / Red. Trust Fund 29,000 29,000 3,625 3,625 .3,625 3,625 3,625. 3,625 21,750 6),Professional Services Agreement Keyser Marston Associates Real Estate/Economic Analysis LMIHF / Red. Trust Fund 75,000 75,000 .6,818 6,818 6,818 6,818 6,818 6,818 40,908 7) Jefferson Corridor Multi Jurisdictional Study Cal Trans In -Kind Contributiuon for Cal -Trans Grant LMIHF / Red. Trust Fund 7,850 7,850 1,570 1,570 1,570 1,570 1,570 7,850 Professional Services Agreement Lance Soll & Luggard Agency Auditing Services Redevelopment Trust Fund 13,930 13,930 6,965 6,965 Professional Services Agreement Environmental Science Associates Jefferson Corridor Specific Plan EIR LMIHF / Red. Trust Fund 189,220 189,220 31,537 31,537. 31,537 31,537 31,537 31,537 189,222 la 11) Professional Services. Agreement Inland Planning & Design Jefferson Corridor Specific Plan Redevelopment Trust Fund 81,123 81,123 10,140 10,140 10,140 10,140 10,14010,140 60,840 Professional Services Agreement Richards, Watson & Gershon Agnecy Legal Services LMIHF / Red. Trust Fund 135,000 135,000 12,273 12,273 12,273. 12,273 12,273 12,273 73,638 12) Non Personnel Agency Administration Multiple Payees Ongoing Agency Administration LMIHF / Red. Trust Fund 375,242 375,242 34,113 34,113 34,113 34,113 34,113 34,113 204,678 a 14) Property Tax Admin Fee . Riverside County Tax Assessor County Adminstration Fee Redevelopment Trust Fund 233,000 233,000. 233,000 233,000 Trustee Admin Fees . US Bank as Trustee for Bondholders Trustee Fees for TAB Bond Issues Redevelopment Trust Fund 18,760 18,760 0 15) 2002 TAB FY 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing Redevelopment Trust Fund 44,598,491 . 1,776,064. 630,356 630,356 16) 2006 TAB Series A FY 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing Redevelopment Trust Fund 30,588,675 991,836 363,318 363,318 17) 2006 TAB Series B FY 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing Redevelopment Trust Fund 5,511,857 199,606 .71,753 71,753 18) 2007 TAB FY 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing Redevelopment Trust Fund 30,281,825 1,092,364 410,668 . 410,668 19) 2010 Housing TAB Series A & B FY 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing • . Redevelopment Trust Fund 32,285,618 1,258,095 502,797 • 502,797 20) 2011 Housing TAB Fiscal Year 2011/12 US Bank as Trustee for Bondholders Bonds Issues to Fund Affordable Housing . Redevelopment Trust Fund 39,649,294 1,010,061 555,997 555,997 21) Front St. Plaza Partners, Inc. OPA Front Street Plaza Partners Inc. Grant for construction of Affordable Housing Bond Proceeds 4,000,000 4,000,000 . 4,000,000 4,000,000 22) AMCAL Pujol Fund L.P. OPA AMCAL Pujol Fund, L.P. . Grant for construction of Affordable Housing Bond Proceeds . • 5,579,021 5,579,021 1,200,000 131,933 131,933 131,933 131,933 131,933 . 1,859,665 .2a 241 20. 26.1 271 ..2..fa 291 30) Summerhouse Housing Associates, L.P., OPA Summerhouse Housing Associates, L.P. Loan for Affordable Housing Bond Proceeds 1,080,262 1,080,262 1,080,262 1,080;262 Temecula Gardens L.P Loan Agreement Temecula Gardens L.P. Loan for Affordable Housing Redevelopment Trust Fund 4,880,000 v 305,000 305,000 .305,000 Old Town Infrasrtucture Projects RBF / Pardell / LH Ensineering / Edge Old Town Infrastructure Improvements Bond Proceeds 246,131 246,131 246,131 246,131 Promenade Parking Garage OPA Forrest City Loan for Public Parking,Garage Bond Proceeds . 20,000 20,000 20,000 20,000 Old Town Sound System Western Audio Visual Public Sound System Redevelopment Trust Fund 85,774 85,774 60,808 60,808 Debt Service Reimbursement City of Temecula Advance from GF to cover Debt Service Redevelopment Trust Fund . 810,000 ' 810,000 810,000 810,000 SERAF Payment Reimbursment Low -Mod Housing Fund . Loan of Low Mod to Redeye. Fund for SERAF Redevelopment Trust Fund 5,250,954 5,250,954 5,250,954 5,250,954 Abbott OPA Abbott Vascular Reibursement for Development Improvements Redeveloyment Trust Fund . 750,000 750,000 125,000 125,000 125,000 125,000 125,000 125,000 . 750,000 Totals - Page 1 Totals - Page 2 Grand total - All Pages • 211,873,950 27,313,465 2,345,539 3,286,022 609,813 423,554 423,554 11,981,813 19,070,295 10,559,000 10,559,000 • 5,279,500 0 0 0 5,279,500 0 10,559,000 222,432,950 37,872,465 1 7,625,039 11 3,286,0221 609,813 ( 423,554 ( 5,703,054 11,981,813 I 29,629,295 **Payments are estimated and may represent carryover from EOPS schedule considering that some obligations do not have specific payment dates Name of Redevelopment Agencl Temecula Redevelopment A.enc Project Area(s) All RECOGNIZED OBLIGATION PAYMENT SCHEDULE Page 2 of 2 Pages Project Name / Debt Obligation Payee Description Funding Source Total Outstanding Debt or Obligation Total Due During Fiscal Year Payments bImonth Jan Feb Mar Apr May Jun Total 1) Pass -Through Payments*. Riverside County General Fund Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 3,438,000 .3,438,000 1719,000 1,719,000 3,438,000 2), Pass -Through Payments* Riverside County Library Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 414,000 414,000 207,000 207,000 414,000 3) Pass -Through Payments* Riverside County Fire Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 892,000 892,000 446,000 446,000 892,000 4) Pass -Through Payments* Temecula Public Cemetary District Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 73,000 73,000 36,500 36,500 73,000 5) Pass -Through Payments* Mt. San Jacinto CCD Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 198,000 198,000 99,000 99,000 198,000 6) Pass -Through Payments Temecula Valley USD Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 1,717,000 1717000 858,500 858,500 1,717 000 7 Pass -Throw h Pa ments Eastern Munici.al Water District Annual Pass-Throu•h to Taxin. Entit Redevelopment Trust Fund 1788,000 1,788,000 894,000 894,000 1788,000 8) Pass -Through Payments* Riverside County Flood Control District Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 323,000 323,000 161,500 161,500 323,000 9 Pass -Throw h Pa ments* Riverside Co. Su.erintendent of Schools Annual Pass-Throu.h to Taxin. Entit Redevelopment Trust Fund 572,000 572,000 286,000 286,000 572,000 10) Pass -Through Payments* Rancho California Water District Annual Pass -Through to Taxing Entity Redevelopment Trust Fund 1,144,000 1,144,000 572,000 572,000 1,144,000 11) 0 12 0 13 0 14 0 15) 0 16) 0 17) 0 18) 0 19 0 20) 0 21) 0 22 0 23 0 .211 25) 0 0 262. 27) 0 0 28 0 Totals - Other Obli . ations 10,559,000 ] 10,559,000 1 5,279,5001 0 0 0 1 5,279,500 0 i 10,559,000 * All payment amounts are estimates and are based on a percentage of forecasted tax increment revenue **Payments are estimated and may represent carryover from EOPS schedule considering that some obligations do not have specific payment dates PUBLIC HEARING Item No. 15 Approvals City Attorney Director of Finance City Manager Mf-- ilo ro CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: January 10, 2012 SUBJECT: General Plan Amendment, Zone Change to PDO, Tentative Tract Map, Home Product Review and Mitigated Negative Declaration for Walcott Estates in Nicolas Valley (Planning Application Nos. PA10-0145, PA10-0146, PA10-0147, and PA10- 0148) PREPARED BY: Matt Peters, Associate Planner RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FORAZONE CHANGE AND GENERAL PLAN AMENDMENT FROM VL -VERY LOW DENSITY TO L -LOW DENSITY WITH A PDO; A TENTATIVE TRACT MAP TO SUBDIVIDE 25 ACRES INTO 45 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD, APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) 2. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10- 0148, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL (APNS 957- 170-032 THROUGH -036) 3. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10- 0147, AN AMENDMENT TO THE DEVELOPMENT CODE FOR A ZONING MAP AND TEXT CHANGE FROM VERY LOW (VL) DENSITY RESIDENTIAL TO A PLANNED DEVELOPMENT OVERLAY (PDO) BASED ON THE STANDARDS OF THE LOW (L) DENSITY RESIDENTIAL DESIGNATION WITH PROVISIONS FOR A CLUSTER DEVELOPMENT (APNS 957-170-032 THROUGH - 036) 4. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0145, TENTATIVE TRACT MAP 36295 TO SUBDIVIDE 25 GROSS ACRES INTO 45 LOTS AND ASSOCIATED OPEN SPACE LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) 5. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0146, A HOME PRODUCT REVIEW APPLICATION FOR WALCOTT ESTATES LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) SUMMARY OF ORDINANCE: The proposed ordinance will amend the existing Official Zoning Map on file with the City of Temecula City Clerk's office by changing the zone of the property located on 45 acres located east of Walcott Lane and west of Butterfield Stage Road in the City of Temecula (APNS 957-170-032 through -036) from "very low density (VL)" to "PDO -12 (Walcott Estates Planned Development Overlay District)" and adds Sections 17.22.230 through 17.242, "Walcott Estates Planned Development Overlay District (PDO -12)," to the Temecula Municipal Code providing zoning and development standards for the property. BACKGROUND: Nicolas Valley Public Informational Meetings and Community Survey During 2008 and into the Spring of 2009, Staff held several public informational meetings and worked with the residents of Nicolas Valley on the potential formation of a CFD for road construction in the area of Nicolas Valley off Liefer Road, and potential General Plan and Zoning Changes in the larger Nicolas Valley area. A survey was developed and sent out with questions regarding potential lot sizes and densities in 4 distinct planning areas. Potential lot size options for each planning area included 2.5, 1.0, 0.75., 0.50 acres and other. Overall, the response rate to the survey was just under 50% and the attached exhibit to the staff report, "Nicolas Valley Proposed Densities," reflects the input of local residents, the survey results, numerous public informational meetings, and Staff recommendations. This planning effort culminated in the recommendation for 0.5 acre density in sub -area 4. Unfortunately, current and existing economic conditions resulted in a decision to "shelve" any action on the CFD formation and the General Plan/Zoning changes. However, it is important to note that the Walcott Estates project is consistent with the results of this planning process. Walcott Estates is located in Planning Area 4 and more specifically, sub -area 4. Planning Area 4 is recommended to develop at a 1 -acre density and sub -area 4 is recommended to develop at a 0.5 acre density given this area's location between a major thoroughfare (Walcott Lane) and the eastern bypass (Butterfield Stage Road), adjacent to LM — Low Medium Zoning, and just south of Roripaugh Ranch. General Plan Amendment The General Plan Amendment involves a Land Use map change from Very Low (VL) Density Residential to Low (L) Density Residential. The project site is located in the Nicolas Valley Rural Preservation Area, which calls for large lot, low density residential development. However, this property is adjacent to LM - Low Medium Residential Zoning to the south and has two major roadways as the east (Butterfield Stage Road) and west (Walcott Lane) boundaries of the property. Also, while property immediately to the north is zoned VL - Very Low Density Residential, Roripaugh Ranch and the potential for 2,015 units are just beyond this property. The design of this project is intended to provide a transition between LM and VL development via a cluster/conservation development based on the Low (L) Density residential designation, which will result in the preservation of approximately 13 acres of open space on the 25 -acre site. The site design will balance development and the preservation of open space in order to meet the goals of rural preservation in this area. Zone Change to PDO The Zone Change to a PDO involves a Zoning Map and Text change from Very Low (VL) density residential to a Planned Development Overlay (PDO) based on the standards of the Low (L) density residential designation with provisions for a cluster development. The PDO outlines the requirements for the cluster development based on the plotting and architecture proposed as part of the Home Product Review application. Tentative Tract Map 36295 The map will create 45 single-family lots on 25 gross acres resulting in a density of 1.8 dwelling units per acre, which is consistent with the proposed Zone Change and General Plan Amendment from VL - Very Low Density Residential to L- Low Density Zoning that allows 0.5 to 2.9 dwelling units per acre. The subdivision has been designed as a cluster/conservation community in an effort to preserve habitat and a blue line stream, and to provide additional trails and open space. Approximately 13 acres will be preserved as permanent open space. In order to provide the open space, the homes will be clustered on lots ranging from 0.10 to 0.18 acres. The minimum lot size is 4,500 square feet (45' wide x 100' deep). These lots will accommodate the proposed 2,200 to 2,900 square foot homes while providing 5' side yard, 20' minimum rear yard, 15' front yard setbacks to porches, and 20' setbacks to the garage doors. A centrally located spray park/water feature and all of the open space, trails and fencing along Walcott Lane will be maintained bya Homeowners Association. The trail network will provide east - west connectivity between Walcott Lane and Butterfield Stage Road and the beginning of north - south connections in Nicolas Valley to Roripaugh Ranch. Access to the trails is open to the public and not restricted to residents only, thereby providing a community benefit. Home Product Review Application The project proposes three floor plans and three architectural styles. The architectural styles include Spanish, Tuscan, and Craftsman which are intended to blend with existing architectural styles in the area while taking advantage of the rural countryside and wine country themes. The applicant has provided specific details which are unique to each proposed architectural style and elevation. Articulation is provided on all sides of the homes so that each side of each product provides specific features of the proposed architectural style. Mitigated Negative Declaration per CEQA (MND) Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, a Mitigated Negative Declaration has been prepared for the project. Mitigation was included to address potential impacts to Air Quality (during construction), Biological Resources (surveys to avoid the breeding season), and Cultural Resource (monitoring to avoid/preserve paleontological or archaeological resources). Planning Commission Recommendation The Planning Commission recommended approval of the project and associated applications on November 16, 2011. No one spoke in opposition to the project. FISCAL IMPACT: None. ATTACHMENTS: 1. Vicinity and Aerial Maps 2. Plan Reductions 3. CC Resolution — Mitigated Negative Declaration (MND) 4. CC Resolution — General Plan Amendment (gpa) 5. Exhibit A — Proposed General Plan Designation Map 6. CC Ordinance — Zone Change (ZC) to Planned Development Overlay (PDO) 7. Exhibit A — Planned Development Overlay 8. CC Resolution — Tentative Tract Map (TTM) 9. Exhibit A — Draft Conditions of Approval 10. CC Resolution — Home Product Review (HPR) 11. Exhibit A — Draft Conditions of Approval 12. Initial Study 13. Mitigation Monitoring Program 14. Public Correspondence 15. City Response to Comment Letters (SCAQMD and DFG) 16. Nicolas Valley Proposed Densities 17. PC Staff Report of November 16, 2011 i I`- 1)1 ■ L i as /IIII 111 Ili cel r L EN • • I Project Site Is* \_ J 1 11114. _``, !--/ ii,/ ...,' ��, �-��la` 500 1,000 �«� F881 �' 4. 011 i a • ti • • i r ,1 Nes eft .1111.1 aloft after rll Npflw 1.! 1 1.) >� III.J/f1 J.Ll7�ft{C2/2" 1 0 1 • • • PA10.0145 • • • 1' City of Temecula rPA1O-0145 0 500 1,000 2,000 Feet This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. PROPERTY OWNER ANDD C/O STEVE GALVEZ 40533 CHAPARRAL 09196 TEMECULA, CA 92602 PO 9009553339 FA19513029461 J-IIBIT PREPARED BY EXHIBIT "A" TO TENTATIVE TRACT MAP 36295 UTILITY PROVIDERS R1c1010 VAW EC. P.E. 31605 T1MEC.A PARAV/AY. Stant: 129 TFAR.CU.A CA 92592 PN 93/2933030 F0688553 7.1396 PROJECT DATA A SUBDIVISION OF A PARCEL 1 OF PARCEL MAP 7911 ON FILE IN BOOK 36 AT PAGE 43 OF PARCEL MAPS TOGETHER WITH PARCELS 1 THROUGH 4 OF PARCEL MAP 10891 ON FILE IN BOOK 94 Ar PAGES 77 & 78 OF PARCEL MAPS. RECORDS OF' RIVERSIDE COUNTY TOWNSHIP 7 SOUTH. RANGE 2 WEST ELECTRICITY SW 11 ICRN CALIFORNIA 601505 TL'LEPI 1050 VERLZON CALIFORNIA WATCR: 5496110 CA1.001N0 WATco 015T SEWER EASTERN I1IJNICIPALWA1O1 DIiONc NAT 0A5 THE GASCONPANY CABLE TV VCOZON GRU55 AC IMAGE 25.0 AC966 N. AC9CNCC 22.0 AC RCS E%167 CCN. PLAN DE516 VL EMT 7.0NMI0 VL PROPOSED ZO.ING. PUD Env. PROPOSAL 45EI05IEMTE5 ASSESSOR PARCEL NUMBERS 057.170032 957.170033 957170034 957.170035 957170030 THOMAS BROTHERS COORDINATES h4 PA9c 959 G9100212.005 6011900 A • ow. sow WALCOTT LANE REYIn01UCSCAorT.ON TWIT. W.I. 1 REVISIONS INIMPSONSE TO CITY IST REVIEW &1(2010 r-wo' INDEX MAP O]RTI1CCWt0YRfi 4[54/11491 IVJOUT1000.18 /— 1419(04914 Norio 5691.6 IE' Nn NOTES: Ax N 44 . 1 4 •—•KM9IVPI C04:01ITTCOMI0.011P— / L® :.TIP IGATEOL �14., WED POpNH C CVFtl PASE(OMS1 -- COVIACII)SISG(*OL COIE41919(9911 BUTTERFIELD STAGE ROAD CITY OF TEMECULA STANDARD 100A SHEET 1 OF3 1171115 MIC IS VACANT ANDUNMPIOVED 21 711656 ARC NO I1.1PRO4iMCM1 WCL.R. LCACII110.011 OR STRUCTURES ON TIES Slit 3) FI ES TENTATIVE MAP IICLIXIC5111C CNTAC COMIDI1US ON'NCRSIIIP Or 111E LAND DIVOER 6) SOUfCE TOT01,051API IY. RCWO 2'GONTGL INT.HVN. 1.1 OWf1 TOP° 71 PROPERLY Is NOT SUBJECT TO UOIIZFACTI.TVOR OTHER GEOLOGIC 14+4905 A0015 NOT WITISN A SPECIAL SI VOIES ZONE 91 PROPERTY IS NOT SUBJECT TO 0, ERFLON. MUNOATON . OR FL000 HALMAROS 9/ FL00066AIN OESTG14AT10N IS ZONE -A- ID) WATER 0 4LIIV TEATIMES ARE 095,90E0 IN THE FREUIENARY WATER OUALITV MANAGEMENT PLANPILEPAREO FOR THIS PROJECT GAVOT CONCEPTUAL PLOTTING SOOT TO SC.,. 'A' IRAEI YOAD IMO. MUD IIW4 le 4G PACCNAT 60A*th991l1 I SM. wM1wI. • CoSACM0164104POC 9' YIl 9450 (0115 PRIVATE STREET CROSS SECTION CITY OF TEMECULA STD. 104B (MODIFIED) A CONSERVATION COMMUNITY PA 10-0145 RICHARD VALDEZ, P.E. CONSULTING CIVIL ENGINEER DATE: NOVEMBER 2009 NICOLAS PALLET SECONOARY E27 RANLE MONUMENT I r. TENTATIVE TRACT MAP 36295 PARCEL 1 OF PARCEL MAP 7911 ON FILE IN BOOK 36 PAGE 43 OF PARCEL MAPS TOGETHER WITH PARCELS 1 THROUGH 4 OF PARCEL MAP 10891 ON FILE IN BOOK 94 PAGES 77 & 78 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY - I `11,i.J/ CALLEar40.0Z4 - .114 9!)-184'=1) YAR ROAD tr'� i _-� _�- �L�/��/ PueLK MITT�ivf rW! ' tw rq >S r�T7/'/7'p'A}iT� y�e — _ _ _ EASEMENT , uw r.I%4WW.4 1 AM AsniT6(ei 1 . NO _ Tri ._ - �_� --`'--'`•'' 1 1( 1 l .r�yilii �rA /A•CI LL WI • AATIACOONM1, PER Ly AA0t 1AWAL�AA/)• L>:N44µWt.2% t10141tU �/ SWA £ ( 1 F J /I I!� * , I II F--;�----- / • :jI�! 0959ES1 r' ribO[i1gt i Lor /, P4uc(.� 1 IIIA •rMi+I/p 7 9.41 .03289 94 l31 4 C•/92 90.1.0 to 8/ 104 M181 4 �f:i ✓1n: ,I • b.1l1R-._-J-1"A ENCAYADpON I 2,1 i R9 I l i ; v* PO4L• loos wo9ar �-�-1z-�I 9 i.l '7/.19A% t ,, 9'OWAIE POLO P*�• Tr fyi DJ�r/J J `1 VA4 ',>✓-i Cil'>� PRP/AR ROAD A s P,;9la- UDo Ir LAlLVLNI -• Nf 9✓)! 1P ,;,l.I rr.F tl .111LL/' LY2rL/4.4 pulexa aw 9) -484 -KP n:.„ ""Al " BUTTERFIELD STAGE ROAD t - T PM 74,70 909-3ANY 943-490-016 144 110 18940 CHAI1>IIC SCALE. •I ..• • 10 •• In 108 41 12540 PM )4/30 0-R-3 AAM 91)-hV<I) VISTA DEL MONTE ROAD o24,10 4.9 4142 441.009014 LEGEND SHEET 2 OF 3 ANIMATES RECESSED k LANDSCAPED 00- REIEN90Y CELLS WOCA RS LOG00N OF 6 PROPOSED FIRE NIDRANT Pp1CArES RETA9WC WALL / / / / / / / LNOICAIES RESTRICTED ACCESS CURVE RADUES DATA TABLE DATA TABLE `w: I 61'• •i 1 -tori! AREA CALCULATIONS LDS • 6LO 41**$ a a an 941 1111 l0 912 11 9./! 10 911 12 011 9,1, 11 014 OPEN SPACE 16---11616- PAIL 411! alt u 04 14 Co? P9! au 31 41,4 94 040 941 N 0•0 a+ 919 49 0 41 •I 011 9 ,0 0.10 STRUTS 5.4 1928.] ON -STREET PAPAW WALL NOT OE PEROTTED. 9/14/1940 poir • mew, 0111011994 8P RICIUILUL VALUI•`L.PE 34805 104009* 9414944. 9129 4110149 (9J)AAA09925092 ••• fnx� (904) 531-1394 Ma' *GS. LLC AAA t§17 ROYAL TEMECULA. CA 92592 PH: (909) /55-5330 4 rlrll7 acme 1400' 414.0 14` 8•.090.13' 14c221)01 191.11. O wrFrARy 4p4, —.Wt.: urt 40749 *UV ,ar]EERA '9909 .mlrapj 44,4 ]rW'• raw N292•]IY a>n• AREA CALCULATIONS LDS • 6LO 41**$ a a an 941 1111 l0 912 11 9./! 10 911 12 011 9,1, 11 014 OPEN SPACE 16---11616- PAIL 411! alt u 04 14 Co? P9! au 31 41,4 94 040 941 N 0•0 a+ 919 49 0 41 •I 011 9 ,0 0.10 STRUTS 5.4 1928.] ON -STREET PAPAW WALL NOT OE PEROTTED. 9/14/1940 poir • mew, 0111011994 8P RICIUILUL VALUI•`L.PE 34805 104009* 9414944. 9129 4110149 (9J)AAA09925092 ••• fnx� (904) 531-1394 Ma' *GS. LLC AAA t§17 ROYAL TEMECULA. 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OM ' TYPICAL STREETSCAPE AND PROJECT ENTRY I= IU' 0.11 ;w•w Or•4u •..w0(.A. ..a. .00.:•ow .s(. „JK. ww. 41.0,0f OA., LANDSCAPE MASTER PLAN FOR: WALCOTT AND BUTTERFIELD WALCOTT INVESTMENTS LLC TYPICAL PLANTING ENLARGEMENTS CITY OF TEMECULA .413011.! SKEET 3 OF 4 ,,,.. WALL AND FENCE PLAN LANDSCAPE MASTER PLAN FOR: WALCOTT AND BUTTERFIELD WALCOTT INVESTMENTS LLC CITY OF TEMECULA FENCE & WALL LEGEND 0 CISOY ION ..t MDC: wwfutwti4lDV K.:t Ch• M..vc.9G1 rr.t..[Kt JN�T �Nvuqugtr�iwf! ▪ W TK(.'. VOIC NNIUS OC "Al flWOMOWtM woo,. 0.. 0..-'.•«..,.... VINYL 3 -RAIL FENCE BLOCK WALL VINYL FENCE LIT= P-0• O q. p. 44. ...a. O .. VINYL GAZE in I'-0 LOW BLOCK WALL WITH GLASS PANELS I /Y= I'-0' WALL AND FENCE PLAN SHEET 4 OF 4 ZIZIEN BENCH PLAN VIEW POCKET PARK PLAY AREA Scale: 1"= 10' NORTH PICNIC TABLE FOCAL TREE WALCOTT INVESTMENTS LLC CITY OF TEMECULA DCNd IIEAULT ASSOCYITES Inc. 951 296 3430 INT / SEATING AREA WITH SEMI -CIRCULAR SEAT WALLS AND SHADE TREE MAIL 6X CLUSTER PLAN VIEW Scale: 1"= i0' NORTH LOOK OUT POINT SEATING AREA / MAILBOX CLUSTER STONE COLUMN BASE ELEVATION WITH SEMICIRCULAR SEAT WALLS ANO SHADE TREE WALCOTT INVESTMENTS LLC SCALE: 1/4" = 1'-0" David nEAULT ASSOCIATES Et. 430 J D16. 4)U CITY OF TEMECULA 3 D.G. TRAI Lf LAS VALLEY" SEC ONbAP,Y.ty101HJUMf PILASi¢R /!;(OS%I� 'FOC/11. TREE 1 PLAN VILW Scale: 1"= 10' NORTH TRAIL HEAD / SEATING AREA F!f ELEVATION PROJECT IDENTITY MONUMENT PER SPECIFIC PLAN: STONE VENEER PILASTER, RUSTIC WOOD BEAM WITH ENGRAVED TEXT AND INLAYED LOGO PER SPECIFIC PLAN D.G. TRAIL INFORMATIONAL KIOSK WITH STONE VENEER STONE VENEER WALL WITH WOOD BENCH Scale: 1 /4"= 1'-0" WALCOTT INVESTMENTS LLC ° CITY OF TEMECULA .:-7°°„�0 PIAN VIFW PICNIC AREA Scale: 1"= A0' NORTH PLAN VIEW - ENLARGEMENT Gl Scale: 1"=10' NORTH WALCOTT INVESTMENTS LLC 951 296 3430 CITY OF TEMECULA .,s, ,ten WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S #A369, Temecula, CA 92592 Ph: 909-855-3338 Contact: Steve Qalvez et 7 ;cob: gra t -0. ,4.36 Scots: 1/4•..t' (!• r7 3f•4 nr. io iri f�7 oc-i into X11"'! =117171711711717.1 STREET SCENE Butterfield & Walcott T.T.M. 36295 Dote: June 22, 2010J / Feb.01737 / 17. 2011 / Mor. 2, 201i KEVIN L. CROOK, ARCHITECT INC` 111111111r. Ii PLAN 2BL PLAN 2AR PLAN 3AL WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S #A369, Temecula. CA 92592 I'h: 909-855-3338 Contact: Steve cialvcz 11x17 Scale: 1/8'-1 —0' 2448 Scale: 1/4'-1'—O' PLAN 1 BL PLAN 3AR PLAN 1AL PLAN 2AR PLAN 1BL STREET 'C'REAR SCENE LOTS 1-12 Butterfield & Walcott T.T.M. 36295 Job N: 09037 Data: June 22, 2010 / Feb. 17, 2011 / Mar. 2, 2011 —••--- ----- „ n PLAN 3BR PLAN 2AL PLAN 1BR PLAN 2BL m Kevin L. Crook Architect. Inc. 1 �;i 17q wAo-wtro..l'0. r-flw .4. 4„,..-E'OM1AR &[W AT MAW= RINATIONA CRAFTSMAN ROOF PLAN PITCH 5:12 O/EPW4 TIT. /0► -0V1 OCCM1 AT mum RNATIOI• SPANISH ROOF PLAN PITCH 4:12 WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S #A369, Temecula, CA 92592 Ph: 909-855-3338 Contact: Steve Ualvez 11.17 Scale: I/6'•1• -O• 2406 SccI•: 1/1•.1' -Or OPT DECK POP -OUT OCCURS AT ENHANCED ELEVATIONS SECOND FLOOR PLAN FAMILY•wn• OPT. DECK NOOK .aw•+ 0 7 DARAGE Vgre AREA TABULATION f.R ROnO�� •7v.00wclll3 121S n CAYCE XTY Amn. n: 1 PLAN 1 Butterfield & Walcott T.T.M. 36295 Job 09037 Dote: June 22, 2010 / Feb.e17, 2011 / Mor. 2, 2011 KITCHEN MDR DINING rew-r a te te FIRST FLOOR PLAN 1 KEVIN L. CROOK!! ARCHITECTII .i IN_C. I1111 1J=,lia=r it FENCE LINE lIt• RIGHT ELEVATION W.11AY L7Nu .ne•mi KISKA FENCE LME -ILE Kt\ - S — It.�r.tAL fI.11\. FENCE LME KUCK iaiAu 111 MN I 'SPANISH' TMawr ren.. TO SI. LSO SWOP px'titw'u 171r11LL.141at.l, . MAIMS LIME. iMO/1,W.nt Aug YANYI.PIM• ockur ert n11,111llat4111Y411Y •tlnrAOWV ttttt t�MttHllM>I %MIfl awns Attltb\CPw...0 11N LEFT ELEVATION WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S #A369, Temecula, !A 92592 Ph: 909-855-3338 Contact:s1/3-olVCZ to)sca I24x]6 Std.: I/4• -t' -o' REAR ELEVATION w�hrlwilwilwilwi nN _ ;(s�1��atl�t�llAll:inlr PLAN 1 SPANISH Butterfield & Walcott T.T.M. 36295 Jo¢43.0'9.372011 Dote: June 22. 2010 1) e.0 1790.37 2011 / Mar. 2. 2011 FRONT ELEVATION n. SUM w. P 11 h KEVIN L. CROOK S ARCHITECT i a+. INC. 1 LINE PARTIAL LEFT ENHANCED ELEVATION 31 8TmOu a PINVESTMENTS,. wy S ES9Mmecu ash LLC Ph: 909-855-3338 • Contact: Stove SSRIvoz 11x17 Sca. 1/8••I -a' 24x36 Scot. 1/4•-1'—a' cENCE INE WAI REAR ENIIANCED ELEVATION PLAN 1 SPANISH ENHANCED ELEVATIONS Butterfield & Walcott T.T.M. 36295 : Dole: June 22. 2010J/opp r Jeb.017, 9037 2011 / Mar. 2, 2011 PARTIAL RIGHT EHNACED ELEVATION KEVIN L.CROOK ARCHITECT I INC. 5 �o. PiN10100111 I 11 411111 III. lli l 1 REAR ENHANCED ELEVATION PARTIAL LEFT ENHANCED ELEVATION WALCOTT INVESTMENTS, LLC 31938 Temecula Pkwy S #A369, Temecula, CA 92592 Ph: 909-855-3338 Cont Sct: Stcvp 1-pIVCZ 2446 Scale. 1/4 -1•-0' PARTIAL RIGHT EHNACED ELEVATION iglipP011101111191111 61 FEKCE 01 IIIIIIIIIIIIII1IIIIIIIIiIlli]. REAR ELEVATION 1111111111111111111 FEXCE ..' E PLAN 1 SPANISH PARTIAL LEFT ELEVATION OPTIONAL DECK Butterfield & Walcott T.T.M. 36295 oy4).0n:572011 • Dote: June 22. 2010j°7 e.01790.J7 2011 / Mor. 2. 2011 11111111111111111111.:111 FENCE LINE PARTIAL RIGHT ELEVATION KEVIN L. CROOK,,1 ARCHITECT .f INC. b 0 f: STM ...T1.TSiCtGSt'."JA'� ' .rte% flit II li s 1•�'��pc..st.`.LIL ';t 1111 1111 PENCE UNE stel__ RIGHT ELEVATION GMCMe PUNIC ICON •I.GI[•101 YNM Mal •uur.wPu•lw IeGGe 'CRAFTSMAN" 11.lf. WlMI.11., all MM 1•I. Ir. LEFT ELEVATION W 8LCOTPN sASTMmNTS, �L2ku Ph: 909-855-3338 Contact: Steve Galvcz 111117 scute: 1/e'-1•-0• 2443e $e&9 I/4' -C-0• vrIll 0/1 nulM .uV PENCE LINE UjEll 111 Jt( REAR ELEVATION KM WY! • iu. PLAN 1 CRAFTSMAN Butterfield & Walcott T.T.M. 36295 Jo j: 09037 Date: June 22. 2010 eb. 17, 2011 / Mor. 2, 2011 tIIIIiLI Iil`II onliol:iclot!1f 1 LaIr:u10131I::I:sw FRONT ELEVATION KEVIN L. CROOK" ARCHITECT INC. INC. i PENCE LINE PARTIAL LEFT ENHANCED ELEVATION WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S #A369, Temecula, CA 92592 Ph: 909-855-3338 Contact: Steve Galvcz 11x1/ 7406 Score: 1/4'.+1'-e' as. 710, EirlInaiii.r7. s. L.:¢i^WT.L's>~.V1Y! i�—:.�fiSR:;. ..'.yr.-::.`.7�.aF•`tc. • ti• b. `��ti �1.7" ...tea « :i•S.'Ct1 mss' IU 11.. PENCE ISE 11 111 REAR ENHANCED ELEVATION PLAN 1 CRAFTSMAN ENHANCED ELEVATIONS Butterfield & Walcott T.T.M. 36295 ' 0. Date: June 22, 20104°/b eb. 1097,37 2011 / Mar. 2, 2011 tett I II PE CE LINE PARTIAL RIGHT EHNACED ELEVATION KEVIN L. CROOK ARCHITECT I INC. c 0 i T .it:'ltR"-7 ,_T 7-.1 —. � S«[t FENCE LINE f REAR ENHANCED ELEVATION PARTIAL LEFT ENHANCED ELEVATION WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S #A369, Temecula, CA 92592 Ph: 909-855-3338 Contact: Steve Qalvez 11x17 Seols: 1/e•:I -a` 24rJe Sa4I. t/4 -1•-0 PARTIAL RIGHT EHNACED ELEVATION PLAN 1 CRAFTSMAN OPTIONAL DECK Butterfield & Walcott T.T.M. 36295 REAR ELEVATION PARTIAL LEFT ELEVATION Date: June 22. 2010'1°47 Feb. •017.9037 2011 / Mar. 2, 2011 PARTIAL RIGHT ELEVATION KEVIN L. CROOK ARCHITECT ....,. I NCS. OPT DECK r -q TUSCAN ROOF PLAN PITCH 4:12 CRAFTSMAN ROOF PLAN PITCH 5:12 WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S #A369. Temecula, LA 92592 Ph: 909-855-3338 Contact: Steve Galvez 11,17 Scole: q8 -.l' -O' 24.38 Sc.,le: 1/4..I'-0. M eEDRM. BEORM. 2 BEECRM. 5 Irony," POP -OUT OCCURS AT ENHANCED E.EVATIONS 4110 M BATH 0 B4 20 0 BEDRn S ..r+ SECOND FLOOR PLAN BEDRM 4 »1Re' PLAN 2 Butterfield & Walcott T.T.M. 36295 Job 4. 09037 Oote: June 22, 2010 / Feb. 17, 2011 / Mor. 2, 2011 OPT.y�+DECECKK i�lSo aYJ & FIRST FLOOR PLAN '1 E 2 KEVIN L. CROOKI1 S ARCHITECT €. IN -C.._,2 i •C. L_, KITCHEN i I NOCK I 114.1.4,1 i QO' rtAMILY mow. tlp IP GARAGE DINING r-n>e s•>sr PWDR. IC AREATANUTATION �...�..,.w, LIVING YOPO OA. O MU IWN 11. an»' W. MN. AY ea 11. CIL POI'pft Ii I1. 1 POR`" r J FIRST FLOOR PLAN '1 E 2 KEVIN L. CROOKI1 S ARCHITECT €. IN -C.._,2 i TOP 1 �ffca z i ft''r7ti�i� � � i .e4?T� = • • .9 �1 FENCE RIGHT ELEVATION GNJJIOAY MM1ILL I WOOF pMtC WNW 7NLL1 _vE 11.124/14,01 MAW ICON SAM10111A NUM MOWS 'CRAFTSMAN" 'WS. USU.1a Mi..11 O �.1 LT 1.O 1.i 1 O 1 Mt OM. SIM. LEFT ELEVATION WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S #A369, Temecula, CA 92592 Ph: 909-855-3338 Contact: Stevp Qalvcz 24 3e Saxe. I/4 -1'-O FERKE ` LINE 111111 �r MP W.O 11.E REAR ELEVATION PLAN 2 CRAFTSMAN Butterfield & Walcott T.T.M. 36295 J04: 09037 Date: June 22. 2010 / Feb.e17, 2011 / Mar. 2; 2011 FRONT ELEVATION it tM KEVIN L. CROOK 'I ARCHITECT INC. PARTIAL LEFT ENHANCED ELEVATION WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S #A369, Temecula, CA 92592 Ph: 909-855-3338 Contact: Steve Galvoz 11x17 sow:I/8'U1•-0' 24146 $SONI: 1//'x.1•-0' �n�rs�r• » _ .r xsasru`siars LINE REAR ENHANCED ELEVATION PLAN 2 CRAFTSMAN ENHANCED ELEVATIONS Butterfield & Walcott T.T.M. 36295 oy Date: June 22, 2010 J / Feb.01790,32 2011 / Mar. 2. 2011 FENCE LINE PARTIAL RIGHT EHNACED ELEVATION KEVIN L. CROOKIt ARCHITECT1. e � INC. FENCE 1 UNE 1 - -t •�i �=y 11 LA REAR ENHANCED ELEVATION PAR'T'IAL LEFT' ENIIANCED ELEVATION WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S NA369, Temecula, CA 92592 Ph: 909.855-3338 Contact: Steve cialvez Itx1i S<a:e: tiro -a- 24,16 :;cele: 1/4-.1'-0' PARTIAL RIGHT EHNACED ELEVATION QI i., s LOP F \CE �v. _ REAR ELEVATION PLAN 2 CRAFTSMAN OPTIONAL DECK Butterfield & Walcott T.T.M. 36295 op Dote: June 22, 2010 J / ebJ: .0 1790,37 2011 / Mar. 2. 2011 PARTIAL LEFT ELEVATION PARTIAL RIGHT ELEVATION KEVIN L. 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CROOK ARCHITECT . �. INCA REAR ENIIANCED ELEVATION PART AL LEFT ENHANCED ELEVATION WALCOTTINVESTMENTS, ALC Temecula Pkwy 92 Ph: 909-855-3338 Contact: Steve palvcz IIz1J Scole. 1/8'R1 -0' 74,58 Scor I/q'..1'-0' FENCE LINE PARTIAL RIGHT EHNACED ELEVATION PLAN 2 TUSCAN OPTIONAL DECK Butterfield & Walcott T.T.M. 36295 op : 090 Dote: June 22. 2010t / eb. 17,37 2011 / Mor. 2, 2011 REAR ELEVATION ham FENCE LINE PARTIAL LEFT ELEVATION FENCE LINE PARTIAL RIGHT ELEVATION KEVIN L. CROOK I ARCHITECT C TUSCAN ROOF PLAN PITCH 4:12 SPANISH ROOF PLAN PITCH 4:12 WALCO31938 TTN wy sASTTmNTS, LLCa Ph: 909-855-3338 Contact: Steve Galvez 11x17 Scole: I/8'-1'-0' 2405 Scole: 1/4-.1'-0• OPT. DECK MEM POP -DVT OCCUR ENHANCED ELEV. HERS O M. BATN 0 BEORM. 1 13.450,4, BEDRM 9 rwYq' 0 HIS i 0 0 LAUN. LOFT VwH�. SECOND FLOOR PLAN M.M. BEORM. BEDRM. 4 .rwe PLAN 3 Butterfield & Walcott FIRST FLOOR PLAN T.T.M. 36295 KEVIN I.. CROOKIII ARCHITECT Job 09037 INC. Dote: June 22, 2010 /Feb. 17. 2011 / Mor. 2, 2011 OPT. DECK BEDRM. 5 r•1`..0 GARAGE saws• . AREA TABULATION LoROM MITA cSUM MA IOW 04.0QUM MTN COT OM T.., i,u min W � � 1pgrt t FAMILY DINING rw+anr LIVING PORCH 1 1Q FENCE �w. PENCE Mfri LINE RIGHT ELEVATION 5C.WLYAlev REAR ELEVATION JI Asa -- LEFT ELEVATION WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S #A369, Temecula, CA 92592 Ph: 909-855-3338 Contact: Steve G,alvez 1107 Stole: 1/8".1 2400 SCOW 1/4"-V-0. PLAN 3 SPANISH Butterfield & Walcott T.T.M. 36295 Jo /I: 08037 OOte: June 22. 2010 /Feb. 17. 2011 / Mar. 2. 2011 El, owihollompuliiillopomtimoinwoninto (0? FRONT ELEVATION '1 I,I 0 �IPitl �III��I'I KEVIN L. ROOK ARCHITECT..CROOK INC. 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CROOK ARCHITECT Q• INC. 11 01-] FENCE LINE ue �iiii�'•l ii RIGIIT ELEVATION 1411 LY114S 404144 'IMMEM/ZSMX �i •Il. FENCE LINE r FENCE LINE mat 1l "TUSCAN • rn�.iwa,uuv"u, wno Pc v111INwuaan1 AI CAM P. 4.4%11114i 11.1 Wilo• LEFT ELEVATION WATCOTINVESTMENTS,C Temecula Pkwy S #A369, 92592 Ph: 909-855-3338 Contact: Stove calycz 244 11x17 Salla: i/4 -V-a PLAN 3 TUSCAN REAR ELEVATION H 1 1I `a eyOs►;..:.!.%V i. o"a:1cd.; Meg"- ■ L1_Lil 1 AA■ e y,,1umlDIUEIDIDII7I1. E,)9 ratimmuTirmum VLitAl Butterfield & Walcott T.T.M. 36295 Jo : 09037 Date: June 22, 2010Feb. 17, 2011 / Mar, 2, 2011 FRONT ELEVATION KEVIN L. CROOK ARCHITECTIQ .y INC. - PENCE ONE PARTIAL LEFT ENHANCED ELEVATION WALCOTT INVESTMENTS LLC 31938 Temecula Pkwy S IIA369, Temecula. CA 92592 Ph: 909-855-3338 Contact: Steve Cialvez 1 1,1'/ Scala; 1/8-.1.-0. 24,16 Scala. 1/4...1.-0. REAR ENHANCED ELEVATION PLAN 3 TUSCAN ENHANCED ELEVATIONS Butterfield & Walcott T.T.M. 36295 Dote: June 22, 201014).W/2011 / Mar. 2, 2011 filieworA PENCE !NE PARTIAL RIGHT EHNACED ELEVATION KEVIN L. CROOK 1 ARCHITECT INC. REAR ENHANCED ELEVATION PARTIAL LEFT ENHANCED ELEVATION WA38TCOTTINVESTMENTS, LLCu 2 Ph: 909-855-3338 Contact: Steve Galvez 1107 Som*: 1/8'=1'—e' 24x36 Seely 1/1'=1'—e' PARTIAL RIGHT EHNACED ELEVATION PLAN 3 TUSCAN OPTIONAL DECK Butterfield & Walcott T.T.M. 36295 09037 Dote: June 22, 20101 AL 17, 2071 / Mer. 2. 2011 ' 11 fgafifiilfdfal 1 REAR ELEVATION PARTIAL LEFT ELEVATION PARTIAL RIGHT ELEVATION KEVIN L. CROOK ARCHITECT ¢ INC. II RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A ZONE CHANGE AND GENERAL PLAN AMENDMENT FROM VL -VERY LOW DENSITY TO L -LOW DENSITY WITH A PDO; A TENTATIVE TRACT MAP TO SUBDIVIDE 25 ACRES INTO 45 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD, APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On May 12, 2010, Mr. Steve Galvez filed Planning Application Nos. PA10- 0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 16, 2011, the Planning Commission recommended approval of Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10- 0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment. C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA") D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. On November 16, 2011, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 16, 2011, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. 1 F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the November 16, 2011 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for this project. Section 2. CEQA Findings. The City Council hereby finds, determines and declares that: A. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the January 10, 2011 public hearing, and makes these findings based on the whole record before it. B. The Mitigated Negative Declaration and Mitigation Monitoring Program were prepared in compliance with CEQA. C. There is no substantial evidence that the Project will have a significant effect on the environment. D. Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. The documents and analysis on which this determination is based are and have been on file in the Office of the Planning Department of the City of Temecula located at 41000 Main Street, Temecula, California 92589. Section 3. Approval of Mitigated Negative Declaration and Mitigation Monitoring Program. Based on the findings set forth in the Resolution, the City Council hereby approves the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for this Project. 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of January, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of January, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 3 Susan W. Jones, MMC City Clerk RESOLUTION NO. 12 - AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0148, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL (APNS 957-170-032 THROUGH - 036) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On May 12, 2010, Mr. Steve Galvez filed Planning Application Nos. PA10- 0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 16, 2011, the Planning Commission recommended approval of Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10- 0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from August 8, 2011 through September 7, 2011 for a 30 -day public review. E. On November 16, 2011, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 16, 2011, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. H. On January 10, 2012, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 12 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan; This application is accompanied by a Tentative Tract Map 36295, Home Product Review Application and Zone Change to a PDO. The General Plan Amendment and Zone Change to a PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximately 13 acres of the 25 gross acre site in permanently preserved open space, thereby promoting the goals of the General Plan to preserve habitat and provide additional trails and active parkland. The project design is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The proposed amendment is consistent with all other elements and policies of the General Plan. C. The proposed amendment will not have an impact on the character of the surrounding area; The proposed General Plan Amendment will not have an impact on the character of the surrounding area because it has been designed as a conservation/cluster development to provide a transition between high and low density development within the rural Nicolas Valley. The proposed development will preserve approximately 13 acres of the 25 gross acre site, and provide additional trails and preserve habitat. In addition, the General Plan Amendment is accompanied by a Home Product Review Application that has been reviewed and conditioned to provide homes of a high quality design via appropriate massing, roofline variation, high quality and varied materials, and floor plan square footage consistent with existing development in the surrounding area. Section 3. Amendment to General Plan. The City Council hereby amends the existing General Plan on file with the City of Temecula City Clerk's office by designating the property located on 45 acres located east of Walcott Lane and west of Butterfield Stage Road in the City of Temecula (APNS 957-170-032 through -036) as shown on Exhibit A, attached hereto and incorporated herein by this reference. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of January, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of January, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk - - VL 1 - - • - A1W 95)-0)0-011 • GENERAL PLAN EXHIBI • PM IV 1911 PM WO vt APN 937-110-001 Low (L) Density Residential BUTTERF/ELD STAGE ROAD PM M1 )955 VL APM 997-120-002 - --__ _ APPLICANTI-_Z0-- 4054 0008.9.71 071901 WK LgJG130 )HLF I 1 OF VICINITY NAP O NOT TO SCALL f.JJ01NEER: r02171) 191/01. 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CA92592 09: (909) 955-5539 ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0147, CHANGING THE ZONE OF THE PROPERTY LOCATED ON 45 ACRES LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD IN THE CITY OF TEMECULA (APNS 957- 170-032 THROUGH -036) FROM "VERY LOW DENSITY (VL)" TO "PDO -12 (WALCOTT ESTATES PLANNED DEVELOPMENT OVERLAY DISTRICT)" AND ADDING SECTIONS 17.22.230 THROUGH 17.242, "WALCOTT ESTATES PLANNED DEVELOPMENT OVERLAY DISTRICT (PDO -12)," TO THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On May 12, 2010, Mr. Steve Galvez filed Planning Application Nos. PA10- 0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 16, 2011, the Planning Commission recommended approval of Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10- 0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from August 8, 2011 through September 7, 2011 for a 30 -day public review.. E. On November 16, 2011, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 16, 2011, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. H. On January 10, 2012, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 12 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: A. The proposed zone change is consistent with the land use designation in which the use is located, as shown on the Land Use Map, General Plan and Development Code; This application is accompanied by a Tentative Tract Map 36295, Home Product Review Application and General Plan Amendment from VL -Very Low Density to L -Low Density Residential. The General Plan Amendment and Zone Change to a PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximately 13 acres of the 25 gross acre site in permanently preserved open space, thereby promoting the goals of the General Plan to preserve habitat and provide additional trails and active parkland. The project is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The proposed use is in conformance with the goals, policies, programs, and guidelines of the elements of the General Plan; The proposed Zone Change and associated applications are in conformance with the General Plan and all applicable requirements of State law and other Ordinances of the City. Section 3. Zone Change Amendment and Zone Text Amendment. The City Council hereby amends the existing Official Zoning Map on file with the City of Temecula City Clerk's office by changing the zone of the property located on 45 acres located east of Walcott Lane and west of Butterfield Stage Road in the City of Temecula (APNS 957-170-032 through -036) as shown on Exhibit A, attached hereto and incorporated herein by this reference from "very low density (VL)" to "PDO -12 (Walcott Estates Planned Development Overlay District)" and adds Sections 17.22.230 through 17.242, "Walcott Estates Planned Development Overlay District (PDO -12)," to the Temecula Municipal Code to read as set forth on Exhibit A, attached hereto and incorporated herein as though set forth in full. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of January, 2012. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 12- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 10th day of January, 2012, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 17.22.230 Title. Sections 17.22.230 through 17.22.242 shall be known as "PDO -12" (Walcott Estates Planned Development Overlay District). (Ord. 11 -XX, 1 § 2 (Exh. A (part))) 17.22.232 Purpose The Walcott Estates Planned Development Overlay District (PDO -12) is intended to provide regulations for a rural style, transitional development with liberal open space. It is the intent of the city to create special regulations that will combine open space with clustered small -lot single-family residential product to conserve open space and drainageways and serve as a transitional development between medium density single-family residential areas to the south and large lot rural properties to the north. (Ord. 11 -XX, 1 § 2 (Exh. A (part))) 17.22.234 Relationship with the development code and citywide design guidelines. A. The permitted uses for the Walcott Estates planned development overlay are described in Section 17.22.236. B. Except as modified by the provisions of Section 17.22.238, the following rules and regulations shall apply to all planning applications in the area. 1. The citywide design guidelines that are in effect at the time an application is deemed complete. 2. The approval requirements contained in the development code that are in effect at the time the application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. (Ord. 10 -XX § 2 (Exh. A (part))) 17.22.236 Use Regulations The Walcott Estates planned development overlay district (PDO -12), located between Walcott Lane and Butterfield Stage Road, is intended to provide for the development of forty-five single family detached homes on fee owned lots, on 25.13 gross acres, with a proposed density of 1.8 dwelling units per gross acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the City's general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. 17.22.238 Development Standards The residential component shall comply with the development standards set forth in Table 17.22.238. The maximum residential density shall be two units per gross acre. Table 17.22.238 Residential Development Standards Walcott Estates Planed Development Overlay District Residential Development Standards PDO -12 LOT AREA Minimum Lot Area 4,500 square feet Maximum number of dwelling units per gross acre 2.0 LOT DIMENSIONS Minimum average width 45 feet Minimum average depth 100 feet BUILDING SETBACKS Minimum front yard' 15 feet Minimum corner side yard 10 feet Minimum interior side yard 5 feet Minimum rear yard 20 feet Minimum building separation 10 feet OTHER REQUIREMENTS Maximum Building Height 35 feet Notes: 1. A minimum of twenty (20) foot setback is required to face of garage door 17.22.240 Project setting A. Setting and Location. The Walcott Estates Project is comprised of 25.13 gross acres situated between Walcott Land and Butterfield Stage Road, at the intersection of Butterfield Stage Road and Vista Del Monte Road. Walcott Lane is a paved, two lane road along the frontage of the property and Butterfield Stage Road only exists as dedicated right of way. The existing right of way for Karen Lynn Lane will be vacated as a part of this project. B. Existing Site Conditions. The property consists of undeveloped land. Topographical relief ranges from a high elevation of 1365 on the northern portion of the property, to a low elevation of 1258 near the south western portion of the property. An existing watercourse traverses the southern portion of the property, flowing from east to west. C. Surrounding Land Uses and Development. A tract of single family homes exist to the south of the project, large lot agricultural lands exist to the east, and rural properties lie to the north and west of the subject property. r y% -1L- 7 -7-7 I/ 1--- - - PA10-0145 T (Ord. 10 -XX § 2 (Exh. A (part))) 17.22.241 Supplemental Design Standards The development shall be consistent with the following exhibits: Exhibit A — Site Plan MOLL �;sNMI 6. ,. r. Mr�w• • vY_ro• . . !_ t d tF. at dam Q X • 1L 4, •� t !• -'BEF.f T�$•t.Ei�' -f#-�-EI.i IES 45.41, PIAN VENN `MIItlab. M Exhibit B — Mailbox Trellis WOOD BEAM ARBOR 3TOr1E YEr IEER COIUMt4 BATE MAILBOX CLUSTER 1/4" = l'-0" Exhibit C — Section at Butterfield Stage Road STREET TREES 'SLOPE PLANTING BUTTERFIELD SIDEWALK PARKWAY PLANTING SECTION AT BUTTERFIELD ROAD 1/4"= 1'-0" Exhibit D — Typical Section at Interior Street TYPICAL SECTION AT INTERIOR STREET 114' = 1'-0" Exhibit E — Section at Project Entry SECT'ON AT PROJECT ENTRY '1 1.011r4OAD 5' &am 11.5' 1100.110.41, 6' 1/4 = Exhibit F — Section at Walcott Lane SECTION AT WALCOTT LANE 1H"�1-0 Exhibit G — Architectural Styles Spanish Craftsman Tuscan The architecture of the project shall include at least three different floor plans and three different architectural styles (Spanish, Craftsman, and Tuscan). At a minimum, the styles shall include the following features to provide variation along the street. • Spanish: stucco finish, concrete 's' tile roof, 4:12 roof pitch, decorative accent vents, clay pipe accents, decorative foam trim elements, wood fascias and exposed rafter tails, arched multi -pane windows, arched entrances, front porches, and decorative wood shutters. • Tuscan: stucco finish, concrete 's' tile roof, 4:12 roof pitch, decorative foam trim elements and panel type shutters, wrought iron accents, arched elements, decorative foam, front porches and stone veneer. • Craftsman: smooth stucco finish, concrete flat tile roof, 5:12 roof pitch, wood fascias, enhanced outlookers and wood braces, board and batten siding, foam trim, tapered porch columns with stone base, wood railings and shutters, and decorative carriage style garage doors. Other architectural styles may be considered at the discretion of the Director of Planning, provided specific details unique to the proposed architectural style and elevation are incorporated. Articulation must be provided on all sides of the homes so that each side of each product provides specific features of the proposed architectural style. Each of the proposed styles must be differentiated from the others through the use of door and window types, window and door trim, garage door design, materials such as stone, roof type and pitch, shutters and the overall silhouette. In addition, elevations that are visible from a public street or an open space must incorporate architectural enhancements. RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0145, TENTATIVE TRACT MAP 36295 TO SUBDIVIDE 25 GROSS ACRES INTO 45 LOTS AND ASSOCIATED OPEN SPACE LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On May 12, 2010, Mr. Steve Galvez filed Planning Application Nos. PA10- 0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 16, 2011, the Planning Commission recommended approval of Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10- 0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from August 8, 2011 through September 7, 2011 for a 30 -day public review. E. On November 16, 2011, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 16, 2011, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. H. On January 10, 2012, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 12 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Tentative Tract Map hereby finds, determines and declares that: A. The proposed subdivision and the design and improvements of the subdivision are consistent are consistent with the Development Code, General Plan, the Subdivision Ordinance, and the City of Temecula Municipal Code; The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code. The 45 -lot subdivision of a 25 gross acre site will result in a density of 1.8 units per acre, which is within the allowable density range of 0.5 to 2.9 units per acre consistent with a PDO based on L -Low Density Standards. B. The Tentative Map does not propose to divide land, which is the subject to a contract entered into pursuant to the California Land Conservation Act of 1965; The proposed property has not been used as agricultural land and has never been entered into any Williamson Act contracts. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The Initial Study and special reports prepared for the project indicate that there will not be any significant impacts to the environment. D. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and unavoidably injure fish or wildlife or their habitat; The design of the subdivision and the proposed improvements, with Conditions of Approval, will not likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the Initial Study and associated mitigation outlined in the special reports prepared for the project have been incorporated into the Conditions of Approval and a Mitigated Negative Declaration and Mitigation Monitoring Program. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The design of the subdivision and the type of improvements are not likely to cause serious public health problems because the proposed development is consistent with all applicable building, development and fire codes, which will include provisions to safeguard public health, and will be further reviewed and inspected by City staff for compliance with all applicable building, development and fire codes prior to issuance of any grading, building, or occupancy permits. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The design of the subdivision provides for future passive or natural heating or cooling opportunities. The project has been designed to ensure that all setbacks have been met and that light and air access is available to the extent possible. In addition, the construction will be required to conform to all state energy efficiency codes as well. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required easements and dedication are required as Conditions of Approval. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The subdivision is consistent with the City's parkland dedication requirements (Quimby), because payment of Quimby fees will be required prior to issuance of a building permit. Section 2. Tentative Map Approval. The City Council hereby approves Tentative Tract Map 36295 (Planning Application No. PA10-0145) to subdivide 25 gross acres into 45 lots and associated open space located east of Walcott Lane and west of butterfield Stage road approximately 1,500 feet north of La Serena WAY and 1,100 feet south of Calle Chapos (APNs 957-170-032 through -036) subject to the conditions of approval attached hereto and incorporated herein by this reference as though set forth in full. Section 3. 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 10th day of January, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of January, 2012, 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.: PA10-0145 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project Planning Application No. PA10-0145, a Tentative Tract Map (No. 36295) to subdivide 25 acres into 45 single-family cluster lots. Minimum lot size for the residential lots is 4,500 square feet. Approximately 10 acres of the site will be preserved as permanent open space to preserve the existing drainage on-site. Access to the site will be provided from Walcott Lane. Butterfield Stage Road will have restricted (gated), emergency access only. The project site is located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena Way and south of Calle Chapos. (Associated applications: PA10-0146, Home Product Review; PA10-0147, Zone Change for PDO; and PA10-0148, General Plan Amendment for PDO/cluster development). 957-170-032, -033, -034, -035, and -036 Single Family Residential (less than 8 du/ac) Residential - Detached Single -Family Residential January 10, 2012 January 10, 2014 PL -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 Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty -Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. 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 due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -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 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. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. The project and all subsequent projects within this site shall comply with all mitigation measures identified in the Mitigated Negative Declaration (MND) adopted for this project per CEQA. PL -7. The development of the premises shall substantially conform to the approved site plan and tentative tract map contained on file with the Planning Department. PL -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. PL -9. On utilities, equipment, walls or other structures, all graffiti shall be removed within 24 hours. PL -10. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -11. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Planning Director. PL -12. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. PL -13. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. PL -14. A Homeowners Association may not be terminated without prior City approval. PL -15. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -16. The applicant shall comply with the Public Art Ordinance. PL -17. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, on-site lighting, streetlights on private streets, and Class 1 trail shall be maintained by the property owner or maintenance association. PL -18. The CC&Rs shall be reviewed and approved by the Temecula Community Services District. PL -19. All costs associated with the relocation of any existing streetlights shall be paid for by the developer. PL -20. The wall and fence plans shall be consistent with the height and location specified in the Noise Study prepared by Kunzman Associates, 2010. Prior to Issuance of Grading Permit(s) PL -21. 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 Planning Director at his/her sole discretion may require the property owner 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 Planning Director 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 Planning Director 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 Planning Director." PL -22. 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. PL -23. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre -grading meeting with Public Works. PL -24. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Department approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL -25. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL -26. Four 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, oras amended bythese conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -27. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -28. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -29. 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. PL -30. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verify irrigation installation with open trenches. The second inspection will verify that all irrigation systems have head- to-head coverage, and to verify that all planting have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -31. Specification of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will verify irrigation installation with open trenches. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all planting have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of one year landscape maintenance bond." The applicantlowner shall contact the Planning Department to schedule inspections. PL -32. Automatic irrigation shall be installed for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping including front yard landscaping which shall include, but may not be limited to, private slopes and common areas. PL -33. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, it shall be temporarily landscaped and irrigated for dust and soil erosion control. PL -34. The plans shall include all hardscaping for pedestrian trails within private common areas. PL -35. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: a. Decorative block for the perimeter of the project adjacent to a public right-of-way equal to 66 feet or larger and the side yards for corner lots. b. Wrought iron or decorative block and wrought iron combination to take advantage of views for side and rear yards. c. Wood fencing shall be used for all side and rear yard fencing when riot restricted/conditioned outlined above. PL -36. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -37. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL -38. Roof -mounted mechanical equipment shall not be permitted within the subdivision; however, solar equipment or any other energy saving devices shall be permitted with Planning Director approval. PL -39. 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. PL -40. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, hardscape, and mailboxes) to match the style of the building subject to the approval of the Planning Director. PL -41. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. PL -42. Prior to the first building permit or installation of additional streetlights on Walcott Lane or Butterfield Stage Road, whichever occurs first, the developer shall complete the Temecula Community Services District application, submit an approved Edison Streetlight Plan, and pay the advanced energy fees. PL -43. The developer shall post security and enter into an agreement to install the landscaped parkway. PL -44. The applicant shall provide more detail with regard to screening of the lift station. Specifically, trees to screen views from the street, vines to cover the wall, and a potential trellis roof to screen views from residential neighbors above looking down into the lift station. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -45. An applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL -46. 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 Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -47. Front yard and slope landscaping within individual lots shall be completed for inspection. PL -48. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area. PL -49. Performance securities, in amounts to be determined by the Planning Director, 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 Planning Director, the bond shall be released upon request by the applicant. PL -50. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Recordation of the Final Map PL -51. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in -lieu fees equivalent to 0.64 acres of parkland, based upon the City's then current land evaluation. PL -52. A copy of the Final Map shall be submitted to and approved by the Planning Department. PL -53. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to and approved by the Planning Department. PL -54. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Planning Director. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, streetlights on private streets, Class 1 Trail, exterior of all buildings and all landscaped and open areas including parkways. PL -55. The CC&Rs shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. PL -56. The CC&Rs shall be prepared at the developer's sole cost and expense. PL -57. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. PL -58. The CC&Rs shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the Project's Water Quality Management Plan. PL -59. The CC&Rs shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. PL -60. The CC&Rs shall provide that the association may not be terminated without prior City approval. PL -61. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. PL -62. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. PL -63. All open areas and landscaping governed byCC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Departments prior to the issuance of building permits. PL -64. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. PL -65. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Tract Map Number requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Planning Director of the City of Temecula. PL -66. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. 36295 require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Patrick Richardson Planning Director Approved as to Form: Peter M. Thorson City Attorney PL -67. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. PL -68. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. PL -69. Three copies of the final recorded CC&Rs shall be provided to the Planning Department. PL -70. As per the City of Temecula's Multi -Use Trails and Bikeways Master Plan a Class I Trail and Class II Bike Lane shall be installed along Walcott Lane. A public access easement shall be dedicated on the Final Map for the Class I Trail. FIRE PREVENTION General Requirements F-1. 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. F-2. The Fire Prevention Bureau is required to set a minimum fire flow residential land division per Appendix B. The applicant shall provide at time of plan review a copy of the original Conditions of Approval showing the originally required fire flow, and a current fire flow test as well as the hydraulic grade line from Rancho Water meeting those standards. This project will be required to provide a water system capable of delivering 1,500 GPM at 20 -PSI residual operating pressure with a 2 -hour duration. The fire flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020). F-3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. The applicant shall provide at the time of plan review a copy of the original Conditions of Approval showing the originally required fire hydrant spacing and distances for this land/site, and current evidence of meeting those standards. This project will be required to provide super fire hydrants (6" x 4" 2-2'/" outlets) located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart at each intersection, and shall be located no more than 250 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 hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). F-4. This development shall maintain two points of access. One access point will be gated with emergency access only. Roads must be via all-weather surface as approved by the Fire Prevention Bureau (CFC Chapter 5) Prior to Issuance of Grading Permit(s) F-5. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum outside turning radius on any cul-de-sac shall be 37 feet (CFC Chapter 5 along with the Temecula City Ordinance 15.16.020). F-6. Fire apparatus access roads and driveways 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 (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-7. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 unobstructed as well with an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-8. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5 and Temecula City Ordinance 15.16.020). Prior to Issuance of Certificate of Occupancy F-9. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department access shall be provided with the Knox Rapid Entry System for emergency access by fire fighting personnel (CFC Chapter 5). PUBLIC WORKS DEPARTMENT General Requirements PW -1. The Department of Public Works recommends the following Conditions of Approval for this project. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. PW -2. It is understood that the developer correctly shows on the Tentative Map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW -3. A Grading Permit for rough and 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. PW -4. 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. PW -5. All 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. PW -6. The project shall include construction -phase pollution prevention controls into the design of the project to prevent non -permitted runoff from discharging off site or entering any storm drain system or receiving water during all field -related activities. PW -7. A Water Quality Management Plan (WQMP) must be conceptually accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered civil engineer and include Low Impact Development (LID) Best Management Practices (BMPs), source controls, and treatment devices. PW -8. All onsite drainage and water quality facilities shall be privately maintained. PW -9. The 24 -foot wide driveway opening on Butterfield Stage Road is restricted to emergency access only. Prior to approval of the Tract Map, unless other timing is indicated, the developer shall complete or have plans submitted and approved, subdivision improvement agreements executed and securities posted. PW -10. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. Army Corps of Engineers b. California Department of Fish and Game c. Rancho California Water District d. Eastern Municipal Water District e. Riverside County Flood Control and Water Conservation District f. City of Temecula Fire Prevention Bureau g. Planning Department h. Department of Public Works i. Riverside County Health Department j. Cable TV Franchise k. Community Services District I. Verizon m. Southern California Edison Company n. Southern California Gas Company, or other affected agencies PW -11. The developer shall design and guarantee construction of the following public improvements outlined in these conditions to the City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works. a. Butterfield Stage Road (Principal Arterial (6 lanes divided) Highway Standard No. 100-110' R/W) to include dedication of half -width street right-of-way, installation of half -width street improvements, paving, curb and gutter, sidewalk, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and raised landscaped median. b. Walcott Lane — 66' R/W in compliance with Nicolas Valley Design Guidelines to include installation of curb and gutter, seven (7) foot wide planter area, nine (9) foot wide D.G. multipurpose trail, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) PW -12. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. PW -13. Unless otherwise approved, all criteria shall be observed in the design of the street improvement plans. a. Street centerline 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 Standard Number 207A. c. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. d. Minimum centerline radii shall be in accordance with City Standard Number 113. e. All reverse curves shall include a 100 -foot minimum tangent section. f. All street and driveway centerline intersections shall be at 90 degrees. g. 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. PW -14. PW -15. PW -16. h. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City codes and the utility provider. i. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. 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. Improve Street "A", "B", and "C" (Private Street — 50' R/E) to include installation of full -width street improvements, including utilities, as shown on the approved Tentative Tract Map. b. Cul-de-sac geometries shall meet current City standards. c. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). d. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn -around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. e. All intersections shall be perpendicular to 90 degrees. A construction area Traffic Control Plan shall be designed by a registered civil engineer and reviewed by 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. Relinquish and waive right of access to and from Butterfield Stage Road on the Tract Map with the exception of one opening as delineated on the approved TractMap. This access is restricted for emergency access only. PW -17. Relinquish and waive right of access to and from Walcott Lane on the Tract Map with the exception of one opening as delineated on the approved Tentative Tract Map. PW -18. PW -19. PW -20. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard Number 805. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Tract Map, the developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. PW -21. Any delinquent property taxes shall be paid. PW -22. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Tract Map to delineate identified environmental concerns and shall be recorded with the map. PW -23. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. PW -24. PW -25. The developer shall make a good faith effort to acquire the required off site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Tract Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall be approved by the City prior to commencement of the appraisal. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre -wired in the residence. PW -26. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. PW -27. Private drainage easements for cross -lot drainage shall be required and shall be delineated and noted on the Final Map. PW -28. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the Final Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Final Map. A note shall be added to the Final Map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permit(s) PW -29. The Water Quality Management Plan (WQMP) must receive final acceptance by the City prior to issuance of any grading permit. PW -30. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Army Corps of Engineers c. California Department of Fish and Game d. Riverside County Flood Control and Water Conservation District e. Planning Department f. Department of Public Works, or other affected agencies PW -31. PW -32. A Grading Plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards and shall be approved by the Department of Public Works prior to the commencement of grading. The Grading Plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval. PW -33. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. PW -34. PW -35. PW -36. PW -37. PW -38. PW -39. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to 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 preliminary pavement sections. A Drainage Study shall be prepared bya registered civil engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of 100 years. Construction -phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 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 in accordance with Grading Ordinance Section 18.24.120. 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. PW -40. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. PW -41. The developer shall obtain letters of approval or easements for any off site work performed on adjoining properties. The letters or easements shall be in format as directed by the Department of Public Works. PW -42. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permit PW -43. PW -44. PW -45. PW -46. PW -47. Prior to issuance of the first building permit, a. Tract Map No. 36295 shall be approved and recorded. b. The City is currently working on a Capital Improvement Project (CIP) No. PW09-02 to design and construct Butterfield Stage Road from Murrieta Hot Springs Road to just north of La Serena Way. i. In the event that PW09-02 is completed prior to the developer starting their project, the developer shall install sidewalk and parkway improvements along its property frontage. The developer shall complete this work prior to the issuance of the first building permit ii. In the event that the developer's project occurs prior to the completion of PW09-02, the developer shall construct Butterfield Stage Road (Principal Arterial (6 lanes divided) Highway Standard No. 100-110' R/W) to include the dedication of half -width street right-of-way, the installation of half -width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities including, but not limited to, water and sewer, and the raised landscaped median. The developer shall complete this work prior to the issuance of the first building permit. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered civil engineer for location and elevation, and the soils engineer shall issue a Final Soils Report addressing compaction and site conditions. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the Grading Permit, City Grading Standards and accepted grading construction practices. The Final Grading Plan shall be in substantial conformance with the approved rough Grading Plan. The developer shall pay to the City the Public Facilities Development Impact Fee (DIF) as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all resolutions implementing Chapter 15.06. 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. Prior to Issuance of Certificate of Occupancy PW -48. The project shall submit a completed WQMP Operation and Maintenance (O&M) Agreement that must include the owner's notarized signature, proof of recordation with PW -49. PW -50. the County Recorder's Office, and all maintenance procedures for each of the structural treatment control Best Management Practices (BMPs) outlined in the WQMP. The project shall demonstrate that the structural treatment control BMPs outlined in the Water Quality Management Plan (WQMP) have been constructed and installed in conformance with approved plans and are ready for immediate implementation. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW -51. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. PW -52. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Department of Public Works. PW -53. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0146, A HOME PRODUCT REVIEW APPLICATION FOR WALCOTT ESTATES LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On May 12, 2010, Mr. Steve Galvez filed Planning Application Nos. PA10- 0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 16, 2011, the Planning Commission recommended approval of Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10- 0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from August 8, 2011 through September 7, 2011 for a 30 -day public review. E. On November 16, 2011, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 16, 2011, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. H. On January 10, 2012, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 12 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Home Product Review hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; This application is accompanied by a Tentative Tract Map 36295, General Plan Amendment and Zone Change to a PDO. The General Plan Amendment and Zone Change to a PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximately 13 acres of the 25 gross acre site in permanently preserved open space, thereby promoting the goals of the General Plan to preserve habitat and provide additional trails and active parkland. The project has been designed to ensure compliance with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project is consistent with all applicable building, development and fire codes, which include provisions to safeguard the health, safety, and general welfare of the community. Section 2. Home Product Review Approval. The City Council hereby approves Planning Application No. PA10-0146, a Home Product Review Application for Walcott Estates located east of Walcott Lane and west of Butterfield Stage road approximately 1,500 feet north of La Serena way and 1,100 feet south of Calle Chapos (AP NS 957-170-032 through -036) subject to the conditions of approval attached hereto as Exhibit A and incorporated herein as though set forth in full. Section 3. 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 10th day of January, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of January, 2012, 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.: PA10-0146 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project A Residential Home Product review for 45 lots to be created with TTM 36295 (PA10-0145) for 3 floor plans ranging in size from 2,235 to 2,956 square feet with three elevation types each - Craftsman, Spanish and Tuscan. The project site is located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena Way and south of Calle Chapos. (Associated applications: PA10-0145, TTM 36295; PA10-0147, Zone Change for PDO; and PA10-0148, General Plan Amendment for PDO/cluster development). 957-170-032, -033, -034, -035, and -036 Single Family Residential (less than 8 du/ac) Residential - Detached Single Family Residential January 10, 2012 January 10, 2014 PL -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 Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty -Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. 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 due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -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 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. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. 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. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7. The project and all subsequent projects shall comply with all mitigation measures identified in the Mitigated Negative Declaration (MND) adopted for this project per CEQA. PL -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. PL -9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -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. PL -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 staff's 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 Conditions 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. PL -12. The following lots shall include enhanced elevations on all 4 sides: 1, 12, 13, 17, 18, 23, 24, 27, 28, 32, 37, 38, 42, and 45. The following elevations shall include enhanced rear elevations: 2 — 11. Lots 1 and 12, and at least half of lots 2 — 11 shall include the optional decks shown on the elevations. All enhanced elevation locations shall be shown on the Precise Grading Plans with an asterisk, and on the Building Plans with a note. PL -13. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -14. The applicant shall comply with the Public Art Ordinance. PL -15. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, on-site lighting, streetlights on private streets, and Class 1 trail shall be maintained by the property owner or maintenance association. PL -16. All costs associated with the relocation of any existing streetlights shall be paid for by the developer. Prior to Issuance of Grading Permit(s) PL -17. 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 Planning Director at his/her sole discretion may require the property owner 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 Planning Director 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 Planning Director 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 Planning Director." PL -18. 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. PL -19. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre -grading meeting with Public Works. PL -20. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Department approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL -21. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL -22. Four 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, oras amended bythese conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -23. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -24. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -25. 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. PL -26. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verify irrigation installation with open trenches. The second inspection will verify that all irrigation systems have head- to-head coverage, and to verify that all planting have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -27. Specification of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will verify irrigation installation with open trenches. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all planting have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of one year landscape maintenance bond." The applicantlowner shall contact the Planning Department to schedule inspections. PL -28. Automatic irrigation shall be installed for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may riot be limited to, private slopes and common areas. PL -29. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, it shall be temporarily landscaped and irrigated for dust and soil erosion control. PL -30. The plans shall include all hardscaping for pedestrian trails within private common areas. PL -31. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: a. Decorative block for the perimeter of the project adjacent to a public right-of-way equal to 66 feet or larger and the side yards for corner lots. b. Wrought iron or decorative block and wrought iron combination to take advantage of views for side and rear yards. c. Wood fencing shall be used for all side and rear yard fencing when riot restricted/conditioned outlined above. PL -32. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -33. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL -34. Roof -mounted mechanical equipment shall not be permitted within the subdivision; however, solar equipment or any other energy saving devices shall be permitted with Planning Director approval. PL -35. 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. PL -36. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, hardscape, and mailboxes) to match the style of the building subject to the approval of the Planning Director. PL -37. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. PL -38. Prior to the first building permit or installation of additional streetlights on Walcott Lane or Butterfield Stage Road, whichever occurs first, the developer shall complete the Temecula Community Services District application, submit an approved Edison Streetlight Plan, and pay the advanced energy fees. PL -39. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in -lieu fees equivalent to 0.64 acres of parkland, based upon the City's then current land evaluation. PL -40. The developer shall post security and enter into an agreement to install the landscaped parkway. PL -41. As per the City of Temecula's Multi -Use Trails and Bikeways Master Plan a Class I Trail and Class II Bike Lane shall be installed along Walcott Lane. A public access easement shall be dedicated on the Final Map for the Class I Trail. PL -42. The wall and fence plans shall be consistent with the height and location specified in the Noise Study prepared by Kunzman Associates, 2010. PL -43. The applicant shall provide more detail with regard to screening of the lift station. Specifically, trees to screen views from the street, vines to cover the wall, and a potential trellis roof to screen views from residential neighbors above looking down into the lift station. PUBLIC WORKS DEPARTMENT General Requirements PW -1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW -2. A Grading Permit for 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. PW -3. 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. PW -4. All 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. PW -5. The project shall include construction -phase and permanent pollution prevention controls into the design of the project to prevent non -permitted runoff from discharging off site or entering any storm drain system or receiving water. PW -6. All conditions of approval for Tentative Tract Map No. 36295 shall apply. Prior to Issuance of Grading Permit(s) PW -7. A finalized WQMP must be accepted by the City prior to issuance of any grading permits. PW -8. As deemed necessary by the Department of Public Works, the developer shall receive written clearances from the following agencies a. San Diego Regional Water Quality Control Board b. Army Corps of Engineers c. California Department of Fish and Game d. Riverside County Flood Control and Water Conservation District e. Planning Department f. Department of Public Works, or other affected agencies PW -9. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW -10. PW -11. 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 in accordance with Grading Ordinance Section 18.24.120. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. PW -12. PW -13. Construction -phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual and the City's standard notes for Erosion and Sediment Control. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW -14. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the Planning Department, or other affected agencies. PW -15. 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. Prior to Issuance of Building Permit(s) PW -16. PW -17. PW -18. PW -19. Prior to issuance of the first building permit: a. Tract Map No. 36295 shall be approved and recorded b. The City is currently working on a Capital Improvement Project (CIP) No. PW09-02 to design and construct Butterfield Stage Road from Murrieta Hot Springs Road to just north of La Serena Way. i. In the event that PW09-02 is completed prior to the developer starting their project, the developer shall install sidewalk and parkway improvements along its property frontage. The developer shall complete this work prior to the issuance of the first building permit. ii. In the event that the developer's project occurs prior to the completion of PW09-02, the developer shall construct Butterfield Stage Road (Principal Arterial (6 lanes divided) Highway Standard No. 100-110' R/W) to include the dedication of half -width street right-of-way, the installation of half width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities including, but not limited to, water and sewer, and the raised landscaped median. The developer shall complete this work prior to the issuance of the first building permit. 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. 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. 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. Prior to Issuance of Certificate of Occupancy PW -20. PW -21. PW -22. Prior to the first certificate of occupancy, the developer shall ensure that the WQMP measures associated with this development have been installed and ready for implementation. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW -23. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. PW -24. The Developer shall ensure that BMPs are installed to delineate between construction zones and occupied zones. BUILDING AND SAFETY DEPARTMENT General Conditions/information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-3. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B-4. Obtain all building plans and permit approvals prior to commencement of any construction work. B-5. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. B-6. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. B-7. Provide an approved automatic fire sprinkler system. At Plan Review Submittal B-8. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-9. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2010 edition of the California Building Code. B-10. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2010 edition of the California Plumbing Code. B-11. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B-12. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-13. A pre -construction meeting is required with the building inspector prior to the start of the building construction. City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Walcott Estates Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Matt Peters, Associate Planner (951) 694-6408 Project Location The project site is located east of Walcott Lane, approximately 1,500 feet north of La Serena and 1,100 feet south of Calle Chapos. Project Sponsor's Name and Address Steve Galvez Walcott Investments, LLC 31938 Temecula Pkwy Suite A369 Temecula, CA 92592 General Plan Designation VL-Very Low Density Residential Zoning VL-Very Low Density Residential Description of Project Planning Application No. PA10-0145, a Tentative Tract Map (No. 36295) to subdivide 25 acres into 45 single -family cluster lots. Minimum lot size for the residential lots is 4,500 square feet. Approximately 10 acres of the site will be preserved as permanent open space to preserve the existing drainage on-site. Access to the site will be provided from Walcott Lane. The future extension of Butterfield Stage Road will have restricted (gated), emergency access only. (Associated applications: PA10-0146, Home Product Review; PA10-0147, Zone Change for PDO; and PA10-0148, General Plan Amendment for PDO/cluster development). Planning Application No. PA10-0146, a Residential Home Product review for 45 lots to be created with TTM 36295 (PA10-0145) for three floor plans ranging in size from 2,235 to 2,956 square feet with three elevation types each - Craftsman, Spanish and Tuscan. Planning Application No. PA10-0147, a Zoning Map and Text change from Very Low (VL) density residential to a Planned Development Overlay (PDO) based on the standards of the Low (L) density residential designation with provisions for a cluster development. Planning Application No. PA10-0148, a General Plan Land Use map change from Very Low (VL) density residential to Low (L) density residential. Surrounding Land Uses and Setting The subject property is a vacant hillside and valley. Property to the south consists of single family residential development at a LM-Low Medium Density, while properties to the east, west and north are developed at L-Low Density. Slightly farther to the north is the future Roripaugh Ranch Specific Plan, which will contain up to 2,015 residential units. The subject property is in an area that transitions between high and low density residential developments. None Other public agencies whose approval is required 1 Vicinity Map 2 City of Temecula Community Development Planning Division Notice of Proposed Mitigated Negative Declaration PROJECT: Walcott Estates (Planning Application Nos. PA10-0145, PA10-0146, PA10- 0147 and PA10-0148 APPLICANT: Steve Galvez, Walcott Investments, LLC LOCATION: Located east of Walcott Lane, approximately 1,500 feet north of La Serena and 1,100 feet south of Calle Chapos in the City of Temecula, County of Riverside DESCRIPTION: A Tentative Tract Map (No. 36295) to subdivide 25 acres into 45 single-family cluster lots, a Residential Home Product Review for 45 lots, a Zoning Map and text change from Very Low (VL) density residential to a Planned Development Overlay (PDO), and a General Plan Land Use map change from Very Low (VL) density residential to Low (L) density residential The City of Temecula intends to adopt a Mitigated Negative Declaration for the project described above. Based upon the information contained in the Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the Planning Commission intends to adopt a Mitigated Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design and/or the Mitigation Monitoring Program which will be included as part of the Mitigated Negative Declaration for this project. The Comment Period for this proposed Mitigated Negative Declaration is August 8, 2011 to September 7, 2011. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at 41000 Main Street. The public notice of the intent to adopt this Mitigated Negative Declaration is provided through: ®The Local Newspaper ®Posting the Site ®Notice to Adjacent Property Owners If you need additional information or have any questions concerning this project, please contact Matt Peters, AICP at (951) 694-6408. Prepared by: f l‹(• (Sign.ture) (Title) (t /i — ,4s5ociuk Pktir _ 1. AESTHETICS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect on a scenic vista? X b Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? X X c d Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? X Comments: 1.a. No Impact: There are no designated scenic vistas affected by the project. The Community Design Element of the City of Temecula's General Plan identifies important scenic viewsheds to ensure that all new public and private development projects will not obstruct the public views of scenic resources. According to the General Plan exhibit on page CD -5, the subject property has not been identified as a scenic vista or viewshed. No impacts are anticipated as a result of the project. 1.b. No Impact: The project site is not located on a scenic highway. The project site is a vacant hillside and valley, however no trees, rock outcroppings or historic buildings will be affected by the proposed project. As addressed above in Section 1.a. and according to the General Plan, the project site contains no scenic vistas or viewsheds. No impact is anticipated and no mitigation measures are required. 1.c. Less Than Significant Impact: The proposed project is located on a vacant hillside and valley between Walcott Lane (2 -lane local) to the west and a future extension of Butterfield Stage Road (four -lane divided major arterial) to the east. Existing residential development is located immediately the south of the property and future Roripaugh Ranch is farther to the north. Roripaugh Ranch will eventually contain up to 2,015 residential units. The project is part of a developing valley and provides a transition between existing and future residential developments by clustering development on approximately 15 acres and preserving approximately 10 acres of open space. The open space will be adjacent to the existing residential to the south providing an adequate buffer between the existing and proposed development. The project will contain 45 single-family residential units consisting of three different floor plans and three different architectural styles, including Spanish, Tuscan and Craftsman. The homes will contain significant articulation and massing, varied rooflines and architectural specific details and materials. The project also contains significant landscaping, trails, and rural three -rail fencing with stone pilaster details. The project was designed to preserve open space and compliment surrounding residential development. A less than significant impact is anticipated as result of the project. 1.d. Less Than Significant Impact: The proposed project is currently vacant with no sources of light or glare. Future development on the project site will introduce new generators of light and glare typically associated with residential development. The City of Temecula requires all new development to comply with the Mount Palomar Lighting Ordinance (Ordinance 655). This ordinance requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. Lighting issues are addressed during the City's plan review and inspection process. A less than significant impact is anticipated as a result of the project. 4 2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Issues and Supporting Information Sources Potentially Signi icant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g1)? Result in the loss of forest land or conversion of forest land to non -forest use X X d e Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? X Comments: 2.a.c.d.e. No Impact: According to the City of Temecula General Plan, the project site does not contain and will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use. Forest and/or Timberland do not exist on the property or in the surrounding area. Property to the south contains existing single-family dwellings, while the property to the north contains a small amount of grapevines, and farther to the north there is a "pick your own" blueberry farm. However, the property is zoned VL -Very Low Density Residential and was never intended for agricultural or foresting purposes. Therefore, the construction of the project will not have any impacts to these types of farmland or forest resources. 2.b. No Impact: The project site does not have an agricultural zoning designation by the City of Temecula, and the site is not regulated by a Williamson Act contract. Consequently, there are no impacts related to this issue. 5 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than S.gnificant With Mitigation Incorporated Less Than Significant Impact No Impact a Conflict with or obstruct implementation of the applicable air quality plan? X b Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? X X X c d e Create objectionable odors affecting a substantial number of people? X Comments: 3.a.b. Less Than Significant Impact: According to the Air Quality and Greenhouse Gas Study by Entech Consulting Group, "Based on the air quality emissions modeling contained in this report, with the implementation of identified mitigation measures the air emissions associated with this proposed project would be below the applicable thresholds of significance consistent with SCAQMD's Air Quality Management Plan." The project is anticipated to have a less than significant impact. 3.c. Less Than Significant Impact: According to the Air Quality and Greenhouse Gas Study by Entech Consulting Group, "The operational impact analysis is based on cumulative traffic conditions in the project area. As shown in that analysis, the proposed project would not result in violations of the state or federal ambient air quality standards. The proposed project would be consistent with the SCAQMD's AQMP, which is the long range air quality planning document. Thus, the proposed project would have a less than significant impact on cumulative regional and local air quality." Furthermore, it is stated, "After a detailed analysis, it has been determined that no significant impacts will be created from the construction and operation of the proposed project, thus no mitigation measures are required." The project is anticipated to have a less than significant impact. 3.d. Less Than Significant Impact With Mitigation Incorporated: According to the City of Temecula General Plan, as defined in figure AQ -2 of the General Plan, there no known sensitive receptors (hospitals, schools, libraries, child care centers, and adult -assisted care facilities) that would be exposed to substantial pollutant concentrations in the immediate vicinity. The South Coast Air Quality Management District (SCAQMD), however, classifies the surrounding residences as sensitive receptors. The surrounding residences may be exposed to some pollutant concentrations on a short-term basis during construction and grading activities. With the implementation of the mitigation measures identified below, these impacts will be reduced to a less than significant level. Mitigation Measure Air Quality 1: • Water exposed surfaces three times daily but prevent tracking of mud from exiting the construction site or from reaching or entering any type of storm water conveyance system on the site 6 • Apply soil stabilizers to inactive areas. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep any site access points within 30 minutes of any visible dirt deposition on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. • Hydroseed or otherwise stabilize any cleared area which is to remain inactive for than 96 hours after clearing is completed. • Ensure that all cut and fill slopes are permanently protected from erosion. • Require the construction contractor to ensure that all construction equipment is maintained in peak working order. • Limit allowable idling to 10 minutes for trucks and heavy equipment. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt haul routed but, prevent tracking of mud from exiting the construction site or from reaching or entering any type of storm water conveyance system on the site. • Sweep access points daily. Implement erosion controls throughout the construction site 3.e. Less Than Significant Impact: Development of the project will not create any considerably objectionable odors that will affect a substantial number of people in the surrounding community. In considering the scope of the project and the fact that construction activities will occur on a temporary basis, the impact is anticipated to be less than significant. 4. BIOLOGICAL RESOURCES. Would the project? Issues and Supporting Information Sources Potentially Significant Impact Less Thar Significant With Mitigation Incorporated X Less Than Significant Impact No Impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? _ X X d e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Comments: Approximately 10 acres of the 22 acre (net) site will be permanently preserved as natural open space. No changes or modifications are proposed to the blue line stream or surrounding area. 4.a. -d. Less Than Significant With Mitigation Incorporated: The project site has the potential to contain fairy shrimp and to affect federally protected wetlands, and has the potential to contain Burrowing Owl and nesting bird habitat. Therefore, the following mitigation measures were included in the, "Biological Resource Assessment, Burrowing Owl Survey, and MSHCP Consistency Analysis Report" prepared by ECORP Consulting: Mitigation Measure Bio 1: Pool features on the site should be inspected for fairy shrimp during the rainy season. If ponds are confirmed to be capable of supporting fairy shrimp, then focused fairy shrimp surveys by a qualified biologist are recommended. Mitigation Measure Bio 2: Pursuant to MSHCP guidelines, a pre -construction survey for burrowing owl within 30 days prior to ground disturbance is required. 8 Mitigation Measure Bio 3: Pay Stephen's Kangaroo Rat fees Mitigation Measure Bio 4: Habitat clearing should avoid the migratory bird breeding season, which typically extends from March 1 to August 15. If construction is to occur during the MBTA breeding season, a nesting bird survey should be conducted by a qualified biologist. 4.e. Less Than Significant Impact: There are no trees or other biological resources that will be impacted or conflict with any policies or ordinances. A less than significant impact is anticipated. 4.f. Less Than Significant Impact: The report prepared by ECORP Consulting included an MSHCP Consistency Analysis. The project has been reviewed and includes mitigation consistent with MSHCP. As a result the project will not conflict with the provisions of the MSHCP and a less than significant impact is anticipated. 9 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d Disturb any human remains, including those interred outside of formal cemeteries? X Comments: 5.a.—d. Less Than Significant With Mitigation Incorporated: The City of Temecula General Plan does not identify the subject parcel as a sensitive archeological resource area; however the subject parcel is identified as being in a highly sensitive paleontological area. A cultural resources report on the subject property was provided by the applicant entitled "A Cultural Resources Survey of the Karen Lynn Lane Project, Temecula California" prepared by Brian F. Smith and Associates. The report concluded that no cultural or archaeological remains were found within the subject property boundaries, but recommended if any remains were exposed during development, the area should be re-evaluated by a qualified archaeologist. While the likelihood of encountering any cultural resources is low, there is potential, as with any project involving earth moving activities, to uncover unknown subsurface cultural resources. Therefore, the project will be conditioned that if, during construction, cultural resources are encountered, work should be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. In addition, mitigation has been provided below: Mitigation Measure CultRes 1: Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. Mitigation Measure CultRes 2: At least 30 days prior to beginning project construction, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Temecula and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. Mitigation Measure CultRes 3: Prior to beginning project construction, the Project Archaeologist shall file a pre -grading report with the City (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in MM 2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the appropriate Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. 10 Mitigation Measure CultRes 4: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in MM 2. Mitigation Measure CultRes 5: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. Mitigation Measure CultRes 6: All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. Mitigation Measure CultRes 7: If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. If the Developer, the project archaeologist and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or City Council. 11 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii Strong seismic ground shaking? X iii Seismic -related ground failure, including liquefaction? X iv Landslides? X b Result in substantial soil erosion or the loss of topsoil? X c Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X Comments: 6.a.i.ii.iii.c.d. Less Than Significant Impact: The subject property is not located on a fault line or fault zone. Soil liquefaction is caused by the loss of soil strength, which is a result of increased pore water pressures related to significant seismic activity. This phenomenon occurs primarily in loose to somewhat dense cohesion -less soils, which are located within a groundwater zone. When seismic shaking occurs a rearrangement of the soil particles take place, putting them into a denser condition, which results in the localized settlement, sand boils and/or flow failures. The subject property is located in a seismically active area, as is the majority of southern California. The project has been reviewed and conditioned by the Building and Safety Department to be constructed to the standards of the Uniform Building and Safety Code (UBSC). As a result, less than significant impacts are anticipated as a result of the project. 6.a.iv. Less Than Significant Impact: Landslide hazard areas are generally considered to exist when substantial slopes are located on or immediately adjacent to a subject property. There are slopes located on the project site, but none that could potentially create a hazard associated with landslides. The potential for landslides to occur at the site is considered less than significant. 6.b. Less Than Significant Impact: The site may be susceptible to soil erosion during the short-term construction activities. Short-term erosion effects during the construction phase of the project would be prevented through implementation of a Storm Water Pollution Prevention Plan (SWPPP), which is required in accordance with the Countywide National Pollutant Discharge Elimination System (NPDES) General Construction Activities Permit. The SWPPP includes standard construction methods such as sandbags, silt fencing, and temporary detention basins to control on-site and off-site erosion. Therefore, with implementation of an approved SWPPP, impacts resulting from erosion during construction would be less than significant. 6.e. No Impact: The project will not require the use of septic tanks or other wastewater disposal systems. 12 7. GREENHOUSE GAS EMISSIONS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? _ X Comments: 7.a.b. Less Than Significant Impact: An air quality and greenhouse gas study was prepared by Entech Consulting Group for this project. The report concluded that "The majority of GH emissions will result from construction activities. Temporary GH emissions are expected to occur for the duration of the construction of the proposed project. URBEMIS 2007 was utilized and emissions were estimated for each stage of the construction schedule. Draft guidance from both the South Coast Air Quality Management District (SCAQMD) and the County of San Diego Planning Department recommend amortizing construction estimates over a 30 - year period to account for their contribution to project lifetime greenhouse gas emissions. Based on the amortization over a 30 -year period, construction emissions would be estimated at 399 MT of CO2e per year, which is below the 900 MT threshold suggested by CAPCOA as a screening threshold." As a result, impacts from this project concerning greenhouse gas emissions are considered less than significant. 13 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, 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 materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X X d e 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? X f 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? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X X X g h Comments: 8.a. No Impact: The proposed project will not create a significant hazard to the public or the environment through the routine transportation, use or disposal of hazardous materials. The proposed land use is a residential development, which will not be routinely transporting, using or disposing hazardous materials. 8.b.c. No Impact: The proposed project will not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The proposed project is a residential development and will not emit hazardous materials into the environment. In addition, the project will not require the handling of hazardous or acutely hazardous materials, substances and waste within one-quarter mile of an existing or proposed school. 8.d. No Impact: The proposed project will not be located on a site which is included on a list of hazardous materials sites pursuant to Government Code Section 65962.5 and, as a result, will not create a significant hazard to the public or the environment. The California Environmental Protection Agency lists Hazardous Waste Substances Sites. The project site is not on the list, therefore no impact related to hazardous materials posing a significant hazard to the public or environment will occur. 14 8.e.f. No Impact: The project site is not located within an airport land use plan, within two miles of a public airport, or within the vicinity of a private airstrip. The project will not create or result in a safety hazard for people residing or working in the project area. No impact is anticipated. 8.g. No Impact: The proposed project is not located in an area where it will impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the project. 8.h. Less Than Significant Impact: The proposed project is not adjacent to a wildland area that would be subject to fire hazards. Future development will comply with all applicable Building and Fire Codes. A less than significant impact is anticipated as a result of the project. 15 9. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Im.act a Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water •ualit ? X b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? X X c d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f Require the preparation of a project -specific WQMP? Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X g X h Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X X i j Inundation by seiche, tsunami, or mudflow? X Comments: 9.a. Less Than Significant Impact: The project will not violate water quality standards or waste discharge requirements. The project is required to comply with all current soil erosion and national pollutant discharge elimination system standards in effect at the time of grading permit issuance. As a condition of approval for this project, the developer will be required to comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit from the State Water Quality Resources Control Board. A less than significant impact is anticipated. 9.b. Less Than Significant Impact: The project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or lowering of the local groundwater table level because the project design preserves approximately 10 acres of 16 open space containing the lowest elevations of the property and a blue line stream, which will allow for sufficient groundwater re -charging. A less than significant impact is anticipated. 9.c. Less Than Significant Impact: The project will not substantially alter the existing drainage pattern of the site or area. The blue line stream that runs through the southern half of the site will remain undisturbed and be preserved as permanent open space. In addition, through the implementation of SWPPP (Storm Water Pollution Prevention Program), erosion and siltation issues will be controlled to a less than significant impact level and this project will not result in substantial erosion or siltation on or off-site. 9.d.e.f. Less Than Significant Impact: The project would increase runoff as a result of increasing the impervious surface on the project site. The City imposes standard design criteria to detain surface runoff on the property to ensure that the maximum runoff volume from the site is not significantly increased. The project will not violate any water quality standards or waste discharge requirements established by the State of California. However, the project is required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm -Sewer Permit (MS4 Permit) issued by the Regional Water Quality Control Board (RWQCB). A preliminary plan has been submitted and conceptually accepted and the project will comply with RWQCB standards as designed. Based upon the information presented above, the project would not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Less than significant impacts are anticipated. 9.g.h. No Impact: According to the City's General Plan, the project will not involve the placement of residences or structures in a 100 -year floodplain hazard area. The project is not within an area identified on the Federal Emergency Management Agency (FEMA) maps for flooding. No significant flood hazards are expected to occur from developing the project site as proposed, therefore no impact is anticipated. 9.i. No Impact: The proposed project would not expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. The subject property is not located within a dam inundation area per the City's General Plan. No impacts are anticipated. 9.j. No Impact: Due to the project area's distance from the ocean and higher elevation, there is no potential for a tsunami. The project area is not located near a large surface water body, and there is no potential for inundation by seiche or mudflow due to the topography of the site. 17 10. LAND USE AND PLANNING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Sign ficant Impact No Impact a Physically divide an established community? X b Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c Conflict with any applicable habitat conservation plan or natural community conservation plan? X Comments: 10.a. No Impact: The project is located on vacant land that will not divide an established community. 10.b. Less Than Significant Impact: The proposed project will result in the development of 45 new single- family homes on 22 net acres. The project involves a General Plan Amendment and Zone Change to a PDO — Planned Development Overlay. The net increase resulting from the zone change from VL — Very Low Density Residential to L — Low Density Residential is 26 units, which is not considered substantial as evidenced by the results of the Traffic Impact Analysis prepared for this project, which identified less than significant impacts and no mitigation. The property is already zoned VL and was previously planned for residential development. The proposed project is designed as a cluster development to preserve open space and provide a transition between high and low-density development. The project site contains a dedicated road that is currently dirt (undeveloped) and is used as a "cut -through" by people living east of the future extension of Butterfield Stage Road. The project has residential development to the south and major roads on both sides (Walcott Lane to the west and the future extension of Butterfield Stage Road to the east) of the property. Roads and other infrastructure are available to the site and the project will not require major extensions of infrastructure that could induce substantial population growth in the area. A less than significant impact is anticipated as result of this project. 10.c. No Impact: The project is consistent with the MSHCP and will not conflict with any habitat conservation plan or natural community conservation plan (see discussion under "Biological Resources"). 18 11. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Comments: 11.a.b. No Impact: The construction of this project on the proposed site is not anticipated to result in the loss of a known mineral resource that would be of value to the region or to the residences of the State. According to the General Plan, the State Division of Mines and Geology has prepared a mineral resources report entitled Mineral Land Classification of the Temescal Valley Area, Riverside County, California, Special Report 165, which evaluated mineral deposits within the Temecula Planning Area. According to the State Geologist, the Temecula Planning Area was classified as a Mineral Resources Zone -3a (MRZ-3a), which determined that the area contains sedimentary deposits which have the potential to supply sand and gravel for concrete and crushed stone for aggregate, however these areas are not considered to contain mineral resources of significant economic value. The proposed project is not located in an area that is known to contain mineral resources. No impacts are anticipated as result of this project. 19 12. NOISE. Would the project result in: Issues and Supporting Information Sources Potential'y S'gnificant Impact Less Than Significant With Mitigation Incorporated X Less Than Significant Impact No Impact a Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 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 expose people residing or working in the project area to excessive noise levels? X X X d e f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Comments: 12.a.—d. Less Than Significant With Mitigation Incorporated: The project is anticipated to have construction, operational, and traffic noise impacts that could expose people to noise, groundborne vibration, and temporary periodic increase in ambient noise levels. To mitigate these potential impacts the following is required as identified in the Noise Impact Analysis prepared by Kunzman Associates: Mitigation Measure Noise 1 (Construction): A. The construction equipment staging and storage areas should be located as far from the residential uses as possible. B. All construction equipment should be properly maintained with operating mufflers and air intake silencers as effective as those installed by the original manufacturer. C. All construction activities should only take place between 7:00 a.m. to 6:30 p.m., Monday through Saturday. No construction should take place on Sundays or nationally recognized holidays. D. The contractor shall be restricted from playing loud music in the open construction area. E. For the duration of construction activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign should be posted at the project site with the contact phone number. F. Residents living within 1,000 feet from the existing property line should be provided with a construction schedule. A timely notification should accompany any major changes to this schedule. 20 G. Additional noise attenuation methods should be utilized to reduce noise levels as much as possible. These methods include, but are not limited to, the use of sound blankets and the construction of temporary sound barriers between active construction areas and sensitive receptors. Any such barriers should be constructed as close to the sensitive receptor as possible to achieve the greatest attenuation effect. Mitigation Measure Noise 2 (Operational): A. In order to keep the nearest sensitive receptor from experiencing noise levels in excess of 65 dBA, the proposed lift station must be constructed so that noise levels do not exceed 78 dBA at a distance of 10 feet. Mitigation Measure Noise 3 (Traffic): Buildout traffic volumes will result in noise levels that exceed City standards at the proposed single-family detached dwelling units. The following mitigation will be necessary to reduce exterior and interior noise levels to an acceptable range. A. Exterior - A noise barrier shall be built along the eastern edge of the property along Butterfield Stage Road consistent with Figure 6 of the Kunzman Associates "Noise Impact Analysis" dated September, 2010, on file with the City of Temecula Planning Department. B. Interior - All homes should implement mitigation measures to provide mechanical ventilation, double - paned glass, and solid core doors with weather stripping and seals. The homes proposed within 300 feet along Butterfield Stage Road will require further attenuation, which includes stucco or brick exterior siding with half inch thick fiberboard underlayer and interior and exterior walls should be attached by resilient channels or have double walls, and that exterior construction materials have a sound transmission class of 30 or greater. 12.e.f. No Impact: The project site is not located within an airport land use plan, within two miles of a public airport, or within the vicinity of a private airstrip. The project will not expose people residing or working in the project area to excessive noise levels. No impact is anticipated. 21 13. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact X a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? _ Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? b c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Comments: 13.a. Less Than Significant Impact: The proposed project will result in the development of 45 new single- family homes on 22 net acres. The project involves a General Plan Amendment and Zone Change to a PDO — Planned Development Overlay. The net increase resulting from the zone change from VL — Very Low Density Residential to L — Low Density Residential is 26 units, which is not considered substantial as evidenced by the results of the Traffic Impact Analysis prepared for this project, which identified less than significant impacts and no mitigation. The property is already zoned VL and was previously planned for residential development. The proposed project is designed as a cluster development to preserve open space and provide a transition between high and low-density development. The project site contains a dedicated road that is currently dirt (undeveloped) and is used as a "cut -through" by people living east of the future extension of Butterfield Stage Road. The project has residential development to the south and major roads on both sides (Walcott Lane to the west and the future extension of Butterfield Stage Road to the east) of the property. Roads and other infrastructure are available to the site and the project will not require major extensions of infrastructure that could induce substantial population growth in the area. A less than significant impact is anticipated as result of this project. 13.b.c. No Impact: The proposed project site is currently vacant and will not displace housing or people necessitating the need for replacement housing elsewhere. A less than significant impact is anticipated as a result of this project. 22 14. PUBLIC SERVICES. Issues and Supporting Information Sources Potentially Sign,ficant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? X X Schools? X Parks? X Other public facilities? X Comments: 14.a. Less Than Significant Impact: The proposed project will add a total of 45 single family residences to the community that will have a very minor (less than significant) impact upon, or result in a need for new or altered fire, police, school, recreation, or other public facilities. Development of this site was previously analyzed and anticipated in the Final Environmental Impact Report that was prepared for the City of Temecula General Plan. The General Plan Amendment and Zone Change from L -Low Density to VL -Very Low Density will incrementally increase the need for some public services. However, this increase is considered a very small increment that can be addressed when the project is required to contribute its fair share to public services through the City's Development Impact Fees (DIF). In addition, the project was reviewed and conditioned by the Police and Fire Departments in order to ensure adequate facilities, acceptable service ratios and response times. A significant portion of the project, approximately 10 acres will be preserved as open space, and the remaining developed portion will contain trails that can provide linkages to existing and future development in the area. Therefore, no new public parks will be required. The incremental effect on schools will be reduced through the payment of applicable school fees at the time the project is developed. A less than significant impact is anticipated as a result of this project. 23 15. RECREATION. Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? X Comments: 15.a. Less Than Significant Impact: The proposed project will have a less than significant impact on the existing recreational opportunities and existing parks since the proposed project will create approximately 10 acres of open space and provide trails that will link the development to Walcott Lane and Butterfield Stage and beyond. In addition, the City owns and maintains 38 parks, and has two recreation centers, an outdoor amphitheater, a gymnasium, two swimming pools, a senior center, the Temecula Museum and Children's Museum. The proposed development may slightly increase the use of the existing parks or other recreational facilities in the area, however the demand will not increase significantly as a result of the project. The proposed project would not directly increase or result in the substantial deterioration of the existing park and recreational facilities. It is anticipated that the proposed project will have a less than significant impact. 15.b. No Impact: The project includes the preservation of approximately 10 acres of open space and the creation of community trails that will link the development to a future multi -use trail along Walcott Lane and provide a link to a sidewalk along the future extension of Butterfield Stage Road. In addition, the preservation of open space will ensure that the project will not have an adverse physical effect on the environment. No impacts are anticipated as a result of this project. 24 16. TRANSPORTATION/TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Sigrsficant Impact X No Impact a Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? b Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X X c d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e Result in inadequate emergency access? X f Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Comments: 16.a.b. Less Than Significant Impact: According to the Traffic Impact Analysis (TIA) prepared by VA Consulting for the project, "The proposed rezoning would result in a net increase of 383 vehicle trips per day, with 30 and 40 net trips respectively, in the a.m. and p.m. peak hours. The resulting traffic from this development has little to no impact on predicted Year 2013 and General Plan Buildout level of service at intersections surrounding the project based on an analysis that combined project peak hour volumes with forecasted volumes." Furthermore, the TIA states, "There are no concerns regarding on-site circulation associated with the proposed project. The project access roadways are appropriately sized and configured for the project volumes and designed in accordance with applicable agency standards. The project access location along Walcott Lane does not satisfy warrants for signalization with either Year 2013 or General Plan Buildout conditions and will operate at LOS B or better with stop -control on the project approach." It is anticipated that the proposed project will have a less than significant impact. 16.c. No Impact: The proposed project will not have an impact on air traffic patterns and will not result in a substantial safety risk. The project is not within with the French Valley Comprehensive Land Use Plan, nor is the project within the vicinity of a private airstrip. No impact is anticipated. 16.d.e.f. No Impact: The proposed project will not result in hazards to safety from design features. The project is designed to current City standards and does not propose any hazards. The proposed project provides for adequate ingress and egress from the site. The Fire and Police Departments have reviewed and approved he emergency access only to Butterfield Stage Road, and on-site circulation. The proposed project will not conflict with adopted plans, policies, or programs regarding public transit, bicycle, or pedestrian 25 facilities or otherwise decrease the performance or safety of such facilities. No impact is anticipated as a result of the proposed project. 26 17. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g Comply with federal, state, and local statutes and regulations related to solid waste? X Comments: 17.a.b.d e. Less Than Significant Impact: The proposed project will not exceed applicable wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will meet all Regional Water Quality Control Board standards. The Riverside County Department of Environmental Health has reviewed the proposal and indicated that sanitary sewer and potable water are available in this area. The project is anticipated to have a less than significant impact. 17.c. Less Than Significant Impact: It is not anticipated that the project will create a significant amount of storm water runoff to require or result in the expansion of existing facilities, the construction of which could cause significant environmental effects. A Water Quality Management Plan (WQMP) was prepared and has been conceptually accepted and conditioned for approval by the City's WQMP Engineer. The project is anticipated to have a less than significant impact. 17.f.g. Less Than Significant Impact: The project will not result in the need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project. 27 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Impact Incorporated X Impact X X Impact a b Does the project have impacts that are individually limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? c Comments: 18.a. Less Than Significant With Mitigation Incorporated: As discussed in the sections above, the project would involve the construction and development of 45 new single-family homes on 22 net acres and would not significantly reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or eliminate important examples of the major periods of California history prehistory. According to the Biological Resource Assessment, Burrowing Owl Survey, and MSHCP Consistency Analysis for Walcott Estates report prepared by ECORP Consulting, Inc., the project site supports several areas where water appears to temporarily pond, and these habitat features have a potential to support fairy shrimp. Thus, the report concludes that there is a potential to reduce the number or restrict the range of a rare or endangered plant or animal. As such, mitigation is required to conduct surveys during the rainy season. These surveys have since been conducted and documented in a report by Natural Resources Assessment, Inc. The report concludes that no suitable on-site conditions for vernal pools were observed and therefore no fairy shrimp, which could reduce the number or restrict the range of a rare or endangered plant or animal community. 18.b. Less Than Significant Impact: No significant cumulative impacts have been identified with the implementation of the proposed project. 18.c. Less Than Significant Impact: No substantial environmental effects that would cause adverse effects on human beings have been identified. 28 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where they are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 19.a. The City's General Plan, Final Environmental Impact Report and the City of Temecula's Geographic Information System (GIS) Map Sets were used as a referenced source in preparing the Initial Study for this project. The City's General Plan and Final Environmental Impact Report are available for review at the City of Temecula Planning Department located at 41000 Main Street in Temecula. The GIS Map Sets are available online at www.cityoftemecula.orq. 19.b. There were no impacts that were previously addressed by mitigation measures based on an earlier analysis. 19.c. See attached Mitigation Monitoring Program. SOURCES 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report 3. South Coast Air Quality Management District CEQA Air Quality Handbook 4. Jurisdictional Delineation for TT32780 in the City of Temecula, Thomas Olsen Associates, Inc. April 2006 5. Preliminary Geotechnical Evaluation for Propsed 22 -Acre Residential Development, Walcott Lane, March 2004 6. A Cultural Resources Survey of the Karen Lynn Lane Project in Temecula, Brian F. Smith and Associates, August 2004 7. Traffic Impact Analysis for Walcott Estates, Tentative Tract No. 36295, VA Consulting, Inc., May 2011 8. Air Quality and Greenhouse Gas Study, Walcott Estates Development, Entech Consulting Group, January 2011 9. Noise Impact Analysis, Walcott Estates, Kunzman Associates, September 2010 10. Biological Resource Assessment, Burrowing Owl Survey, and MSHCP Consistency Analysis for Walcott Estates, ECORP Consulting, Inc. February 2011 29 MITIGATION MONITORING PROGRAM PLANNING APPLICATION NO. PA10-0145, DEVELOPMENT PLAN, WALCOTT ESTATES MITIGATION MONITORING AND REPORTING PROGRAM General Impact Mitigation Measure Time Frame / Monitoring Milestones Responsible Monitoring Party AIR QUALITY Short-term cumulative impacts to air quality due to construction • Water exposed surfaces three times daily but prevent tracking of mud from exiting the construction site or from reaching or entering any type of storm water conveyance system on the site • Apply soil stabilizers to inactive areas. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep any site access points within 30 minutes of any visible dirt deposition on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. • Hydroseed or otherwise stabilize any cleared area which is to remain inactive for than 96 hours after clearing is completed. • Ensure that all cut and fill slopes are permanently protected from erosion. • Require the construction contractor to ensure that all construction equipment is maintained in peak working order. • Limit allowable idling to 10 minutes for trucks and heavy equipment. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt haul routed but, prevent tracking of mud from exiting the construction site or from reaching or entering any type of storm water conveyance system on the site. • Sweep access points daily. • Implement erosion controls throughout the construction site During grading and construction activities. City of Temecula Planning and Public Works Departments. G:\PLANNING\2010\PAI0-0145 Walcott Estates TTM\Planning\I CEQA\Mitigation Monitoring Program.doc General Impact BIOLOGICAL RESOURCES It has been determined that the project site has the potential to contain fairy shrimp, Burrowing Owl and the habitats of other nesting birds MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure • Pool features on the site should be inspected for fairy shrimp during the rainy season. If ponds are confirmed to be capable of supporting fairy shrimp, then focused fairy shrimp surveys by a qualified biologist are recommended. • Pursuant to MSHCP guidelines, a pre - construction survey for burrowing owl within 30 days prior to ground disturbance. • Pay Stephen's Kangaroo Rat fees. • Habitat clearing should avoid the migratory bird breeding season, which typically extends from March 1 to August 15. If construction is to occur during the MBTA breeding season, a nesting bird survey should be conducted by a qualified biologist. Time Frame / Monitoring Milestones Prior to issuance of grading permits and during grading and construction activities. Responsible Monitoring Party City of Temecula Planning and Public Works Departments. G:\PLANNING\2010\PA10-0145 Walcott Estates TTM \Planning\ 1 CEQA\Mitigation Monitoring Program.doc MITIGATION MONITORING AND REPORTING PROGRAM General Impact Mitigation Measure Time Frame / Monitoring Milestones Responsible Monitoring Party CULTURAL RESOURCES Potential to impact historic, cultural or paleontological resources Mitigation Measure CultRes 1: Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. Mitigation Measure CultRes 2: At least 30 days prior to beginning project construction, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Temecula and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. Prior to issuance of grading permits and during grading and construction activities. City of Temecula Planning and Public Works Departments G:\PLANNING\2010\PA10-0145 Walcott Estates TTM\Planning\1 CEQA\Mitigation Monitoring Program.doc MITIGATION MONITORING AND REPORTING PROGRAM General Impact Mitigation Measure Time Frame / Monitoring Milestones Responsible Monitoring Party CULTURAL RESOURCES Potential to impact historic, cultural or paleontological resources Mitigation Measure CultRes 3: Prior to beginning project construction, the Project Archaeologist shall file a pre -grading report with the City (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in MM 2, the archaeological monitors authority to stop and redirect grading will be exercised in consultation with the appropriate Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. Prior to issuance of grading permits and during grading and construction activities. City of Temecula Planning and Public Works Departments G:\PLANNING\20101PA 10-0145 Walcott Estates TTM\Planning\1 CEQA\Mitigation Monitoring Prograrn.doc MITIGATION MONITORING AND REPORTING PROGRAM General Impact Mitigation Measure Time Frame / Monitoring Milestones Responsible Monitoring Party CULTURAL RESOURCES Potential to impact historic, cultural or paleontological resources Mitigation Measure CultRes 4: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in MM 2. Mitigation Measure CultRes 5: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. Prior to issuance of grading permits and during grading and construction activities. Mitigation Measure CultRes 6: All sacred sites, should they be encound ntered within the�pnprojpectp�farepa, �7sahalll be avoided cA LANNINL"Rri1)CYil10=U145tncoRriL,,fiTtrr Fkr, t:iititribiliePQA\lVtitigation Monitoring Pmgrtm.doc feasible. City of Temecula Planning and Public Works Departments MITIGATION MONITORING AND REPORTING PROGRAM General Impact Mitigation Measure Time Frame / Monitoring Milestones Responsible Monitoring Party CULTURAL RESOURCES Potential to impact historic, cultural or paleontological resources Mitigation Measure CultRes 7: If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. If the Developer, the project archaeologist and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or City Council. Prior to issuance of grading permits and during grading and construction activities. City of Temecula Planning and Public Works Departments G:\PLANNING\2010\PA10-0145 Walcott Estates TTM \Planning\ 1 CEQA\Mitigation Monitoring Program.doc MITIGATION MONITORING AND REPORTING PROGRAM General Impact Mitigation Measure Time Frame / Monitoring Milestones Responsible Monitoring Party NOISE Potential construction, operational, and traffic noise impacts that could expose people to noise, ground borne vibration, and temporary periodic increase in ambient noise levels. • The construction equipment staging and storage areas should be located as far from the residential uses as possible. • All construction equipment should be properly maintained with operating mufflers and air intake silencers as effective as those installed by the original manufacturer. • All construction activities should only take place between 7:00 a.m. to 6:30 p.m., Monday through Saturday. No construction should take place on Sundays or nationally recognized holidays. • The contractor shall be restricted from playing loud music in the open construction area. • For the duration of construction activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign should be posted at the project site with the contact phone number. • Residents living within 1,000 feet from the existing property line should be provided with a construction schedule. A timely notification should accompany any major changes to this schedule. • Additional noise attenuation methods should be utilized to reduce noise levels as much as possible. These methods include, but are not limited to, the use of sound blankets and the construction of temporary sound barriers between active construction areas and sensitive receptors. Any such barriers should be constructed as close to the sensitive receptor as possible to achieve the greatest attenuation effect. • In order to keep the nearest sensitive receptor from Prior to issuance of building permits for walls and fences and prior to occupancy of units. City of Temecula Planning and Public Works Departments. G:IPLANNING120101PAI0-0145 Walcott Estates TTM\Planningll CEQA\Mitigation Monitoring Prograrn.doc experiencing noise levels in excess of 65 dBA, the proposed lift station must be constructed so that noise levels do not exceed 78 dBA at a distance of 10 feet. • Exterior - A noise barrier shall be built along the eastern edge of the property along Butterfield Stage Road consistent with Figure 6 of the Kunzman Associates "Noise Impact Analysis" dated September, 2010, on file with the City of Temecula Planning Department. • Interior - All homes should implement mitigation measures to provide mechanical ventilation, double -paned glass, and solid core doors with weather stripping and seals. The homes proposed within 300 feet along Butterfield Stage Road will require further attenuation, which includes stucco or brick exterior siding with half inch thick fiberboard underlayer and interior and exterior walls should be attached by resilient channels or have double walls, and that exterior construction materials have a sound transmission class of 30 or greater. G:\PLANNING\2010\PA10-0145 Walcott Estates TTM\Planning\1 CEQA\Mitigation Monitoring Program.doc South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar. CA 91765-4182 (909) 396-2000 • www.agmd.gov E-MAILED• SEPTEMBER 7, 2011 September 7, 2011 Mr. Matt Peters, Associate Planner matt.peters(d cityoftemecula.org Planning Division City of Temecula P.O. Box 9033Road 43200 Business Park Drive Temecula, CA 92589-9033 Draft Mitigated Negative Declaration (Draft MND) for the Proposed Walcott Estates Project (Tentative Tract Map No. 36295) The South Coast Air Quality Management District (SCAQMD) appreciates the opportunity to comment on the above-mentioned document. The following comments are meant as guidance for the Lead Agency and should be incorporated into the Final Mitigated Negative Declaration. In the project description, the lead agency proposes to subdivide 25 acres into 45 single- family residential lots. Surrounding uses include sensitive receptors (i.e., single-family residences) adjacent to the proposed project site to the south. The AQMD staff requests that summary information included in any technical appendices also be included in the Final Draft MND to document the lead agency's findings. The AQMD staff also notes that the lead agency's computer modeling estimates for mitigated construction emission impacts may be underestimated due to a known computer error in the URBEMIS model. Further, the lead agency should estimate project localized construction air quality impacts in order to demonstrate that localized impacts to the existing sensitive receptors located just south of the proposed project site are less than significant Finally, the AQMD staff recommends changes to the construction mitigation measures proposed on page seven of the Draft MND and additional measures to further reduce PM10 fugitive dust from construction activities. Detailed comments are included as an attachment to this letter. Please provide the AQMD with written responses to all comments contained herein prior to the adoption of the Final MND. The SCAQMD staff would is available to work with the Lead Agency to address these issues and any other air quality questions that may arise. Please contact Gordon Mize, Air Quality Specialist — CEQA Section, at (909) 396- 3302, if you have any questions regarding these comments. Sincerely, Mr. Matt Peters, 1 September 7, 2011 Associate Planner ,/ v. 0. Az Ian MacMillan Program Supervisor, Inter -Governmental Review Planning, Rule Development & Area Sources Attachment IM:GM RVC110810-06 Control Number Mr. Matt Peters, 2 September 7, 2011 Associate Planner Air Quality Analysis 1. In the Air Quality Section on page six of the Draft MND, the lead agency has determined that project air quality impacts would be less than significant with mitigation referring to the "Air Quality and Greenhouse Gas Study" (AQ Study) (Entech Consulting Group, January 2011). Upon request, the AQ Study was sent by the lead agency to the AQMD staff for review. In accordance with CEQA Guidelines § 15150(c), the AQMD staff recommends that a summary of the information from the referenced document be included in the Final MND. Summary information should also be included in future CEQA documents as well. At minimum, the projected emission estimates could be shown in a table, described in the narration or included as an appendix. Fugitive Dust Emissions From Construction Activities 2. In the AQ Study, the lead agency also estimated project construction and operational air quality impacts using the California Air Resources Board's (CARB) URBEMIS2007 land use computer model. The URBEMIS2007 model outputs presented in the AQ Study include a variety of mitigation measures to control fugitive dust, including many identified on page seven of the Draft MND. Due to a known calculation error within the URBEMIS2007 model, applying all mitigation measures results in an error resulting in higher dust control efficiencies than may be achievable in practice (e.g., about 77% for this project). In order to correct this error, AQMD staff recommends that the lead agency only include the single highest control measure in the URBEMIS model run. Depending on each project, this would be either the application of water three times per day or chemical suppressants. The higher resultant PMIO emissions may exceed AQMD's regional or localized thresholds. Localized Impacts 3. In the AQ Study, the lead agency estimated project impacts for regional and greenhouse air quality construction and operational activities but did not estimate localized construction or operational air quality impacts.2 It is noted under surrounding land uses on page one and in an aerial map inspection that the proposed project is located adjacent to sensitive receptors (residential properties) south of the proposed project site. It appears from the URBEMIS2007 output sheets that localized construction activities could have significant air quality impacts to these sensitive receptors. Therefore, the SCAQMD requests that the lead agency evaluate localized air quality impacts to ensure that any nearby sensitive receptors are not adversely affected by the construction activities that are occurring in close proximity. Should the lead agency conclude after its analyses that construction localized air quality impacts exceed the AQMD daily significance thresholds, staff has compiled mitigation measures in addition to those measures listed on page seven of the Draft www.aamd.eov/ceaa/models.html 2 http://www.aamd.Qov/ceaa/handbook/LST/LST.htmi Mr. Matt Peters, 3 September 7, 2011 Associate Planner MND that can be implemented if the air quality impacts are determined to be significant. 3 Construction Mitigation Measures 4. In the event that the lead agency determines that construction air quality impacts (see comments #2 and #3) are significant for PM10 fugitive dust, the lead agency should consider the following changes and addition to the mitigation measures listed on page seven of the Draft MND to further reduce project PM10 impacts, if applicable and feasible: Recommended changes: • Apply non-toxic soil stabilizers according to manufacturers' specifications to inactive areas (previously graded areas inactive for ten days or more). • Sweep site access points within 30 minutes of any visible dirt deposition on any public roadway (recommend water sweepers with reclaimed water). • Limit allowable idling to -1-05 minutes or less for trucks and heavy equipment. • Suspend all excavating and grading operations eitantutiptive&surfeee if winds gusts (as instantaneous gusts) exceed 25 mph. • Wet down or cover dirt haul routes with paving or gravel to prevent tracking of mud from exiting the construction site or from reaching or entering any type of storm water conveyance system on the site. Install wheel washers where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip. Recommended addition: • Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation. 3 http://www.agmd.govlcegahandbook/tnitixation/MM intro.html Matt Peters From: Anna Hoover [ahoover@pechanga-nsn.gov] Sent: Tuesday, September 06, 2011 3:33 PM To: Matt Peters Cc: Marcy Hernandez Subject: Walcott Estates Mr. Peters, These comments are written on behalf of the Pechanga Band of Luiseno Indians (hereinafter, "the Tribe"), a federally recognized Indian tribe and sovereign government. The Tribe formally requests, pursuant to Public Resources Code §21092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). Please add the Tribe to your distribution list(s) for public notices and circulation of all documents, including environmental review documents, archeological reports, and all documents pertaining to this Project. The Tribe further requests to be directly notified of all public hearings and scheduled approvals concerning this Project. Please incorporate these comments into the record of approval for this Project as well. Based upon the information in the Mitigated Negative Declaration and via our telephone conversation this afternoon regarding the proposed grading that the Project will require, the Tribe has concerns that cultural resources may be present subsurface. Although the Project area has had some surface disturbances, most of the Project still contains intact soils. Based upon the previously recorded cultural resources in the vicinity as well as our previous monitoring experience on the Roripaugh Ranch Project and the Butterfield Stage Road improvements, the likelihood of uncovering cultural resources is high. Therefore, we are requesting that a Riverside County qualified archaeologist and a professional Pechanga Tribe monitor be present during all earthmoving activities associated with the Project, including off-site improvements. The Tribe believes that adequate cultural resources assessments and management must always include a component which addresses inadvertent discoveries. Every major State and Federal law dealing with cultural resources includes provisions addressing inadvertent discoveries (See e.g.: CEQA (Cal. Pub. Resources Code §21083.2(i); 14 CCR §1506a.5(f)); Section 106 (36 CFR §800.13); NAGPRA (43 CFR §10.4). Moreover, most state and federal agencies have guidelines or provisions for addressing inadvertent discoveries (See e.g.: FHWA, Section 4(f) Regulations - 771.135(g); CALTRANS, Standard Environmental Reference - 5-10.2 and 5- 10.3). Because of the extensive presence of the Tribe's ancestors within the Project area, it is not unreasonable to expect to find vestiges of that presence. Such cultural resources and artifacts are significant to the Tribe as they are reminders of their ancestors. Moreover, the Tribe is expected to protect and assure that all cultural sites of its ancestors are appropriately treated in a respectful manner. Therefore, as noted previously, it is crucial to adequately address the potential for inadvertent discoveries. The CEQA Guidelines state that lead agencies should make provisions for inadvertent discoveries of cultural resources (CEQA Guidelines §15064.5). As such, it is the position of the Pechanga Tribe that an agreement specifying appropriate treatment of inadvertent discoveries of cultural resources be executed between the Project Applicant/Developer and the Pechanga Tribe. Additionally, the Pechanga Tribe believes that if human remains are discovered, State law would apply and the mitigation measures for the permit must account for this. According to the California Public Resources Code, § 5097.98, if Native American human remains are discovered, the Native American Heritage Commission must name a "most likely descendant," who shall he consulted as to the appropriate disposition of the remains. While the City has included a human remains mitigation measure, it is much abbreviated. Below is a suggested measure that will ensure that State law is accurately complied with and the City, the Grading Contractor(s) and Tribe are provided adequate provision. Additionally, given the Project's location in Pechanga territory, the Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or items discovered in the course of this Project. At this time, the Tribe requests that the City of Temecula remove the existing Mitigation Measure CultRes 1 and 2 and replace them with the following mitigation measures in its environmental assessment documents: MM 1 Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. MM 2 At least 30 days prior to beginning project construction, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Temecula and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. MM 3 Prior to beginning project construction, the Project Archaeologist shall file a pre -grading report with the City (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in MM 2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the appropriate Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. MM 4 If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in MM 2. MM 5 The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. MM 6 All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. 2 MM 7 If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. If the Developer, the project archaeologist and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or City Council. The Pechanga Tribe looks forward to working together with the City of Temecula in protecting the invaluable Pechanga cultural resources found in the Project area. Please contact me at 951-770-8104 if you have had questions or concerns regarding these comments. Thank you. Sincerely, Anna M. N Dover Cultural Analyst reciting, jani of Lusen0 Mlssl0n inila115 ro.5ox2I87 Temecula, CA 92?9j a 5 I -770..8 1 04 (0) 9j I -s94 -044o (�) Q5I-757-ol59 u akoover@pe ckanRa-nsn.40, 3 Califomia Natural Resources Agency DEPARTMENT OF FISH AND GAME http://www.dfq.ca.qov Inland Deserts Region 3602 Inland Empire Blvd., Suite C-200 Ontario, CA 91764 (909) 484-0167 September 13, 2011 Mr. Matt Peters City of Temecula P.O. Box 9033 Riverside, CA 92589-9033 EDMUND G. BROWN, JR., Govemor Charlton H. Bonham , Director geeei tor •,-- ey SEP 142011 Subject: Mitigated Negative Declaration for the Walcott Estates Project Riverside County -- SCH # 2011081016 Dear Mr. Peters: The Department of Fish and Game (Department) appreciates this opportunity to comment on the Mitigated Negative Declaration (MND) for the Walcott Estates Project. The Department is responding as a Trustee Agency for fish and wildlife resources [Fish and Game Code sections 711.7 and 1802 and the California Environmental Quality Act Guidelines (CEQA) section 15386] and as a Responsible Agency regarding any discretionary actions (CEQA Guidelines section 15381), such as a Lake and Streambed Alteration Agreement (Section 1600 et seq.). The Department is responsible for ensuring appropriate conservation of fish and wildlife resources including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act, and administers the Natural Community Conservation Plan Program (NCCP). On June 22, 2004, the Department issued Natural Community Conservation Plan Approval and Take Authorization for the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) per Section 2800, et seq., of the California Fish and Game Code. The proposed project is Tentative Tract Map 36295 to subdivide 25 acres into 45 single- family cluster lots. Ten acres of the site will be conserved as permanent open space for the on-site stream. The site is located east of Walcott Lane, approximately 1,500 feet north of La Serena and 1,100 feet south of Calle Chapos in the City of Temecula, County of Riverside. To the south is single-family development and to the north the Roripaugh Ranch Specific Plan. To the east is the proposed extension of Butterfield Stage Road. MSHCP The proposed project occurs within the MSHCP and is subject to the provisions and policies of the MSHCP. The City of Temecula is signatory to the Implementing Agreement and is a Permittee of the MSHCP. Participants in the MSHCP are issued take authorization for covered species. The MSHCP establishes a multiple species conservation program to minimize and mitigate habitat loss and the incidental take of Conserving California's Wifilife Since 1870 Mitigated Negative Declaration — Walcott Estates Development City of Temecula, County of Riverside -- SCH #2011081016 Page 2 of 4 covered species in association with activities covered under the permit. In order to be considered a covered activity, Permittees must demonstrate that proposed actions are consistent with the MSHCP and its associated Implementing Agreement. Compliance with approved habitat plans, such as the MSHCP, is discussed in the California Environmental Quality Act (CEQA) Section 15125(d) of the Guidelines for the implementation of the CEQA requires that an environmental impact report (EIR) discuss any inconsistencies between a proposed project and applicable general plans and regional plans, including habitat conservation plans and natural community conservation plans. MSHCP policies and procedures apply to the proposed project such as the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools policy (MSHCP section 6.1.2 pp 6-20; "Riparian/Riverine and Vernal Pool Policy"). A) Special Survey Areas — The site is located in the survey area for burrowing owl. Protocol surveys were conducted in August 2010, but no animals were found. There were, however, burrows on the site and a pre -construction survey is required. B) Riparian/Riverine and Vernal Pool Policy The project contains a jurisdictional stream and has the potential to have vernal pools and fairy shrimp. The MND does not indicate whether a jurisdictional delineation was conducted for the project site. Vernal pool surveys were not conducted at the time of this submittal and will have to be conducted during the rainy season (see Section 6.1.2, for the requirements of the Riparian/Riverine and Vernal Pool Policy). Because this information was not contained in the MND, the results of vernal pool surveys will have to be transmitted to the Department of Fish and Game (Robin Maloney-Rames, ES) for analysis. Depending upon the information obtained during vernal pool surveys, additional CEQA processing may be required. Proposed mitigation The applicant is proposing to conduct vernal pool surveys and pre -construction burrowing owl surveys. Department Concerns In order to adequately assess the proposed project, the Department needs the following information: 1) results of vernal pool studies and any mitigation required, 2) results of pre - construction burrowing owl surveys, 3) a map showing the proposed 10 acres of riparian conservation and a statement as to who will hold the easement or fee title, and 4) a State waters wetland jurisdictional delineation. Lake and Streambed Alteration Agreement Neither the mitigated negative declaration nor the MSHCP Consistency Analysis showed the location of potential vernal pools or included a jurisdictional delineation or Mitigated Negative Declaration — Walcott Estates Development City of Temecula, County of Riverside -- SCH #2011081016 Page 3 of 4 graphic showing the proposed 10 acres of land to be conserved for the on-site stream. Therefore, the Department does not have the information necessary to determine whether the project will or will not impact State jurisdictional waters. In the event that the project does impact State jurisdictional waters, a 1600 Lake and Streambed Alteration Agreement Notification will be required. Streambed Alteration Agreement Although the proposed project is within the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) and could be subject to Section 6.1.2, Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools, a Lake and Streambed Alteration Agreement Notification is still required by the Department should the site contain jurisdictional waters. Additionally, the Department's criteria for determining the presence of jurisdictional waters are more comprehensive than the MSHCP criteria in Section 6.1.2. Any mitigation measures required by the resource protection policies of the MSHCP should be included in the CEQA document. The Department recommends submitting a notification early on, since modification of the proposed project may be required to avoid or reduce impacts to fish and wildlife resources. To obtain a Streambed Alteration Agreement notification package, please go to http://www.dfg.ca.gov/habcon/1600/forms.html. If the CEQA documents do not fully identify potential impacts to lakes, streams, and associated resources and provide adequate avoidance, mitigation, monitoring, funding sources, a habitat management plan and reporting commitments, additional CEQA documentation will be required prior to execution (signing) of the Agreement. In order to avoid delays or repetition of the CEQA process, potential impacts to a stream or lake, as well as avoidance and mitigation measures need to be discussed within this CEQA document. Permit negotiations conducted after and outside of the CEQA process are not CEQA-compliant because they deprive the public and agencies of their right to know what project impacts are and how they are being mitigated (CEQA Section 15002). The Department opposes the elimination of ephemeral, intermittent and perennial stream channels, lakes and their associated habitats. The Department recommends avoiding the stream and riparian habitat to the greatest extent possible. Any unavoidable impacts need to be compensated with the creation and/or restoration of in-kind habitat either on-site or off- site at a minimum 3:1 replacement -to -impact ratio, depending on the impacts and proposed mitigation. Additional mitigation requirements through the Department's Streambed Alteration Agreement process may be required depending on the quality of habitat impacted, proposed mitigation, project design, and other factors. The following information will be required for the processing of a Streambed Alteration Agreement and the Department recommends incorporating this information to avoid subsequent CEQA documentation and project delays: 1) Delineation of lakes, streams, and associated habitat that will be temporarily and/or permanently impacted by the proposed project (include an estimate of impact to each habitat type); 2) Discussion of avoidance measures to reduce project impacts; and, Mitiy ted Negative Declaration — Walcott Estates Development City of Temecula, County of Riverside — SCH #2011081016 Page 4 of 4 3) Discussion of potential mitigation measures required to reduce the project impacts to a level of insignificance. Please refer to section 15370 of the CEQA guidelines for the definition of mitigation. If the project does not include the criteria listed above, the Department believes that it cannot fulfill its obligations as a Trustee and Responsible Agency for fish and wildlife resources. The Department recommends submitting a notification early on, since modification of the proposed project may be required to avoid or reduce impacts to fish and wildlife resources. To obtain a Streambed Alteration Agreement notification package, please call (562) 430- 7924. The following information will be required for the processing of a Streambed Alteration Agreement and the Department recommends incorporating this information to avoid subsequent CEQA documentation and project delays: 1) Delineation of lakes, streams, and associated habitat that will be temporarily and/or permanently impacted by the proposed project (include an estimate of impact to each habitat type); 2) Discussion of avoidance measures to reduce project impacts; and, 3) Discussion of potential mitigation measures required to reduce the project impacts to a level of insignificance. Please refer to section 15370 of the CEQA guidelines for the definition of mitigation. In the absence of specific mitigation measures in the CEQA documents, the Department believes that it cannot fulfill its obligations as a Trustee and Responsible Agency for fish and wildlife resources. Permit negotiations conducted after and outside of the CEQA process deprive the public of its rights to know what project impacts are and how they are being mitigated in violation of CEQA Section 15002. Also, because mitigation to offset the impacts was not identified in the CEQA document, the Department does not believe that the Lead Agency can make the determination that impacts to jurisdictional drainages and/or riparian habitat are "less than significant" without knowing what the specific impacts and mitigation measures are that will reduce those impacts. In summary, we believe the MND is inadequate in describing project related impacts, demonstrating consistency with the MSHCP, and identifying appropriate mitigation for purposes of CEQA. We recommend that the MND be revised to address the Department's concerns. We appreciate the opportunity to comment on the referenced DEIR. If you should have any questions pertaining to these comments, please contact Robin Maloney-Rames, Environmental Scientist at (909) 980-3818. Sincerely, dt nvironmental Scientist ENTECH CONSULTING GROUP Technical Memorandum Response to Comments for Walcott Estates in City of Temecula DATE: September 20, 2011 PREPARED FOR: City of Temecula PREPARED BY: Entech Consulting Group Comment 2: In lieu of a specific construction schedule for the Walcott Estates project, a recent study that was performed for the Brasada Residential project in Nov. 2010 was initially utilize to develop a general construction schedule of typical activities for residential developments and mitigation measures likely to be employed for the Walcott Estates project. Although the Brasada project was a significantly larger residential project in acreage, the methodology and assumptions for estimating fugitive dust emissions were relevant in developing the basis for calculating fugitive dust emissions during construction for the Walcott Estates project. The volume of construction activity was paired down and applied to the Walcott Estates project. Further, the Brasada residential project assumed that several fugitive dust mitigation strategies would likely be employed simultaneously during construction. However since the URBEMIS2007 model overestimates the dust control efficiencies that what would occur in practice, the assumptions were updated in the URBMIS model by selecting only the highest dust control measure which encompassed applying water three times daily. The updated estimated mitigated construction emissions for each construction phase are shown in Table 1. It should be noted that each construction phase will not take place concurrently, but in succession; therefore, daily emissions for each individual phase was compared to the SCAQMD Significance Threshold. The updated URBEMIS results indicated that emissions for NOx, PM10, and PM2,5 increased slightly from applying one mitigation control technology however, the estimated emissions are still far below the SCAQMD Significance Thresholds. Thus, temporary construction emissions from the proposed Project will not worsen ambient air quality, create additional violations of federal and state standards, or delay the basin's goal for meeting attainment standards. Table 1. Regional Construction Impacts by Phase (lbs/day) Activity ROG NO, CO SO2 PMtp PM2.5 Clearing/Grading 2.72 22.00 12.41 0.00 32.17 7.48 Building Construction 3.38 16.00 16.89 0.01 1.14 1.02 Paving 2.88 15.74 11.24 0.00 1.32 1.20 Building Construction 3.38 16.00 16.89 0.01 1.14 1.02 Building Construction (2013) 3.09 14.96 16.09 0.01 1.03 0.91 SCAQMD Significance Threshold 75 100 550 150 150 55 Exceed Significance? No No No No No No Source: (Entech Consulting Group, 2011) Response to Comments for Walcott Estates in the City of Temecula Page I 1 September 2011 ENTECH CONSULTING GROUP Comments 3 and 4: Surrounding land uses were identified south of the proposed project site, at a distance of approximately 100 meters (330 feet), which may be affected by temporary emissions generated from construction activities. Although the proposed project does not have a specific construction schedule established, a general construction schedule of typical activities for residential developments was utilized in URBEMIS2007 to estimate daily construction emissions. The project is anticipated to disturb approximately 15 acres of land, while the remaining 10 acres would be allocated for open space. The 15 acres will be developed over time; therefore, it was assumed that construction would disturb no more than one acre of land per day. The daily emission rates calculated in URBEMIS2007 were compared to the SCAQMD LST for a one acre project site, as shown in Table 2. It is anticipated that clearing and grading activities will generate PM1 0 and PM2.5 emissions above the LST; therefore, further mitigation measures are required to minimize impacts. Table 2. Localized Construction Emission Concentrations The following mitigation measures will be required to further reduce project PM10 and PM2.5 impacts: • Apply non-toxic soil stabilizers according to manufacturers' specifications to inactive areas (previously graded areas inactive for ten days or more). • Sweep site access points within 30 minutes of any visible dirt deposition on any public roadway (recommend water sweepers with reclaimed water). • Limit allowable idling to 105 minutes or less for trucks and heavy equipment. • Suspend all excavating and grading operations on any unpaved surface if winds gusts (as instantaneous gusts) exceed 25 mph. • Wet down or cover dirt haul routes with paving or gravel to prevent tracking of mud from exiting the construction site or from reaching or entering any type of storm water conveyance system on the site. Install wheel washers where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip. • Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation. Response to Comments for Walcott Estates in the City of Temecula September 2011 Page 1 2 Maximum Construction Emissions ( bs/day) Construction Phase CO NO2 PM1p PM2.5 Allowable Emissions at 100 meters (330 feet)' 2,176 292 8 2 Clearing/Grading 12.41 22 32.17 7.48 Significant Impact No No Yes Yes Building Construction 16.89 16 1.14 1.02 Significant Impact No No No No Paving 11.21 15.74 1.32 1.2 Significant Impact No No No No Building Construction 16.89 16 1.14 1.02 Significant Impact No No No No Building Construction (2013) 16.09 14.96 1.03 0.91 Significant Impact No No No No Source: (Entech Consulting Group, 2011) 1) Local Significance Thresholds for 1 acre per day disturbance. The following mitigation measures will be required to further reduce project PM10 and PM2.5 impacts: • Apply non-toxic soil stabilizers according to manufacturers' specifications to inactive areas (previously graded areas inactive for ten days or more). • Sweep site access points within 30 minutes of any visible dirt deposition on any public roadway (recommend water sweepers with reclaimed water). • Limit allowable idling to 105 minutes or less for trucks and heavy equipment. • Suspend all excavating and grading operations on any unpaved surface if winds gusts (as instantaneous gusts) exceed 25 mph. • Wet down or cover dirt haul routes with paving or gravel to prevent tracking of mud from exiting the construction site or from reaching or entering any type of storm water conveyance system on the site. Install wheel washers where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip. • Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation. Response to Comments for Walcott Estates in the City of Temecula September 2011 Page 1 2 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 September 22, 2011 Mr. Jeff Brandt Senior Environmental Specialist Department of Fish and Game 3602 Inland Empire Blvd., Suite C-220 Ontario, CA 91764 SUBJECT: Response to Department of Fish and Game Comment Letter - September 13, 2011 Dear Mr. Brandt: Thank you for your comment letter regarding the Mitigated Negative Declaration for the Walcott Estates Project, Riverside County, SCH # 2011081016. The City offers the following comments to fully address the Department of Fish and Game's concerns to adequately describe project related impacts, demonstrate consistency with MSHCP, and identify appropriate mitigation for purposes of CEQA. 1. Project Exhibits The Mitigated Negative Declaration included a project description for the following Planning Applications: PA10-0145, Tentative Tract Map 36295 PA10-0146, Residential Home Product Review PA10-0147, Zoning Map and Text Change from VL to PDO based on L Designation PA10-0148, General plan Amendment from VL to L Please see attached Exhibits A through K, which illustrate the Project and provide a better understanding of the project design and potential impacts for the Planning Applications listed above. Major project features include a 45 unit cluster/conservation development on 25 acres that preserves open space and wildlife habitat, and minimizes impacts to an onsite stream that flows east -west through the property. 2. Description of Impacts to Onsite Stream This Project avoids grading and construction within the onsite stream. Please see Exhibits L and M. The line highlighted in orange on Exhibit L illustrates the extent of grading for this Project and shows that grading and construction will avoid the onsite stream, including 10' on both sides of the Jurisdictional Delineation identified in Exhibit P, Figure 3 on Page 10. G:\PLANNING\2010\P41O-0145 Walcott Estates TTM\Planning\Bids Online \Biological Study - ECORP\OFG Response Ltr.doc ® Printed an Recycled Paper A Water Quality Management Plan (WQMP) was created for the Project. The WQMP was reviewed by the City's NPDES Engineer, Aldo Licitra. Design features of the BMP Train include bio swales, bio cells, and infiltration basins. The first flush will be captured and infiltrated, and only the clean (treated) overflow will be allowed to discharge to the onsite stream. Please see exhibits K and L. A portion of the construction of Butterfield Stage Road (BSR) has become a City Capital Improvement Project (CIP) associated with the Roripaugh Ranch Specific Plan. Said improvement goes from the existing terminus of La Serena Way to Murrieta Hot Springs Road. When the BSR improvement is complete, the drainage that flows through the Walcott Estates property will flow through a 60" RCP covered by approximately 10' of fill. Given the height of BSR, a 2:1 max slope will be required to blend existing and proposed grades. The City has a copy of the recorded documents for a Drainage Access Easement, Drainage Easement and Permission to Perform Off -Site Construction from the applicant. Per correspondence between Jeff Brandt (DFG) and Greg Butler (City — Public Works) on September 15, 2008, the City was given authorization to proceed with Roripaugh Ranch's Streambed Alteration Agreement No. 6-2001-205. This Agreement includes the construction of Butterfield Stage Road from Murrieta Hot Springs Road south to La Serena Way. The applicant for Walcott Estates has indicated that the Walcott Estates Project will not be developed until the City completes this phase of BSR. The impacts associated with the extension of BSR were considered and mitigation was included in the Final EIR for the Roripaugh Ranch Specific Plan. In addition, the City has included the following Condition of Approval to ensure that all appropriate agencies have reviewed the project and all permits have been secured prior to grading and final map approval: COA: Prior to issuance of a grading permit and/or approval of the final map, the developer shall receive written clearances from the following agencies: a. San Diego Regional Water Quality Control Board b. Army Corps of Engineers c. Califomia Department of Fish and Game d. Riverside County Flood Control and Water Conservation District e. Planning Department f. Department of Public Works, or other affected agencies 3. Description of Impacts to Vegetation, Seasonal Ponds, Vemal Pools and Fairy Shrimp According to the Biological Resource Assessment, Burrowing Owl Survey and MSHCP Consistency Analysis completed by ECORP Consulting February 9, 2011 (Exhibit 0), "The Project area has six seasonal ponds that have the potential to pond and support fairy shrimp. These are not thought to be vemal pools, due to a lack of apparent vemal pool vegetation (Exhibit 0, Figure 4)." Mitigation was included in tt,. ND to examine pool features on the site shortly after a rainfall to see if the areas paid e -'d support fairy shrimp. On April 26, 2011, Ms. Karen Kirtland submitted a letter and Fairy Shrimp Report prepared by Ms. Stephanie Pacheco of Tetra Tech, Inc. (Exhibit N). According to the report, "No suitable habitat necessary for fairy shrimp were observed on the site. The G:\PIANNING\2010\PA10-0145 Walcott Estates TTM\Planning\Bids Online \Biological Study - ECORP\DFG Response Ltr.doc 'M soils are generally too sandy in texture for the establishment of vernal pools. No plant communities endemic to vernal pools were observed." This report and the findings were referenced on Page 28 of the MND under Mandatory Findings of Significance. According to the Biological Resource Assessment, Burrowing Owl Survey and MSHCP Consistency Analysis completed by ECORP Consulting February 9, 2011, "Vegetation communities within the site consist of California grassland habitat, Califomia buckwheat scrub, several ornamental trees, and a scattering of mulefat scrub and two willow trees (Exhibit 0, Figures 3A -3D, Figure 4)." No special -status plant species were observed during the field surveys. In addition, approximately 10 acres of open space will preserve existing vegetation, habitat and the onsite stream (Exhibit E). 4. Provide a map showing the proposed 10 acres of riparian conservation and a statement as to who will hold the easement or fee title. Exhibits E and J illustrate the Open Space lots. Specifically, Exhibit J, the Tentative Tract Map indicates Open Space Lots 46-50 will contain 14.01 acres. Lot 50, which contains the majority of open space, vegetation, habitat and the onsite stream, contains 10.76 acres. The open space is designated on the TTM, Home Product Review, and in the PDO. Furthermore, the open space will be owned and maintained by a Homeowners Association (HOA). The project includes the following Conditions of Approval: COA: A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Planning Director. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, streetlights on private streets, Class 1 Trail, exterior of all buildings and all landscaped and open areas including parkways. COA: The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. COA: The CC&Rs shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the Project's Water Quality Management Plan. COA: All open areas and landscaping govemed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Departments prior to the issuance of building permits. COA: The CC&Rs shall provide that the association may not be terminated without prior City approval. 5. Burrowing Owl Surveys According to the Biological Resource Assessment, Burrowing Owl Survey and MSHCP Consistency Analysis completed by ECORP Consulting February 9, 2011, "During the four focused surveys, no burrowing owls or signs of burrowing owl were detected, though the site does support adequate amounts of habitat for the owl. Several burrows were observed (Exhibit G:\PLANNING\2010\PA10-0145 Walcott Estates 7TM\Planning\Bids Online\Biological Study - ECORP\DFG Response Ltr.doc 0, Figure 5) that were of the size and shape to be suitable for burrowing owl use, although no owl sign was detected. Due to the presence of burrowing owl habitat and potential burrows, mitigation was included in the MND to require a preconstruction survey for burrowing owls within 30 days of ground disturbance at the Project site. 6. Lake and Streambed Alteration Agreement No changes or impacts to the onsite stream are proposed as part of the Walcott Estates Project. Please see the third paragraph under Item #2, Description of Impacts to Onsite Stream above. 7. Demonstrate consistency with MSHCP, and identify appropriate mitigation for purposes of CEQA. Also, include mitigation measures required by the resource protection policies of the MSHCP. As documented in the attached studies, the Project is consistent with MSHCP and the resource protection policies of the MSHCP. The Project is not in a criteria cell. Burrowing owl surveys were conducted and no owls were found. However, due to the presence of burrowing owl habitat and potential burrows, mitigation was included in the MND to require a preconstruction survey for burrowing owls within 30 days of ground disturbance at the Project site. A seasonal pond/vemal pool and fairy shrimp habitat survey was completed and concluded no habitat, and therefore no presence of fairy shrimp. A riparian/riverine assessment was done and concluded no impacts as the Project area is being avoided and permanently preserved as open space. The Project is not in an urban/wildlands interface area. It is intended that this letter will address the Dept. of Fish and Game's comments and concerns regarding this Project (Walcott Estates). The information and impacts described above will be included in the revised Mitigated Negative Declaration (MND). If you have any additional comments or concerns, please contact me by September 30, 2011. Sincerely, Matthew D. Peters, AICP Attachments: A -K, Project Description and Exhibits L -M, Project Impact Exhibits N, Walcott Estates Fairy Shrimp Survey 0, Biological Resource Assessment, Burrowing Oil Survey, and MSHCP Consistency Analysis P, Jurisdictional Delineation Q, General Biological Resource Assessment cc: Robin Maloney Ramos Department of Fish and Game 3602 Inland Empire Blvd., Suite C-220 Ontario, CA 91764 Note: Sent electronically September 22, 2011 G:\PIANNING\2010\PA10-0145 Walcott Estates TTM \ Planning \Bids Online \Biological Study - ECORP\DFG Response Ur.doc Proposed Densities Area 1A - 1/2 Acre Density NM Area 18 - 1/2 Acre Density AIM Area 2 - 1 Acre Density (1/2 Acre Net) Area 3 - 2-1/2 Acre Density Area 4 - 1 Acre Density (1/2 Acre Density in Sub -Area) t. ) l S VA 1. 11 '. i;.,. '., tu[1.tnt, I'�titi t�i,t DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION November 16, 2011 Matt Peters, AICP - Case Planner Planning Application No. PA10-0145, a Tentative Tract Map (No. 36295) to subdivide 25 acres into 45 single-family cluster lots. Minimum lot size for the residential lots is 4,500 square feet. Approximately 13 acres of the site will be preserved as permanent open space to preserve the existing drainage on-site. Access to the site will be provided from Walcott Lane. The future extension of Butterfield Stage Road will have restricted (gated) emergency access only. Planning Application No. PA10-0146, a Residential Home Product review for 45 lots to be created with TTM 36295 (PA10-0145) for three floor plans ranging in size from 2,235 to 2,956 square feet with three elevation types each - Craftsman, Spanish and Tuscan. Planning Application No. PA10-0147, a Zoning Map and Text change from Very Low (VL) density residential to a Planned Development Overlay (PDO) based on the standards of the Low (L) density residential designation with provisions for a cluster development. Planning Application No. PA10-0148, a General Plan Land Use map change from Very Low (VL) density residential to Low (L) density residential. Approve with Conditions Mitigated Negative Declaration with Mitigation Monitoring Plan PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Mr. Steve Galvez Existing: VL - Very Low Density Residential Proposed: L - Low Density Residential Existing: VL - Very Low Density Residential Proposed: Planned Development Overlay (PDO) based on L - Low Density Residential 1 Existing Conditions/ Land Use: Site: North: South: East: West: Vacant Hillside and Valley Large Lot Rural Development with Single -Family Residential at a LM Single -Family Residential at a VL - Single -Family Residential at a VL - Roripaugh Ranch Just Beyond - Low Medium Density Very Low Density Very Low Density BACKGROUND SUMMARY On September 6, 2011 Anna Hoover, Cultural Analyst for the Pechanga Band of Luiseno Mission Indians (Pechanga Tribe) commented on the Mitigated Negative Declaration (MND) prepared for the "Project." Given the timing of the comments, the applicant requested a continuance from the September 7 to the September 21, 2011 Planning Commission Hearing in order to review and understand the requested mitigation. The project was further continued to the October 5, 2011 meeting in order to address comments on the MND that were received from the South Coast Air Quality Management District (SCAQMD) on September 7, 2011 and the Department of Fish and Game (DFG) on September 13, 2011. Minor changes to the air quality mitigation were made as a result of a known calculation error within the URBEMIS 2007 model with regard to dust control efficiency. No changes to the mitigation for biological resources were made, however a 4 -page response letter and the attachment of supporting exhibits and reports more clearly explained the project impacts. Both responses to the comment letters are included as an attachment to the staff report. In addition, Staff facilitated a meeting between the applicant and the Pechanga Tribe on September 12, 2011. The meeting went well and Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Mitigation Measures and Conditions of Approval. The comments from the Pechanga Tribe involved the inclusion of seven mitigation measures to replace the two that were included in the MND to address cultural resources. The requested mitigation measures are as follows: MM 1 MM 2 MM 3 Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified archaeological monitor to monitor all ground - disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. At least 30 days prior to beginning project construction, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Temecula and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. Prior to beginning project construction, the Project Archaeologist shall file a pre - grading report with the City (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to 2 MM 4 MM 5 stop and redirect grading activities. In accordance with the agreement required in MM 2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the appropriate Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in MM 2. The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. MM 6 All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. MM 7 If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. If the Developer, the project archaeologist and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or City Council. ANALYSIS Nicolas Valley Public Informational Meetings and Community Survey During 2008 and into the Spring of 2009, Staff held several public informational meetings and worked with the residents of Nicolas Valley on the potential formation of a CFD for road construction in the area of Nicolas Valley off Liefer Road, and potential General Plan and Zoning Changes in the larger Nicolas Valley area. A survey was developed and sent out with questions regarding potential lot sizes and densities in 4 distinct planning areas. Potential lot 3 size options for each planning area included 2.5, 1.0, 0.75., 0.50 acres and other. Overall, the response rate to the survey was just under 50% and the attached exhibit to the staff report, "Nicolas Valley Proposed Densities," reflects the input of local residents, the survey results, numerous public informational meetings, and Staff recommendations. This planning effort culminated in the recommendation for 0.5 acre density in sub -area 4. Unfortunately, current and existing economic conditions resulted in a decision to "shelve" any action on the CFD formation and the General Plan/Zoning changes. However, it is important to note that the Walcott Estates project is consistent with the results of this planning process. Walcott Estates is located in Planning Area 4 and more specifically, sub -area 4. Planning Area 4 is recommended to develop at a 1 -acre density and sub -area 4 is recommended to develop at a 0.5 acre density given this area's location between a major thoroughfare (Walcott Lane) and the eastern bypass (Butterfield Stage Road), adjacent to LM — Low Medium Zoning, and just south of Roripaugh Ranch. General Plan Amendment The General Plan Amendment involves a Land Use map change from Very Low (VL) Density Residential to Low (L) Density Residential. The project site is located in the Nicolas Valley Rural Preservation Area, which calls for large lot, low density residential development. However, this property is adjacent to LM - Low Medium Residential Zoning to the south and has two major roadways as the east (Butterfield Stage Road) and west (Walcott Lane) boundaries of the property. Also, while property immediately to the north is zoned VL - Very Low Density Residential, Roripaugh Ranch and the potential for 2,015 units are just beyond this property. The design of this project is intended to provide a transition between LM and VL development via a cluster/conservation development based on the Low (L) Density residential designation, which will result in the preservation of approximately 13 acres of open space on the 25 -acre site. The site design will balance development and the preservation of open space in order to meet the goals of rural preservation in this area. In addition, the General Plan states that, "The Low Density Residential designation provides for single family detached residential development on larger lots; however, clustering of development may be appropriate to minimize grading requirements and impacts to environmentally sensitive areas." Furthermore, the design of the project provides benefits as part of the cluster/conservation development including additional trails and open space, and preservation and enhancement of natural habitat. Zone Change to PDO The Zone Change to a PDO involves a Zoning Map and Text change from Very Low (VL) density residential to a Planned Development Overlay (PDO) based on the standards of the Low (L) density residential designation with provisions for a cluster development. The PDO outlines the requirements for the cluster development based on the plotting and architecture proposed as part of the Home Product Review application. Tentative Tract Map 36295 The map will create 45 single-family lots on 25 gross acres resulting in a density of 1.8 dwelling units per acre, which is consistent with the proposed Zone Change and General Plan Amendment from VL - Very Low Density Residential to L- Low Density Zoning that allows 0.5 to 2.9 dwelling units per acre. The subdivision has been designed as a cluster/conservation community in an effort preserve habitat and a blue line stream, and to provide additional trails and open space. Approximately 13 acres will be preserved as permanent open space, a majority of which will be located on the south side of the project providing a buffer between 4 existing and proposed residential development while preserving habitat. In order to provide the open space, the homes will be clustered on lots ranging from 0.10 to 0.18 acres. The minimum lot size is 4,500 square feet (45' wide x 100' deep). These lots will accommodate the proposed 2,200 to 2,900 square foot homes while providing 5' side yard, 20' minimum rear yard, 15' front yard setbacks to porches, and 20' setbacks to the garage doors. Access to the site will be provided off Walcott Lane. A roundabout located in the center of the development will provide a focal point and radial access to three cul-de-sacs and a hammerhead turnaround for restricted emergency only access at Butterfield Stage Road. The project will be conditioned for street improvements to Walcott Lane and Butterfield Stage Road, as well as undergrounding of utilities (wood utility poles) along Walcott Lane. Generally, the homes will be located on three basic tiers that have been designed to take advantage of the views and topography of the site. All of the open space, trails, and fencing along Walcott Lane will be maintained by a Homeowners Association. The trail network will provide east -west connectivity between Walcott Lane and Butterfield Stage Road and the beginning of north -south connections in Nicolas Valley to Roripaugh Ranch. Access to the trails is open to the public and not restricted to residents only, thereby providing a community benefit. Home Product Review Application The proposed project involves the construction of 45 single-family homes on lots created by Tentative Tract 36295. The proposed architecture and plotting was reviewed for conformance with a proposed PDO, as well as for compatibility with the existing homes in the adjacent neighborhoods. Architecture The project proposes three floor plans and three architectural styles. The architectural styles include Spanish, Tuscan, and Craftsman which are intended to blend with existing architectural styles in the area while taking advantage of the rural countryside and wine country themes. Various materials and features proposed include the following for each architectural style: • Spanish: stucco finish, concrete '5' tile roof, 4:12 roof pitch, decorative accent vents, clay pipe accents, decorative foam trim elements, wood fascias and exposed rafter tails, arched multi -pane windows, arched entrances, front porches, and decorative wood shutters. • Tuscan: stucco finish, concrete '5' tile roof, 4:12 roof pitch, decorative foam trim elements and panel type shutters, wrought iron accents, arched elements, decorative foam, front porches and stone veneer. • Craftsman: smooth stucco finish, concrete flat tile roof, 5:12 roof pitch, wood fascias, enhanced outlookers and wood braces, board and batten siding, foam trim, tapered porch columns with stone base, wood railings and shutters, and decorative carriage style garage doors. The applicant has provided specific details which are unique to each proposed architectural style and elevation. Articulation is provided on all sides of the homes so that each side of each 5 product provides specific features of the proposed architectural style. Each of the three proposed styles is defined from the others through the use of door and window types, window and door trim, garage door design, materials such as stone, roof type and pitch, shutters and the overall silhouette. As proposed, elevations that are visible from a public street or an open space area have been designed to incorporate architectural enhancements. Building Elements/Mass, Height and Scale The proposed project includes three two-story floor plans with three elevations. The units provide adequate articulation in roof forms and offsets to reduce massing and the elevations are visually broken up with offset facades, changes in materials, architectural details and/or sloping roof lines. The proposed units include well pronounced front entries with the use of arched entries, extended porches, and the use of different materials around the entry. Garage and front doors are distinct and compatible with the architectural style of the home. The proposed roof pitches provide variety in the street scene and they are representative of the architectural style. Additionally, reversed floor plans are encouraged to help achieve a distinctive street scene in the community. The applicant has incorporated the above mentioned elements and carefully plotted each plan (setbacks and mixing of each plan) with a distinctive combination of regular and reversed floor plans to provide variety along the streetscape and variation throughout the development. Each elevation provides careful articulation and architectural enhancements. Visual interest is achieved through the use of varied wall planes, projections and recesses to provide shadow and depth. Varying roof forms, floor plans, and changes in colors and materials accentuate the various architectural styles. Materials and Colors The project includes three different combinations of building materials and colors for each of the three elevation styles. The color variation, stucco, and cultured stone materials serve to break up the massing of the two-story units. The variation of material and colors also helps individualize each home and create character in the neighborhood. Product Placement Plan The proposed product placement provides a varied and visually interesting street scene which has been achieved through creative product placement and alternately reversed floor plans throughout the development. The units have been plotted to avoid repetition in plan and elevation type to meet the intent of the PDO. Elevations that are visible from a public street or an open space area have been designed and conditioned to incorporate architectural enhancements which include pop outs, shutters, decks, and additional roof elements. The lots that require additional enhancements are identified on the plotting plan. A Condition of Approval has been included to require these enhanced lots to be clearly identified on the Precise Grading Plan and Building Plans. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 3, 2011 and mailed to the property owners within the required 600 -foot radius. 6 ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, a Mitigated Negative Declaration has been prepared for the project. A summary of the Mitigation Plan is included below. Air Quality General Impact: Short-term cumulative impacts to air quality due to construction. Summary of Mitigation: Water exposed surfaces daily, suspend if winds exceed 25 m.p.h., cover stockpiles of debris, and apply soil stabilizers to inactive areas. Biological Resources General Impact: The project site has the potential to contain fairy shrimp, burrowing owl, and other nesting bird habitat. Summary of Mitigation: Focused surveys, pre -construction surveys, payment of fees, and limiting habitat clearing during the migratory bird breeding season (March 1 to August 15). Cultural Resources General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Summary of Mitigation: If any cultural resources are exposed during initial grading and ground disturbance activities the City will be contacted, and a qualified archaeologist will evaluate the resources in consultation with the Pechanga Band of Luiserio Indians. Noise General Impact: Potential construction, operational, and traffic noise impacts. Summary of Mitigation Limit construction activities to between 7 a.m. and 6:30 p.m., implement noise attenuation on construction equipment, construction of sound walls, and home construction requirements (double paned glass, solid core doors, and exterior siding requirements) to reduce noise. FINDINGS Tentative Tract Map 36295 (Code Section 16.09.1400) The proposed subdivision and the design and improvements of the subdivision are consistent are consistent with the Development Code, General Plan, the Subdivision Ordinance, and the City of Temecula Municipal Code. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code. The 45 - lot subdivision of a 25 gross acre site will result in a density of 1.8 units per acre, which is within the allowable density range of 0.5 to 2.9 units per acre consistent with a PDO based on L -Low Density Standards. The Tentative Map does riot propose to divide land, which is the subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The proposed property has not been used as agricultural land and has never been entered into any Williamson Act contracts. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The Initial Study and special reports prepared for the project indicate that there will not be any significant impacts to the environment. The design of the subdivision and the proposed improvements, with Conditions of Approval, are riot likely to cause significant environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The design of the subdivision and the proposed improvements, with Conditions of Approval, will not likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the Initial Study and associated mitigation outlined in the special reports prepared for the project have been incorporated into the Conditions of Approval and a Mitigated Negative Declaration and Mitigation Monitoring Program. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The design of the subdivision and the type of improvements are not likely to cause serious public health problems because the proposed development is consistent with all applicable building, development and fire codes, which include provisions to safeguard public health, and will be further reviewed and inspected by City staff for compliance with all applicable building, development and fire codes prior to issuance of any grading, building, or occupancy permits. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities. The project has been designed to ensure that all setbacks have been met and that light and air access is available to the extent possible. In addition, the construction will be required to conform to all state energy efficiency codes as well. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required easements and dedication are required as Conditions of Approval 8 The subdivision is consistent with the City's parkland dedication requirements (Quimby). The subdivision is consistent with the City's parkland dedication requirements (Quimby), because payment of Quimby fees will be required prior to issuance of a building permit. Home Product Review/Development Plan (Code Section 17.05.010.F) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. This application is accompanied by a Tentative Tract Map 36295, General Plan Amendment and Zone Change to a PDO. The General Plan Amendment and Zone Change to a PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximately 13 acres of the 25 gross acre site in permanently preserved open space, thereby promoting the goals of the General Plan to preserve habitat and provide additional trails and active parkland. The project has been designed to ensure compliance with the General Plan and all applicable requirements of State law and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project is consistent with all applicable building, development and fire codes, which include provisions to safeguard the health, safety, and general welfare of the community. Zone Change to PDO The proposed Zone Change is consistent with the land use designation in which the use is located, as shown on the Land Use Map, General Plan and Development Code. This application is accompanied by a Tentative Tract Map 36295, Home Product Review Application and General Plan Amendment from VL -Very Low Density to L -Low Density Residential. The General Plan Amendment and Zone Change to a PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximately 13 acres of the 25 gross acre site in permanently preserved open space, thereby promoting the goals of the General Plan to preserve habitat and provide additional trails and active parkland. The project is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. The proposed use is in conformance with the goals, policies, programs, and guidelines of the elements of the General Plan. The proposed Zone Change and associated applications are in conformance with the General Plan and all applicable requirements of State law and other Ordinances of the City. General Plan Amendment The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. This application is accompanied by a Tentative Tract Map 36295, Home Product Review Application and Zone Change to a PDO. The General Plan Amendment and Zone Change to a 9 PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximately 13 acres of the 25 gross acre site in permanently preserved open space, thereby promoting the goats of the General Plan to preserve habitat and provide additional trails and active parkland. The project design is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. The proposed amendment will not have an impact on the character of the surrounding area. The proposed General Plan Amendment will not have an impact on the character of the surrounding area because it has been designed as a conservation/cluster development to provide a transition between high and low density development within the rural Nicolas Valley. The proposed development will preserve approximately 13 acres of a the 25 gross acre site, and provide additional trails and preserve habitat. In addition, the General Plan Amendment is accompanied by a Home Product Review Application that has been reviewed and conditioned to provide homes of a high quality design via appropriate massing, roofline variation, high quality and varied materials, and floor plan square footage consistent with existing development in the surrounding area. ATTACHMENTS Vicinity and Aerial Maps Plan Reductions PC Resolution (General Plan Amendment) Exhibit A - CC Ordinance Exhibit B - Proposed General Plan Designation Map PC Resolution (Zone Change to PDO) Exhibit A - CC Ordinance Exhibit B - Planned Development Overlay PC Resolution (Tentative Tract Map 36295) Exhibit A - CC Resolution Exhibit B - Draft Conditions of Approval PC Resolution (Home Product Review) Exhibit A - CC Resolution Exhibit B - Draft Conditions of Approval PC Resolution (Mitigated Negative Declaration) Exhibit A - CC Resolution Initial Study Mitigation Monitoring Plan Public Correspondence City Response to Comment Letters (SCAQMD and DFG) Nicolas Valley Proposed Densities Notice of Public Hearing 10 REQUESTS TO SPEAK Date. J LLQ Subject REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. I wish to speak on Agenda Item No. nFor Against Public Comment `ii Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: Pale- 412)7,0y) Address: Phone:/ ate/Zip LJt — 019! 59 o� If you are representing an organization or group, please give the name: 7eMii&� d ��'j�% ► (%1 V l `,YL �C� r 5 Date Subject REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. I wish to speak on Agenda Item No. // r)/01/ For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: Lo J 0 AtIV !% Phone: ( Address: City/State/Zip If you are representing an organization or group, please give the name: Date Subject REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. 1//o 1 I 3 I wish oto speak on on Agenda Item/No.A,/ _ J,L JA Y / V 1 f' COW Gel* /S Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: �6k R4 kcia.{4( Phone: ( Address: City/State/Zip T (_ l/ , 92S// If you are representing an organization or group, please give the name: Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Subject v lrA -r nFor n Against nPublic Comment I wish to speak on Agenda Item No. Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: '1 J-65 Amk Address: City/State/Zip Phone: If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date fp/k) X tZ I wish to speak on Agenda Item No. 6- -Subject (29 6)1I.P Pk4' f For 71, Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: "D`T-� A Address — City/State/Zip P Cmc 4-I! CA - q l �Sci 1 If you are representing an organization or group, please give the name: Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. I wish to speak on Agenda Item No. Subject Els For 0 Against nPublic Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Phone: Address: City/State/Zip -\L`k1/4e�.)\(` If you are representing an organization or group, please give the name: REQUEST TO SPEAK 3 CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date 1/ \ I Z I wish to speak on Agenda Item No. 15 Subject For Against nPublic Comment Please note that all information presented at a City Council meeting becomes public record All informatio provided is optionalitberk If you are representing an organization or group, please give the name: q o REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. (th Date 40' //Z I wish to speak on Agenda Item No. l/OA -E' Tei - Subject CvSTGVS ror Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. (N'ON- O vt) Name: /t%/!./voa oci,J Address: City/State/Zip Phone: ?( 1 2 d> If you are representing an organization or group, please give the name: