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Home My WebLink About022812 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY 28, 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. Next in Order: Ordinance: 12-02 Resolution: 12-19 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Susan Miyamoto Invocation: Kevin Osborne of the Church of Jesus Christ of Latter Day Saints Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS American Heart Month Proclamation Certificate of Appreciation to Temeku Cinemas Certificate of Achievement to Paul D. Jensen for attaining the rank of Eagle Scout 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 a matter 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. 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. Each speaker is limited to five minutes. 1 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 February 14, 2012. 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 Approval of Fiscal Year 2011-12 Mid -Year Budget Adjustments RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2011-2012 ANNUAL OPERATING BUDGET 4.2 Adopt a resolution entitled: 2 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 5 Third Amendment to the Agreement with Proactive Fire Design, Inc. RECOMMENDATION: 5.1 Approve the third amendment to the annual agreement with ProActive Fire Design, Inc. in the amount of $40,000 for Fiscal Year 2011-12 Fire Department Plan Review Service. 6 Right of Entry Agreement for Environmental Mitigation for French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements, Project No. PW02- 11 RECOMMENDATION: 6.1 Approve, in substantially the form attached, the Right of Entry Agreement with the Navy Federal Credit Union. 7 License Agreement between Riverside County Flood Control and Water Conservation District (RCFC & WCD) and the City of Temecula for the Main Street Bridge Replacement, Project No. PW03-05 RECOMMENDATION: 7.1 Approve, in substantially the form attached, the License Agreement between the Riverside County Flood Control and Water Conservation District (RCFC & WCD) and the City of Temecula for the Main Street Bridge Replacement Over Murrieta Creek, Project No. PW03-05. 8 Temporary Street Closures for 2012 Springfest Events RECOMMENDATION: 8.1 Receive and file the following proposed action by the City Manager. Temporarily close certain streets for the following 2012 Springfest Events: 'BLUEGRASS FESTIVAL', 'REALITY RALLY', 'TASTE OF TEMECULA', 'COMMUNITY SERVICES EXPO'. 9 Sponsorship Agreement for Temecula Valley Reality Rally, a Fundraiser Event for Michelle's Place — April 13 - 15, 2012 RECOMMENDATION: 9.1 Approve the Event Sponsorship Agreement with Michelle's Place for city - support costs in the amount of $4,062 and in-kind promotional services for $10,865 for the 2012 Temecula Valley Reality Rally; 3 9.2 Approve the use of the Conference Center to launch the event. 10 Sponsorship Agreement with the Temecula Valley Foundation for Excellence in Education's 2012 Taste of Temecula Valley RECOMMENDATION: 10.1 Approve the Event Sponsorship with the Temecula Valley Foundation for Excellence in Education Agreement for city -support costs in the amount of $9,176 and in-kind promotional services of $10,865 for the 2012 Taste of Temecula Valley. 11 Sponsorship Agreement with P & R Productions for the 2012 Temecula Spring Rod Run — March 9 & 10, 2012 RECOMMENDATION: Approve the Event Sponsorship Agreement with P & R Productions for city - support costs in the amount of $59,561.64, shuttle services for $7,500 and $10,865 for in-kind promotional services for the 2012 Temecula Spring Rod Run. 12 Sponsorship Agreement with the Arts Council of Temecula Valley for the 2012 Temecula Art Experience — June 23 & 24, 2012 RECOMMENDATION: 12.1 Approve the Event Sponsorship Agreement with the Arts Council of Temecula Valley in the amount of $8,500 and in-kind promotional services for $10,865 for the 2012 Temecula Art Experience. 13 Sponsorship Agreement with the Temecula Valley Balloon and Wine Festival Association for the 2012 Temecula Valley Balloon & Wine Festival — June 1 - 3, 2012 RECOMMENDATION: 13.1 Approve the Event Sponsorship Agreement with the Temecula Valley Balloon and Wine Festival Association in the amount of $26,775 cash and $10,865 for in- kind promotional services for the 2012 Temecula Valley Balloon & Wine Festival. In addition, the City will provide temporary logistical support of the traffic control signs and devices to assist with public safety during the Festival estimated at $3,200. 14 Mayoral appointments to the Oversight Board of the Successor Agency to the former Redevelopment Agency pursuant to Assembly Bill ABX1 26 Chapter 4 Section 34179 RECOMMENDATION: 14.1 Receive and file. 4 ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, 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 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 a matter 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. Each speaker is limited to five minutes. CSD CONSENT CALENDAR 15 Action Minutes RECOMMENDATION: 15.1 Approve the action minutes of February 14, 2012. 16 Approval of Fiscal Year 2011-12 Mid -Year Budget Adjustments RECOMMENDATION: 16.1 Adopt a resolution entitled: 6 RESOLUTION NO. CSD 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2011-12 ANNUAL OPERATING BUDGETS 17 City of Temecula Wall of Honor - Shawn Nelson RECOMMENDATION: 17.1 Approve the recommendation from the Community Services Commission to permanently place the name of Shawn Nelson, former City Manager, on the Wall of Honor located in the Temecula History Museum and the Temecula Civic Center. CSD DEPARTMENTAL REPORT 18 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, March 13, 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 JOINT SPECIAL MEETING OF TEMECULA CITY COUNCIL ACTING AS GOVERNING BODY OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AND THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY 19 Designation of the Successor Agency to the Redevelopment Agency of the City of Temecula under ABX1 26 (Part 1.85 of the Health and Safety Code) and establishment of rules and regulations for the operation of the Successor Agency RECOMMENDATION: 19.1 That the City Council Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopt the following Resolution: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACTING AS THE GOVERNING BODY FOR THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATIONS OF THE SUCCESSOR AGENCY AS A NEW LEGAL ENTITY SEPARATE FROM THE CITY AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 20 Actions by the Successor Agency to the Temecula Redevelopment Agency under ABX1 26 (Part 1.85 of the Health and Safety Code) to: (1) adopt an Enforceable Obligation Payment Schedule; (2) adopt a Recognized Obligation Payment Schedule; (3) authorize Successor Agency Investments in Local Agency Investment Fund; (4) create a Redevelopment Obligation Retirement Fund RECOMMENDATION: 20.1 The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 20.2 The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency adopt a resolution entitled: 8 RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A DRAFT INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 20.3 The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AUTHORIZING THE INVESTMENT OF MONEYS IN THE LOCAL AGENCY INVESTMENT FUND OF THE STATE OF CALIFORNIA AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 20.4 The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CREATING A REDEVELOPMENT OBLIGATION RETIREMENT FUND PURSUANT TO HEALTH AND SAFETY CODE SECTION 34170.5 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 21 First Amendment to Owner Participation Agreement and Grant Commitment between the Successor Agency to the Temecula Redevelopment Agency and Front Street Partners, LLC, for the property located at the southwest corner of Old Town Front Street and Third Street in Old Town RECOMMENDATION: 21.1 The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency adopt the following Resolution: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE FIRST AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT AND GRANT COMMITMENT WITH FRONT STREET PARTNERS, LLC 9 TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY - no meeting 10 RECONVENE CITY COUNCIL MEETING 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. 22 Long Range Planning Project No. LR11-0007, a Development Code Amendment (Title 17 of the Municipal Code) to modify the regulations for businesses selling alcoholic beverages RECOMMENDATION: 22.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO FURTHER CLARIFY THE REGULATIONS ON BUSINESSES SELLING ALCOHOLIC BEVERAGES (LONG RANGE PLANNING PROJECT NO. LR11-0007) 23 Approval for levying an assessment for Fiscal Year 2012-13 in connection with the Temecula Valley Tourism Business Improvement District (TVTBID) RECOMMENDATION: 23.1 Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 23.2 Instruct the City Clerk to tabulate any written protests received which might be received prior to the close of the public hearing regarding the formation of the proposed District; 23.3 If the City Clerk reports that there is not a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2012-2013 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 11 CITY COUNCIL BUSINESS 24 Amendment to the Park and Recreation Area Use Policies (Chapter 12.04.250) RECOMMENDATION: 24.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEMECULA MUNICIPAL CODE BY AMENDING SECTIONS 12.04.250.A, 12.04.250.D, 12.04.250.1, 12.04.250.L, 12.04.250.M.1, 12.04.250.M.2, 12.04.250.N, AND 12.04.250.0. TO AUTHORIZE THE CITY MANAGER TO ESTABLISH REGULATIONS FOR THE ASSESSMENT OF RISK AND LIABILITY INSURANCE FOR RENTALS OF CITY PARKS AND FACILITIES AND TO CHANGE THE PERSON WITH AUTHORITY FOR CERTAIN PARK USE DECISIONS FROM DIRECTOR OF COMMUNITY SERVICES TO CITY MANAGER OR DESIGNEE DEPARTMENTAL REPORTS 25 Planning Department Monthly Report 26 City Council Travel/Conference Report - January 2012 27 Public Works Department Monthly Report 28 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT 12 ADJOURNMENT Next regular meeting: Tuesday, March 13, 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.citvoftemecula orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 13 PRESENTATIONS _--tee -.as a v J iL • mminimmmi -. A~'l'tk� �� — / `V:poN lei Ne f IIJ!I I Il mml mi. '`�y The City of Temecula PROCLAMATION WHEREAS, cardiovascular disease is the Nation's three deaths Nationwide; and WHEREAS, nearly 2,200 Americans die of cardiovascular every 39 seconds; and WHEREAS, nearly 33 percent of deaths due to cardiovascular and WHEREAS, the American Heart Association's 2020 health of all Americans by 20 percent while reducing deaths percent through research, population and community level interventions, and WHEREAS, efforts of the American Heart Association if symptoms occur, become trained in CPR, and encourage (AHD) programs in their communities; and WHEREAS, the American Heart Association is celebrating and promoting education and awareness by calling on citizens stroke. NOW, THEREFORE, I, Chuck Washington, on behalf hereby proclaim the month of February, 2012 to be "American Heart in Temecula and urge all citizens to recognize the critical survival rates from cardiac arrest. We can save thousands of aggressive programs. leading cause of death accounting for one out of disease each day, an average of one death disease occur before the age of 75 years; impact goal seeks to improve the cardiovascular from cardiovascular diseases and stroke by 20 and public health and policy measures; urge citizens to help save lives by calling 9-1-1 comprehensive automated external defibrillator February 2012 as American Heart Month to learn the warning signs of heart attack and of the City Council of the City of Temecula, Month,' importance of tools and skills that will increase lives each year by incorporating these tools into IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty-eighth day of February, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk City of Temecula Certificate of Appreciation Presented on behalf of the City Council and the citizens of the City of Temecula to: Temeku Cinemas and General Manager Kevin Casey, for providing a special "Autism Movie Day" at Temeku Cinemas. Your thoughtful consideration in providing such an event provides families who have children with special needs the opportunity to enjoy a "family day out" without the worry of inconveniencing other patrons of your theater. Your commitment to your community was also demonstrated by allowing families to bring in their own food, not only assisting families struggling financially, but also families caring for children with special dietary needs. The selfless service you and your wonderful organization have provided truly makes Temecula the kind of community where unity and kindness abound. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of February, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends' the outstanding achievement of Paul D. Jenson of Troop #148 We congratulate Paul for his achievement on receiving the rank of Eagle Scout. We are proud to present Paul with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of February, 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 (Continued Meeting) CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY x-415, 2012 — 7:00 PM The regular meeting of the City Council scheduled for Tuesday, February 14, 2012 was continued to Wednesday, February 15, 2012 due to lack of quorum with closed session beginning at 6:15 p.m. 6:15 P.M. — The City Council 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 real property negotiations for acquisition of the following parcels of real property for the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project (PW00-26): A. Real property owned by Riverside County Flood Control and Water Conservation District. The subject real property is a vacant parcel within the floodway of Murrieta Creek and has frontage along Diaz Road in the City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 909-120-016. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. B. Real property owned by Richard B. Gurrola and Valerie M. Gurrola, Trustees of the Gurrola Family Trust Under Declaration Dated Dec. 27, 2001 as to an Undivided 55.23% Interest, Robert A. Gurrola, A Married Man as His Sole and Separate Property as to an Undivided 18.57% Interest, Gary S. Gurrola A Single Man as to an Undivided 18.57%, and Richard B. Gurrola 11, an Unmarried Man as to an Undivided 7.63%, All as Tenants in common. The subject real property is commonly known as 27495 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921-480-013. The negotiating parties are the City of Temecula and Richard B. Gurrola and Valerie M. Gurrola, Trustees of the Gurrola Family Trust Under Declaration Dated Dec. 27, 2001 as to an Undivided 55.23% Interest, Robert A. Gurrola, A Married Man as His Sole and Separate Property as to an Undivided 18.57% Interest, Gary S. Gurrola A Single Man as to an Undivided 18.57%, and Richard B. Gurrola 11, an Unmarried Man as to an Undivided 7.63%, All as Tenants in common. C. Real property owned by Jim McGill and Terri McGill. The subject real property is commonly known as 27499 Commerce Center Drive, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921- 480-031. The negotiating parties are the City of Temecula and Jim McGill and Terri McGill." D. Real property owned by Mark McMillin LLC, a California Limited Liability Company. The subject real property is commonly known as 27511 Commerce Center Drive, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921-480-032. The negotiating parties are the City of 1 Temecula and Mark McMillin LLC, a California Limited Liability Company. The City negotiators for each of these parcels are Greg Butler and Amer Attar. Under negotiation are the price and terms for the acquisition for each of the parcels. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:15 P.M., Mayor Washington called the Closed Session Meeting to order. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Earlene Bunday Flag Salute: Mayor Pro Tem Naggar ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS U.S. Marine Cpl. Juan Dominguez Proclamation Teen Dating Violence Awareness Month Proclamation PUBLIC COMMENTS Lorena Spencer - Temecula CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of January 24, 2012. 2 3 List of Demands - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-12 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 December 31, 2011 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of December 31, 2011. 5 Property Insurance Renewal - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the City of Temecula Property Insurance Policy renewal with Travelers Insurance Company and Empire Indemnity Insurance Company for the period of February 26, 2012 through February 26, 2013, in the amount of $378,828. 6 Resolution in Support of local control of Ontario International Airport (requested by Mayor Washington) - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 12-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF THE TRANSFER OF ONTARIO INTERNATIONAL AIRPORT (ONT) TO LOCAL CONTROL 3 7 Agreement for consultant services with SoftResources LLC to assist the City in the selection and implementation of an enterprise permitting system - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the agreement for consulting with SoftResources LLC in the amount of $197,746 to assist the City in the selection and implementation of an enterprise permitting system; 7.2 Authorize the City Manager to approve change orders up to 10% of the contract amount, $19,774; 7.3 Allocate funds in the amount of $217,520 from the Information Technology Internal Service Fund. 8 Purchase of the annual Eden Maintenance and Software Support - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the annual purchase of maintenance and software support for the Eden Financial and Payroll Systems by Tyler Technologies, Inc., in the amount of $36,864.74. 9 Approval of the FY 2012-13 Temecula Valley Tourism Business Improvement District (TVTBID) Advisory Board's Annual Report and levy of an assessment against Lodging Businesses within the TVTBID for FY 2012-13 - Approved Staff Recommendation (5- 0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 12-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2012-13 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 9.2 Adopt a resolution entitled: 4 RESOLUTION NO. 12-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) FOR FISCAL YEAR 2012-13 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 10 Allocation of grant funds to Western Riverside Council of Governments for project management and grant administration of the Caltrans Community Based Planning Grant - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Allocate existing grant funds in the amount of $60,000 to allow for the payment of services to Western Riverside Council of Governments (VVRCOG) for the project management and grant administration of the Caltrans Community Based Planning Grant. 11 City Council authorization to apply for the Strategic Growth Council Sustainable Communities Planning Grant - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 12-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING CITY STAFF TO APPLY FOR THE STRATEGIC GROWTH COUNCIL SUSTAINABLE COMMUNITIES PLANNING GRANT 12 Exclusive Negotiating Agreement for the potential disposition of property owned by the City as Successor Agency to the Temecula Redevelopment Agency located at the northwest corner of Diaz Road and Dendy Parkway (APN: 909-370-002) - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve an Exclusive Negotiating Agreement between the City as Successor Agency to the Temecula Redevelopment Agency and Wild Rivers Inc. (Wild Rivers) . 5 13 Agreement with Westbrook Fence, Inc. for Duck Pond Fence Replacement, Project No. PW11-08 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve an Agreement for Minor Construction Services for the Duck Pond Fence Replacement Project No. PW11-08 with Westbrook Fence, Inc. in the amount of $49,067; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,906.70, which is equal to 10% of the contract amount; 13.3 Make a finding that this project is exempt from CEQA per Section 15302, Class 1 of the CEQA Guidelines. 14 First Amendment to Utility Agreement with Eastern Municipal Water District for French Valley Parkway Interchange Improvements, Phase I, Project No. PW07-04 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve the First Amendment to the Utility Agreement with Eastern Municipal Water District in an amount not to exceed $47,396 to perform design, advertisement, award, and construction administration associated with the relocation of sewage utilities for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project. 15 Construction Cooperative Agreement with Caltrans for Construction of the Interstate 15/State Route 79 South Interchange Improvements, Project No. PW04-08 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONSTRUCTION COOPERATIVE AGREEMENT, NO. 08- 1515, BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE CITY OF TEMECULA FOR THE CONSTRUCTION OF THE INTERSTATE 15/STATE ROUTE 79 SOUTH INTERCHANGE IMPROVEMENTS 6 16 Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Pavement Rehabilitation Program, Margarita Road Project 2, Avenida Barca to Solaria Way, Project No. PW14-09 - Approved Staff Recommendation (4-0-1) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval, with Council Member Comerchero abstaining. RECOMMENDATION: 16.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program, Margarita Road Project 2, Avenida Barca to Solaria Way, Project No. PW10-09; 16.2 Make a finding that this project is exempt from CEQA per Section 15302, Class 1 of the CEQA Guidelines. 17 Amendment to the City's Proposition 1B Spending Plan and Reject All Bids for the Citywide Crackfill Project, FY10-11, Project No. PW11-04 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Approve an amendment to the City's Proposition 1B Spending Plan for FY 2008- 09 to remove the Citywide Crackfill Project FY 2010-2011, and include the Citywide Slurry Project FY 2011-2012, portions of Paseo Del Sol, California Sunset, Rainbow Canyon, and Starlight Ridge Areas, Project No. PW11-09; 17.2 Reject all Construction Bids for Citywide Crackfill Project, FY10-11, Project No. PW11-04. 18 Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Pavement Rehabilitation Program, Project No. PW10-14, Ynez Road Winchester Road to Solana Way) - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program, Project No. PW10-14; 18.2 Make a finding that this project is exempt from CEQA per Section 15302, Class 1 of the CEQA Guidelines. 7 19 Purchase and Sale Agreement with the Coop Family Trust for Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project No. PW00-26 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 12-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND DONALD W. COOP, TRUSTEE OF THE JENNEAN COOP BYPASS TRUST UNDER THE COOP FAMILY TRUST DATED FEBRUARY 2, 2004, AND DONALD W. COOP, TRUSTEE OF THE DONALD W. COOP SURVIVOR'S TRUST UNDER THE COOP FAMILY TRUST DATED FEBRUARY 2, 2004, EACH AS TO AN UNDIVIDED FIFTY PERCENT (50%) INTEREST AS TENANTS IN COMMON IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD — PROJECT NUMBER PW00-26 20 Temporary Street Closures for the 2012 Temecula Spring Rod Run Event (Old Town Front Street, between Moreno Road and Second Street, and other related streets) scheduled for March 9 and 10, 2012 - Approved Staff Recommendation (4-0-1) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Edwards abstaining. RECOMMENDATION: 20.1 Receive and file the following proposed action by the City Manager: Temporarily close Old Town Front Street and other related streets for the `2012 TEMECULA SPRING ROD RUN EVENT' CITY MANAGER REPORT CITY ATTORNEY REPORT 8 ADJOURNMENT At 7:35 P.M. the City Council meeting was formally adjourned in honor of Anthony Fowler, to Tuesday, February 28, 2012, at 5:00 P.M., for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. Next Regular Meeting: February 28, 2012, 7:00 P.M., Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 9 Chuck Washington, Mayor Item No. 3 Approvals City Attorney Director of Finance N" - City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: February 28, 2012 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: 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: 1. Resolution 2. 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 $2,353,086.38. 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 28th day of February 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 28th day of February 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 02/09/2012 TOTAL CHECK RUN $ 1,957,138.68 02/16/2012 TOTAL PAYROLL RUN: 395,947.70 TOTAL LIST OF DEMANDS FOR 02/28/2012 COUNCIL MEETING: $ 2,353,086.38 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 130 RECOVERY ACT JAG FUNDING 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 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 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 $ 387,669.47 1,785.06 7,656.12 80,554.25 2,668.96 5,890.33 1,422,545.92 3,850.00 12,252.62 3,733.81 3,607.60 6,735.50 4,263.00 1,128.50 46.85 69.62 127.04 22.53 90.04 22.52 43.98 223.22 22.39 22.39 22.39 183.01 487.94 67.93 22.72 49.51 22.78 142.33 218.76 166.96 1,105.18 26.15 82.85 741.23 5.29 24.49 25.71 1,320.57 22.16 7,369.00 $ 1,957,138.68 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 245,232.25 165 AFFORDABLE HOUSING 12,521.16 190 TEMECULA COMMUNITY SERVICES DISTRICT 92,954.39 192 TCSD SERVICE LEVEL B 427.46 194 TCSD SERVICE LEVEL D 1,637.62 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 989.90 197 TEMECULA LIBRARY FUND 1,229.92 300 INSURANCE FUND 1,380.47 320 INFORMATION TECHNOLOGY 19,415.67 330 SUPPORT SERVICES 6,015.03 340 FACILITIES 11,852.63 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 84.28 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 56.45 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 66.89 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.27 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 135.99 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.67 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 34.90 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 230.90 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.80 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.46 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.34 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 154.04 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 32.85 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.83 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.55 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 38.41 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.14 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 142.71 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 76.33 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 206.92 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 350.36 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.67 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.20 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 197.04 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 63.59 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.85 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.20 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 290.49 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5.07 395,947.70 TOTAL BY FUND: $ 2,353,086.38 apChkLst Final Check List Page: 1 02/09/2012 4:14:29PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1872 02/08/2012 000246 PERS (EMPLOYEES' 9/11 Employee Pers Retirement 119.58 119.58 RETIREMENT) 150225 02/09/2012 009374 ALLEGRO MUSICAL VENTURES Piano repair: Merc Theater 1,950.00 1,950.00 150226 02/09/2012 014531 ALLEN EMBROIDERY SERVICE promo items: TCSD 543.41 543.41 150227 02/09/2012 006915 ALLIES PARTY EQUIPMENT RENTAL EQUIP: WINTER 2,481.07 2,481.07 WONDERLAND 150228 02/09/2012 000747 AMERICAN PLANNING 4/12-3/13 APA mb:Richardson, P 580.00 ASSOCIATION 4/12-3/13 APA mb:Pln Commission 350.00 930.00 150229 02/09/2012 014605 ARTSOURCE MANAGEMENT, international fedex shipment 44.75 44.75 L LC 150230 02/09/2012 006300 ASSOCIATION OF AMERICAN Membership:J.DeGange 90003309 170.00 170.00 150231 02/09/2012 014604 AZNAVOORIAN NOREHEAD, Theater performance: 2/11 853.33 853.33 MARTA P 150232 02/09/2012 011438 BAKER, BLYTHE EDEN TCSD instructor earnings 135.00 135.00 150233 02/09/2012 014638 BAKER, LISA refund:sec dep:rm rental:Harveston 200.00 200.00 150234 02/09/2012 008868 BANK OF SACRAMENTO Ret/escrw 2893-160:RJ Noble -Marg Rd 105,585.77 Ret/escrw 2893-159:RJ Noble-Wnchsti 33,712.50 139,298.27 150235 02/09/2012 004248 CALIF DEPT OF credit billing adj: Harrell, AE pd -32.00 J USTICE-ACCTING DEC FINGERPRINTING SVCS: PD/Hf 2,527.00 2,495.00 150236 02/09/2012 014639 CASTRO, SILVIA refund:sec dep:rm rental:Harveston 200.00 200.00 150237 02/09/2012 014640 CLEARLY BETTER WATER INC refund:overpd bus lic 010660 15.00 15.00 150238 02/09/2012 013286 CONNEXON TELECOM INC Jan Enterprise 911 Svc: IT 360.00 360.00 150239 02/09/2012 001264 COSTCO WHOLESALE Artist Hospitality: Theater 120.29 120.29 150240 02/09/2012 014306 CUNLIFFE, DAVID THEATER PERFORMANCE: 2/11 853.33 853.33 Pagel apChkLst Final Check List Page: 2 02/09/2012 4:14:29PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150241 02/09/2012 004192 DOWNS COMMERCIAL Fuel for City vehicles: Info Tech 51.96 FUELING INC Fuel for City vehicles: Code Enf 616.27 Fuel for City vehicles: B&S 404.37 Fuel for City vehicles: TCSD 2,466.81 Fuel for City vehicles: PW Traffic 508.60 Fuel for City vehicles: PW Indv/npdes 224.37 Fuel for City vehicles: PW Maint 1,793.15 Fuel for City vehicles: PW Ind/cip/npde 352.13 Fuel for City vehicles: Police 52.82 6,470.48 150242 02/09/2012 014641 FARWEST INSULATION refund:overpd bus Iic 024437 15.00 15.00 CONTRACTING 150243 02/09/2012 000478 FAST SIGNS signs: aquatics pgrm 218.30 218.30 150244 02/09/2012 009953 FEDERAL CLEANING JAN JANITORIAL SVCS:PD MALL 625.00 625.00 CONTRACTORS OFFICE 150245 02/09/2012 011922 FIRST AMERICAN CORELOGIC Dec database subscr:code enf 11.00 11.00 INC 150246 02/09/2012 003281 FOREMOST PROMOTIONS PROMO ITEMS: POLICE 385.00 PROMO ITEMS: POLICE 300.00 685.00 150247 02/09/2012 004074 FRANCHISE MGMT SERVICES misc supplies: mpsc 202.39 202.39 INC 150248 02/09/2012 003946 G T ENTERTAINMENT sound svcs: bicycle rodeo 2/10 150.00 150.00 150249 02/09/2012 011283 GABRIEL ROEDER SMITH & Oct -Dec OPEB valuation GASB45 7,369.00 7,369.00 COMPANY 150250 02/09/2012 007279 GAIL MATERIALS INC landscape supplies: pbsp ballfield 4,013.75 4,013.75 150251 02/09/2012 001937 GALLS INC uniform svc: police volunteers 6.89 uniform svc: police volunteers 19.43 26.32 150252 02/09/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 2/4 221.25 sttlmnt: Songwriter Showcase 1/28 1,020.75 1,242.00 150253 02/09/2012 011376 GENEVA SCIENTIFIC INC bike rack: 6th & 1st parking 700.30 700.30 150254 02/09/2012 014067 GENTRY, JANN photography svcs: winterfest 800.00 800.00 150255 02/09/2012 005405 GILLILAND, ROBIN reimb: htl SF Apr '12 sister city Japan 181.90 181.90 Page:2 apChkLst Final Check List Page: 3 02/09/2012 4:14:29PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150256 02/09/2012 000177 GLENNIES OFFICE PRODUCTS Office supplies: PW 355.60 INC 150257 02/09/2012 014405 GORM INCORPORATED Office Supplies: Records Office Supplies: City Clerk Office Supplies: CM Office Supplies: CRC Office Supplies: TCSD Office Supplies: B&S 30.05 171.86 200.86 123.36 163.24 121.71 Cleaning supplies:PW Facilities 1,842.53 150258 02/09/2012 014642 GRACE LITES CORPORATION refund:sec dep:rm rental:Harveston 150259 02/09/2012 003792 GRAINGER plast bins: crime prevention PLASTIC BINS: CRIME PREVENTION Plastic Bins: crime prevention misc backstage supplies:theater 150260 02/09/2012 005056 GUTIERREZ, BETH reimb:supplies interview pnl 2/2 1,166.68 1,842.53 100.00 100.00 77.50 23.54 270.63 39.22 75.44 150261 02/09/2012 005311 H2O CERTIFIED POOL WATER Dec fountain maint: town square 175.00 SPCL. 150262 02/09/2012 000186 HANKS HARDWARE INC 150263 02/09/2012 001135 HEALTHPOINTE MEDICAL GROUP INC 150264 02/09/2012 003106 HERITAGE SECURITY SERVICES Dec pool maint: CRC/TES Dec fountain maint: civic center 900.00 500.00 410.89 75.44 1,575.00 Hardware supplies: Ch Museum 359.97 Hardware supplies: Aquatics 32.28 Hardware supplies: B&S 14.00 Hardware supplies: TCSD parks 759.11 Hardware supplies: MPSC 23.68 Hardware supplies: Library 37.94 Hardware supplies: PW Maint 261.38 Hardware supplies: PW Traffic 410.29 1,898.65 emp industrial care svcs: HR 50.00 emp industrial care svcs: HR 45.00 95.00 Dec securitysvcs:harveston park 1,440.00 1,440.00 150265 02/09/2012 014637 HOGAN, THOMAS MARTIN refund:court filing fee:prkg cite 69186 150266 02/09/2012 003198 HOME DEPOT, THE misc maint supplies: Theater misc maint supplies: civic ctr misc maint supplies: Theater supplies for signs: police misc supplies:old town boardwalk 25.00 25.00 333.96 85.06 21.52 126.47 439.47 1,006.48 Page:3 apChkLst 02/09/2012 4:14:29PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 150267 02/09/2012 001517 HORIZON HEALTH 150268 02/09/2012 002701 HUB INT'L INSURANCE SERVCS INC (Continued) Description credit billing adj: 152 units not 155 DEC EAP SVCS: HR Jan '12 special events premiums 150269 02/09/2012 013420 INGRAM LIBRARY SERVICES (1) BOOK: LIBRARY INC 150270 02/09/2012 013695 INLAND EMPIRE SHRED IT 150271 02/09/2012 011228 INLAND PLANNING AND DESIGN INC 150272 02/09/2012 006914 INNOVATIVE DOCUMENT SOLUTIONS 150273 02/09/2012 001407 INTER VALLEY POOL SUPPLY INC 150274 02/09/2012 003296 INTL CODE COUNCIL 150275 02/09/2012 006924 INTL MUNICIPAL SIGNAL ASSOC. 150276 02/09/2012 003266 IRON MOUNTAIN OFFSITE 150277 02/09/2012 013200 JAROTH INC 150278 02/09/2012 014643 JENKINS, CHERYL 150279 02/09/2012 014644 JONES, EDWARD 150280 02/09/2012 002531 KATY FM RADIO 150281 02/09/2012 003046 K F R O G 95.1 FM RADIO 1/16 doc shred svcs:pd substation 1/16 doc shred svcs:pd mall offc 1/16 doc shred svc: Library 1/16 doc shred svcs: CRC 1/16 doc shred svc: civic ctr Dec cnslt svcs:jefferson corridor paper/ink supplies: central svcs paper/ink supplies: central svcs Dec copier maint/usage: Library Dec copier maint/usage: citywide pool chemicals: citywide '12 ICC city mb: B&S traffic sgnl insp cert 4/18-19: JB Dec offsite media storage:Records Feb pay phone:duck pond,Library,CRC refund:sec dep:minus cancel fee:Harv. refund:dupl bus lic pmt online 026890 broadcast ads: winterfest Amount Paid Check Total -13.20 682.00 1,168.00 17.92 15.00 15.00 15.00 15.00 50.00 2,600.00 341.53 276.06 519.55 2,470.46 714.38 50.00 240.00 438.64 212.64 150.00 35.00 310.25 broadcast ads: winterfest 585.00 broadcast ads: winterfest 668.80 1,168.00 17.92 110.00 2,600.00 3,607.60 714.38 50.00 240.00 438.64 212.64 150.00 35.00 310.25 2,330.00 2,915.00 Page:4 apChkLst Final Check List Page: 5 02/09/2012 4:14:29PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150282 02/09/2012 000820 K R W & ASSOCIATES Dec -Jan eng pinck svcs:pw Indy 605.00 605.00 150283 02/09/2012 001282 KNORR SYSTEMS INC pool supplies: PW Facilities 375.30 pool rehab: CRC 179.59 pool supplies: PW Facilities 428.42 983.31 150284 02/09/2012 009336 KOPIE SHOP LLC promotional items: Theater 367.59 367.59 150285 02/09/2012 000209 L & M FERTILIZER INC misc supplies: pw maint 196.52 196.52 150286 02/09/2012 013879 LAKESHORE LEARNING misc supplies: crc 110.72 110.72 MATERIALS 150287 02/09/2012 012065 LANCE, SOLL & LUNGHARD '11 city audit Svcs: Finance 3,561.00 LLC redevelopment state controller rpt 1,250.00 REDEVELOPMENT AGENCY AUDIT' 508.00 5,319.00 150288 02/09/2012 000210 LEAGUE OF CALIF CITIES pavement rehab citywide 400.00 400.00 150289 02/09/2012 010490 LISA SAPINKOPF ARTISTS THEATER PERFORMANCE: 2/11 640.01 640.01 150290 02/09/2012 014228 LSK, LLC FEB '12 LEASE PMT:HARVESTON 4,714.00 4,714.00 CENTER 150291 02/09/2012 013686 M T I TECH PRODUCTS INC Toner & ink cartridges:info tech 1,583.93 1,583.93 150292 02/09/2012 003782 MAIN STREET SIGNS MISC SIGNS:PW MAINTENANCE 159.47 159.47 150293 02/09/2012 004141 MAINTEX INC Misc cleaning supplies:citywide 659.43 659.43 150294 02/09/2012 014536 MARKEN, KERI E. Jan cataloging srvcs: History Museum 1,400.00 1,400.00 150295 02/09/2012 014272 MATTHEW PISTILLI LDSCP MAINT:WINCHESTER MEDIANS 6,623.00 6,623.00 LANDSCAPE SRV 150296 02/09/2012 014653 MCINERNY, PAT refund:Organic non-toxic home 2225.101 20.00 20.00 150297 02/09/2012 006571 MELODY'S AD WORKS INC. FEB MARKETING & PROMO 1,500.00 1,500.00 SRVCS:OLD TOWN 150298 02/09/2012 010908 MR APPLIANCE OF appliance repair: conference center 524.00 524.00 WINCHESTER Page:5 apChkLst Final Check List Page: 6 02/09/2012 4:14:29PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150299 02/09/2012 004238 MURRIETA, CITY OF '12 cost -share ads -Exporter Mag:Eco Dev 1,800.00 1,800.00 150300 02/09/2012 002925 NAPA AUTO PARTS Veh repair & maint: Sta 84 68.74 MISC AUTO SUPPLIES:PW MAINT D 241.10 309.84 150301 02/09/2012 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:pd old town office 121.65 DIV MISC OFFICE SUPPLIES:FINANCE C 396.14 Printing srvcs: code enforcement 194.70 712.49 150302 02/09/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Bldg & Safety 242.74 242.74 150303 02/09/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 199.12 199.12 150304 02/09/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW CIP 36.27 CITY VEHICLE MAINT SVCS:PW MAI 36.27 CITY VEHICLE MAINT SVCS:PW MAI 79.37 151.91 150305 02/09/2012 001171 ORIENTAL TRADING COMPANY Misc supplies:crc 60.50 60.50 INC 150306 02/09/2012 004538 PAULEY EQUIPMENT Misc rental equip:var park sites 362.74 362.74 COMPANY 150307 02/09/2012 012833 PC MALL GOV, INC. Misc supplies:infotech 132.53 132.53 150308 02/09/2012 014645 PEARMAN, LISA refund:sec dep:rm rental:TCC 150.00 150.00 150309 02/09/2012 006653 PLAYPOWER LT FARMINGTON play equip:rrsp 486.09 play equip:temeku hills park 363.38 849.47 150310 02/09/2012 010338 POOL & ELECTRICAL Misc supplies:cityfountains 126.43 126.43 PRODUCTS INC 150311 02/09/2012 005075 PRUDENTIAL OVERALL Jan floor mat & towel rentals:civic 396.68 396.68 SUPPLY 150312 02/09/2012 004529 QUAID TEMECULA Veh repair & maint:police 187.02 187.02 HARLEY-DAVIDSON 150313 02/09/2012 004457 R J NOBLE COMPANY Dec const:pavement rehab winchester rd Dec const:pavement rehab marg rd 303,412.50 950,271.92 1,253,684.42 Page:6 apChkLst Final Check List Page: 7 02/09/2012 4:14:29PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 150314 02/09/2012 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total Jan Floating meter- comm:PW 156.89 Jan var water meters:TCSD Fac Jan var water meters:TCSD & PW Jan Reclaimed Lscp:Wolf crk dr N Jan var water meters:TCSD svc Iev C Jan water meter:28640 Pujol St Jan var water meters:Fire Stns 150315 02/09/2012 014646 REDBOXAUTOMATED RETAIL refund:pd on closed bus lic 034429 L LC 150316 02/09/2012 003591 RENES COMMERCIAL Weed abatement:City's major arterials MANAGEMENT 2,625.67 1,430.30 101.38 11,293.20 7.11 468.05 16,082.60 35.00 35.00 8,750.00 8,750.00 150317 02/09/2012 002110 RENTAL SERVICE EQUIP RENTAL & MAINT:PW MAINT 62.82 CORPORATION DIV Equip rental & maint:pw maint div 28.63 150318 02/09/2012 002412 RICHARDS WATSON & Dec 2011 legal services 81,556.85 GERSHON 150319 02/09/2012 000353 RIVERSIDE CO AUDITOR Dec '11 parking citation assessments Nov '11 parking citation assessments 150320 02/09/2012 000418 RIVERSIDE CO CLERK & Ntc of exemption:Pavement Rehab Marg RECORDER 150321 02/09/2012 000411 RIVERSIDE CO FLOOD Nov '11 permit fees:Main Street Bridge CONTROL 150322 02/09/2012 000411 RIVERSIDE CO FLOOD Nov '11 pin ck fees/deposit:Roripaugh CONTROL 150323 02/09/2012 000411 RIVERSIDE CO FLOOD Nov '11 permit fees: Ped/Bicycle Bridge CONTROL 4,965.21 4,716.71 91.45 81,556.85 9,681.92 64.00 64.00 3,921.49 3,921.49 2,514.88 2,514.88 1,753.87 1,753.87 150324 02/09/2012 000406 RIVERSIDE CO SHERIFFS Ice rink grand opening patrol srvcs 565.36 565.36 DEPT 150325 02/09/2012 001365 RIVERSIDE COUNTY OF Jul -Sept '11 vector control services 3,791.46 3,791.46 150326 02/09/2012 013250 RIVERSIDE COUNTY OF, 7/14-12/8 guard & bailiff srvcs:youth 935.93 935.93 SHERIFF 150327 02/09/2012 014307 RUHSTRADT, DESIREE PERFORMANCE:THEATER 2/11/12 853.33 853.33 150328 02/09/2012 000277 S & S ARTS & CRAFTS INC Misc supplies:recreation pgrm 645.83 645.83 Page:7 apChkLst Final Check List Page: 8 02/09/2012 4:14:29PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 150329 02/09/2012 009196 SACRAMENTO THEATRICAL Misc Lighting Supplies: Theater LIGHTING 150330 02/09/2012 014635 SCHOOL SAFETY ADVOCACY school safety cf 7/23-27 Scanlon/Bowers COUNCIL 150331 02/09/2012 009213 SHERRY BERRY MUSIC 150332 02/09/2012 009746 SIGNS BY TOMORROW 150333 02/09/2012 014647 SMITH, CORINA 150335 02/09/2012 000537 SO CALIF EDISON 150336 02/09/2012 001212 SO CALIF GAS COMPANY 150337 02/09/2012 012652 SOUTHERN CALIFORNIA Amount Paid Check Total 229.55 229.55 850.00 850.00 Jazz @ the Merc 1/25/12 472.50 Jazz @ the Merc 2/2/12 315.00 787.50 JAN PUBLIC NTC POSTING XX -0212: 296.20 PLANNING Signs for Civic Center 271.12 refund:sec dep:rm rental:TCC 150.00 567.32 150.00 Jan 2-00-397-5067:TCSD svc lev C 2,016.65 Jan 2-29-295-3510:32211 Wolf vly rd 759.36 Jan 2-31-031-2590:28301 Rancho CaI 47.03 Jan 2-29-479-2981:31454 Tem pkwy T 105.95 Jan 2-05-791-8807:31587 Tem pkwy T 11,146.83 Jan 2-29-974-7899:26953 Ynez LS3 212.72 Jan 2-30-520-4414:32781 Tem pkwy L 803.52 Jan 2-00-397-5042:43200 Bus pk dr 993.70 Jan 2-20-798-3248:42081 Main St 820.26 Jan 2-27-805-3194:42051 Main St 3,046.13 Jan 2-28-629-0507:30600 Pauba Rd 5,301.61 Jan 2-29-953-8082:31523 Wolf vly rd 23.22 Jan 2-29-657-2563:42902 Butterfield 182.77 Jan 2-29-953-8249:46497 Wolf crk dr 24.21 Jan 2-31-404-6020:28771 OT Front St 1,805.97 Jan 2-02-502-8077:43210 Bus pk dr B 348.60 Jan 2-31-536-3226:28690 Mercedes 1,522.79 Jan 2-25-393-4681:41951 Moraga Rd 312.70 Jan 2-10-331-2153:28816 Pujol St 583.70 Jan 2-30-220-8749:45850 N Wolf crk d 505.78 Jan 2-29-953-8447:31738 Wolf vly rd 22.38 Jan 2-29-657-2332:45538 Redwood 22.90 Jan 2-02-351-5281:30875 Rancho vistE 3,582.37 Jan 2-30-066-2889:30051 Rancho vistE 22.16 Jan 2-31-936-3511:46488 Pechanga 45.28 Jan 2-25-350-5119:45602 Redhawk 22.03 Jan 2-29-458-7548:32000 Rancho CaI 311.26 34,591.88 Jan 091-085-1632-0:TES Pool 34.08 34.08 Feb gen usage:0141,0839,2593,9306 981.21 981.21 Page:8 apChkLst Final Check List Page: 9 02/09/2012 4:14:29PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150338 02/09/2012 005786 SPRINT Dec 26 - Jan 25 cellular usage/equip 4,949.63 4,949.63 150339 02/09/2012 000305 TARGET BANK BUS CARD 2 DIGITAL CAMERA'S: CODE ENF. 358.02 SRVCS Misc supplies: high hopes prgrm 95.02 Artist Hospitality: Theater 76.96 530.00 150340 02/09/2012 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:POLICE 507.05 507.05 L LC 150341 02/09/2012 011736 TEMECULA TROPHY INC Proclamation Holders: City Council 596.94 596.94 150342 02/09/2012 014649 TEMECULA VALLEY refund:snack bar deposit 200.00 200.00 150343 02/09/2012 009194 TEMECULA VALLEY NEWS Jan ad xx-144:Temecula Presents 143.20 Dec -Jan ad xx-134:Temecula Presents 143.20 286.40 150344 02/09/2012 014648 THE SPECIAL EVENT refund:sec dep:kitchen rental:TCC 150.00 150.00 150345 02/09/2012 012676 THERMAL SOLUTIONS INTL Thermal Zebra Printer Paper - Police 429.50 429.50 150346 02/09/2012 014650 TIME MACHINE USA refund:sec dep:rm rental:Harveston 200.00 200.00 150347 02/09/2012 010276 TIME WARNER CABLE Feb high speed internet:40135 Village Rd 224.95 Feb high speed internet:42081 Main St 58.49 283.44 150348 02/09/2012 000668 TIMMY D PRODUCTIONS INC Sound srvcs:tree lighting ceremony 12/1 325.00 325.00 150349 02/09/2012 007709 TOYOTA OF TEMECULA Veh repair & maint:planning dept 51.49 51.49 VALLEY 150350 02/09/2012 012344 TRANSPORTATION CONCEPTS Shuttle srvcs: Rod Run event 10/15/11 3,600.00 3,600.00 150351 02/09/2012 014651 TS72 MANAGEMENT LLC refund:40% ping appl:PA10-0213,0214 6,317.20 6,317.20 150352 02/09/2012 002702 U S POSTAL SERVICE Oct '11 postage meter deposit 1,888.84 1,888.84 150353 02/09/2012 004789 VERIZON Feb Internet svcs: Library 0.08 Feb SW DSL:PD:Jones, C. 39.95 40.03 150354 02/09/2012 014486 VERIZON WIRELESS 1/16-2/15 gen usage:Council,Police 741.21 Credit billing adj:lnv 1039699047 -430.99 310.22 Page:9 apChkLst Final Check List Page: 10 02/09/2012 4:14:29PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150355 02/09/2012 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:CITYWIDE 942.98 CLEANING SUPPLIES:CIVIC CENTEI 40.28 983.26 150356 02/09/2012 003730 WEST COAST ARBORISTS INC 1/1-15/12 tree trimming srvcs:pw maint 17,658.00 17,658.00 150357 02/09/2012 000621 WESTERN RIVERSIDE Jan '12 TUMF Payment 212,952.00 212,952.00 COUNCIL OF 150358 02/09/2012 008402 WESTERN RIVERSIDE Jan '12 MSHCP payment 46,512.00 46,512.00 COUNTY 150359 02/09/2012 000341 WILLDAN ASSOCIATES INC Dec engineering srvcs:pw traffic 560.00 Dec engineering srvcs:pw traffic 1,540.00 2,100.00 150360 02/09/2012 004567 WITCHER ELECTRIC Purch & install lighting sys:crc 3,800.00 3,800.00 150361 02/09/2012 006290 WOODCREST VEHICLE Veh repair & maint:police 249.23 249.23 CENTER 150362 02/09/2012 000348 ZIGLER, GAIL Reimb:Team PACE event 2/2 617.16 Reimb:team pace/benefit concert 95.08 712.24 150363 02/09/2012 014652 ZIMMERMAN, CARL refund:w/d permit appl B12-0003,0004 545.46 545.46 Grand total for UNION BANK OF CALIFORNIA: 1,957,138.68 Page:10 apChkLst Final Check List Page: 11 02109/2012 4:14:29PM CITY OF TEMECULA 139 checks in this report. Grand Total All Checks: 1,957,138.68 Page:11 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Robert C. Johnson, City Manager DATE: February 28, 2012 SUBJECT: Approval of Fiscal Year 2011-12 Mid -Year Budget Adjustments PREPARED BY: Genie Wilson, Director of Finance Heidi Schrader, Senior Management Analyst RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE FISCAL YEAR 2011-2012 ANNUAL OPERATING BUDGET 2. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS BACKGROUND: Each year, the City conducts a mid -year review of its operating budget. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the City maintains a prudent and healthy fiscal position. Finance Department staff has performed an analysis of revenues. All City departments have reviewed their operating budgets and have identified any material adjustments required. The mid -year budget review includes the General Fund, Gas Tax Fund, State Transportation Fund, Recovery Act Justice Assistance Grant (JAG) Fund, Energy Efficiency Conservation Block Grant (EECBG) Fund, Community Development Block Grant (CDBG) Fund, AB 2766 Fund, Law Enforcement Fund, Measure A Fund, Civic Center COPs Debt Service Fund, 2011 Financing Lease 2001 and 2008 COPs, and the Internal Service Funds. Activity in each of the funds is presented in accordance with the following schedules: Summary of Revenues, Expenditures, and Changes in Fund Balances Fiscal Year 2011- 12 Midyear Budget: Presents a summary of prior year and fiscal year 2011-12 to December 31, 2011 actual activity, as well as the fiscal year 2011-12 current and revised budget amounts. Also included is a schedule of beginning and estimated ending fund balance based upon the revised budget activity. Revenue Detail: Presents detail of prior year and fiscal year 2011-12 to December 31, 2011 actual revenues, as well as the fiscal year 2011-12 current and revised revenue estimates. GENERAL FUND: Revenues: The projected General Fund revenues reflect a $143,765 or .27% increase from the current budget. Significant Estimated Revenue adjustments are as follows: • Community Development — Net increase totaling $370,117 in permit fee activity for the following departments: Land Development - $399,470, Fire - $168,342 offset by a decrease of $197,695 in Building and Safety activity. This is due to an increase in projects including land development inspections for the new Temecula Hospital, as well as the Time Warner Services Building, Crowne Castle, and Paseo Del Sol Projects which are occurring earlier than anticipated; • Transient Occupancy Tax - A $242,359 increase due to increases in room rates and occupancy within Temecula; • Sales and Use Tax — Net increase of $758,811 from the State due to a $329,134 increase in the triple flip advance which is received from the State of California based on projected statewide increase in taxable sales. There is also a $429,677 increase in Sales and Use Tax revenue which is based on the sale of new motor vehicles, general consumer goods, lumber and building materials which are recovering from the economic downturn; • Motor Vehicle In Lieu — State of California - A $759,125 decrease in Motor Vehicle in Lieu - State of California which is the result of California Senate Bill 89 of 2011 which eliminates, effective July 1, 2011, Vehicle License Fee (VLF) revenue allocated under California Revenue and Taxation Code 11005 to cities. As a part of the Legislature's efforts to solve the state's budget problems, the bill shifted city VLF revenues to fund law enforcement grants that previously had been paid by a temporary state tax and — prior to that — by the state general fund. This is partially offset by an increase in Law Enforcement Grant Revenue as well as State funding of the Criminal Facilities Detention Fund which in turn reduces County Jail Booking fees; • Vehicle Code Fines — A $127,731 decrease due to a reduction in traffic citations written within the City as a result of a three month delay in the filling of a Motor Officer position due to personnel transfers; • Investment Interest — A decrease of $129,700 is due to a general downturn in the investment market; • Interest Earnings — RDA Loan Repayment — A decrease of $238,633 is due to the anticipated dissolution of the City's Redevelopment Agency as a result of State Legislation and the subsequent decision of the State Supreme Court; • Operating Transfers In Law Enforcement Fund— A net increase of $77,767 is due to California Senate Bill 89 of 2011 which shifted all City VLF revenues to Law Enforcement Grant Revenue resulting in a short term increase to the City's Supplemental Law Enforcement Services Grant; • Change in Fair Value of Investments — Decrease by $98,109 due to changes in the value of City owned investments caused by declining interest rates as well as declines in value as those investments reach maturity or are called. The remaining modifications represent minor adjustments to various revenue line items in the General Fund. Appropriations: A total reduction in appropriations of $670,956 or 1.3% from the current budget is requested. It is important to note that there will not be a reduction in essential public services that are provided to the community with these reductions. A summary of these appropriation adjustments are as follows: • City Manager — An increase of $18,356 due to addition of a Part Time Project Receptionist, as well as funding of a Management Analyst (previously unfunded Economic Development Analyst position) in the City Manager's Office and shifting the Assistant City Manager position to the Community Services District to fill a vacant position as the Executive Director of Community Services; • Economic Development — A decrease of $52,415 due to salary savings from the reorganization of the department reporting structure to the oversight of the Planning Director in Development Services; • City Clerk — An increase of $1,778 due to addition of a part time Office Aide to assist in transferring files to electronic documents in order to save on storage costs; • Finance — A decrease of $3,821 due to reduction of a part time Office Specialist position, which will be offset by a Part Time Project Office Technician to assist in the Cashier's Office; • Planning — A $183,979 increase which is primarily due to costs related to the Liberty Quarry project consultant experts, as well as elimination of one Assistant Planner position and an increase of two half time Associate Planner positions to full time; • Building and Safety - $62,323 decrease due to salary savings due to the elimination of the Assistant City Manager position, due to his promotion to City Manager; • Police Department - $91,800 decrease due to a reduction in booking fees as a result of the State funding the Criminal Detention Facilities fund as a result of California Senate Bill 89 of 2011 which shifted City VLF revenues to fund a portion of Law Enforcement Services; • Fire - $10,000 decrease due to anticipated savings in State Fire Contract costs; • Animal Control — An $80,000 reduction is due to construction contingencies that were liquidated at the completion of the construction of the new Animal Control Facility and used to pay a portion of the debt service payment this Fiscal Year; • Non -Departmental — A net reduction of $574,710 which reflects a reduction this Fiscal Year of the REST contribution due to Community Services savings in the prior Fiscal Year which led to excess fund balance. In addition, there is an increase in anticipated revenues and a reduction in expenditures for this Fiscal Year as well. These savings are partially offset by a $37,290 increase in Property Tax Administration costs as well as a $128,822 increase in Operating Transfers out due to the refinancing of the Civic Center COPs and the TCSD 2001 COPs which will lead to a significant reduction in interest costs and term although payments on an annual basis will increase; Gas Tax: Although there is significant fund balance in the Gas Tax fund, it is anticipated that work will begin on a Pavement Rehabilitation project this fiscal year. The funds will be appropriated once the Proposals have been received, costs evaluated, and a consultant contract is awarded. AB2 766 Fund: Increase of $3,000 to cover a portion of the costs of the Natural Gas fueled City trolley service. City 2008 COP's Debt Service Increase of $238,093 to cover the remaining costs related to the refinancing of the Certificates of Participation. 2011 Financing Lease 2001 & 2008 COPs: Increase of $688,461 to cover the remaining costs related to the refinancing of the 2001 and 2008 Certificates of Participation. Authorized Positions: There are two proposed position reductions to the Schedule of Authorized Positions as a result of functional reorganizations. The amended schedule is included as Exhibit D. There are 195 Authorized Positions, of which 43 are unfunded. FISCAL IMPACT: The proposed mid -year budget adjustments will result in an increase of $143,765 in General Fund Revenue and a decrease of $670,956 in General Fund Expenditures. This results in overall $1,411,889 Revenues over Expenditures. As a result, there is no plan to use any General Fund Reserves at this time for operating expenditures. ATTACHMENTS: 1. Resolution No. 12-_ Mid -Year Budget Amendment 2. Resolution No. 12- Schedule of Authorized Positions 3. FY 2011-12 Mid -Year Budget RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2011-12 ANNUAL OPERATING BUDGET THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the City maintains a prudent and healthy fiscal position. Section 2. That each year a mid -year review is conducted of City operating budgets. Section 3. That the mid -year review has been completed and the recommended adjustments are reflected in the attached schedules for the City's General Fund, Special Revenue and Internal Service Funds. Section 4. That the Fiscal Year 2011-12 General Fund Annual Operating Budget is hereby amended in accordance with the attached, hereto as Exhibit A, General Fund Mid -Year Budget. Section 5. That the Fiscal Year 2011-12 Gas Tax, State Transportation, Recovery Act JAG Funding, Energy Efficiency Conservation Block Grant, Community Development Block Grant, AB 2766, Law Enforcement, Measure A, Debt Service Fund — Civic Center COPs and 2011 Financing Lease 2001 and 2008 COPs Annual Operating Budget are hereby amended in accordance with the attached, hereto as Exhibit B, Gas Tax, State Transportation, Recovery Act JAG Funding, Energy Efficiency Conservation Block Grant, Community Development Block Grant, AB 2766, Law Enforcement, Measure A, Debt Service Fund — Civic Center COPs and 2011 Financing Lease 2001 and 2008 COPs Fund Mid -Year Budget. Section 6. That the Fiscal Year 2011-12 Internal Service Funds Budgets are hereby amended in accordance with the attached, hereto as Exhibit C, Internal Service Funds Mid -Year Budget. Section 7. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of February, 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 28th day of February, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Schedule of Authorized Positions, attached hereto, is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions shall become effective February 28, 2012, and may be, thereafter, amended. Section 3. The City Manager shall implement the attached Schedule of Authorized Positions and has the authority to select and appoint employees in accordance with the City's personnel policies. Section 4. All prior resolutions and parts of this resolution in conflict with this Resolution are hereby rescinded. Section 5. 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 28th day of February, 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 28th day of February, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk THE CITY 'ENECULA_; INC_ 1989 "OLD TRADITIONS, NEW OPPORTUNITIES" Exhibit A FY 2011-12 Mid -Year Budget General Fund THE £CULA INC. 1969 NEW n Summary of Revenues, Expenditures, and Changes in Fund Balances FY 2011-12 Mid -Year Budget 2010-11 2011-12 2011-12 2011-12 Proposed % Audited Current Year to Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 56,210,729 53,990,443 22,817,719 54,134,208 143,765 0.3% Expenditures by Dept: City Council 395,405 449,642 203561 449,642 0.0% Community Support 129,878 134,650 57,424 134,650 0.0% City Manager 1,341,835 1,545,282 675,146 1,563,638 18,356 1.2% Economic Development 781,048 733,249 318553 680,834 (52,415) -7.1% City Clerk 1,104,368 1,142,988 562232 1,144,766 1,778 0.2% City Attorney 906,667 821,300 388,031 821,300 - 0.0% Finance 2,134,051 2,244,070 1,073,396 2,240,249 (3,821) -0.2% Human Resources 539,305 585,271 292,970 585,271 - 0.0% Planning 1,241,365 1,779,310 722,374 1,963,289 183,979 10.3% Building & Safety 2,167,678 2,078,171 928,465 2,015,848 (62,323) -3.0% Land Development 1,261,480 1,140,885 553,675 1,140,885 0.0% Public Works 3,822,203 4,860,234 1,990,322 4,860,234 0.0% CIP Admin 2,175,423 2,238,698 1,119285 2,238,698 0.0% Police 20,926,405 21,461,442 10,411,704 21,369,642 (91,800) -0.4% Fire 4,160,971 4,450,282 2,179,946 4,440,282 (10,000) -0.2% Animal Control 344,083 409,160 95,154 329,160 (80,000) -19.6% Non -Departmental: Property Tax Admin 182,729 184,498 221,788 221,788 37,290 20.2% REST Contribution 5,391,147 6,807,103 3,663,479 6,207,103 (600,000) -8.8% Retiree Medical Contribution 327,040 327,040 154,088 315,040 (12,000) -3.7% Total Expenditures 49,333,081 53,393,275 25,611,593 52,722,319 (670,956) -1.3% Excess of Revenues Over (Under) Expenditures 6,877,648 597,168 2,793,874) 1,411,889 814,721 Operating Transfers Out: 2011 Financing Lease- 2001 & 2008 COPs - - (688,461) (688,461) Debt Service- Civic Center COPs (1,574,431) (1,578,738) (1,016,599) (1,019,099) 559,639 Bond Call CFD 88-12 (4,769,968) - - - - Total Revenues/Deficit over Debt Service 533,249 (981,570) (3,810,473) (295,671) 685,899 Pavement Management Program - (826,126) - (826,126) City and Parks Facility Improvements - (750,000) (70,982) (750,000) Transfer to Capital Improvement Fund (13,799,370) (936,215) (239,169) (936,215) Total CIP Transfers (13,799,370) (2,512,341) (310,151) (2,512,341) Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (13,266,121) (3,493,911) (4,120,624) (2,808,012) 685,899 THE £CULA INC. 1969 NEW n Summary of Revenues, Expenditures, and Changes in Fund Balances FY 2011-12 Mid -Year Budget 2010-11 2011-12 2011-12 2011-12 Proposed % Audited Current Year to Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Fund Balance, Beg. of Year 45,344,434 32,078,313 32,078,313 32,078,313 - 0.0% Revenues 56,210,729 53,990,443 22,817,719 54,134,208 143,765 0.3% Expenditures (49,333,081) (53,393,275) (25,611,593) (52,722,319) 670,956 -1.3% Operating Transfers Out: Bond Call CFD 88-12 (4,769,968) - - Debt Service - Civic Center COPs (1,574,431) (1,578,738) (1,016,599) (1,019,099) Debt Service - 2011 Financing Lease - - - (688,461) Transfer to Capital Improvement Fund (13,799,370) (936,215) (239,169) (936,215) Pavement Management Program (826,126) (826,126) City and Park Facilities Improvements (750,000) (70,982) (750,000) Estimated Budget Savings Fund Balance, End of Year 559,639 (688,461) 0.0% -35.4% 0.0% 0.0% 0.0% 0.0% 1,500,000 1,500,000 900,000 (600,000) -40.0% 32.078.313 30.084.402 29.457.689 30.170.301 85.899 0.3% Detail of Fund Balance: Reserved for long-term advance to RDA 468,199 - - - 0.0% Reserved for deposits and prepaid items 117,807 39,540 39,540 39,540 0.0% Reserved for inventory 3,058 3,058 3,058 3,058 0.0% Reserved for encumbrances 139,841 - - 0.0% Unreserved: Designated for economic uncertainty (20% of Appropriations) 10,642,975 10,678,655 10,678,655 10,544,464 (134,191) -1.3% Secondary designated fund balance reserve 9,608,580 8,295,511 7,668,798 8,515,601 220,090 2.7% Designated for comprehensive annual leave 1,460,068 1,429,853 1,429,853 1,429,853 0.0% Designated for Dutch Villages 150,000 150,000 150,000 150,000 0.0% Designated for future CIP: Various CIP Projects 564,030 564,030 564,030 564,030 0.0% Pavement Management 5,010,000 5,010,000 5,010,000 5,010,000 0.0% City and Park Facilities Improvements 750,000 750,000 750,000 750,000 0.0% Theater Construction 2,879,175 2,879,175 2,879,175 2,879,175 0.0% Designated for unrealized gains 284,580 284,580 284,580 284580 0.0% 32,078,313 30,084,402 29,457,689 30,170,301 85,899 0.3% SOLD TRADITIONS, NEW OPPORTUNITIES" Acct # 161 Planning General Fund Revenue Detail FY 2011-12 Mid -Year Operating Budget 190 GENERAL FUND FY 2011-12 FY 2010-11 YTO FY 2011-12 Mid Year Revenue 12/31/11 Budget Estimates $ CHANGE % CHANGE - Various - Grants 162 Building &Safety - Various 163 Land Development - Various 164 Public Works - NPDES Permit Fee 170 Police 4055 -Citations and Bookings 4044+4 -Miscellaneous 4067 -Vehicle Impound Fees 4076 -Reimbursements 4083+4 -Grants 171 Fire 593,619 299,512 660,219 660,219 0.00% 2,585 248,200 248,200 0.00% 1,295,002 534,461 1,331,607 1,133,912 (197,695) -14.85% 896,511 492,590 264,597 664,067 399,470 150.97% 4,541 752 3,276 3,276 0.00% 95,030 45,909 110,575 101,750 (8,825) -7.98% 104,294 50,589 113,565 101,180 (12,385) -10.91% 135,808 57,764 153,700 115,528 (38,172) -24.84% 140,516 80,058 102,500 160,116 57,616 56.21% 78,602 24,750 10,203 71,789 61,586 603.61% - Various 574,540 325,747 465,730 634,072 168,342 36.15% 4083 -Grants 37,003 13,039 - - 0.00% 199 Non -Departmental 4010 -Property Tax 4,658,241 2,580,665 4,790,858 4,790,858 0.00% 4012 -Property Tax (Unsecured) 225,449 233,892 264,425 264,425 0.00% 4013 -Supplemental Tax -AB 2345 108,403 42,140 42,140 0.00% 4016 -Property Transfer Tax 433,290 191,486 491,713 409,577 (82,136) -16.70% 4018 -Franchise Fees 3,219,084 1,182,369 3,366,101 3,392,096 25,995 0.77% 4020 -Transient Occupancy Tax 2,168,747 1,183,503 2,204,749 2,447,108 242,359 10.99% 4023 -Sales and Use Tax - Triple Flip 6,470,853 3,299,092 6,130,519 6,459,653 329,134 5.37% 4024 -Sales and Use Tax - State of Calif 18,624,314 6,197,660 19,102,828 19,532,505 429,677 2.25% 4025 -FEMA Grants 210,627 28,406 - 28,406 28,406 0.00% 4028 -Homeowner Property Tax Relief 73,793 11,536 74,582 76,906 2,324 3.12% 4043 -Motor Vehicle in Lieu -Triple Flip 5,940,244 2,977,581 5,980,044 5,940,244 (39,800) -0.67% 4046 -Motor Vehicle in Lieu- State of Calif 473,637 51,960 811,085 51,960 (759,125) -93.59% 4047 -Vehicle Code Fines 729,368 300,307 773,508 645,777 (127,731) -16.51% 4053 -Bids & Proposals 2,610 4,500 6,300 9,000 2,700 42.86% 4056 -Business Licenses 288,878 52,465 300,000 300,000 - 0.00% 4059 -Right of Way Advertising 25,810 34,830 40,680 67,380 26,700 65.63% Various -Miscellaneous 104,942 25,525 45,572 45,572 - 0.00% 4065 -Investment Interest 314,164 95,028 329,700 200,000 (129,700) -39.34% 4069 -Interest Eamings-RDA Loan Repayment 238,633 - 238,633 - (238,633) -100.00% 4076 -Reimbursements-Miscellaneous 463,073 35,088 42,000 66,000 24,000 57.14% 4076 -Reimbursements - Tribal Gaming Special Distribution Fund 185,000 - - 0.00% 4082 -Reimbursements - Redevelopment Agency 110,000 55,000 110,000 110,000 - 0.00% 4083 -Reimbursements-Capital lmp vmnt Prgrm 2,120,354 1,055,601 2,238,698 2,238,698 0.00% 4090 Operating Transfer In -Gas Tax 1,907,438 1,298,676 2,879,136 2,879,136 - 0.00% 4090 Operating Transfer In -Prop 42 199,880 - - 0.00% 4090 Operating Transfer In -Law Enforcement Fund 149,555 11,402 100,000 177,767 77,767 77.77% 4400 -Financing Reimbursement 175,000 81,500 163,000 163,000 0.00% 4545 -Change in Fair Value of Investments (245,299) (98,109) - (98,109) (98,109) 0.00% 4651 -Settlement 2,879,175 - - 0.00% TOTAL GENERAL FUND 56,210,729 22,817,719 53,990,443 54,134,208 143,765 0.27% THE CITY 'EMECULA-; INC_ 1989 "OLD TRADITIONS, NEW OPPORTUNITIES" Exhibit B FY 2011-12 Mid -Year Budget Gas Tax Fund State Transportation Fund Recovery Act JAG Fund Energy Efficiency Conservation Block Grant Fund CDBG Fund AB 2766 Fund Law Enforcement Fund Measure A Fund Debt Service Fund Certificates of Participation (CGPs) 2011 Financing Lease 2001 & 2008 COPs THE £CULA INC. 1989 VOID TRADITIONS, NEW OPPORTUNITIES" Gas Tax Fund 2010-11 2011-12 2011-12 2011-12 Proposed % Audited Currert Year to Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 2597,046 2501,233 1,313,660 2,687,419 86,186 3.3% Total Expendittres - - - - 0.0% Excess of Revenues Over (Under) Expenditures 2597,046 2501,233 1,313,660 2,687,419 86,186 3.3% Operating Transfers Out: To Vehicle and Equiment Fuld - (113,260) (113,260) (113,260) - 0.0% To General Fund (1507,438) (2579,136) (1,298,676) (2,879,136) - 0.0% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 689,608 (391,163) (98,276) (304,977) 86,186 -22.0% Fund Balance, Beg. of Year 322,042 1511,650 1,011,650 1,011,650 Fund Balance, End of Year 1511,650 620,487 913,374 706,673 THE 'ECUL INC. 1989 "OLD TRADITIONS, NEW OPPORTUNITIES" State Transportation Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Currert Year to Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 4,478 - - - 0.0% Total Expendittres - - - - 0.0% Excess of Revenues Over (Under) Expenditures 4,478 - - - 0.0% Operating Transfers Out: To General Fund To CIP Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (199,880) (1279,835) 0.0% 0.0% (1,475,237) - - - 0.0% Fund Balances, Beg. of Year 1475,237 Fund Balances, End of Year THE £CULA INC. 1989 TRADITIONS, NEW OPPORTUNITIES" Recovery Act JAG Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Currert Year to Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 23,517 73,104 15.215 73,104 - 0.0% Total Expenditures 23,517 73,104 15.215 73,104 - 0.0% Excess of Revenues Over (Under) Expenditures - - - - 0.0% Fund Balances, Beg. of Year - - - Fund Balances, End of Year - - - THE £CULA INC. 1989 ,VSA NEW OPPORTUNITIES" Energy Efficiency Conservation Block Grant Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 197,217 743483 4,816 743,483 0.0% Total Expenditures 11,183 303,741 2.579 303,741 0.0% Excess of Reverues Over(Under) Expenditures 186,034 439,742 2,237 439,742 0.0% Operating Transfers Out: CIP Fund (186,034) (439,742) (2,237) (439,742) 0.0% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out - - - - 0.0% Fui id Balances, Beg. of Year Fund Balances, End of Year THE 'ECUL INC. 1989 "OLD TRADITIONS, NEW OPPORTUNITIES" CDBG Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 468,997 1,025,788 70,459 1,025,788 - 0.0% Total Expenditures 44,607 45,310 7,260 45,310 - 0.0% Excess of Revenues Over(Under) Expenditures 424,390 980,478 63,199 980,478 - 0.0% Operating Transfers Out: CIP Fund (424,390) (980,478) (63,199) (980478) - 0.0% Excess of Reverues Over(Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year Fund Balances, End of Year 0.0% THE 'ECUL INC_ 1989 un' TRADITIONS, NEW OPPORTUNITIES" AB 2766 Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 119,102 129,557 39,150 129,057 (500) -0.40/0 Total Expenditures 10,000 24,000 1,636 27,000 3,000 12.5% Excess of Reverues Over(Under) Expenditures 109,102 105.557 37,514 102,057 (3,500) -3.30/0 Operating Transfers Out: ToCIPFund (651,216) (478,698) (651216) 0.0% To General Fuld (10.000) - - 0.0% Excess of Reverues Over(Under) Expenditures and Operating Transfers Out 99,102 (545,659) (441,184) (549,159) (3,500) 0.6% Fund Balances, Beg. of Year 541,637 640,739 640,739 640,739 Fund Balances, End of Year 640,739 95,080 199,555 91,580 THE £CULA INC. 1989 un' TRADITIONS, NEW OPPORTUNITIES" Law Enforcement Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 149,554 100,000 11402 177,767 77,767 77.8% Total Expenditures - - - 0.0% Excess of Revenues Over(Under) Expenditures 149,554 100,000 11402 177,767 77,767 77.8% Operating Transfers Out: To General Fuld (149,554) (100,000) (11402) (177,767) (77,767) 77.8% Excess of Reverues Over(Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year Fund Balances, End of Year 0.0% THE £CULA INC. 1989 "OLD TRADITIONS, NEW OPPORTUNITIES" Measure A Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 2,287497 2,222,503 926,155 2,301239 78,736 3.5% Total Expenditures 660,507 869,242 528,825 869242 - 0.0% Excess of Reverues Over(Under) Expenditures 1,626,990 1,353,261 397,330 1431,997 78,736 5.8% Operating Transfers Out: (177,625) (9,390,864) (2,724,369) (9,390,864) - 0.0% Excess of Revenues Over(Under) Expenditures and Operating Transfers Out 1,449,365 (8,037,603) (2,327,039) (7,958,867) 78,736 -1.0% Fund Balances, Beg. of Year 7,360,637 8,810,002 8,810,002 8,810,002 Fund Balances, End of Year 8,810,002 772,399 6,482,963 851,135 THE £CULA INC. 1969 TIONS, NEW OPPORTUNITIES" Debt Service Fund—Civic Center COPs 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Currert Year to Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 5,535 - 1,262 1,262 1,262 0.0% Total Expenditures 1577,288 24274,969 24,510,562 24,513,062 238,093 1.0% Excess of Revenues Over (Under) Expenditures (1,571,753) (24274,969) (24,509,300) (24,511,800) (236,831) 1.0% Operating Transfers In: 2011 Financing Lease (395) General Fund 22,696,231 22,696,231 22,696,231 - 0.0% 1.574.431 1,578,738 1,016,599 1,019,099 (559,639) 0.0% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 2,678 - (796470) (796,470) (796470) 0.0% Fund Balances, Beg. of Year 793,792 796,470 796,470 796,470 Fund Balances, End of Year 796,470 796,470 - THE £CULA INC. 1989 TIONS, NEW OPPORTUNITIES" Total Revenues Total Expenditures Excess of Revenues Over(Under) Expenditures Operating Transfers In/(Out): From General Fuld To 2001 COPs (TCSD) To 2008 COPs (City) 2011 Financing Lease 2001 & 2008 COPs 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) - 26,835,001 26,835,000 26,835,001 - 0.0% 208,779 198,764 897240 688461 329.8% - 26,626,222 26,636,236 25,937,761 (688,461) -2.6% - - 688,461 688,461 0.0% - (3,929,991) (3,929,991) (3,929,991) 0.0% - (22,696,231) (22,696,231) (22,696231) - 0.0% Excess of Reverues Over(Under) Expenditures and Operating Transfers !nand Out - 10,014 - - 0.0% Fund Balances, Beg. of Year Fund Balances, End of Year - 10,014 "OLD TRADITIONS, NEW Or ' s j THE £CULA INC. 1989 Special Revenue Funds -Revenue Detail Acct # 100 GAS TAX FUND 4065+4545 -Investment Interest 4700 -Gas Tax 2106 4701 -Gas Tax 2105 4702 -Gas Tax 2107 4704 -Gas Tax 2107.5 4706 -Gas Tax 2103 FY 2010-11 Revenue 2,299 331,851 538,841 719,656 10,000 994,399 TOTAL GAS TAX FUND 2,597,046 Acct # 101 STATE TRANSPORATION FUND 4065 -Investment Interest TOTAL STATE TRANSPORTATION FUND Acct # 130 RECOVERY ACT JAG FUND 4025 -JAG Grant TOTAL RECOVERY ACT JAG FUND FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates $ CHANGE % CHANGE 4,854 - 9,000 9,000 0.00% 148,750 365,000 282,175 (82,825) -22.69% 244,074 542,685 469,845 (72,840) -13.42% 356,755 732,419 672,316 (60,103) -8.21% 10,000 10,000 - 0.00% 559,227 951,129 1,244,083 292,954 30.80% 1,313,660 2,601,233 2,687,419 86,186 3.31% FY 2010-11 Revenue 4,478 4,478 FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates $ CHANGE % CHANGE 0.00% 0.00% FY 2010-11 Revenue 23,517 23,517 FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates $ CHANGE % CHANGE 15,215 73,104 73,104 - 0.00% 15,215 73,104 73,104 - 0.00% 131 ENERGY EFFICIENCY CONSERVATION FY 2010-11 Acct # BLOCK GRANT FUND Revenue 4025 Grants 197,217 TOTAL EECBG FUND 197,217 FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates $ CHANGE % CHANGE 52,530 743,483 743,483 - 0.00% 52,530 743,483 743,483 - 0.00% 140 COMMUNITY DEVELOPMENT BLOCK FY 2010-11 Acct # GRANT FUND Revenue 4081 -Community Development Block Grant 468,997 TOTAL CDBG FUND 468,997 Acct # 150 AB 2766 FUND 4048 -AB2766 Revenues 4065 -Investment Interest FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates $ CHANGE % CHANGE 70,459 1,025,788 1,025,788 - 0.00% 70,459 1,025,788 1,025,788 - 0.00% TOTAL AB2766 FUND Acct # 160 LAW ENFORCEMENT FUND 4065+4545 -Investment Interest 4085-AB3229 (COPS) TOTAL LAW ENFORCEMENT FUND Acct # 170 MEASURE A FUND 4065+4545 -Investment Interest 4725 -Measure A FY 2010-11 Revenue 113,568 5,534 119,102 FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates $ CHANGE % CHANGE 36,460 124,057 124,057 - 0.00% 2,690 5,500 5,000 (500) -9.09% 39,150 129,557 129,057 (500) -0.39% FY 2010-11 Revenue 18 149,536 149,554 FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates 11,4- 02 100,0- 00 177,7- 67 11,402 100,000 177,767 $ CHANGE % CHANGE 0.00% 77,7- 67 77.77% 77,767 77.77% FY 2010-11 Revenue 76,452 2,211,045 TOTAL MEASURE A FUND 2,287,497 FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates 36,915 77,600 70,000 889,240 2,144,903 2,231,239 926,155 2,222,503 2,301,239 $ CHANGE (7,600) 86,336 78,736 % CHANGE -9.79% 4.03% 3.54% "OLD TRADITIONS, NEW OPPORTUNITIES j THE £CULA INC. 1989 Special Revenue Funds—Revenue Detail FY 2010-11 Acct# 370 DEBT SERVICE FUND Revenue 4065 -Investment Interest 5,535 4090 -Operating Transfer In 1,574,431 TOTAL DEBT SERVICE FUND 1,579,966 FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates 1,262 - 1,262 23,712,830 24,274,969 23,715,330 23,714,092 24,274,969 23,716,592 $ CHANGE % CHANGE 1,262 0.00% (559,639) -2.31% (558,377) -2.30% FY 2010-11 Acct# .95 2011 FINANCING LEASE 2001 & 2008 COP: Revenue 4090 -Operating Transfer In 4810 -Financing Proceeds TOTAL DEBT SERVICE FUND FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates - 688,461 26,835,0- 00 26,835,001 26,835,001 $ CHANGE % CHANGE 688,461 0.00% 0.00% 26,835,000 26,835,001 27,523,462 688,461 2.57% THE CITY 'ENECULA_; INC_ 1989 "OLD TRADITIONS, NEW OPPORTUNITIES" Exhibit C FY 2011-12 Mid -Year Budget Internal Service Funds THE ECULA INC. 1989 TIONS, NEW n I Sn Insurance Fund Summary of Revenues, Expenditures, and Changes in Net Assets 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 870,715 908,900 426,575 908,900 - 0.0% Total Expenses 790,676 908,949 417,753 908,949 - 0.0% Excess of Reverues Over(Under) Expenses 80,039 (49) 8,822 (49) - 0.0% Net Assets, Beg. of Year 500,221 580,260 580,260 580,260 Net Assets, End of Year 580,260 580,211 589,082 580,211 THE £CULA INC. 1989 TIONS, NEW n I Sn Vehicles and Equipment Fund Summary of Revenues, Expenditures, and Changes in Net Assets Total Revenues Total Expenses Excess of Revenues Over(Under) Expenses Operating Transfers In (out): Gas Tax Fund Excess of Revenues and operating Transfers Over (Under) Expendittres Net Assets, Beg. of Year Net Assets, End of Year 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) 45,357 229,600 132,488 229,600 - 0.0% 260,938 208,706 120,382 208,706 - 0.0% (215,581) 20,894 12,106 20,894 - 0.0% 113,260 113,260 113,260 - 0.0% (215,581) 134,154 125,366 134,154 1,875,081 1,659,500 1,659,500 1,659,500 1,659,500 1,793,654 1,784,866 1,793,654 THE £CULA INC. 1969 TIONS, NEW n IES" Information Technology Fund Summary of Revenues, Expenditures, and Changes in Net Assets Total Revenues Total Expenses Excess of Revenues Over(Under) Expenses Net Assets, Beg. of Year 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) 2,144,039 2,099,000 913,514 2,099,000 - 0.0% 2,123,305 2,099,552 890,213 2,099552 - 0.0% 20,734 (552) 23,301 (552) - 0.0% 713,386 734,120 734,120 734,120 Net Assets, End of Year 734,120 733,568 757,421 733568 THE £CULA INC. 1989 TIONS, NEW n I Sn Support Services Fund Summary of Revenues, Expenditures, and Changes in Net Assets Total Revenues Total Expenses Excess of Reverues Over(Under) Expenses Net Assets, Beg. of Year 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) 432,746 450,800 190,539 450,800 - 0.0% 404,852 415,336 185,439 415,336 - 0.0% 27,894 35,464 5,100 35,464 - 0.0% 306,691 334,585 334,585 334,585 Net Assets, End of Year 334,585 370,049 339,685 370,049 THE £CULA INC. 1989 TIONS, NEW n I Sn Facilities Fund Summary of Revenues, Expenditures, and Changes in Net Assets Total Revenues Total Expenses Excess of Reverues Over(Under) Expenses Net Assets. Beg. of Year 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Yearto Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) 835,116 1,442,300 603,791 1,442,300 - 0.0% 804,652 1400,498 586,777 1,400498 - 0.0% 30,464 41,802 17,014 41,802 193,091 223,555 223,555 223,555 Net Assets, End of Year 223,555 265,357 240,569 265,357 0.0% TIONS, NEW OPPORTUNITIES THE £CULA INC. 1969 Internal Services Funds -Revenue Detail FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Acct# 300 INSURANCE FUND Revenue 12/31/11 Budget Estimates $ CHANGE '/o CHANGE 4065+4545 -Investment Interest 6,719 2,607 8,700 8,700 0.00% 4076 -Charges for Services 862,796 413,118 900,200 900,200 0.00% 4086 -Special Event Insurance Fees 1,200 850 0.00% 4095 -Claims Recovery - 10,000 0.00% TOTAL INSURANCE FUND 870,715 426,575 908,900 908,900 0.00% FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Acct# 310 VEHICLES AND EQUIPMENT FUND Revenue 12/31/11 Budget Estimates $ CHANGE '/o CHANGE 4065+4545 -Investment Interest 9,567 4,252 9,800 9,800 0.00% 4076 -Charges for Services 27,091 128,236 219,800 219,800 0.00% 4090 -Operating Transfers In -Gas Tax Fund - 113,260 113,260 113,260 0.00% 4550 -Gain on Disposal of Assets 8,699 0.00% TOTAL VEHICLES AND EQUIPMENT FUND 45,357 245,748 342,860 342,860 0.00% FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Acct# 320 INFORMATION TECHNOLOGY FUND Revenue 12/31/11 Budget Estimates $ CHANGE '/o CHANGE 4065+4545 -Investment Interest 4,585 2,170 4,500 4,500 0.00% 4076 -Charges for Services 2,139,454 911,344 2,094,500 2,094,500 0.00% TOTAL INFO TECHNOLOGY FUND 2,144,039 913,514 2,099,000 2,099,000 0.00% FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Acct# 330 SUPPORT SERVICES FUND Revenue 12/31/11 Budget Estimates $ CHANGE '/o CHANGE 4065+4545 -Investment Interest 3,264 1467 3,300 3,300 0.00% 4076 -Charges for Services 429,482 189,072 447,500 447,500 0.00% TOTAL SUPPORT SERVICES FUND 432,746 190,539 450,800 450,800 0.00% FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Acct# 340 FACILITIES FUND Revenue 12/31/11 Budget Estimates $ CHANGE '/o CHANGE 4065+4545 -Investment Interest 1,755 681 1,800 1,800 0.00% 4076 -Charges for Services 833,361 603,110 1,440,500 1,440,500 0.00% TOTAL FACILITIES FUND 835,116 603,791 1,442,300 1,442,300 0.00% THE CITY 'EMECULA-; INC_ 1989 "OLD TRADITIONS, NEW OPPORTUNITIES" Exhibit D FY 2011-12 Mid -Year Budget Schedule of Authorized Positions THE £CULA INC_ 1989 s" Schedule of Authorized Positions City of Temecula FY 11/12 FY'11112 Exe mptf Non - Minimum Maximum Exempt Administrative Services CENTRAL SERVICES COORDINATOR CENTRAL SERVICES SUPERVISOR COMMUNITY DEVELOPMENT TECH DEPUTY CITY MANAGER DEPUTY DIR OF SUPPORT SERVICES OFFICE ASSISTANT - AM OFFICE ASSISTANT - PM HUMAN RESOURCES ANALYST OFFICE SPECIALIST - HR SENIOR HR ANALYST ACCOUNTING ASSISTANT ACCOUNTING MANAGER ACCOUNTING SPECIALIST ACCOUNTING SPECIALIST -PAYROLL ACCOUNTANT ASSISTANT DIRECTOR OF FINANCE BUSINESS LICENSE SPEC/CASHIER PURCHASING COORDINATOR II SENIOR DEBT ANALYST 1.0 1.0 1.0 1.0 1.0 0.5 0.5 1.0 1.0 1.0 1.0 1.0 3.0 1.0 1.0 1.0 2.0 1.0 1.0 3,075.11 3,935.27 NE 3,602.18 4,640.01 NE 3,734.60 4,782.64 NE 11,369.94 15,825.00 E 6,531.09 9,198.47 E 2,506.35 3,208.03 NE 2,506.35 3,208.03 NE 5,210.81 7,336.29 E 2,703.18 3,459.82 NE 5,731.00 8,071.18 E 2,983.08 3,817.68 NE 6,330.43 8,914.73 E 3450.85 4,414.55 NE 3450.85 4,855.51 NE 4,612.66 5,904.81 NE 8,053.28 11,340.32 E 3,084.05 3,948.04 NE 3,790.21 4,882.21 NE 6,330.43 8,914.73 E Administrative Services Subtotals: 21.0 Building & Safety ADMINISTRATIVE ASSISTANT 1.0 3,583.79 4,587.09 NE BUILDING INSPECTOR II 7.0 4,518.06 5,783.40 NE BUILDING INSPECTOR III 1.0 4,889.99 6,260.13 NE BUILDING OFFICIAL 1.0 8,089.35 11,462.00 E CODE ENFORCEMENT OFFICER 2.0 4,328.91 5,541.83 NE CODE ENFORCEMENT OFFICER II 2.0 4,763.47 6,096.53 NE OFFICE ASSISTANT 1.0 2,506.35 3,208.03 NE OFFICE SPECIALIST 1.0 2,703.18 3,459.82 NE PARK RANGER 2.0 3,848.75 4,927.13 NE PLAN CHECK COORDINATOR 1.0 5,194.03 6,690.51 NE SENIOR OFFICE SPECIALIST 1.0 3,084.05 3,948.04 NE Building & Safety Subtotals: 20.0 City Cleric ADMINISTRATIVE ASSISTANT CITY CLERK OFFICE ASSISTANT OFFICE SPECIALIST RECORDS MANAGER 1.0 1.0 1.0 2.0 1.0 3,583.79 4,587.09 NE 8,494.24 11,959.16 E 2,506.35 3,208.03 NE 2,703.18 3,459.82 NE 4,681.85 6,633.82 E City Clerk Subtotals: 6.0 THE £CULA INC. 1989 TIONS, NEW n" S" Schedule of Authorized Positions City of Temecula FY 11112 FY '11112 Exe mptl No n - Minimum Maximum Exempt City Council COUNCILMEMBER 50 000 860 00 E City Council Subtotals: 5.0 City Manager ADVISOR TO THE CITY MANAGER CITY MANAGER EXECUTIVE ASSISTANT MANAGEMENT ANALYST 1.0 0.00 24,297.62 E 1.0 0.00 17,916.66 E 1.0 4,735.36 6,667.84 E 1.0 5,731.00 8,071.18 E City Manager Subtotals: 4.0 Community Services ADMINISTRATIVE ASSISTANT ADMINISTRATIVE ASSISTANT (CM) AQUATICS SUPERVISOR COMMUNITY SVCS SUPERINTENDENT CULTURAL ARTS ADMINISTRATOR DEPUTY DIRECTOR, COMM. SERVICES EXECUTIVE DIRECTOR, COMMUNITY SERVICES HUMAN SERVICES/TEEN MANAGER MUSEUM SERVICES MANAGER OFFICE SPECIALIST PATRON SERVICES COORDINATOR RECREATION SUPERINTENDENT RECREATION SUPERVISOR SENIOR MANAGEMENT ANALYST SENIOR RECREATION COORDINATOR THEATER TECHNICAL COORDINATOR THEATER TECHNICAL SUPERVISOR THEATRE MANAGER 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 2.0 1.0 1.0 3.0 2.0 2.0 1.0 1.0 1.0 3,583.79 4,587.09 NE 3,583.79 5,045.93 NE 4,441.39 5,684.98 NE 6,836.54 9,626.63 E 6,817.37 9,601.08 E 8,126.15 11,441.29 E 11,490.10 15,825.00 E 5,103.70 7,184.57 E 4,565.38 5,846.02 NE 2,703.18 3459.82 NE 3,806.18 4,869.55 NE 6,817.37 9,601.08 E 4,441.39 5,684.98 NE 6,330.43 8,914.73 E 3,990.22 5,106.00 NE 3,806.18 4,869.55 NE 3,990.22 5,106.00 NE 5,506.04 7,752.97 E Comm unity Services Subtotals: 24.0 Strategic Budgeting & Operations ADMINISTRATIVE ASSISTANT 1.0 3,583.79 4,587.09 NE DIRECTOR OF FINANCE 1.0 10,142.97 14,281.46 E FISCAL SERVICES MANAGER 1.0 7,071.71 9,957.66 E REVENUE MANAGER 1.0 6,330.43 8,914.73 E SENIOR MANAGEMENT ANALYST 1.0 6,330.43 8,914.73 E Strategic Budgeting & Operations Subtotals: 5.0 THE £CULA INC. 1989 TIONS, NEW n I Sn Schedule of Authorized Positions City of Temecula FY 11112 FY 11112 Exe mptf No n - Minimum Maximum Exempt Fire ADMINISTRATIVE ASSISTANT OFFICE SPECIALIST PUBLIC WORKS INSPECTOR SENIOR OFFICE SPECIALIST 1.0 1.0 1.0 1.0 3,583.79 2,703.18 4,555.15 3,084.05 4,587.09 3459.82 5,830.69 3,948.04 NE NE NE NE Fire Subtotals: 4.0 Information Technology ADMINISTRATIVE ASSISTANT DEPUTY DIR OF INFO TECHNOLOGY DIRECTOR OF INFORMATION TECHNOLOGY GIS ADMINISTRATOR GIS ANALYST I.S. ADMINISTRATOR INFORMATION TECHNOLOGY SPECIALIST SR. GIS PROGRAMMER SR. I.T. SPECIALIST WEBMASTER 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 3,583.79 4,587.09 NE 6,836.54 9,626.63 E 8,494.24 11,959.16 E 5,853.69 8,239.90 E 4,456.73 5,705.66 NE 5,853.69 8,239.90 E 4,794.15 6,137.42 NE 5,258.09 6,729.18 NE 5,258.09 6,729.18 NE 4,456.73 5,705.43 NE Information Technology Subtotals: 11.0 Planning ADMINISTRATIVE ASSISTANT ASSISTANT PLANNER ASSOCIATE PLANNER CITY PLANNER/DIRECTOR OF PLAN/RDA. COMMUNITY DEVELOPMENT TECH DEVELOPMENT PROC. COORDINATOR ECON. DEVELOPMENT ANALYST 1 OFFICE ASSISTANT PRINCIPAL PLANNER SENIOR OFFICE SPECIALIST SENIOR PLANNER 1.0 1.0 3.0 1.0 2.0 1.0 1.0 1.0 1.0 1.0 1.0 3,583.79 4,587.09 NE 4,636.94 5,936.77 NE 5,259.38 6,730.47 NE 10,142.97 14,281.46 E 3,734.60 4,782.64 NE 4,764.74 6,099.08 NE 5,389.75 7,588.08 E 2,506.35 3,208.03 NE 7,636.64 10,752.16 E 3,084.05 3,948.04 NE 6,642.28 9,351.84 E Planning Subtotals: 14.0 THE £CULA INC. 1989 It Schedule of Authorized Positions City of Temecula FY 11 !12 FY 11112 Exe mptl N on - Minimum Maximum Exempt ADMINISTRATIVE ASSISTANT ASSISTANT ENGINEER ASSISTANT SIGNAL TECHNICIAN ASSOCIATE ENGINEER CITY ENGINEER COMMUNITY DEVELOPMENT TECH CONSTRUCTION MANAGER CUSTODIAN FACILITY SERVICES MANAGER JUNIOR ENGINEER LANDSCAPE INSPECTOR LEAD MAINTENANCE WORKER MAINTENANCE SUPERINTENDENT MAINTENANCE SUPERVISOR MAINTENANCE WORKER MANAGEMENT ANALYST OFFICE ASSISTANT OFFICE SPECIALIST PARK/LANDSCAPE MAINT SUPV PRINCIPAL ENGINEER PUBLIC WORKS DIRECTOR PUBLIC WORKS INSPECTOR SENIOR ENGINEER SENIOR LANDSCAPE INSPECTOR SENIOR OFFICE SPECIALIST SENIOR PUBLIC WORKS INSPECTOR SENIOR SIGNAL TECHNICIAN SPECIAL PROJECTS ENGINEER SR. CIP SPECIALIST 1.0 7.0 1.0 10.0 1.0 1.0 1.0 3.0 1.0 1.0 2.0 8.0 2.0 2.0 10.0 1.0 2.0 4.0 1.0 2.0 1.0 2.0 4.0 1.0 1.0 3.0 1.0 1.0 1.0 3,583.79 5,182.68 3,756.33 6,095.25 10,142.97 3,734.60 6,203.03 2,682.73 4,565.38 4,028.57 3,806.18 3,756.33 6,459.51 5,258.09 3,190.14 5,731.00 2,506.35 2,703.18 5,258.09 8,186.21 10,552.75 4,555.15 7,186.75 4,373.66 3,084.05 5,237.65 5,258.09 6,095.25 4,527.13 4,587.09 6,637.17 4,805.65 7,801.51 14,281.46 4,782.64 8,210.50 3,434.26 5,846.02 5,157.12 4,869.55 4,805.65 9,095.29 7,402.74 4,083.52 8,071.18 3,208.03 3,459.82 7,402.74 11,525.88 14,858.43 5,830.69 10,119.97 5,599.34 3,948.04 6,704.90 6,729.18 7,801.51 5,795.28 NE NE NE E E NE E NE NE NE NE NE E E NE E NE NE E E E NE E NE NE NE NE E NE Public Works Subtotals: 76.0 Redevelopment ADMINISTRATIVE ASSISTANT 1.0 3,583.79 4,587.09 NE ASSISTANT PLANNER 1.0 4,636.94 5,936.77 NE ASSOCIATE PLANNER 1.0 5,259.38 6,730.47 NE MANAGEMENT ANALYST 1.0 5,731.00 8,071.18 E SENIOR PLANNER 1.0 6,642.28 9,351.84 E Redevelopment Subtotals: 5.0 EMECU1LA INC_ 1989 "OU) TRADITIONS, NEW OPPORTUNITIES" Schedule of Authorized Positions Totals: Adninistrative Services 21.0 Building & Safety 20.0 CityClerk 6.0 CityCouncil 5.0 CityManager 4.0 CormunityServices 24.0 Strategic Budgeting & Operations 5.0 Fire 4.0 Information Technology 11.0 Planning 14.0 Public Works 76.0 Redevelopment 5.0 ' Total of Authorized Positions: 195.0 Item No. 5 Approvals City Attorney Director of Finance ikA City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Steve Gallegos, Fire Chief DATE: February 28, 2012 SUBJECT: Third Amendment to the Agreement with Proactive Fire Design, Inc. PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: Approve the third amendment to the annual agreement with ProActive Fire Design, Inc. in the amount of $40,000 for fiscal year 2011/2012 Fire Department Plan Review Service. BACKGROUND: On July 1, 2010, the City Manager approved an agreement for $30,000 with ProActive Fire Design, Inc., a fire protection consulting company that performs plan review service for the Fire Department on an as needed basis. Plan check service is utilized when fire prevention staff experiences an increased level of applications that exceed their ability to process plan submittals within acceptable timeframes. On January 25, 2011, the City Council approved the first amendment to the agreement which increased the amount from $30,000 to $59,000. The increase allowed the Fire Department to continue to provide timely turn around times on plan review service through the end of fiscal year 2010/2011. On July 1, 2011 the City Council approved the second amendment to renew the annual agreement in the amount of $60,000 for fiscal year 2011/2012, based upon the original agreement allowing four additional one year extentions. The Fire Department has been experinceing an upturn in plan submittals this fiscal year. With the increase in submittals there is less staff time to complete all plan reviews, inspections and daily activity. In order to continue to provide quality plan review service in a timely manner and still meet the day to day needs within the office, staff is recommending an increase in our consultant agreement with Proactive Fire Design, Inc in the amount of $40,000 for the balance of fiscal year 2011/2012. FISCAL IMPACT: Adequate funds availabe with offsetting revenue. ATTACHMENTS: Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PROACTIVE FIRE DESIGN, INC. FIRE DEPARTMENT PLAN REVIEW SERVICE THIS Third AMENDMENT is made and entered into as of February 28, 2012 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Proactive Fire Design, Inc. 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 July 1, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Review Service", in the amount of $30,000.00. b. On January 25, 2011, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Fire Department Plan Review Service," to increase the payment in the amount of $29,000.00. c. On July 1, 2011, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Fire Department Plan Review Service," to extend the term of the agreement to June 30, 2012 and increase the payment in the amount of 60,000.00 for a total of $119,000.00. d. The parties now desire to increase the payment in the amount of $40,000.00 for a total contract amount of $159,000.00 and amend the Agreement as set forth in this Amendment. 2. Section 4. of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed Forty Thousand Dollars and No Cents ($40,000.00), for additional Fire Department Plan Review Service for a total Agreement amount of One Hundred Fifty Nine Thousand Dollars and No Cents ($159,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Proactive Fire Design, Inc. (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 ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Don Walton, President Jo Marie Walton, Secretary Proactive Fire Design, Inc Don Walton 45686 Hopactong Street, Temecula CA 92592 951-695-3539 Proactive.fd(o)veri zo n.net 2 PM Initials: /� Q Date: J/ v Item No. 6 Approvals City Attorney Director of Finance City Manager /40 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: February 28, 2012 SUBJECT: Right of Entry Agreement for Environmental Mitigation for French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements, Project No. P W 02-11 PREPARED BY: Avlin R. Odviar, Senior Engineer - CIP William Becerra, Associate Engineer - C I P RECOMMENDATION: Approve, in substantially the form attached, the Right of Entry Agreement with the Navy Federal Credit Union. BACKGROUND: On February23, 2010, the City Council adopted Resolution Number 10-14 to approve the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements, Project No. PW02-11 and adopt the Mitigated Negative Declaration. The City, in conjunction with the resource agencies, selected an appropriate mitigation site to implement measures necessary to offset impacts to riparian habitats. The site is located along the northern bank of Temecula Creek, approximately Y mile west of Pechanga Parkway. Design of the mitigation site and preparation of the construction plans, specifications, and estimate is nearing completion. Based on the existing terrain and vegetation in the vicinity of the mitigation site, it has been determined that temporary construction access across an adjacent parcel owned by the Navy Federal Credit Union (NFCU) would be beneficial during construction. City staff engaged representatives of the NFCU and developed the attached Right of Entry Agreement. Approval of this agreement will facilitate the installation of the 2.73 acre creation site required for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Project. FISCAL IMPACT: There is no cost associated with the approval of this Right of Entry Agreement. The construction, maintenance and monitoring of the site will be done by a separate action of the City Council or the City Manager as appropriate at a future date. ATTACHMENTS: 1. Right of Entry Agreement 2. Location Map RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement, dated as of February 28, 2012 (the "Right of Entry Agreement"), between NAVY FEDERAL CREDIT UNION, a federally chartered credit union ("OWNER") and the CITY OF TEMECULA, a municipal corporation("CITY"). RECITALS A. CITY is a municipal corporation. B. OWNER is the owner of certain property known as Assessor Parcel Number 961- 410-008, located adjacent to Temecula Parkway, Temecula, California (the "Subject Property"), shown and depicted on the map attached hereto as Exhibit "A," and by this reference made a part of this Right of Entry Agreement. C. CITY seeks entry upon the Subject Property to access an adjacent site for purposes of constructing improvements made necessary by the French Valley Parkway Environmental Mitigation, Project No. PW02-11EM (the "City Work"). The nature and scope of activities reasonably necessary to accomplish the City Work may include temporary access across an existing landscaped slope and construction vehicle parking located on a portion of the Subject Property. Exhibit "A" depicts the locations on the Subject Property over which CITY may have access for these purposes. NOW, THEREFORE, for and in consideration of foregoing premises, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, OWNER and CITY do hereby covenant and agree as follows: 1. OWNER hereby grants to CITY and its contractors, agents and assigns, temporary permission to enter upon the Subject Property for the purposes and subject to the terms, conditions and restrictions set forth in this Right of Entry Agreement. 2. CITY's activities on the Subject Property, and the permission of entry onto the Subject Property as set forth in this Right of Entry Agreement, shall be subject to five (5) days' prior written notice by CITY to OWNER of its intention to exercise the right of entry set forth herein (such date of exercise, the "Commencement Date") by letter and/or email to Navy Federal Credit Union, Attn: Sammy Suleiman, 820 Follin Lane, Vienna, VA 22180, (703) 206-2249. The Commencement Date is expected to occur on or about September 17, 2012. 3. CITY is in the process of retaining a qualified contractor to perform the City Work. CITY shall notify OWNER of the name of such contractor when a contract has been approved by CITY. 11086-00011766293v1.doc -1- 4. The Subject Property is being provided by OWNER on an "as is" basis. CITY shall be responsible for all costs related to the City Work on the Subject Property pursuant to this Right of Entry Agreement. 5. In performing the City Work, CITY shall, and shall cause its contractors, agents and assigns to, minimize any disturbance to the Subject Property and to replace and/or restore any damage or disturbance caused by the City Work. In the event that the Subject Property is damaged or disturbed for any reason as a result of the City Work or the entry on the Subject Property pursuant to this Right of Entry Agreement, CITY shall, at its sole expense, restore, to the extent reasonably possible and before the expiration of this Right of Entry Agreement, the Subject Property to as close to its original condition as possible. 6. CITY acknowledges OWNER will be constructing a new branch facility on the Subject Property (the "Branch Construction") at the same time as CITY's performance of the City Work. CITY agrees to fully cooperate with OWNER's contractor by (a) coordinating all of CITY'S activities on the Subject Property with OWNER and OWNER'S contractor, including the timing and staging of the City Work and (b) providing OWNER with CITY's construction schedule as soon as it becomes available. The construction schedule is expected to be complete within ten (10) business days after award of the construction contract to CITY's contractor. 7. CITY's activities shall not unreasonably interfere with OWNER's Branch Construction. In the event that CITY'S activities unreasonably interfere with OWNER'S Branch Construction, OWNER may require CITY and its contractors, agents and assigns to immediately cease all activities on the Subject Property until such time as CITY is able to remedy such interference. If CITY cannot remedy such unreasonable interference, or if such interference is of a persistent and material nature, OWNER may terminate this Right of Entry Agreement by providing three (3) days' notice to CITY. 8. CITY's construction activities on the Subject Property shall be performed during regular business hours, Monday through Friday, specifically between the hours of 7:00 AM and 4:00 PM. 9. CITY's activities on the Subject Property shall be completed and accomplished within sixty (60) days from the Commencement Date (the "Term"). If the Commencement Date occurs after September 17, 2012 due to an unforeseen delay by CITY, OWNER agrees to consider accommodating CITY's delayed entry by adjusting the Term accordingly; provided, however, that such delay shall not otherwise alter the provisions of this Right of Entry Agreement. 10. CITY acknowledges that OWNER may be present for observation during any activities on the Subject Property described herein. However, OWNER shall not materially interfere with the performance of the City Work, except as otherwise permitted by this Right of Entry Agreement. 11. CITY shall prevent access by the general public onto the portion of the Subject Property subject to this right of entry through the use of cones, barricades, or other similar devices. 11086-00011766293v1.doc -2- 12. CITY and its contractors shall indemnify, defend and hold harmless OWNER and its agents, employees, officers and directors from any and all claims, demands, obligations, losses, fines, penalties, liabilities, damages (including consequential damages), costs, expenses, and suits, including, without limitation, reasonable attorneys' fees and costs of defense, imposed upon, incurred by or asserted against OWNER or its agents, employees, officers and directors, arising out of or in any way connected with CITY's, or CITY's agents', employees', contractors' or consultants', entry on and use of the Subject Property, including, without limitation, claims for personal injury and property damage. 13. CITY's contractor shall provide proof of insurance to OWNER in minimum amounts of $1,000,000 single occurrence and $2,000,000 in the aggregate, and OWNER shall be listed as an additional insured for the time period CITY or its contractors, agents and assigns shall be present on the Subject Property. 14. If not sooner terminated pursuant to paragraph 7 above, this Right of Entry Agreement shall expire and terminate automatically, without further action by either party, upon the earlier to occur of (i) completion of the City Work or (ii) sixty (60) days from the Commencement Date. Any rights CITY may have to enter upon the Subject Property for any purpose shall expire and terminate at said time and date. CITY shall provide notice of completion of the City Work to OWNER within three (3) business days after its completion. 15. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California. 16. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. 11086-00011766293v1.doc -3- OWNER Navy Federal Credit Union, a federally chartered credit union Dated: City of Temecula, a municipal corporation: By: Title: Dated: By: Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: Peter M. Thorson, City Attorney 11086.00011766293v1.doc -4- THE CITY OF TEMECULA "Old Traditions, New Opportunities" 0 Exhibit A Area of Access Environmental Mitigation Site 180 360 540 ft. Map center: 6295254, 2117572 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 Aerial 2011 Transparent Streets Parcels Scale: 1:1,897 • Offsite Mitigation Site (2.73 Acres) D Parcel No. 9614.40007 0 Parcel No. 961440012 Offsite Mitigation Site Location French Valley Parkway interchange Project " 150 0 300 Feet I-5...”)...}.611Art.t.92.,hestrtgoeun 03.4 Item No. 7 Approvals City Attorney Director of Finance City Manager fkAi CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: February 28, 2012 SUBJECT: License Agreement between Riverside County Flood Control and Water Conservation District (RCFC & WCD) and the City of Temecula for the Main Street Bridge Replacement, Project No. PW03-05 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar Associate Engineer - CIP RECOMMENDATION: Approve, in substantially the form attached, the License Agreement between the Riverside County Flood Control and Water Conservation District(RCFC &WCD) and the City of Temecula for the Main Street Bridge Replacement Over Murrieta Creek, Project No. PW 03-05. BACKGROUND: The Main Street Bridge Replacement Over Murrieta Creek Project is fully designed. Staff has been working with the various resource agencies to obtain the necessary permits to construct the project. At this time, all environmental permits have been obtained. In addition, since some of the construction will be done on RCFC &WCD property, an Encroachment Permit is required. Approval of the License Agreement is required to obtain the Encroachment Permit. FISCAL IMPACT: The Main Street Bridge Replacement Over Murrieta Creek project is included in the City's Fiscal Year 2012-16 Capital Improvement Program (CIP) and is funded with Developer Impact Fees (Street Improvements), Federal Highway Bridge Program (HBP)funds, and Capital Project Reserves. There is no fiscal impact associated with the approval of the License Agreement. ATTACHMENTS: 1. License Agreement with RCFC & WCD 2. Project Description 3. Project Location 4 O 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8\143452 LICENSE AGREEMENT Murrieta Creek Channel - Main Street Replacement Bridge Concurrent with Encroachment Permit No. 7-0-00020-3326 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter called "DISTRICT", and the CITY OF TEMECULA, hereinafter called "CITY", hereby agree as follows: RECITALS A. DISTRICT owns, operates and maintains the Murrieta Creek Channel (Project No. 7-0-00020), hereinafter called "CHANNEL", principally located in western Riverside County; and B. CHANNEL is an essential and integral part of DISTRICT'S regional system of stormwater management infrastructure that provides critical flood control and drainage to the area; and C. CITY has budgeted for and plans to design, construct and subsequently maintain a new bridge to replace the existing Main Street Bridge, hereinafter called "BRIDGE". as shown in concept in blue on Exhibit "A" attached hereto and made a part hereof. The existing bridge spans the CHANNEL at Main Street within CITY held rights of way; and D. Associated with the construction of BRIDGE is the construction of certain outlet pipes, and the placement of rip -rap and environmental mitigation located within DISTRICT held rights of way as shown in concept outlined in green on Exhibit "B" attached hereto and made a part of. Outlet pipes, rip -rap and environmental mitigation are hereinafter called "APPURTENANCES" and "MITIGATION". BRIDGE, APPURTENANCES and MITIGATION are hereinafter collectively called "PROJECT"; and -1- P8\143452 E. CITY is willing to: (i) prepare plans and specifications for PROJECT, hereinafter called "IMPROVEMENT PLANS", including separate plans and specifications for MITIGATION, hereinafter called "MITIGATION PLANS", in accordance with applicable DISTRICT and CITY standards, (ii) assume Lead Agency role pursuant to the California Environmental Quality Act (CEQA), (iii) secure all rights of way and regulatory permits as maybe necessary to construct, inspect, operate and maintain PROJECT, (iv) allow DISTRICT an opportunity to review and approve IMPROVEMENT PLANS and regulatory permits prior to advertising PROJECT for construction, (v) advertise, award and administer a public works PROJECT construction contract, (vi) provide all construction surveys, materials testing and construction inspection necessary for construction of PROJECT, (vii) pay all costs related to the design, construction, inspection, operation and maintenance of PROJECT, (viii) upon completion of PROJECT construction, assume ownership and sole responsibility for the operation and maintenance of PROJECT, (ix) provide to DISTRICT engineering documentation confirming that PROJECT was constructed in accordance with IMPROVEMENT PLANS, and (x) provide to DISTRICT a copy of the reproducible record drawings of IMPROVEMENT PLANS as provided herein; and F. Subject to the provisions of this License Agreement, DISTRICT is willing to allow CITY to construct, operate and maintain PROJECT within CHANNEL right of way; and G. DISTRICT is willing, at its own expense, to (i) review PROJECT IMPROVEMENT PLANS prepared by CITY, (ii) review and approve regulatory permits, and (iii) inspect the construction of PROJECT for quality control purposes. H. The purpose of this Agreement is to memorialize the mutual understandings by and between DISTRICT and CITY with respect to the design, construction, inspection, ownership, operation and maintenance, and funding of PROJECT. -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\143452 In consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree as follows: SECTION I CITY shall: 1. Prepare or cause to be prepared, PROJECT IMPROVEMENT PLANS, including separate plans and specifications for MITIGATION, hereinafter called "MITIGATION PLANS", in accordance with applicable DISTRICT and CITY standards, and submit to DISTRICT for their review and approval prior to awarding a public works construction contract for PROJECT. 2. Pursuant to CEQA, assume Lead Agency role and responsibility for preparation, circulation, and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT. 3. Obtain at its sole cost and expense, all necessary permits, approvals or agreements and any associated subsequent renewal or amendments thereafter, as may be required by any Federal, State or local resource or regulatory agencies pertaining to the construction, operation and maintenance of PROJECT. Such documents, hereinafter called "REGULATORY PERMITS", may include but are not limited to, a Section 404 permit issued by the U.S. Army Corps of Engineers (USACOE), a Section 401 Water Quality Certification issued by the California Regional Water Quality Control Board (CRWQCB), a Section 1602 Streambed Alteration Agreement issued by the California State Department of Fish and Game, and National Pollutant Discharge Elimination System Permits issued by the State Water Resources Control Board or CRWQCB. 4. Prior to advertising PROJECT for construction, provide DISTRICT an opportunity to review and approve all REGULATORY PERMITS. DISTRICT approval of -3- 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8\143452 REGULATORY PERMITS may be withheld when, in the sole judgment of DISTRICT'S General Manager -Chief Engineer, the said REGULATORY PERMITS unreasonably constrains. inhibits or impairs DISTRICT'S ability to operate and maintain CHANNEL. 5. Secure at its sole cost and expense, all necessary rights of way, rights of entry and temporary construction easements necessary to construct, operate and maintain PROJECT. 6. Advertise, award and administer a public works construction contract for PROJECT at its sole cost and expense. 7. Prior to commencing construction of IMPROVEMENT PLANS, obtain from DISTRICT, pursuant to its rules and regulations, the necessary encroachment permit and comply with all provisions set forth therein. 8. Not permit any change to or modification of the DISTRICT approved IMPROVEMENT PLANS that would result in a change of functionality or maintainability of CHANNEL. 9. Ensure that all work performed pursuant to this Agreement by CITY, its agents or contractors is done in accordance with all applicable laws and regulations, including but not limited to all applicable provisions of the Clean Water Act, Labor Code, Business and Professions Code, Fish and Game Code, and Water Code. CITY shall be sole responsible for all costs associated with compliance with applicable laws and regulations. 10. Inspect construction of PROJECT at its sole cost and expense. 11. Furnish at its sole cost and expense, all construction survey and materials testing services necessary to ensure PROJECT construction is accomplished in accordance with the DISTRICT approved IMPROVEMENT PLANS. -4- l 4 (6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 P8\143452 12. Grant DISTRICT, by execution of this Agreement, the right to enter upon property owned or controlled by CITY where necessary and convenient for the purpose of gaining access to, and performing inspection service for the construction of PROJECT. 13. Upon completion of PROJECT construction and CITY'S acceptance thereof, be solely responsible for the ownership, operation and maintenance of PROJECT in such a way that it is compatible with CHANNEL'S primary flood control purpose and function. 14. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY'S Notice of Completion. 15. Upon completion of PROJECT construction, CITY'S civil engineer of record or construction civil engineer of record, duly registered in the State of California, shall provide DISTRICT a redlined "record drawing" of IMPROVEMENT PLANS. 16. Indemnify, hold harmless and defend DISTRICT for all aspects of CITY'S use of DISTRICT right-of-way as granted herein, including but not limited to (i) claims made by the public, employees of CITY, or its contractors for injury or death or damage to property, and (ii) damage, fines or other such penalties resulting from any illegal or improper discharges into CHANNEL, regardless of the nature of the circumstances. 17. Prior to constructing any additional improvements or performing any additional physical modifications within CHANNEL right-of-way, obtain an encroachment permit from DISTRICT, pursuant to its rules and regulations. 18. Implement at its sole cost and expense, any additional mitigation imposed as a result of all necessary revisions to MITIGATION PLANS to accommodate the design, construction, operation and maintenance of DISTRICT'S ultimate CHANNEL configuration. -5- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 P8\143452 SECTION II DISTRICT shall: 1. Assume Responsible Agency role and responsibility under CEQA, take all necessary and appropriate action to comply with CEQA. 2. Review and approve all necessary REGULATORY PERMITS in a timely manner. 3. Consent to CITY'S construction of PROJECT within DISTRICT'S CHANNEL right-of-way in accordance with DISTRICT approved IMPROVEMENT PLANS and subject to the provisions set forth in DISTRICT'S encroachment permit. 4. Conduct periodic inspections of PROJECT construction for quality control purposes at its sole cost and provide any comments to CITY'S primary inspector who shall be solely responsible for all quality control communications with CITY'S contractor(s) during the construction of PROJECT. 5. By execution of this Agreement, grant CITY a license to operate and maintain PROJECT provided PROJECT is compatible with CHANNEL'S primary flood control purpose and function and does not unduly interfere with or impair DISTRICT'S ability to operate and maintain CHANNEL or any of its appurtenant works. 6. Give written notice to CITY of any non -compatible use or condition that is not in conformity with the provisions of this License Agreement or which may adversely affect CHANNEL'S flood control function, and grant CITY thirty (30) days from and after such notice to correct any such nonconforming use or condition. 7. Correct the non -conforming use or condition, if, after CITY'S receipt of such notice, CITY has not taken corrective actions within the time period prescribed. CITY -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 24 26 27 28 P8\143452 shall reimburse DISTRICT for any and all costs incurred by DISTRICT or its contractor(s) to perform said corrections. 8. Assume no responsibility, obligation or liability whatsoever, for the (i) design, construction, operation and maintenance of PROJECT or (ii) CITY'S use of DISTRICT'S CHANNEL right-of-way as granted herein. SECTION III It is further mutually agreed: 1. CITY shall indemnify, defend, save and hold harmless DISTRICT and County of Riverside (including their respective officers, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY'S (including its officers, employees, agents, representatives, independent contractors, and subcontractors) actual or alleged acts or omissions related to this Agreement, performance under this Agreement, or failure to comply with the requirements of this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c) payment of attorneys' fees; or (d) any other element of any kind or nature whatsoever. 2. In the event of any arbitration, action or suit brought by either CITY or DISTRICT against the other party by reason of any breach on the part of the other party of any of the covenants and agreements set forth in this Agreement, or any other dispute between the DISTRICT and CITY concerning this Agreement, the prevailing party in any such action or dispute, by a final judgment or arbitration award, shall be entitled to have and recover from the other party all costs and expenses or claims, including but not limited to, attorneys' fees and expert witness fees. This section shall survive any termination of this Agreement. -7- P8\143452 3. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 4. This Agreement is to be construed in accordance with the laws of the State of California. 5. Neither the CITY nor DISTRICT shall assign this Agreement without the written consent of the other party. 6. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement. 7. Any and all notices sent or required to be sent to the parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 Market Street Riverside, CA 92501 Attn: Encroachment Permit Section CITY OF TEMECULA Post Office Box 9033 Temecula, CA 92589-9033 Attn: Director of Public Works/City Engineer 8. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 9. This Agreement is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty -8- 1 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 ?O 21 "1-1 23 24 25 26 27 P8\143452 or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form. 10. Any waiver by DISTRICT or CITY of any breach by any other party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from enforcing this Agreement. 11. This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the parties hereto. // // - 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 26 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on (to be filled in by Clerk of the Board) RECOMMENDED FOR APPROVAL: By WARREN D. WILLIAMS General Manager -Chief Engineer APPROVED AS TO FORM: PAMELA J. WALLS County C , nse By EAL KIPNIS Deputy County Counsel RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By MARION ASHLEY, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: KECIA HARPER-IHEM Clerk of the Board By Deputy (SEAL) License Agreement: Murrieta Creek Channel - Main Street Bridge Replacement KEC:blj 1/24/12 - 10 - 4 I() II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF TEMECULA RECOMMENDED FOR APPROVAL: 13y CHUCK WASHINGTON Mayor ATTEST: 13y SUSAN W. JONES, MMC City Clerk (SEAL) APPROVED AS TO FORM: I3y PETER M. THORSON City Attorney (SEAL) �B License Agreement: Murrieta Creek Channel - Main Street Bridge Replacement KEC:blj 1/25/12 - 11 - Exhibit A License Agreement Bridge at Murrieta Creek Channel Project No. 7-0-00020 Encroachment Permit 3326 1 of 1 City of Temecula Main Street Bridge Replacement over Murrieta Creek RCFCD Impact Diagram Scale: 1" = 60'-0" Murrieta Creek e co Legend: RCFCD Right -of -Way Parcel Lines Limits of Mitigation Rip -Rap (Buried) Rip -Rap (Exposed) EXHIBIT `B' Page 1 of 1 rCity of e-river.A4,&a, MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) Circulation Project Project Description: Design and construct a new bridge and approach roadways which meet current safety standards and compatibility with the City's circulation element and the planned Murrieta Creek Improvement Project. The new bridge would meet the United States Army Corps of Engineer's (USACE) Creek Improvement Project needs and the cost would count toward City contribution to the USACE Project. Project includes removal of the existing bridge, pavement, curb and gutter, sidewalk and storm drain facilities, and environmental studies and mitigation. Benefit: Project will improve traffic safety and circulation. Project Status: The design to replace the existing bridge is complete and the California Department of Transportation (Caltrans) is currently reviewing the Environment Document. The project is expected to be complete by the end of fiscal year 2012. Department: Public Works Account No. 210.165.743 Priority: I Project Cost: Actuals to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Years Project Cost Administration $ 253,408 $ 225,265 $ 478,673 Construction $ 41,729 $6,100,000 $ 6,100,000 Construction Engineering $875,709 $ 150,510 $ 150,510 Design $652,763 $ 51,375 $ 704,138 M S H C P $ 11,267 $ 293,733 $ - $ - $ - $ - $ - $ 305,000 Totals $917,438 $6,820,883 $ - $ - $ - $ - $ - $ 7,738,321 Source of Funds: Actuals to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Years Project Cost Capital Project Reserves $ 41,729 $ 41,729 DIF (Street Improvements) $875,709 $ 570,373 $ 1,446,082 H B P $6,250,510 $ 6,250,510 Total Funding: $917,438 $6,820,883 $ - $ - $ - $ - $ - $ 7,738,321 Future Operation & Maintenance Costs: 2011-12 2012-13 2013-14 2014-15 2015-16 $ 10,000 $ 10,200 $ 10,404 $ 10,612 $ 10,824 63 MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) Circulation Project Location 19 Aerial Data - March 2010 0 60 120 Feet 240 62 Item No. 8 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance N") City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Greg Butler, Director of Public Works/City Engineer February 28, 2012 Temporary Street Closures for 2012 Springfest Events PREPARED BY: RECOMMENDATION: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2012 Springfest Events: 'BLUEGRASS FESTIVAL' 'REALITY RALLY TASTE OFTEMECULA' COMMUNITY SERVICES EXPO' BACKGROUND: Four special events scheduled during the months of March, April and May 2012 necessitate the physical closure of all or portions of certain streets within the Old Town area. The closures are necessary to facilitate the events and to protect participants and viewers. The four events and the associated street closures are as follows (see attached Location Map - Exhibit 'A'): 1. BLUEGRASS FESTIVAL - March 16-18 The annual Bluegrass Festival will be held at the Town Square with the street closures scheduled as follows: • 2:00 p.m. Friday, March 16, 2012 to 7:00 p.m. Sunday, March 18, 2012 2. REALITY RALLY - April 13 - 15 The Reality Rally event is scheduled for April 13 through April 15 at the Town Square with actual street closures scheduled as follows: • Saturday, April 14, 2012 between 7:00 a.m. and 7:00 p.m. The Reality Rally, a fundraiser for Michele's Place (cancer research), takes on an "Amazing Race" concept where various teams are paired with Reality TV stars to compete in a scavenger hunt throughout the City. Winners will receive trophies and cash prizes. The Reality Rally starts and ends at the Civic Quad on Saturday, April 14, 2012. 3. TASTE OF TEMECULA - April 27 — 29 The Taste of the Valley event is scheduled for April 28. The actual street closures will occur as follows to allow for setup and take down of the event's facilities: • 7:00 a.m. Friday, April 27, 2012 to 7 a.m. Sunday, April 29, 2012 Taste of Temecula Valley is a festival of food and entertainment designed to showcase local restaurants in the Temecula area with each restaurant serving samples and some larger portions. Wine and beer will also be sampled. Taste of the Valley is a non-profit fundraiser organized by the Temecula Foundation for Excellence in Education to raise funds to offset the losses to arts sciences and technology from budget shortfalls. 4. COMMUNITY SERVICES EXPO - May 12 The Community Services Expo is scheduled for May 12. The actual street closures will occur as follows to allow for setup and take down of event's facilities: • 10:00 a.m. Friday, May 11, 2012 to 7:00 p.m. Saturday, May 12, 2012 Street closures for the above four events are per the attached Exhibit 'A' and as follows: 1. Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street 2. Mercedes Street — Fourth Street to Third Street Mercedes Street traffic will be detoured around the event via Third and Fourth Street. The Old Town Parking Garage will be open with ample free parking available to the public during all four events. Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs of police services, as well as, services provided by the City Public Works Maintenance Division (for provision, placement, and retrieval of necessary warning and advisory devices) are included in budgetary items. ATTACHMENTS: Springfest Location Exhibit SPRINGFEST STREET CLOSURES - 2012 (MAIN STREET AND MERCEDES STREET) * BLUEGRASS FESTIVAL - MARCH /6 - 18 * REAL/TY RALLY - APRIL /3 - /5 * TASTE OF TEMECULA - APRIL 27 - 29 * COMMUNITY SERVICES EXPO - MAY II - /2 LEGEND STREET CLOSURE ` BARRICADE EXHIBIT 'A' Item No. 9 Approvals City Attorney Director of Finance City Manager 760 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager/Director of Community Services DATE: February 28, 2012 SUBJECT: Sponsorship Agreement for Temecula Valley Reality Rally, a Fundraiser Event for Michelle's Place — April 13 — 15, 2012 PREPARED BY: Kathi Syers, Administrative Assistant RECOMMENDATION: 1. Approve the Event Sponsorship Agreement with Michelle's Place for city - support costs in the amount of $4,062 and in-kind promotional services for $10,865 for the 2012 Temecula Valley Reality Rally; 2. Approve the use of the Conference Center to launch the event BACKGROUND: Staff received a sponsorship request from Michelle's Place to provide city- support costs for the 2012 Temecula Valley Reality Rally to be held April 13 - 15, 2012. The Economic Development Sub -Committee of the City Council (Mayor Roberts and Mayor Pro Tem Washington) met on March 8, 2011 to review the budget on this special event and recommended support at the levels indicated in this staff report. The Temecula Valley Reality Rally was a popular event launched for the first time in 2011, attracting thousands as a fundraiser to benefit Michelle's Place Women's Breast Cancer Resource Center. Michelle's Place is a local non-profit organization serving the Temecula Valley, which provides emotional and educational support for those touched with breast cancer and facilitates breast health care services. The Event includes, a one day event, similar to the reality show "The Amazing Race" (a scavenger hunt). The Temecula Valley Reality Rally is proposed for April 13 — 15, 2012 and this "Amazing Race" type contest will incorporate and highlight many of the popular annual events held in Old Town Temecula. The event organizer is not seeking financial assistance from the City but rather in-kind city -support costs, including use of the Conference Center and Civic Quad. Celebrity reality tv show contestants will be invited to participate on teams and stay in Temecula during the duration of the weekend. As a City sponsored event, the City will provide in-kind marketing and promotion of the event through available media channels including: City website, social media including Facebook, Twitter and email blasts, auto mall electronic sign, as well as local government channel 3. The proposal also requests for the event to originate from the Old Town Community Theater property. If the facility is needed for the event, staff recommends that the event organizer pay applicable rental fees. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. In addition, as a City -sponsored event, the City will provide in-kind promotional services valued at $10,865. FISCAL IMPACT: The city -support costs of $4,062 and in-kind promotional services for $10,865 are included in the Fiscal Year 2011-12 Operating Budget of the various supporting departments. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND MICHELLE'S PLACE THIS AGREEMENT is made and effective as of this 28th day of February 2012, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Michelle's Place, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). 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 Nonprofit shall operate the Temecula Valley Reality Rally (hereinafter referred to as the "Event") April 13 — 15, 2012. The Event is a fundraiser event for Michelle's Place, and will be located throughout Temecula as well as through the Temecula Valley Wine Country. b. The Event includes, a one day event, similar to the reality show "The Amazing Race "(a scavenger hunt). The Temecula Valley Reality Rally is proposed for April 13 — 15, 2012 and this "Amazing Race" type contest will incorporate and highlight many of the popular annual events held in the Temecula Valley. c. Alcohol will not be served. d. The City desires to be a Co -Sponsor of the Event. 2. The Event will serve as a fundraiser with Michelle's Place, a local non-profit organization serving the Temecula Valley, which provides emotional and educational support for those touched with breast cancer and facilitates breast health care services. 3. TERM This Agreement shall commence on February 28th, 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. 4. CONSIDERATION In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed Four Thousand Sixty Two Dollars and 001100 ($4,062.00) of Public Works, Fire, Community Services, Additive Costs (Public Works) and in-kind promotional services valued at Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) as listed in Exhibit B, the City shall be designated as Co -Sponsor of the Event. As a Co -Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. 5. ALLOCATION OF FUNDS a. The Nonprofit shall allocate and use the City's Sponsorship Funding of in- kind city -support services valued at an amount not to exceed Four Thousand Sixty Two Dollars and 00/100 ($4,062.00) and Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) for in-kind promotional services as listed in Exhibit B to produce the Event. As a Co -Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. b. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. 6. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit 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, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 7. PERMITS The Nonprofit 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 Nonprofit 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. 8. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 9. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, 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, 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 Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 10. INSURANCE The Nonprofit 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 March 30, 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 insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 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, 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 NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Nonprofit'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 Nonprofit 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. Nonproft 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. GOVERNING LAW The City and the Nonprofit 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. 12. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 13. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: 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: Michelle's Place Kim Goodnough, Director 27645 Jefferson Avenue, Suite 117 Temecula, CA 92590-2645 15. INDEPENDENT CONTRACTOR a. The Nonprofit 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 Nonprofit shall at all times be under the Nonprofit'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 Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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 Nonprofit 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 Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 15. 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. 16. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit 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 Michelle's Place (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 Kim Goodnough, Director ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT [Enter Name], [Enter Title] Michelle's Place Kim Goodnough 27645 Jefferson Avenue, Suite 117 Temecula, CA 92590-2645 PM Initials: p B Date: 1/ EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS "CO-SPONSOR" Michelle's Place 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 Reality Race of Temecula Valley t -shirts **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 Temecula Valley Reality Rally event. The following expenses can be anticipated for the event: Police: $0 Fire: $1,500 Public Works: $374 Community Services $2,000 Code Enforcement $0 Additive Costs (Public $188 Works) TOTAL: $4,062 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 Temecula Valley Reality Rally 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 $ 450.00 $ 5,100.00 $ 3,115.00 $ 2,200.00 TOTAL VALUE: $ 10,865.00 Item No. 10 Approvals City Attorney Director of Finance City Manager Por fkAi CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager/Director of Community Services DATE: February 28, 2012 SUBJECT: Sponsorship Agreement with the Temecula Valley Foundation for Excellence in Education's 2012 Taste of Temecula Valley PREPARED BY: Kathi Syers, Administrative Assistant RECOMMENDATION: Approve the Event Sponsorship with the Temecula Valley Foundation for Excellence in Education Agreement for city -support costs in the amount of $9,176 and in-kind promotional services of $10,865 for the 2012 Taste of Temecula Valley. BACKGROUND: Staff has received a sponsorship request from the Temecula Valley Foundation for Excellence in Education to provide city -support costs for the 2012 Temecula Valley Taste of the Valley to be held on April 28, 2012. The Economic Development Sub -Committee of the City Council (Mayor Roberts and Mayor Pro Tem Washington) met on March 8, 2011 to review the budget on this special event and recommended continued support at the levels indicated in this staff report. The Event will serve as a fundraiser with the Temecula Valley Foundation for Excellence in Education, a local non-profit organization whose charitable work and contributions have benefited Youth in Temecula, to provide summer school and after school programs for Temecula Valley Unified School District. The Event includes the opportunity for local restaurants, wineries, micro -breweries and vendors to showcase their establishments at a unique venue that is designed to expose their products to new potential customers. Additionally, the Taste of Temecula Valley will include entertainment throughout the 11 hour event. The anticipated attendance is approximately 2,500 to 5,000. All profits are shared with each participating vendor to offset any costs to participate in the event. As a City sponsored event, the City will provide in-kind marketing and promotion of the event through available media channels including: City website, social media including Facebook, Twitter and email blasts, auto mall electronic sign, as well as local government channel 3. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. In addition, as a City -sponsored event, the City will provide in-kind promotional services valued at $10,865. FISCAL IMPACT: The city -support costs of $9,176 and in-kind promotional services of $10,865 are included in the Fiscal Year 2011-12 Operating Budget of the various supporting departments. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY FOUNDATION FOR EXCELLENCE IN EDUCATION THIS AGREEMENT is made and effective as of this 28th day of February, 2012, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Temecula Valley Foundation for Excellence in Education, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). 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 Nonprofit shall operate the Taste of Temecula Valley (hereinafter referred to as the "Event") on April 28, 2012. The Event is a special event which is located in Old Town Temecula Town Square. b. The Event includes the opportunity for local restaurants, wineries, micro - breweries and vendors to showcase their establishments at a unique venue that is designed to expose their products to new potential customers. The event will also include entertainment throughout the 11 hour event. The anticipated attendance is a 2,500 to 5,000 spread. All profits are shared with each participating vendor to offset any cost to participate in the event. 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 with the Temecula Valley Foundation for Excellence in Education, a local non-profit organization whose charitable work and contribution have benefited Youth in Temecula to provide summer school and after school programs for Temecula Valley Unified School District. 2. TERM This Agreement shall commence on February 28th, 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 In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed Nine Thousand One Hundred Seventy Six Dollars and 001100 ($9,176.00) of Public Works, Police and Fire, Community Services, Additive Costs (Public Works) and in-kind promotional services valued at Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) as listed in Exhibit B, the City will 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. ALLOCATION OF FUNDS a. The Nonprofit shall allocate and use the City's Sponsorship Funding of in-kind city -support services valued at an amount not to exceed Nine Thousand One Hundred Seventy Six Dollars and 00/100 ($9,176.00) and Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) for in-kind promotional services as listed in Exhibit B to produce the Event. b. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. 5. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit 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 Premier Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 6. PERMITS The Nonprofit shall file applications for a 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 Nonprofit shall comply with all conditions of approval for 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. 7. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 8. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, 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, 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 Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 9. INSURANCE The Nonprofit 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 28, 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) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 3) Liquor Liability: One million dollars ($1,0000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. 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, 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 NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, their officers, officials, employees or volunteers. 4) The Nonprofit'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 Nonprofit 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. Nonprofit 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. GOVERNING LAW The City and the Nonprofit 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. 11. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 12. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: 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: Temecula Valley Foundation for Excellence in Education Mark Katan 31350 Rancho Vista Road Temecula, CA 92592 15. INDEPENDENT CONTRACTOR a. The Nonprofit 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 Nonprofit shall at all times be under the Nonprofit'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 Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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 Nonprofit shall riot incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall riot be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 15. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit 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 By: Chuck Washington, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Temecula Valley Foundation for Excellence in Education (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Mark Katan, Vice President Morris Myers, Board Member NONPROFIT Mark Katan Temecula Valley Foundation for Excellence in Education 31350 Rancho Vista Rd. Temecula, CA92592 PM Initials: n 11 Date: !/ EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS "CO- SPONSOR" Temecula Valley Foundation for Excellence in Education 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 Taste of the Valley t -shirts **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 Taste of the Valley event. The following expenses can be anticipated for the event: Police: $5,300 Fire: $1,000 Public Works: $ 674 Community Services $2,000 Additive Costs (Public Works) $ 202 TOTAL: $9,176 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 2012 Temecula Taste of the Valley 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 $ 450.00 $ 5,100.00 $ 3,115.00 $ 2,200.00 TOTAL VALUE: $ 10,865.00 Item No. 11 Approvals City Attorney Director of Finance City Manager fkAl CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager/Director of Community Services DATE: February 28, 2012 SUBJECT: Sponsorship Agreement with P & R Productions for the 2012 Temecula Spring Rod Run — March 9 & 10, 2012 PREPARED BY: Kathi Syers, Administrative Assistant RECOMMENDATION: Approve the Event Sponsorship Agreement with P & R Productions for city -support costs in the amount of $59,561.64, shuttle services for $7,500 and $10,865 for in-kind promotional services for the 2012 Temecula Spring Rod Run. BACKGROUND: Staff has received a sponsorship request from P&R Foundation to provide city support costs for the 2012 Temecula Spring Rod Run to be held on March 9`h and 10th , 2012. The Economic Development Sub -Committee of the City Council (Mayor Roberts and Mayor Pro Tem Washington) met on March 8, 2011 to review the budget on this special event and recommended support at the levels indicated in this staff report. The event will serve as a fundraiser for The Boys & Girls Club of Southwest County. The City of Temecula hosts many popular events thoughout the year that entertain and attract thousands of visitors and residents. The Temecula Spring Rod Run event has become a regional signature event which increases tourism revenue for the City's restaurants, hotels, retailers and wineries. Due to the fact that this special event promotes tourism in Temecula, City support services are proposed to come from the General Fund's budget. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's partnership. The 2012 Temecula Spring Rod Run will begin Friday, March 9th with an evening car cruise on Old Town Front Street. On Saturday, March 10th , an all day "Show & Shine" car show will take place. There will be a cross section of approximately 700 classic cars, special interest vehicles, hot rods and custom cars on display. Estimated attendance is 50,000 people for the two day event. No alcohol will be served or sold at this event. Promotion for the 2012 car show will include newspaper, radio, television, magazine, posters and internet sites including www.rodruntemecula.com. As a City sponsored event, the City will provide in-kind marketing and promotion of the event through available media channels including: City website, social media including Facebook, Twitter and email blasts, auto mall electronic sign, as well as local government channel 3. Rod Run attendees are encouraged to take advantage of the complimentary shuttle service which will provide free transportation from three designated parking locations to this year's Temecula Rod Run. Designated locations include City Hall, the vacant lot on the corner of Ynez and Santiago and the southern dirt park and ride lot near Temecula Parkway and Front Street. The shuttle service will operate from 8:00am to 5:00pm on Saturday, March 10th, 2012. The Temecula Rod Run serves as a fundraiser primarily to The Boys & Girls Club of Southwest County. P&R Foundation also donates vendor booth space to various non -profits and civic organizations such as The Border Patrol and Search Dogs of Riverside County. P&R Foundation provides the merchants with a full page ad in the Rod Run program and provides numerous PA announcements during the event to encourage shopping and dining within Old Town. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. In addition, as a City -sponsored event, the City will provide in-kind promotional services valued at $10,865. FISCAL IMPACT: The city -support costs of $59,561.64, shuttle services for $7,500 and $10,865 for in-kind promotional services are included in the Fiscal Year 2011-12 Operating Budget of the various supporting departments. ATTACHMENTS: 2012 Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND P&R PRODUCTIONS THIS AGREEMENT is made and effective as of this 28th day of February 2012, day of, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and P&R Productions, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). 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 Nonprofit shall operate the Rod Run (hereinafter referred to as the "Event") on March 9 & 10, 2012. The Event is a special event which is located in Old Town Temecula. b. The Event includes, Display of approximately 650-700 classic cars, hot rods and custom cars along with related concessions and vendors. The event will benefit The Boys & Girls Club of Southwest County. The informal car display and evening car cruise will be held Friday evening and the traditional "show & shine" will be held on Saturday. The event is expected to draw between 45,000 to 60,000 people for the event. c. Alcohol will not be served. d. The City desires to be a Premier Sponsor of the Event. e. The Event will serve as a fundraiser with P&R Foundation, a local non- profit organization whose charitable work and contribution have benefited The Boys & Girls Clubs of Southwest County, selected to be the primary recipient. Other funds that are available will be designated to other Temecula based charities. 2. TERM This Agreement shall commence on February 28th, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30th, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed Fifty Nine Thousand Five Hundred Sixty One Dollars and 641100 ($59,561.64) of Public Works, Fire and Police, Community Services, Code Enforcement, Additive Costs (Public Works) and Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00) for Shuttle Services, and Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) for in-kind promotional services as listed in Exhibit B, the City shall be designated as a Premier Sponsor of the Event. As a Premier Sponsor, the City of Temecula shall receive the benefits as listed in Exhibit A. b. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of Temecula. This will include but riot be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly,the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. 4. ALLOCATION OF FUNDS a. The Nonprofit shall allocate and use the City's Sponsorship Funding of in- kind city -support services valued at an amount riot to exceed Fifty Nine Thousand Five Hundred Sixty One Dollars and 641100 ($59,561.64) and Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00) for Shuttle Services, and Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) for in-kind promotional services as listed in Exhibit B, to produce the Event. b. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. 5. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, description of the materials in which the City has listed as a Presenting Sponsor and. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event and a list of the Nonprofit recipients and payment schedule must be included in such a written report. In addition, event sponsor shall provide the Assistant City Manager written notification 30 -days prior to the event of those non -profits that will become beneficiaries of the fundraising event. 6. PERMITS The Nonprofit shall file applications for a 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 Nonprofit shall comply with all conditions of approval for 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. 7. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 8. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, 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, 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 Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 9. INSURANCE The Nonprofit 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 28, 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 insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 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, 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 NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit'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, 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, their officers, officials, employees or volunteers. 4) The Nonprofit'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 Nonprofit 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. Nonproft 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. GOVERNING LAW The City and the Nonprofit 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. 11. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 12. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: 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: P&R Foundation 39252 Winchester Road #107-361 Murrieta, CA 92563-3510 15. INDEPENDENT CONTRACTOR a. The Nonprofit 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 Nonprofit shall at all times be under the Nonprofit'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 Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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 Nonprofit 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 Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 15. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit 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 By: Chuck Washington, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney P&R FOUNDATION (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Ray Waite, President By: Ronda Henne, Vice President NONPROFIT P&R Foundation Ray Waite 39252 Winchester Road #107-361 Murrieta, CA 92563-3510 951 303-9599 pitbu llray@netzero.com PM Initials: n n Date: U �j EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS Premier Sponsor In exchange for providing in-kind city -support services of Public Works, Fire and Police valued at an amount not to exceed $59,561.64, for the Spring Rod Run, the citizens of the City of Temecula shall receive the following benefits. ♦ City of Temecula Logo on Printed Material produced by P&R Foundation ♦ City of Temecula Logo on Event T-shirts ♦ City of Temecula Name on all Radio Promotion ♦ City of Temecula Name in all Press Releases **Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. 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 Spring 2012 Rod Run event. The following expenses can be anticipated for the event: Police: $23,000 Fire: $9,000 Public Works: $16,452 Community Services: $2,000 Code Enforcement: $1,800 Additive Costs (Public $7,309.64 Works) SUB TOTAL IN-KIND: $59,561.64 Shuttle Service Expense: $7,500 Total: $67,061.64 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 Spring 2012 Rod Run 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 $ 450.00 $ 5,100.00 $ 3,115.00 $ 2,200.00 TOTAL VALUE: $ 10,865.00 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: February 28, 2012 SUBJECT: Sponsorship Agreement with the Arts Council of Temecula Valley for the 2012 Temecula Art Experience — June 23 & 24, 2012 PREPARED BY: Kathi Syers, Administrative Assistant RECOMMENDATION: Approve the Event Sponsorship Agreement with the Arts Council of Temecula Valley in the amount of $8,500 and in-kind promotional services for $10,865 for the 2012 Temecula Art Experience. BACKGROUND: Staff received a sponsorship request from The Arts Council of Temecula Valley to provide funding for the Temecula Art Experience to be held on June 23 & 24, 2012. The Temecula Art Experience will be an added component to the annual Street Painting and Plein Air Festival designed to enhance the existing event. This addition will include a Fine Arts/Sculpture and Painting Exhibition to be located in the Town Square and Civic Quad. The Economic Development Sub -Committee of the City Council (Mayor Roberts and Mayor Pro Tem Washington) met on March 8, 2011 to review the budget on this special event and recommended support at the levels indicated in this staff report. The City desires to be a Co -Sponsor of the Event by providing Economic Development Funding for expenses to include a tent rental, purchase of easels, security, hospitatility, etc. to facilitate the Fine Arts/Sculpture and Painting Exhibition to be held in the Town Square as part of the Street Painting Festival, Plein Air portion of the event. The Event will serve as a fundraiser for the Arts Council of Temecula Valley, a local non-profit organization whose charitable work and contributions have benefited Youth Art in Temecula. As a City sponsored event, the City will provide in-kind marketing and promotion of the event through available media channels including: City website, social media including Facebook, Twitter and email blasts, auto mall electronic sign, as well as local government channel 3. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. In addition, as a City -sponsored event, the City will provide in-kind promotional services valued at $10,865. FISCAL IMPACT: The City Sponsorship in the amount of $8,500 is included in the Fiscal Year 2011-12 Operating Budget in the Economic Development line item. In addition, the City will provide in-kind promotional services valued at $10,865. ATTACHMENTS: 2012 Sponsorship Agreement SPONSORSHIP AND ECONOMIC DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE ARTS COUNCIL OF TEMECULA VALLEY THIS AGREEMENT is made and effective as of this 28th day of February, 2012, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and the Arts Council of Temecula Valley, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). 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 Nonprofit shall operate the Temecula Art Experience (hereinafter referred to as the "Event") on June 23 & 24, 2012. The Event is a special event which is located in Old Town Temecula Town Square. b. The Event includes, The Temecula Art Experience will be an added component to the annual Street Painting Festival, Plein Air portion designed to enhance the existing event. This addition will include a Fine Arts/Sculpture and Painting Exhibition. c. Alcohol will not be served. d. The City desires to be a Co -Sponsor of the Event by providing Economic Development Funding for expenses to include a tent rental, purchase of easels, security, hospitatility, etc. to facilitate the Fine Arts/Sculpture and Painting Exhibition to be held in the Town Square as part of the Street Painting Festival, Plein Air portion of the event. e. The Event will serve as a fundraiser with the Arts Council of Temecula Valley, a local non-profit organization whose charitable work and contribution have benefited Youth Art in Temecula, selected to be the primary recipient. 2. TERM This Agreement shall commence on February 28th, 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 Nonprofit with in-kind promotional services valued at Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) as listed in Exhibit B, the City shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor, the City of Temecula shall receive the benefits as Exhibit A. b. The City of Temecula shall also provide Economic Development Funding in the amount of Eight Thousand Five Hundred and 00/100 ($8,500.00) cash which will be allocated to pay for the Arts Council of Temecula Valley Art Experience for expenses to include a tent rental, purchase of easels, security, hospitality, etc. to facilitate the Fine Arts/Sculpture and Painting Exhibition to be held in the Town Square as part of the Street Painting Festival, Plein Air portion of the event. In exchange for providing funding for expenses. 4. ALLOCATION OF FUNDS a. The Nonprofit shall allocate and use the City's Sponsorship Funding of in- kind promotional services valued at an amount of Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) for in-kind promotional services as listed in Exhibit B to produce the Event. b. The City of Temecula shall provide Economic Development Funding in the amount of Eight Thousand Five Hundred Dollars and 00/100 ($8,500.00) cash which will be allocated to pay for expenses to include a tent rental, purchase of easels, security, hospitality, etc. to facilitate the Fine Arts/Sculpture and Painting Exhibition to be held in the Town Square as part of the Street Painting Festival, Plein Air portion of the event. c. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. 5. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit 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 6. PERMITS The Applicant/Nonprofit will be under the umbrella of the Street Painting!Plein Air Festival Special Event Permit completed by the City. The Nonprofit shall comply with all conditions of approval of the permits. The Nonprofit 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. 7. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 8. INDEMNIFICATION The Nonprofit 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 Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Ag ree me nt. 9. INSURANCE The Nonprofit 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 28, 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 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 insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 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 NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. 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 Nonprofit'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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Nonprofit'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 Nonprofit 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. Nonproft 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. GOVERNING LAW The City and the Nonprofit 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. 11. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 12. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but riot 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: Assistant 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: Assistant City Manager 41000 Main Street Temecula, CA 92590 To Recipient: The Arts Council of Temecula Valley Jake Dickinson P.O. 2337 Temecula, CA 92590 14. INDEPENDENT CONTRACTOR a. The Nonprofit 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 Nonprofit shall at all times be under the Nonprofit'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 Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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 Nonprofit 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 Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 15. 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. 16. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit 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 The Arts Council of Temecula Valley (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 Jake Dickinson, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Gregory Kind, Vice President Jake Dickinson The Arts Council of Temecula Valley P.O. Box 2337 Temecula, CA92590 gkind{o.msn.com PM Initials: g Date: (/ EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS SPONSOR In exchange for providing funding for expenses to include a tent rental, purchase of easels, security, hospitality, etc. to facilitate the Fine Arts/Sculpture and Painting Exhibition to be held in the Town Square as part of the Street Painting Festival, Plein Air potion, City of Temecula shall receive the following benefits. • The Event will serve as a fundraiser with the Arts Council of Temecula Valley a local non- profit organization whose charitable work and contribution have and will continue to benefit Youth Art in Temecula, selected to be the primary recipient. ♦ City of Temecula Name Recognition on Printed Material: Flyers, Posters and Applications ♦ City of Temecula Logo Recognition on advertisements, radio, television ♦ Name Recognition in all publicity, the event is being promoted nationally to bring in fine artists for the exhibit tent • Complimentary Booth Space at Expo: 10 x 10 booth space for City of Temecula booth at Expo ♦ City of Temecula Name in all Press Releases ♦ The Fine Arts/Sculpture and Painting Exhibition is an additional component that will enhance the existing Street Painting Festival/Plein Air Portion of the event The City of Temecula shall provide Economic Development Funding in the amount of Eight Thousand Five Hundred Dollars and 00/100 ($8,500.00) cash which will be allocated to pay for for expenses to include a tent rental, purchase of easels, security, hospitality, etc. to facilitate the Fine Arts/Sculpture and Painting Exhibition to be held in the Town Square as part of the Street Painting Festival, Plein Air portion. EXHIBIT "B" 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 Temecula Art Experience 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 $ 450.00 $ 5,100.00 $ 3,115.00 $ 2,200.00 TOTAL VALUE: $ 10,865.00 Item No. 13 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: February 28, 2012 SUBJECT: Sponsorship Agreement with the Temecula Valley Balloon and Wine Festival Association for the 2012 Temecula Valley Balloon & Wine Festival — June 1 - 3, 2012 PREPARED BY: Kathi Syers, Administrative Assistant RECOMMENDATION: Approve the Event Sponsorship Agreement with the Temecula Valley Balloon and Wine Festival Association in the amount of $26,775 cash and $10,865 for in- kind promotional services for the 2012 Temecula Valley Balloon & Wine Festival. In addition, the City will provide temporary logistical support of the traffic control signs and devices to assist with public safety during the Festival estimated at $3,200. BACKGROUND: The Temecula Valley Balloon & Wine Festival continues to be a popular signature event, attracting thousands of residents and visitors of all ages. Staff has received a request from The Temecula Valley Balloon & Wine Festival Association to provide $26,775 cash plus temporary use of traffic safety signs and devices valued at $3,200. The Economic Development Sub -Committee of the City Council (Mayor Roberts and Mayor Pro Tem Washington) met on March 8, 2011 to review the budget on this special event and recommended continued support at the levels indicated in this staff report. This event increases tourism revenue for the City's restaurants, hotels, shopping centers, Old Town and wineries. This funding is provided through the Economic Development budget within the City's General Fund. In addition, City support services come from the General Fund's budget. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorships. The Temecula Valley Balloon and Wine Festival is held annually, the first weekend of June at Lake Skinner Recreation Area in Southern California Wine Country. The event features morning balloon launches, evening balloon glows, wine tasting from more than 20 wineries, wine competition, food and wine pairing, concerts featuring Country on Friday, Classic Rock and Rock on Saturday, and Jazz on Sunday. There will be an arts and craft faire, kids faire, and fine art paintings on exhibit within the wine gardens. The Temecula Valley Balloon & Wine Festival's marketing program will include a full social networking campaign. The marketing program will include, advertising in newspapers, media kits, press releases and photos. Additionally, marketing will also include commercials and promotions with radio stations from Riverside, Orange County, Los Angeles to San Diego Counties; local cable television advertisements; collateral materials; and an aggressive publicity campaign targeted for Riverside, Orange County, Los Angeles to San Diego Counties; major magazines and Southern California newspapers. In addition, the Festival maintains a website, Facebook, Twitter and a blog site that carries event information and entertainment schedules which is linked to radio and television stations covering the Festival. As a City sponsored event, the City will provide in-kind marketing and promotion of the event through available media channels including: City website, social media including Facebook, Twitter and email blasts, auto mall electronic sign, as well as local government channel 3. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. FISCAL IMPACT: Funds for the Temecula Valley Balloon & Wine Festival have been appropriated in the Fiscal Year 2011-12 Operating Budget Economic Development line item for the recommended sponsorship amount of $26,775 cash and $10,865 for in-kind promotional services. In addition, the logistical support costs are estimated at $3,200 and funds are available in the Public Works Budget. ATTACHMENTS: 2012 Temecula Valley Balloon & Wine Festival Agreement SPONSORSHIP AND ECONOMIC DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION THIS AGREEMENT is made and effective as of this 28th day of February, 2012, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and the Temecula Valley Balloon & Wine Festival Association, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). 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 Nonprofit shall operate the Temecula Valley Balloon & Wine Festival (hereinafter referred to as the "Event") on June 1, 2 & 3, 2012. The Event is a special event which is located in Lake Skinner. b. The Temecula Valley Balloon and Wine Festival is held annually, the first weekend of June at Lake Skinner Recreation Area in the Southern California Temecula Valley. The event features morning balloon launches, evening balloon glows, wine tasting from more than 20 wineries, wine competition, food and wine pairing, concerts featuring country on Friday, Classic Rock and Rock on Saturday, and Jazz on Sunday. There is also a giant arts and craft faire, kids faire, and fine art paintings on exhibit within the wine gardens. c. Alcohol "will be" be served. d. The City desires to be a Premier Sponsor of the Event by providing Economic Development Funding and City Support Services. 2. TERM This Agreement shall commence on February 28, 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 Nonprofit with in-kind city -support services of Public Works valued at Three Thousand Two Hundred Dollars and 00/100 ($3,200.00) and in-kind promotional services valued at Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) as listed in Exhibit B, the City shall be designated as a Premier Sponsor. As a Premier Sponsor, the City of Temecula shall receive the benefits as Exhibit A. b. The City of Temecula shall also provide Economic Development Funding in the amount of Twenty Six Thousand Seven Hundred Seventy Five Dollars and 00/100 ($26,775.00) cash which will be allocated to pay for the Temecula Valley Balloon and Wine Festival. c. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of Temecula. This will include but riot be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. d. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. e. Within 30 days of the effective date of this Agreement, Nonprofit shall submit a timeline showing the milestone dates that each Nonprofit marketing activity, including, but riot limited to, public relations and media schedules, marketing measures and other promotional activities, will occur. The purpose of this provision is to ensure that the Nonprofit makes a good faith effort to maximize attendance at the Temecula Valley Balloon & Wine Festival. 4. ALLOCATION OF FUNDS a. The Nonprofit shall allocate and use the City's Sponsorship Funding of in- kind city -support services valued at an amount not to exceed Three Thousand Two Hundred Dollars and 00/100 ($3,200.00) for Public Works City -Support Costs and Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) for in-kind promotional services as listed in Exhibit B, to produce the Event. b. The City of Temecula shall also provide Economic Development Funding in the amount of Twenty Six Thousand Seven Hundred Seventy Five Dollars and 00/100 ($26,775.00) cash which will help fund the Temecula Balloon & Wine Festival. Upon request, City staff may audit the supporting documentation from the Nonprofit. c. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. 5. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit 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 Premier Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. 6. BI -ANNUAL FINANCIAL AUDIT TVBWFA shall provide a financial audit by an independent certified public accountant of the Temecula Valley Balloon and Wine Festival. This audit shall be conducted on an every other year basis. The Temecula Valley Balloon and Wine Festival submitted an audit with the recapping of the 2010 event, therefore, an audit will be required with the recapping of the 2012 event no later than January 1, 2013 . 7. MEETING ATTENDANCE City Public Safety Staff shall attend all City pre -event planning meetings and event recap meetings if warranted. 8. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, 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, 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 Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 9. INSURANCE The Nonprofit 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 28, 2012, its agents, representatives, or employees. a. CG 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the 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 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) 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. 3) Liquor Liability: One million dollars ($1,0000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. 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, 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 NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. 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 Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, 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 of Temecula, the Temecula Community Services District, their officers, officials, employees or volunteers. 4) The Nonprofit'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 Nonprofit 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. Nonprofit 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. GOVERNING LAW The City and the Nonprofit 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. 11. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 12. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: 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 Temecula Valley Balloon & wine Festival Association P.O. Box 1254 Temecula, CA 92593 14. INDEPENDENT CONTRACTOR a. The Nonprofit 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 Nonprofit shall at all times be under the Nonprofit'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 Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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 Nonprofit shall riot incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall riot be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 15. 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. 16. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit 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 OFTEMECULA The Temecula Valley Balloon & Wine Festival Association (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 Carol Popejoy, Chief Executive Director ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Jeff Gavitt, Secretary The Temecula Valley Balloon and Wine Festival Association 41755 Rider Way, Unit 1 Temecula, CA92590 (951) 676-6713 (951) 676-5921 (fax) PM Initials: f1 Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS PREMIER SPONSOR (Attached) LA .e on• Wine FESTIVAL 2012 Premier Sponsor $26,775 June 2011 (Only one Premier Sponsorship available) 1. Identification as Premier Sponsor in all Festival materials 2. Full page, color ad in Festival program 3. Inclusion of logo in all Festival print advertising 4. Announcements in all Festival paid radio and newspaper advertising 5. Sponsor representative interviewed on projected radio remote broadcast 6. Right to use Festival logo on Premier Sponsor's materials (with Festival advance approval) 7. Four signs or banners on-site at event (Sponsor to provide) 8. Separate display tent in high -traffic area 9. Access to VIP Hospitality Tent for twenty guests 10. Linking of Premier sponsor's web site to Festival site 11. Recognized in Festival newsletter 12. Recognized in at least ten Festival news releases to general media 13. Sponsor's name in Festival brochure 14. Sixty adult Festival tickets 15. Thirty parking passes 16. Invitation to Sponsor Appreciation Dinner for twelve people 17. Thirty sets of Official Festival souvenir merchandise EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Attached In no event shall the Public Works City -Support Costs exceed $3,200. 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 Temecula Valley Balloon and Wine Festival 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 $ 450.00 $ 5,100.00 $ 3,115.00 $ 2,200.00 TOTAL VALUE: S 10,865.00 Item No. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Development DATE: February 28, 2012 SUBJECT: Mayoral appointments to the Oversight Board of the Successor Agency to the former Redevelopment Agency pursuant to Assembly Bill ABX1 26 Chapter 4 Section 34179 PREPARED BY: Luke Watson, Management Analyst RECOMMENDATION: Receive and File BACKGROUND: ABX1 26 was signed by the Governor of California on June29, 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. Effective February 1, 2012, as a result of the California Supreme Court decision upholding this leg islation, ABX1 26 dissolved all existing redevelopment agencies, provides for the designation of successor agencies as successorentities 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. By Resolution No. 12-02, the City Council elected for the City to become the successor agency to the Temecula Redevelopment Agency as provided by ABX1 26 and specifically Health and Safety Code Section 43173. ABX1 26 Section 34179 calls for the creation of Oversight Boards to oversee the winding down of the obligations of the former Redevelopment Agency. The Oversight Board consists of seven (7) members appointed by the following: 1. Two members appointed by the County Board of Supervisors 2. Two members appointed by the Mayor for the City that formed the Redevelopment Agency. 3. One member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former Redevelopment Agency, which is of the type of special district that is eligible to receive property tax revenues pursuant to Section 34188. In this case, the Riverside County Flood Control District 4. One member appointed by the County Superintendent of Education to represent schools. If the County Superintendent of Education is appointed, then the appointment shall be made by the County Board of Education. 5. One member appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. Pursuant to ABX1 26 Section 34179 the Mayor of the City of Temecula has appointed Jerry Gonzales to the Oversight Board as the member representing the employees of the former Redevelopment Agency. Additionally, pursuant to ABX1 26 Section 34179, the Mayor of the City of Temecula has appointed John Kelliher to the Oversight Board as the member representing the Mayor's discretionary appointment. Mr. Kelliher is a Board Member of the Temecula Valley Visitors and Convention Bureau. FISCAL IMPACT: None TEMECULA COMMUNITY SERVICES DISTRICT Item No. 15 ACTION MINUTES of February 4-415, 2012 City Council Chambers, 41000 Main Street, Temecula, California The regular meeting of the Temecula Community Services District scheduled for Tuesday, February 14, 2012 was continued to Wednesday, February 15, 2012 due to lack of quorum. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 21 Action Minutes - Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Naggar; electronic voted reflected unanimous approval. RECOMMENDATION: 21.1 Approve the action minutes of January 24, 2012. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:30 P.M. the City Council meeting was formally adjourned to Tuesday, February 28, 2012, at 5:00 P.M., for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, February 28, 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. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] Item No. 16 Approvals City Attorney Director of Finance City Manager N 110 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Robert C. Johnson, General Manager DATE: February 28, 2012 SUBJECT: Approval of Fiscal Year 2011-12 Mid -Year Budget Adjustments PREPARED BY: Genie Wilson, Director of Finance Heidi Schrader, Senior Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. CSD 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2011-12 ANNUAL OPERATING BUDGETS BACKGROUND: Each year a mid -year review is conducted of the Temecula Community Services District ("TCSD") operating budgets. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the TCSD maintains a prudent and healthy fiscal position. Finance Department staff has performed an analysis of revenues. Additionally, TCSD staff has reviewed the operating budgets and has identified any material adjustments required. The mid -year budget review includes the TCSD City-wide Parks and Recreation Fund, five Service Level Funds, the Library Fund, the Summer Youth Employment Program Fund, and the Debt Service Fund. Activity in each of the funds is presented in accordance with the following schedules: 1. SUMMARY OF REVENUES, EXPENDITURES, AND FUND BALANCES: Presents a summary of prior year and fiscal year 2011-12 to December 31, 2011 actual activity, as well as fiscal year 2011-12 current and revised budget amounts. Also included is a schedule of beginning and estimated ending fund balances based upon the proposed budget activity. 2. REVENUE DETAIL: The projected total TCSD revenues reflect a total decrease of $524,061. These changes from the current budget estimate include: A. City -Wide Fund: • General Operations: The net decrease in revenues of $573,912 is primarily due to a $500,000 reduction in the REST contribution from the General Fund due to Community Services savings in the prior fiscal year which led to excess fund balance. In addition, there is an anticipated reduction in expenditures for this fiscal year as outlined below which allowed the City to reduce the General Fund contribution. There is also an anticipated $98,800 decrease in Special Tax revenue as the actual equivalent dwelling units used to calculate this revenue were less than anticipated at budget adoption. This is offset by a net increase of $23,300 in Plan Check and Inspection fees. • Recreation: There is a net increase of $2,120 in Special Events due to sponsorship donations received for special events. • History Museum: There is an anticipated net increase of $1,625 in Day Camp receipts. • Aquatics: There is an anticipated $23,305 net increase in revenue as a result of swim lessons and pool rentals. • Sports: There is an anticipated net increase of $39,300 due increased activity related to tournaments, youth leagues and field rentals. • Children's Museum: There is an increase of $26,097 in anticipated museum admissions. This increase is primarily due to traffic from outside the Temecula area as the Temecula Children's Museum has won the Nickelodeon Parents' Picks Award for "Best Museum" and "Best Kids Party Place" two years in a row. • Community Theater: There is a net increase of $58,523 as a result of Theater admissions, equipment rentals and labor and ticket services reimbursements. • Harveston Center: There is a $50,000 increase in contracted classes revenue due to the popularity of classes at this premium venue. • Civic Center Conference Room: There is a $27,000 reduction in revenue as a result of utilization of the space by non -profits and other agencies who do not pay a rental fee. B. Service Level D: There is a net $19,329 decrease in revenues due to a decrease in assessments as the actual equivalent dwelling units used to calculate this revenue were less than anticipated at budget adoption. C. Library: There is a net $105,800 decrease in revenues due primarily to a $100,000 REST contribution as a result of Library Services savings in the prior fiscal year which led to an excess of fund balance. D. Debt Service: There is a $93,501 decrease in the Operating Transfer In from the Citywide Operations Fund as a result of the refinancing of the TCSD 2001 COPs which will be paid directly out of the General Fund 2011 Financing Lease 2001 & 2008 COPs fund in the future. 3. EXPENDITURE DETAIL: A total decrease in TCSD expenditures of $310,843 is proposed. Following is a summary of all proposed expenditure adjustments: A. City -Wide Fund: • General Operations: A net decrease in expenditures of $265,953 is primarily due to a decrease in Legal Services fees of $227,890 as a result of a settlement in the Community Theater litigation. There is also a reduction of $93,501 from the Operating Transfer Out to the Debt Service Fund as a result of the refinancing of the TCSD 2001 COPs which will be paid directly out of the General Fund 2011 Financing Lease 2001 and 2008 COPs fund in the future. There is also a reduction due to removing the Director of Community Services Position for three quarters of a year offset by the addition of an Executive Director of Community Services for one half year. • Recreation: An increase of $11,140 is anticipated partly due to the addition of a 12 person Part Time Project Special Events team. There will not be much impact in the current fiscal year, as most of the events have already occurred. A Part Time Project Recreation Leader has also been added, and is currently being recruited. • Temecula History Museum: A net decrease of $49,939 as a result of the retirement of the Full Time Museum Manager. This position has been filled by Part Time Project Staff, and a new Part Time Project Museum Services Manager is currently being recruited. • Community Theater: An increase of $28,000 is anticipated as a result of additional projects including two benefit concerts, increased bookings, sold out shows and Theater Staff assisting with Special Events. This additional cost is offset by increased anticipated revenue. • Harveston Center: An increase of $35,000 is anticipated as a result of increasing payments to instructors due to the popularity of classes at this premium venue. This expenditure increase is completely offset by increased revenue. • Civic Center Conference Room: An increase of $9,000 to purchase tables and chairs for the patio area. B. Service Level C (Slope Maintenance): An increase of $15,233 is due to an invoice in Zone 28 which was incorrectly credited in fiscal year 2010-11 and will be paid this fiscal year. C. Debt Service: There is a $93,501 decrease as a result of the refinancing of the TCSD 2001 COPs which will be paid directly out of the General Fund 2011 Financing Lease 2001 & 2008 COPs fund in the future. FISCAL IMPACT: The proposed mid -year adjustments will result in an additional decrease in fund balance of $213,218 bringing the TCSD total projected fund balances to $2,063,204 at June 30, 2012. ATTACHMENTS: 1. Resolution No. CSD 12- 2. Temecula Community Services District FY 2011-12 Mid -Year Budget RESOLUTION NO. CSD 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2011-12 ANNUAL OPERATING BUDGETS THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the Temecula Community Services District (TCSD) maintains a prudent and healthy fiscal position. Section 2. That each year a mid -year review is conducted of all Temecula Community Services (TCSD) operating budgets. Section 3. That the mid -year review has been completed and the recommended adjustments are reflected in the schedules attached hereto at Exhibit A. Section 4. That the Fiscal Year 2011-12 TCSD operating budgets are amended in accordance with the attached schedules. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 28th day of February, 2012. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 12- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 28th day of February, 2012, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City ClerklBoard Secretary EMECQ1989 "Ow TRADITIONS, NEW OPPORTUNITIES" Exhibit A Temecula Community Services District FY2011-12 Mid -Year Budget Citywide Fund Service Level "B" Fund Service Level "C" Funds Service Level "0" Fund Service Level "R" Fund Service Level "L" Fund Library Fund Summer Youth Employment Program Fund Debt Service Fund "Oi.J TRAU::IONS, Nis O PORI LiN. MLS," Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balances FY 2011-12 Mid -Year Budget All TCSD Funds - Combined 2010-11 2011-12 2011-12 2011-12 Proposed % Audited Current Year -to -Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues by Fund: Citywide Operations 11,114,043 12,132,120 6,341,900 11,732,178 (399,942) -3.3% Service Level B 971,871 937,360 626,369 936,949 (411) 0.0% Service Level C 1,613,502 1,587,022 798,478 1,589,947 2,925 0.2% Service Level D 5,898,656 6,034,716 2,911,177 6,015,387 (19,329) -0.3% Service Level R 1,312 7,376 3,106 5,572 (1,804) -24.5% Service Level L 238,820 230,196 119,320 230,496 300 0.1% Library 250,758 529,812 73,743 424,012 (105,800) -20.0% Summer Youth Employment 195,249 - (9) - - 0.0% Debt Service 245 - (11) - - 0.0% Total Revenues 20,284,456 21,458,602 10,874,073 20,934,541 (524,061) -2.4% Total Expenditures by Fund: Citywide Operations 10,791,523 12,088,814 5,324,336 11,856,062 (232,752) -1.9% Service Level B 948,789 958,730 484,635 958,730 - 0.0% Service Level C 1,157,377 1,767,026 587,740 1,782,259 15,233 0.9% Service Level D 5,844,331 6,183,025 70,538 6,183,025 - 0.0% Service Level R 6,325 10,150 141 10,150 - 0.0% Service Level L 227,888 262,350 101,005 262,350 - 0.0% Library 634,778 762,670 245,766 762,670 - 0.0% Summer Youth Employment 195,289 4,000 3,926 4,000 - 0.0% Debt Service 492,698 4,425,471 4,329,645 4,332,147 (93,324) -2.1% Total Expenditures 20,298,998 26,462,236 11,147,732 26,151,393 (310,843) -1.2% Excess of Revenues Over (Under) Expenditures (14,542) (5,003,634) (273,659) (5,216,852) (213,218) 4.3% Operating Transfers In (Out): Citywide Operations/ Debt Service (489,653) (495,480) (399,489) (401,979) 93,501 -18.9% Citywide Operations/ Summer Youth (4,000) (4,000) (4,000) - 0.0% Citywide Operations) Capital Improvement (192,000) (192,000) (192,000) - 0.0% Summer Youth 1 Citywide Operations - 4,000 4,000 4,000 - 0.0% Debt Service 1 CityAde Operations 489,653 495,480 399,488 401,979 (93,501) -18.9% Debt Service/2011 Financing Lease 3,929,991 3,929,991 3,929,991 - 0.0% Total Operating Transfers: Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year 3,737,991 3,737,990 3,737,991 (14,542) (1,265,643) 3,464,331 (1,478,861) (213,218) -1.3% 3,556,607 3,542,065 3,542,065 3,542,065 Fund Balances, End of Year 3,542,065 2,276,422 7,006,396 2,063,204 Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balances FY 2011-12 Mid -Year Budget Citywide Fund 2010-11 2011-12 2011-12 2011-12 Proposed % Audited Current Year -to -Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues by Department General Operations 9,084,445 10,062,353 5,425,838 9,488,441 (573,912) -5.7% Senior Center 11,154 12,541 5,347 12,541 - 0.0% Community Recreation Center 53,358 52,326 19,315 52,326 - 0.0% Recreation 873,484 770,780 275,272 772,900 2,120 0.3% Temecula Community Center 30,537 31,785 14,743 31,785 - 0.0% Temecula History Museum 12,054 7,900 4,239 9,525 1,625 20.6% Aquatics 193,481 155,500 72,106 178,805 23,305 15.0% Sports 357,211 274,000 113,795 313,300 39,300 14.3% Temecula Children's Museum 133,878 104,003 62,835 130,100 26,097 25.1% Community Theater 347,849 336,922 198,737 395,445 58,523 17.4% Harveston Center 14,259 285,010 144,013 335,010 50,000 17.5% Civic Center Conference Center 2,333 39,000 5,660 12,000 (27,000) -69.2% 11,114,043 12,132,120 6,341,900 11,732,178 (399,942) -3.3% Total Expenditures by Department - General Operations 6,118,113 6,619,703 2,862,255 6,353,750 (265,953) -4.0% Senior Center 257,972 307,758 132,867 307,758 - 0.0% Community Recreation Center 497,215 576,189 229,528 576,189 - 0.0% Recreation 986,527 953,123 441,503 964,263 11.140 1.2% Temecula Community Center 261,914 192,848 72,718 192,848 - 0.0% Temecula History Museum 228,971 249,379 94,690 199,440 (49,939) -20.0% Aquatics 574,162 617,759 288,522 617,759 0.0% Sports 326,141 307,489 159,892 307,489 0.0% Temecula Children's Museum 321,509 351,732 169,709 351,732 - 0.0% Community Theater 1,026,486 1,109,486 540,441 1,137,486 28,000 2.5% Cultural Arts 70,513 343,903 190,693 343,903 - 0.0% Old Town Maintenance 93,348 132,937 41,059 132,937 - 0.0% Harveston Center 28,652 287,908 95,193 322,908 35,000 12.2% Civic Center Conference Center - 38,600 5,266 47,600 9,000 23.3% 10,791,523 12,088,814 5,324,336 11,856,062 (232,752) -1.9% Excess of Revenues Over (Under) Expenditures 322,520 43,306 1,017,564 (123,884) (167,190) -386.1% Operating Transfers Out (489,653) (691,480) (595,489) (597,979) 93,501 -13.5% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (167,133) (648,174) 422,075 (721,863) 73,689 11.4% Fund Balance, Beg. of Year 1,357,614 1,190,481 1,190,481 1,190,481 Fund Balance, End of Year 1,190,481 542,307 1,612,556 468,618 THE pry INC. 1989 "0L) TE nl>:: a:7 ,s; N r:;. Opp°Ragas„ Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balances FY 2011-12 Mid -Year Budget Service Level "B” Fund 2010-11 2011-12 2011-12 2011-12 Proposed % Audited Current Year -to -Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 971,871 937,360 626,369 936,949 (411) 0.0% Total Expenditures 948,789 958,730 484,635 958,730 - 0.0% Excess of Revenues Over (Under) Expenditures 23,082 (21,370) 141,734 (21,781) (411) 1.9% Fund Balance, Beg. of Year 68,886 91,968 91,968 91,968 Fund Balance, End of Year 91,968 70,598 233,702 70,187 Service Level "C" Funds -500-530 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Year -to -Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 1,613,502 1,587,022 798,478 1,589,947 2,925 0.2% Total Expenditures 1,157,377 1,767,026 587,740 1,782,259 15,233 0.9% Excess of Revenues Over (Under) Expenditures 456,125 (180,004) 210,738 (192,312) (12,308) 6.8% Fund Balance, Beg. of Year 686,958 1,143,083 1,143,083 1,143,083 Fund Balance, End of Year 1,143,083 963,079 1,353,821 950,771 Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balances FY 2011-12 Mid -Year Budget Service Level "D" Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Year -to -Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 5,898,656 6,034,716 2,911,177 6,015,387 (19,329) -0.3% Total Expenditures 5,844,331 6,183,025 70,538 6,183,025 - 0.0% Excess of Revenues Over (Under) Expenditures 54,325 (148,309) 2,840,639 (167,638) (19,329) 13.0% Fund Balance, Beg. of Year 251,532 305,857 305,857 305,857 Fund Balance, End of Year 305.857 157.548 3.146.496 138.219 Service Level "R" Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Year -to -Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 1,312 7,376 3,106 5,572 (1,804) -24.5% Total Expenditures 6,325 10,150 141 10,150 - 0.0% Excess of Revenues Over (Under) Expenditures (5,013) (2,774) 2,965 (4,578) (1,804) 65.0% Fund Balance, Beg. of Year Fund Balance, End of Year 10,045 5,032 5,032 5,032 5,032 2,258 7,997 454 Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balances FY 2011-12 Mid -Year Budget Service Level "L" Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Year -to -Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 238,820 230,196 119,320 230496 300 0.1% Total Expenditures 227,888 262,350 101,005 262,350 0.0% Excess of Revenues Over (Under) Expenditures 10,932 (32,154) 18,315 (31,854) 300 -0.9% Fund Balance, Beg. of Year 228,308 239,240 239,240 239,240 Fund Balance, End of Year 239240 207086 257555 207386 Library Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Year -to -Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 250,758 529,812 73,743 424,012 (105,800) -20.0% Total Expenditures 634,778 762,670 245,766 762,670 - 0.0% Excess of Revenues Over (Under) Expenditures (384,020) (232,858) (172,023) (338,658) (105,800) 45.4% Fund Balance, Beg. of Year Fund Balance, End of Year 932,325 548,305 548,305 548,305 548,305 315,447 376,282 209,647 Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balances FY 2011-12 Mid -Year Budget Total Revenues Total Expenditures Operating Transfer In TCSD Citywide Summer Youth Employment Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Year -to -Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) 195,249 195,289 (9) 4,000 3,926 0.0% 4,000 - 0.0% 4,000 4,000 4,000 - 0.0% Excess of Revenues Over (Under) Expenditures and Operating Transfer In (40) 65 - - 0.0% Fund Balance, Beg. of Year Fund Balance, End of Year 17,962 17,922 17,922 17,922 17,922 17,922 17,987 17,922 TCSD Debt Service Fund 2010-11 2011-12 2011-12 2011-12 Proposed 0/0 Audited Current Year -to -Date Revised Increase Increase Actuals Budget Actuals Budget (Decrease) (Decrease) Total Revenues 245 - (11) - - 0.0% Total Expenditures 492,698 4,425,471 4,329,645 4,332,147 (93,324) -2.1% Excess of Revenues Over (Under) Expenditures (492,453) (4,425,471) (4,329,656) (4,332,147) 93,324 -2.10/0 Operating Transfer In TCSD Citywide 489,653 495,480 399,488 401,979 (93,501) -18.9% 2011 Financing Lease (395) 3,929,991 3,929,991 3,929,991 - 0.0% Excess of Revenues Over (Under) Expenditures and Operating Transfer In (2,800) - (177) (177) 177 0.0% Fund Balance, Beg. of Year 2,977 177 177 177 Fund Balance, End of Year 177 177 INC. 1989 Temecula Community Services District Revenue Detail -Citywide Fund FY 2011-12 Mid -Year Budget FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Acct# 190 TCSD FUND Revenue 12/31/11 Budget Estimates $ CHANGE % CHANGE DEPT 180 Parks and Recreation 4004 -Special Tax 3,847,346 2,004,874 3,847,431 3,748,631 (98,800) -2.57% Various (40!-Ivliscellaneous Non Taxable (164) - 0.00% 4062 -Recovery of Prior Year Expense 133,236 - 4065+4545 -Investment Interest 12,236 3,734 1,900 6,000 4,100 215.79% 4073 -TCSD Admin Fee Credit/"Rest" 5,001,304 3,369,318 6,140,227 5,640,227 (500,000) -8.14% 4076 -Reimbursements 196 200 200 0.00% 4077 -Lease Income 43,060 22,218 43,463 43,463 - 0.00% 4084 -Reimbursements (CIP) 27,809 1,058 25,000 25,000 - 0.00% 4090 -Operating Transfers In - - 0.00% 4104 -Extension of Time 746 - 0.00% 4107 -Parcel Maps 485 - 0.00% 4119 -Development Plan 572 - 0.00% 4121 -Major Modification 1,751 - 0.00% 4131 -Development/Annexation Agreement - 4139 -Condo Tract Map 1,095 - 0.00% 4151 -Parcel Map Check 323 342 400 400 0.00% 4152 -Tract Map Check - 0.00% 4192 -Specific Plan Amendment - 0.00% 4284 -Median/Park Plan Check 2,202 2,202 2,300 2,300 0.00% 4290 -Inspection Fees - 0.00% 4291 -Inspectiion Fees -Contract 21,000 21,000 21,000 4360 -Improvement Plan Ck Off -Site 220 216 220 220 0.00% 4370 -Landscape Plan Check 10,405 - 0.00% 4390 -Street Lighting Fees 1,819 680 4,332 1,000 (3,332) -76.92% TOTAL Parks and Recreation 9,084,445 5,425,838 10,062,353 9,488,441 (573,912) -5.70% DEPT 181 Senior Center 4051 -Donations 400 400 - 0.00% 4070 -Cash Over & Short 11 4980 -Classes/Activities 852 566 566 - 0.00% 4983 -Transportation 1,692 911 1,675 1,675 - 0.00% 4986 -Excursions 2,113 1,026 2,100 2,100 - 0.00% 4990 -Indoor Rentals 6,497 3,399 7,800 7,800 - 0.00% TOTAL Senior Center 11,154 5,347 12,541 12,541 - 0.00% DEPT 182 Community Recreation Center 4980 -Classes/Activities 18,121 5,294 16,232 16,232 - 0.00% 4990 -Indoor Rentals 35,237 14,021 36,094 36,094 - 0.00% TOTAL Community Recreation Center 53,358 19,315 52,326 52,326 - 0.00% DEPT 183 Recreation 4070 -Cash Over & Short (8) 326 - 0.00% 4982 -Contracted Classes 712,675 216,495 630,000 630,000 - 0.00% 4984 -Day Camp 112,317 27,945 97,200 97,200 - 0.00% 4986 -Excursions 1,520 - 0.00% 4989 -Picnic Shelter Rentals 8,894 2,922 7,860 7,860 - 0.00% 4992 -Special Events 31,958 25,205 27,880 30,000 2,120 7.60% 4995 -High Hopes 1,024 144 840 840 - 0.00% 4998 -Skate Park 5,104 2,235 7,000 7,000 - 0.00% TOTAL Recreation 873,484 275,272 770,780 772,900 2,120 0.28% Temecula Community Services District Revenue Detail -Citywide Fund FY 2011-12 Mid -Year Budget FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Acct# 190 TCSD FUND Revenue 12/31/11 Budget Estimates $ CHANGE % CHANGE DEPT 184 Temecula Community Center 4077 -Pantry Trailer Rental Payment 4,400 - 0.00% 4977 -After School Program 14,078 10,372 20,825 20.825 - 0.00% 4980 -Classes/Activities - 10 500 500 - 0.00% 4990 -Indoor Rentals 12,059 4,361 10,460 10,460 - 0.00% TOTAL Temecula Community Center 30,537 14,743 31,785 31,785 - 0.00% DEPT 185 History Museum 4980 -Classes/Activities 370 370 - 0.00% 4984 Day Carnp 3,936 65 1,430 3,055 1,625 113.64% 4990 -Indoor Rentals 1,080 600 900 900 - 0.00% 4991 -Museum Admissions 7,038 3,574 5,200 5,200 - 0.00% TOTAL History Museum 12,054 4,239 7,900 9,525 1,625 20.57% DEPT 186 Aquatics 4970 -Swim Lessons 109,924 34,463 72,000 100,305 28,305 39.31% 4971 -Lap Swim 8,595 5,345 7,500 8,500 1,000 13.33% 4972 -Public Swim 21,554 15,302 29,000 20,000 (9,000) -31.03% 4973 -Family Night Swim 722 641 1,000 1,000 - 0.00% 4974 -Pool Rentals 43,051 10,955 37,000 40,000 3,000 8.11% 4976 -Non-resident Swim 9,635 5,400 9,000 9,000 - 0.00% TOTAL Aquatics 193,481 72,106 155,500 178,805 23,305 14.99% DEPT 187 Sports 4960 -Adult Softball 89,840 7,150 75,600 75,600 - 0.00% 4961 -Adult Basketball - 0.00% 4963 -Tournaments 104,967 41,225 68,000 100,000 32,000 47.06% 4964 -Adult Leagues (non-resident) 6,440 500 6,250 6,250 - 0.00% 4965 -Youth Leagues (non-resident) 18,622 8,820 15,000 17,000 2,000 13.33% 4966 -Open Gym 2,767 1,410 2,250 1,550 (700) -31.11% 4988 -Field Rentals/Lights 126,995 48,574 94,000 100,000 6,000 6.38% 4997 -Sports Concessions 7,580 6,116 12,900 12,900 - 0.00% TOTAL Sports 357,211 113,795 274,000 313,300 39,300 14.34% DEPT 188 Children's Museum 4070 -Cash Over & Short (90) (23) - 0.00% 4991 -Museum Admissions 133,968 62,858 104,003 130,100 26,097 25.09% TOTAL Children's Museum 133,878 62,835 104,003 130,100 26,097 25.09% DEPT 189 Community Theater 4025 -Interstate Dance Grant 27,000 30,000 30,000 - 0.00% 4051 -Donations 500 - 1,500 1,000 (500) -33.33% 4070 -Cash Over & Short (20) 10 - 0.00% 4901 -Theater Ushers 7,749 5,950 9,000 12,000 3,000 33.33% 4906 -Theater - Stagehand Labor Reimb 92,147 54,888 90,006 94,500 4,494 4.99% 4907 -Theater - Ticket Services Reimb 35,134 29,557 40,000 49,625 9,625 24.06% 4910 -Theater - Temecula Presents 84,539 37,451 65,016 79,920 14,904 22.92% 4990 -Theater Rentals 65,585 39,733 70,000 70,000 - 0.00% 4991 -Theater Admissions 15,358 20,384 15,000 41,000 26,000 173.33% 4997 -Concessions 4,629 600 1,200 1,200 - 0.00% 4999 -Theater-Equipment Rentals 15,228 10,164 15,200 16,200 1,000 6.58% TOTAL Community Theater 347,849 198,737 336,922 395,445 58,523 17.37% Temecula Community Services District Revenue Detail—Citywide Fund FY 2011-12 Mid -Year Budget FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Acct# 190 TCSD FUND Revenue 12/31/11 Budget Estimates $ CHANGE % CHANGE DEPT 192 Harveston Center 4982 -Contracted Classes 14,059 128,736 220,000 270,000 50,000 22.73% 4990 -Indoor Rentals 200 15,277 65,010 65,010 - 0.00% TOTAL Harveston Center 14,259 144,013 285,010 335,010 50,000 17.54% DEPT 193 Civic Center Conference Room - 0.00% 4990 -Indoor Rentals 2,333 5,660 39,000 12,000 (27,000) -69.23% TOTAL Civic Center Conference Room 2,333 5,660 39,000 12,000 (27,000) -69.23% TOTAL TCSD 11,114,043 6,341,900 12,132,120 11,732,178 (399,942) -3.30% Acct # 4005 -Assessments 4065+4545 -Investment Interest 4073 -TCSD Admin Fee Credit/REST 4390 -Street Lighting Fees Temecula Community Services District Revenue Detail -All Service Level Funds FY 2011-12 Mid -Year Budget 192 SERVICE LEVEL B FUND FY 2010-11 Revenue 648,844 642 312,989 9,396 TOTAL SERVICE LEVEL B FUND 971,871 Acct# SERVICE LEVEL C FUNDS 500-530 4005 -Assessments 4062 -Recovery of Prior Year Expense 4065+4545 -Investment Interest 4371 -Slope Inspection Fees FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates 332,980 641,435 641,384 24 400 40 293,365 293,365 293,365 2,160 2,160 626,3- 69 937,360 936,949 $ CHANGE % CHANGE (51) -0.01% (360) -90.00% - 0.00% - 0.00% (411) -0.04% FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Revenue 12/31/11 Budget Estimates 1,607,478 792,649 1,583,422 1,583,122 112 - 5,912 3,884 3,600 6,825 1,945 $ CHANGE % CHANGE (300) -0.02% - 0.00% 3,225 89.58% - 0.00% TOTAL SERVICE LEVEL "C" FUNDS 1,613,502 Acct# 194 SERVICE LEVEL D FUND 4005 -Assessments 4025 -Grants 4065+4545 -Investment Interest 4096 -Recycling Program TOTAL SERVI CE LEVEL D FUND Acct# 195 SERVICE LEVEL R FUND 4005 -Assessments 4065+4545 -Investment Interest TOTAL SERVI CE LEVEL R FUND Acct# 196 SERVICE LEVEL L FUND 4005 -Assessments 4007-Harveston Lake Boat Revenue 4065+4545 -Investment Interest TOTAL SERVICE LEVEL L FUND 798,478 1,587,022 1,589,947 2,925 0.18% FY 2010-11 Revenue 5,869,114 12,543 10,153 6,846 5,898,656 FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates 2,880,587 6,000,795 5,979,702 27,685 26,821 27,685 2,374 2,100 3,000 531 5,000 5,000 2,911,177 6,034,716 6,015,387 $ CHANGE % CHANGE (21,093) -0.35% 864 3.22% 900 42.86% - 0.00% (19,329) -0.32% FY 2010-11 Revenue 1,221 91 YTD FY 2011-12 12/31/11 Budget 3,083 7,376 23 - FY 2011-12 Mid Year Estimates 5,532 40 $ CHANGE % CHANGE (1,844) -25.00% 40 0.00% 1,312 3,106 7,376 5,572 (1,804) -24.46% FY 2010-11 Revenue 234,419 2,325 2,076 238,820 FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates 116,673 225,596 225,596 1,778 3,000 3,600 869 1,600 1,300 119,320 230,196 230,496 $ CHANGE % CHANGE - 0.00% 600 20.00% (300) -18.75% 300 0.13% Temecula Community Services District Revenue Detail FY 2011-12 Mid -Year Budget Acct# 197 LIBRARY FUND 4051 -Library Donations 4062 -Recovery of Prior Year Expenditures 4065+4545 -Investment Interest 4070 -Cash Over & Short 4073 -TCSD Admin Fee Credit/REST 4271 -Fines & Fees 4272 -Lost Damaged Materials 4273 -Printing & Copies 4274 -Facilities Rentals Library Fund FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Revenue 12/31/11 Budget Estimates 1,035 15 12,560 - 8,584 2,278 9,300 4,000 (101) 76,854 - 373,511 273,511 100,565 47,581 100,000 100,000 6,888 2,624 6,500 6,000 28,564 14,461 25,999 25,999 15,809 6,784 14,502 14,502 250,758 73,743 529,812 424,012 TOTAL LIBRARY FUND $ CHANGE % CHANGE 0.00% 0.00% (5,300) -56.99% 0.00% (100,000) -26.77% 0.00% (500) -7.69% 0.00% 0.00% (105,800) -19.97% Summer Youth Employment Fund FY 2011-12 FY 2010-11 YTD FY 2011-12 Mid Year Acct# 375 SUMMER YOUTH EMPLOYMENT PROGRAM Revenue 12/31/11 Budget Estimates 195,249 - 4025 -Federal Grant 4065+4545 -Investment Interest 4090 -Operating Transfer In TOTAL SUMMER YOUTH EMPLOYMENT FUND (9) 4,000 4,000 4,000 $ CHANGE % CHANGE 0.00% 0.00% 0.00% 195,249 3,991 4,000 4,000 0.00% TCSD Debt Service Fund FY 2010-11 Acct # 390 DEBT SERVICE FUND Revenue 4065 -Investment Interest 245 4090 -Operating Transfer In 489,653 TOTAL DEBT SERVICE FUND 489,898 FY 2011-12 YTD FY 2011-12 Mid Year 12/31/11 Budget Estimates (11) - - 4,329,479 4,425,471 4,331,970 4,329,468 4,425,471 4,331,970 $ CHANGE % CHANGE 0.00% (93,501) -2.11% (93,501) -2.11% Item No. 17 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/Director of Community Services DATE: February 28, 2012 SUBJECT: City of Temecula Wall of Honor — Shawn Nelson RECOMMENDATION: Approve the recommendation from the Community Services Commission to permanently place the name of Shawn Nelson, former City Manager, on the Wall of Honor located in the Temecula History Museum and the Temecula Civic Center. BACKGROUND: On September 28, 1999, the Community Services District Board of Directors approved the amended procedures for the selection of entries to be honored by placement of their names on the Wall of Honor. The Wall of Honor is intended to honor and recognize individuals who have made an outstanding contribution to the City of Temecula. The names of the designated individuals will be permanently displayed in a prominent location in the Tony and Mildred Tobin Rotunda in the Temecula History Museum and on the Wall of Honor located in the Temecula Civic Center. On January 31, 2012 the Community Services Department received a nomination from the City Council Wall of Honor Adhoc Subcommittee of Jeff Comerchero and Maryann Edwards recommending Shawn Nelson be recognized on the Wall of Honor. At the Community Services Commission meeting on February 13, 2012, the Community Services Commission approved the recommendation to place Shawn Nelson's name on the Wall of Honor. FISCAL IMPACT: None ATTACHMENT: Nomination Nominee: When completed, please return to: City of Temecula TCSD- Attention Gail Zigler 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-0033 (951)694-6480 fax (951)694-6488 City of Temecula Wall ofHonor Nominalion Shawn Nelson Date: 1/31/2012 Nominee's Address: Nominee's Phone Number: (951) 541-1486 Statement in support of the nominee (one hundred words or less): Shawn Nelson has served the citizens of Temecula since 1990, and has been a dedicated public servant for 30 years. Shawn's contributions in the community are immeasurable. Shawn was hired shortly after incorporation as the Director of Community Services, and was responsible for developing a team to establish a park system in the City of Temecula, as well as create and implement many of the recreation programs that are offered today. Shawn's contributions to the Community as the City Manager of the City of Temecula have helped make Temecula one of the safest cities in the State of California, as well as one of the more fiscally sound cities. Shawn has worked tirelessly to ensure that the residents of the City of Temecula can be confident that their taxpayer dollars are spent wisely and yet Temecula remains one of the best places to live because with a multitude of parks and recreation facilities, activities and events, shopping and cultural experiences, with a focus on safety and quality of life. TCSD DEPARTMENTAL REPORT Item No. 18 Approvals City Attorney Director of Finance City Manager tar TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Assistant City Manager/Director of Community Services DATE: February 28, 2012 SUBJECT: Community Services Department Monthly Report PREPARED BY: Gail Zig ler, Administrative Assistant RECOMMENDATION: Receive and file. BACKGROUND: The following provides an overview of the Community Services Department's programs, activities and events: The Community Services Department released an RFP for a public art piece for Third Street, Old Town Temecula. Nine submittals were received, and six firms were selected to participate in an interview process. Currently staff is working with the top ranked firm to further evaluate the concept and proposal. . The Community Services Department is currently programming for a large scale benefit concert to be held on March 1, 2012 at the Civic Center. City Council approved a benefit concert by the Stephen Siller Tunnel to Towers Foundation featuring the Lt. Dan Band (Gary Sinise) to benefit triple amputee Marine Veteran Juan Dominguez. Leading up to the festivities that will take place on March 1, 2012, a special Valentine's Day ceremony for Juan Dominguei s was held at the Civic Center on February 14, 2012. In addition to the March 1, 2012 concert, the Recreation Division is currently programming for the Annual Special Games event, the spring Egg Hunt events, and preliminarily planning for the of July festivities. Upcoming Old Town events include the Spring Rod Run and the Bluegrass Festival. The Human Services Division held a "Dance Fusion" middle school dance on Friday, February 10, 2012 with over 100 middle school students and some of their teachers in attendance. A very successful SAT prep test was held in late January and due to the overwhelming demand, the City has added an additional test date in April. The Human Services Division is busy preparing for the Science and Technology Invitational to be held on March 3, 2012, the College Fair, and programming a variety of classes and activities for Temecula's youth and the Special Needs community. The Cultural Arts Division hosted an artist reception at the Merc on Friday, February 10, 2012. The show features the works of local artist Donald Van Selus. Mr. Van Selus is a remarkable sketch artist and his work is currently on display at the Gallery at the Merc and the Temecula Public Library. The Temecula History Museum currently has on display an exhibit entitled "Tools of the Trade", and is hosting a variety of lectures and activities associated with Black History month. Item No. 19 Approvals City Attorney Director of Finance Nth" City Manager JOINT SPECIAL MEETING OF TEMECULA CITY COUNCIL ACTING AS GOVERNING BODY OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AND THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT City Council Acting as the Governing Body of the Successor Agency to the TO: Temecula Redevelopment Agency FROM: Patrick Richardson, Director of Planning and Development DATE: February 28, 2012 SUBJECT: Designation of the Successor Agency to the Redevelopment Agency of the City of Temecula under ABX1 26 (Part 1.85 of the Health and Safety Code) and establishment of rules and regulations for the operation of the Successor Agency PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopt the following Resolution: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACTING AS THE GOVERNING BODY FOR THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATIONS OF THE SUCCESSOR AGENCY AS A NEW LEGAL ENTITY SEPARATE FROM THE CITY AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH BACKGROUND: The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). 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." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. 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. ABX1 26 and ABX1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. 5194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. DISCUSSION: This Resolution provides that the Successor Agency to the Temecula Redevelopment Agency is a distinct legal entity, separate from the City. Assembly member Blumenfield, the author of AB 26, stated in a letter of clarification addressed to the California State Assembly on January 10, 2012 that cities are "distinct legal entities from successor agencies, and therefore the liabilities of the former redevelopment agencies and the successor agencies do not become the liabilities of the corresponding cities." As a new legal entity, this Resolution directs that the Secretary of the Successor Agency file the prescribed form with the Secretary of State and the County Clerk in accordance with Government Code Section 53051 that will add the Successor Agency to the Roster of Public Agencies maintained by these offices. This Resolution further provides that the Successor Agency will be governed by a Board of Directors, which shall consist of the members of the City Council, that the Mayor and Vice Mayor will serve as Chair and Vice Chair of the of the Board, and provides for regular meetings of the Board (to occur after the regular meetings of the City Council). The Resolution designates the City Manager as Executive Director, the City Clerk as Secretary, and the City Finance Director as the Finance Officer of the Successor Agency. A local conflict of interest code and local CEQA guidelines will be prepared for adoption by the Board at a subsequent meeting. The Successor Agency will exercise the powers necessary to perform all of the functions described in Health and Safety Code Section 34177, as well as any other powers granted under law. The Successor Agency's statutory functions include making payments and performing obligations required under enforceable obligations, continuing to collect loans and other revenue on behalf of the former redevelopment agency, continuing to oversee development of properties until the contracted work has been completed, and disposing of assets and properties of the former redevelopment agency as directed by the oversight board. The Successor Agency also will prepare proposed administrative budgets and submit them to the oversight board for its approval, pursuant to Health and Safety Code Section 341770). As a separate legal entity, Successor Agency assets shall be maintained separately from City assets. Health and Safety Code Section 34173(e) states that "the liability of any successor agency shall be limited to the extent of the total sum of property tax revenues it receives pursuant to this part and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency." The Resolution provides that the Successor Agency shall indemnify the City for any claims arising from its activities, and its liabilities shall not be the City's liabilities. FISCAL IMPACT: In accordance with Health and Safety Code Section 34173(e), the liability of the Successor Agency, acting pursuant to the powers granted under Part 1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations of the Successor Agency and not of the City. Sections 34170.5(a) and (b) of the Health and Safety Code provides for an administrative cost allowance is an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5% of the property tax allocated to the successor agency for the 2011-12 fiscal year and up to 3% of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter. However, the amount shall not be less than $250,000 for any fiscal year or such lesser amount as agreed to by the successor agency. The allowance amount will exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax. ATTACHMENTS: Resolution RESOLUTION NO. SARDA 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACTING AS THE GOVERNING BODY FOR THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATIONS OF THE SUCCESSOR AGENCY AS A NEW LEGAL ENTITY SEPARATE FROM THE CITY AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING AS THE GOVERNING BODY FOR THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, HEREBY RESOLVES AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). 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." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. 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. B. ABX1 26 and ABX1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from AB X1 27 and enforced independently. E. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later. F. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. G. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. H. The City Council, acting as the governing board for the successor agency, hereby desires to adopt a name for that separate legal entity and establish rules and regulations that will apply to the governance and operations of the successor agency. Section 2. Designated Successor Agency. Pursuant to City Council Resolution No. 12-02, by which the City elected to serve as the successor agency to the Temecula Redevelopment Agency under Part 1.85 upon the Agency's dissolution (the "Successor Agency"), and the Agency having been dissolved by operation of law on February 1, 2012, the Successor Agency is hereby declared constituted. Section 3. Separate Legal Entity. The Successor Agency is a distinct and separate legal entity from the City, and is hereby named "Successor Agency to the Temecula Redevelopment Agency," the sole name by which it will exercise its powers and fulfill its duties pursuant to Part 1.85. Section 4. Governance. A. Board of Directors. The Successor Agency shall be governed by a Board of Directors (the "Board"), which shall exercise the powers and perform the duties of the Successor Agency. The Board shall consist of the members of the City Council of the City. B. Board Officers. The Board shall have a Chair to preside at and conduct all meetings and a Vice Chair who shall act in the absence of the Chair. The offices of the Chair and Vice Chair shall be filled by the Mayor and Mayor Pro Tem, respectively, of the City Council of the City as such positions now exist or may hereafter be changed by the City Council. C. Meetings of the Board. The Board shall hold regular meetings on the second and fourth Tuesdays of each month at 5:30 p.m. for closed sessions and 7:00 p.m. for regular meetings of the Board. If a regular meeting falls on a City holiday, such meeting shall be held on the immediately following day at 5:30 p.m. for closed sessions and 7:00 p.m. for regular meetings. The Board may adopt such rules and procedures for conducting such meetings and other business as the Board deems appropriate. The rules of procedure for City Council meetings shall govern meetings of the Board to the extent such rules are consistent with any rules adopted by the Board. All meetings of the Board including, without limitation, regular, adjourned regular, and special meetings shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the California Government Code. D. Quorum. The presence of a majority of the Board members at a meeting shall constitute a quorum for the transaction of Successor Agency business. Less than a quorum may adjourn or continue meetings from time to time. E. Voting. Except as otherwise provided by law or resolution of the Board, decisions of the Board shall be made by a majority of a quorum. F. Executive Director. The City Manager of the City shall serve as Executive Director of the Successor Agency. The Executive Director may appoint officers and employees as necessary to perform the duties of the Successor Agency. The Executive Director also may delegate the performance of his or her duties to other officers or employees. G. Secretary. The City Clerk of the City shall serve as secretary to the Successor Agency. H. Finance Officer. 1. The Director of Finance of the City shall serve as Finance Officer of the Successor Agency. 2. The Finance Officer shall have the care and custody of all funds of the Successor Agency and maintain separate fund accounting for the Successor Agency activity. 3. Subject to amendments by the Board, the Investment Policy of the City, as now exists or may hereafter be amended, is hereby adopted by reference by the Board from the Successor Agency. Legal Counsel. The Board may retain such legal counsel as necessary or convenient to carry out its functions. The City Attorney of the City shall serve as the General Counsel to the Board. J Additional Duties. 1. The officers of the Successor Agency shall perform such other duties and functions as may from time to time be required or directed by the Board of the Successor Agency. 2. Until such time as the Board may adopt a different procedure, the Chair or Vice Chair, in the absence the Chair, and the Executive Director may sign, all orders and checks for the payment of money. 3. The Chair, or Vice Chair in the absence of the Chair may sign deeds, contracts and other instruments as have been approved by the Board. 4. The Executive Director may enter into agreements on behalf of the Successor Agency to the same extent as the City Manager of the City is authorized to enter into agreements on behalf of the City. Section 5. Powers and Duties of the Successor Agency. A. The Successor Agency shall have the authority to perform the functions and duties described in Part 1.85, including but not limited to making payments and performing obligations required by enforceable obligations and winding down the affairs of the Agency. B. The Successor Agency also may exercise any other powers provided by statute or granted by law. C. The Successor Agency shall also have such other powers as are necessary or convenient to carry out its functions and duties as described n Part 1.85. Section 6. Successor Agency Funds and Obligations. All assets held by or under the control of the Successor Agency shall be maintained in funds established by the Successor Agency and shall be kept separate and apart from the funds and accounts of the City. Section 7. Indemnification and Liability. A. Indemnification. The Successor Agency shall defend, indemnify, and hold harmless the City, and its City Council, boards, commissions, officers, employees and agents, from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Successor Agency. B. Liability. In accordance with Health and Safety Code Section 34173(e), the liability of the Successor Agency, acting pursuant to the powers granted under Part 1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations of the Successor Agency and not of the City. Section 8. Roster of Public Agencies Filing. The Secretary to the Successor Agency shall file on the prescribed form the statement of public agency with the Secretary of State and County Clerk in accordance with Government Code Section 53051. Section 9. Certification. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency of the Temecula Redevelopment Agency this 28th day of February, 2012. Chuck Washington, 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 Successor Agency of the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 12- was duly and regularly adopted by the Board Members of the Successor Agency of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 28th day of February, 2012, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Item No. 20 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager JOINT SPECIAL MEETING OF TEMECULA CITY COUNCIL ACTING AS GOVERNING BODY OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AND THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Board of Directors of the Successor Agency to the Temecula Redevelopment Agency Patrick Richardson, Director of Planning and Development February 28, 2012 Actions by the Successor Agency to the Temecula Redevelopment Agency under ABX1 26 (Part 1.85 of the Health and Safety Code) to: (1) adopt an Enforceable Obligation Payment Schedule; (2) adopt a Recognized Obligation Payment Schedule; (3) authorize Successor Agency Investments in Local Agency Investment Fund; (4) create a Redevelopment Obligation Retirement Fund PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: 1. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 2. The Board of Directors of the Successor Agency Temecula Redevelopment Agency adopt a resolution entitled: to the RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A DRAFT INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 3. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AUTHORIZING THE INVESTMENT OF MONEYS IN THE LOCAL AGENCY INVESTMENT FUND OF THE STATE OF CALIFORNIA AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 4. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CREATING A REDEVELOPMENT OBLIGATION RETIREMENT FUND PURSUANT TO HEALTH AND SAFETY CODE SECTION 34170.5 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH BACKGROUND: The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). 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." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. 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. ABX1 26 and ABX1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the Agency's dissolution. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). BACKGROUND: Enforceable Obligations Schedule. Pursuant to Health and Safety Code Section 34177, successor agencies are required to continue to make payments due for enforceable obligations of the former redevelopment agencies. On and after February 1, 2012, and until a Recognized Obligation Payment Schedule becomes operative, only payments required pursuant to an enforceable obligation payment schedule shall be made. On January 10, 2012 the Redevelopment Agency adopted Resolution No. RDA 12-01 adopting an Enforceable Obligation Payment Schedule. Accordingly, the Successor Agency must adopt an Enforceable Obligation Payment Schedule. Preparation of a draft initial Enforceable Obligation Schedule is in furtherance of allowing the Successor Agency to pay enforceable obligations of the former Redevelopment Agency. Recognized Obligations Payment Schedule Pursuant to Health and Safety Code Section 34177, successor agencies are required to prepare a draft initial Recognized Obligation Payment Schedule by March 1, 2012. On January 10, 2012 the Redevelopment Agency adopted Resolution No. RDA 12-02 adopting a Recognized Obligation Payment Schedule. Accordingly, the Successor Agency must adopt a Recognized Obligation Payment Schedule. Preparation of a draft initial Recognized Obligation Payment Schedule is in furtherance of allowing the Successor Agency to pay enforceable obligations of the former Redevelopment Agency. Local Agency Investment Fund Authorization From time to time the Redevelopment Agency maintained moneys in the Local Agency Investment Fund ("LAIF") in the State Treasury. Any LAIF account maintained by the Redevelopment Agency (the "Agency LAIF Account") is now an account of the Successor Agency. The State Treasurer's Office, in a letter dated January 25, 2012, indicated that the State Treasurer's Office will be unable to process any transaction with respect to the Agency LAIF Account until the Successor Agency has taken action to authorize the investment of Successor Agency moneys in LAIF and to designate authorized representatives of the Successor Agency to make deposits in and withdrawals from the Agency LAIF Account on behalf of the Successor Agency. The adoption of this Resolution is necessary for the Successor Agency to have continued access to the Agency LAIF Account. Redevelopment Retirement Obligation Fund Pursuant to Health and Safety Code Section 34170.5, each successor agency to a former redevelopment agency shall create within its treasury a Redevelopment Obligation Retirement Fund to be administered by the successor agency. Creation of the Redevelopment Obligation Retirement Fund will allow the Successor Agency, to receive funds from the County Auditor - Controller to pay enforceable obligations of the former redevelopment agency. FISCAL IMPACT: Adoption of the proposed resolutions will enable the Successor Agency to fulfill its enforceable obligations. In accordance with Health and Safety Code Section 34173(e), the liability of the Successor Agency, acting pursuant to the powers granted under Part 1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations of the Successor Agency and not of the City. Sections 34170.5(a) and (b) of the Health and Safety Code provides for an administrative cost allowance is an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5% of the property tax allocated to the successor agency for the 2011-12 fiscal year and up to 3% of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter. However, the amount shall not be less than $250,000 for any fiscal year or such lesser amount as agreed to by the successor agency. The allowance amount will exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax. ATTACHMENTS: 1. Resolution — Enforceable Obligation Payment Schedule Exhibit A — Schedule 2. Resolution — Recognized Obligation Payment Schedule Exhibit A — Schedule 3. Resolution — Local Agency Investment Fund 4. Resolution — Redevelopment Obligation Retirement Fund RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, DOES RESOLVES AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). 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." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. 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. B. ABX1 26 and ABX1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently. E. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later. F. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. G. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. H. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). I. On August 23, 2011 the Temecula Redevelopment Agency adopted Resolution No. 11-09, approving an Enforceable Obligation Payment Schedule, and on January 10, 2012, the Temecula Redevelopment Agency adopted Resolution No. 12-01 approving and amending the Enforceable Obligation Payment Schedule. J. Health and Safety Code Section 34177(a) provides that successor agencies are required to continue to make payments due for enforceable obligations. Health and Safety Code Section 34177(a)(1), as modified by the Supreme Court, provides that on and after February 1, 2012, and until a Recognized Obligation Payment Schedule becomes operative, only payments required pursuant to an enforceable obligation payment schedule shall be made. The enforceable obligation schedule may be amended by the successor agency at any public meeting and shall be subject to the approval of the oversight board as soon as the board has sufficient members to form a quorum. K. Accordingly, the Board desires to adopt this Resolution adopting an enforceable obligation schedule. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34177. Section 3. The Board 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 Secretary is hereby authorized and directed to post the Enforceable Obligation Payment Schedule on the City's web site. Section 5. The Enforceable Obligation Payment Schedule may be amended from time to time at any public meeting of the Board. Section 6. The 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 Successor 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 Enforceable Obligation Payment Schedule 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. The Board hereby designates the Finance Officer as the official to whom the Department of Finance may make requests for review in connection with the Enforceable Obligation Payment Schedule. Section 8. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency of the Temecula Redevelopment Agency this 28th day of February, 2012. Chuck Washington, 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 Successor Agency of the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 12- was duly and regularly adopted by the Board Members of the Successor Agency of the Temecula Redevelopment Agency at a meeting thereof held on the 28th day of February, 2012, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary EXHIBIT A ENFORCEABLE OBLIGATION PAYMENT SCHEDULE Name of Redevelopment Agency: Temecula Redevelopment Agency Project Area(s) Alt 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 471.624 288,584 288,584 288,584 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 1570 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) 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 2011/12 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 30,588,675 991.836 363.318 363,3181 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 1,258.095 502.797 502,797 20) 2011 Housing TAB Fiscal Year 2011/12 US Bank as Trustee for Bondholders Bonds Issued 10 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 Housing 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 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 3,286,022 609,813 423,554 423,554 11,981,813 22.111,190 10,559,000 10,559,000 0 0 0 0 0 5,279,500 0 0 0I 5,279,500 0 10,559,000 222,432.950 _ 37,872,465 _ 53,206 168,051 144,715 133,514 2,541,409 7,625,039 1 3,286,022 _ 609,813 423,554 1 5,703.054 1 11,981,813 _ 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 06/30/2012. 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 Jari Feb Mar Apr May Jun Total 1) Pass -Through Payments Pass -Through Payments Riverside County General Fund Riverside County Library Annual Pass -Through to Taxing Entity Annual Pass -Through to Taxing Entity 3.438.000 414.000 3,438,000 414,000 1,719,000 207:000 1,719,000 207,000 3,438.000 414,000 21 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 91 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 0 111 12) 0 13) 0 14) 0 15) 0 161 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 0 0 0 0 0 5,279.500 0 0 J 0 5,279,500 0 10,559,000 ""' All payment amounts are estimates RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A DRAFT INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, DOES RESOLVES AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). 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." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. 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. B. ABX1 26 and ABX1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently. E. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later. F. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. G. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. H. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). I. Health and Safety Code Section 34177(1), as modified by the California Supreme Court, provides that by March 1, 2012, the Successor Agency must prepare a draft initial Recognized Obligation Payment Schedule for the enforceable obligations of the former Redevelopment Agency, in accordance with the requirements of paragraph (I). The draft schedule must be reviewed and certified, as to its accuracy, by an external auditor designated at the county auditor -controller's direction pursuant to Health and Safety Code Section 34182. The certified Recognized Obligation Payment Schedule must be submitted to and approved by the oversight board. Finally, after approval by the oversight board, a copy of the approved Recognized Obligation Payment Schedule must be submitted to the county auditor -controller, the State Controller and the State Department of Finance ("DOF"), and be posted on the Successor Agency's web site. The first Recognized Obligation Payment Schedule submitted to the State Controller and the DOF will be for payments for the period of January 1, 2012 to June 30, 2012, inclusive. J. Accordingly, the Board desires to adopt this Resolution approving a draft initial Recognized Obligation Payment Schedule in accordance with Part 1.85. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34177. Section 3. The Board hereby approves the draft 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 Successor Agency, in consultation with the Successor Agency's legal counsel, may modify the ROPS as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable. Section 4. The Board hereby designates the Finance Director as the official to whom the DOF may make requests for review in connection with the ROPS and who shall provide the DOF with the telephone number and e-mail contact information for the purpose of communicating with the DOF. Section 5. The officers and staff of the Successor 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 submitting the certified Recognized Obligation Payment Schedule to the oversight board for approval, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency of the Temecula Redevelopment Agency this 28th day of February, 2012. ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss Chuck Washington, Chairperson I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Successor Agency of the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 12- was duly and regularly adopted by the Board Members of the Successor Agency of the Temecula Redevelopment Agency at a meeting thereof held on the 28th day of February, 2012, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary EXHIBIT A DRAFT INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE 3) 6) 9) 10 11 12) 13 14) 15) 16) 17) 18) 19) 20) 21) 22) 23 24) 25 26 27) 28 29 30) Name of Redevelopment Agency: Temecula Redevelopment Agency Project Area(s) All RECOGNIZED OBLIGATION PAYMENT SCHEDULE Page 1 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 June Total 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 Promissory Note City of 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 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 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 Soli & 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 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 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 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 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 2,375 2,375 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 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 2006 TAB Series B FY 2011/12 US Bank as Trustee for Bondholders Bords Issues to Fund Affordable Housing Redevelopment Trust Fund 5,511,857 199,606 71,753 71,753 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 2010 Housing TAB Series A & B FY 2011/12 US Bank as Trustee for Bondholders Bords Issues to Fund Affordable Housing Redevelopment Trust Fund 32,285,618 1,258,095 502,797 502,797 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 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 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 Summerhouse Housing Associates, L.P., OPA Summerhouse Housing Associates, L.P. Loan for Affordable Housing Redevelopment Trust Fund 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 4,880,000 305,000 305,000 305,000 Old Town Infrasrtucture Projects RBF / Pardell / LH Engineering / 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 0 Abbott OPA Abbott Vascular Reibursement for Development Improvements Redevelopment Trust Fund 750,000 750,000 0 Totals - Page 1 Totals - Page 2 Grand total - All Pages 211,873,950 27,313,465 2,220,539 3,161,022 484,813 298,554 298,554 6,608,234 13,071,716 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 7,500,039 3,161,022 484,813 298,554 5,578,054 6,608,234 23,630,716 **Payments are estimated and may represent carryover from EOPS schedule considering that some obligations do not have specific payment dates RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AUTHORIZING THE INVESTMENT OF MONEYS IN THE LOCAL AGENCY INVESTMENT FUND OF THE STATE OF CALIFORNIA AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, DOES RESOLVES AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). 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." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. 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. B. ABX1 26 and ABX1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently. E. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later. F. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. G. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. H. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). I. Pursuant to Chapter 730 of the statutes of 1976, Section 16429.1 was added to the California Government Code to create the Local Agency Investment Fund ("LAIF") in the State Treasury for the deposit of moneys of local agencies for investment by the State Treasurer. J. The Redevelopment Agency from time to time invested its money in LAIF in accordance with the provisions of Section 16429.1 of the California Government Code. K. Pursuant to Part 1.85, all assets and properties of the Redevelopment Agency are transferred to the control of the Successor Agency as of February 1, 2012. L. In response to a request of the State Treasurer's Office, the Board wishes to adopt this resolution authorizing the investment of Successor Agency moneys in LAIF and authorizing certain officers of the Successor Agency to order the deposit or withdrawal of moneys in LAIF on behalf of the Successor Agency. Section 2. The Board hereby finds that it is in the best interest of the Successor Agency to deposit and withdraw moneys in LAIF from time to time in accordance with the provisions of Section 16429.1 of the California Government Code for the purpose of investment as stated therein. Section 3. The deposit and withdrawal of the Successor Agency's monies in LAIF in accordance with the provisions of Section 16429.1 of the California Government Code from time to time for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard, are hereby authorized. Section 4. The Executive Director and the Finance Officer of the Successor Agency, whose signature specimens are set forth in Exhibit A to this Resolution, or their successors in such offices, are hereby authorized to order the deposit or withdrawal of monies in LAIF on behalf of the Successor Agency for any account of the Successor Agency (including accounts maintained by the Redevelopment Agency which are now accounts of the Successor Agency). Section 5. The officers of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any additional instruments which they may deem necessary or advisable in order to effectuate the purposes of this Resolution and any such actions previously taken by such officers are hereby ratified and confirmed. Section 6. The Secretary of the Successor Agency is hereby authorized and directed to submit a certified copy of this Resolution and such forms as may be required to the Office of the State Treasurer to effectuate the purposes of this Resolution. Section 7. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency of the Temecula Redevelopment Agency this 28th day of February, 2012. Chuck Washington, 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 Successor Agency of the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 12- was duly and regularly adopted by the Board Members of the Successor Agency of the Temecula Redevelopment Agency at a meeting thereof held on the 28th day of February, 2012, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Exhibit A Name Office Signature [Executive Director] of Successor Agency to the Redevelopment Agency [Finance Officer] of Successor Agency to the Redevelopment Agency RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CREATING A REDEVELOPMENT OBLIGATION RETIREMENT FUND PURSUANT TO HEALTH AND SAFETY CODE SECTION 34170.5 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, DOES RESOLVES AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). 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." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. 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. B. ABX1 26 and ABX1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently. E. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later. F. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. G. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. H. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). I. Health and Safety Code Section 34170.5 provides that each successor agency shall create within its treasury a Redevelopment Obligation Retirement Fund to be administered by the successor agency. J. Accordingly, the Board desires to adopt this Resolution creating a Redevelopment Obligation Retirement Fund within the treasury of the Successor Agency. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34170.5. Section 3. The Executive Director and the Finance Officer are hereby authorized and directed to create within the treasury of the Successor Agency a Redevelopment Obligation Retirement Fund to be administered by the Successor Agency. Section 4. The Secretary 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 Successor 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 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency of the Temecula Redevelopment Agency this 28th day of February, 2012. Chuck Washington, 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 Successor Agency of the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 12- was duly and regularly adopted by the Board Members of the Successor Agency of the Temecula Redevelopment Agency at a meeting thereof held on the 28th day of February, 2012, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Item No. 21 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance N" - City Manager JOINT SPECIAL MEETING OF TEMECULA CITY COUNCIL ACTING AS GOVERNING BODY OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AND THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Board of Directors of the Successor Agency to the Temecula Redevelopment Agency Patrick Richardson, Director of Planning and Development February 28, 2012 First Amendment to Owner Participation Agreement and Grant Commitment between the Successor Agency to the Temecula Redevelopment Agency and Front Street Partners, LLC, for the property located at the southwest corner of Old Town Front Street and Third Street in Old Town PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency adopt the following Resolution: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE FIRST AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT AND GRANT COMMITMENT WITH FRONT STREET PARTNERS, LLC BACKGROUND: The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). 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." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. 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. ABX1 26 and ABX1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating AB X1 27, and holding that AB X1 26 may be severed from ABX1 27 and enforced independently. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). DISCUSSION: The Temecula Redevelopment Agency (`Agency") and Front Street Plaza Partners, Inc. ("Front Street") entered into an Irrevocable Conditional Grant Commitment dated February 22, 2011 (`Commitment") and an Owner Participation Agreement dated February 22, 2011 ("OPA"). Front Street assigned to Front Street Partners, LLC ("Borrower"), and Borrower assumed from Front Street, all of Front Street's rights and obligations under the Commitment and OPA. These agreements require the Successor Agency to make a conditional grant in the maximum amount of $4 million upon completion of a 25 -unit mixed use Project located at the corner of Old Town Front Street and Third Street in Old Town Temecula. Twenty three of the 25 of the Project units shall be affordable housing units. Eight units shall be affordable to low-income families (those with incomes of 60% or less of the Riverside County median income) and 15 units shall be affordable to moderate -income families (those with incomes of 110% of the Riverside County median income). The Project's financing and ability to actually start construction has been delayed by the legal uncertainties surrounding the adoption of ABX1 26 and ABX1 27 and the litigation that ended in the California Supreme Court decision on December 29, 2011. The proposed First Amendment makes two changes to the OPA: 1. The date for the closing of the construction loan necessary to finance the construction and development of the Project will be extended to May 1, 2012 under Section 5.1 {ix} of the OPA; and 2. The term of the Grant Commitment will be extended to the date that is two (2) calendar years after the closing of the construction loan so that the Successor Agency's obligation to make the Grant would no later than May 1, 2014 as described in Section 1. Once adopted, the First Amendment will be presented to the Oversight Board for its approval once it is constituted. FISCAL IMPACT: The obligation of the Successor Agency under the OPA is a maximum of $4 million from available housing bond proceeds. Adoption of the proposed resolutions will enable the Successor Agency to fulfill its enforceable obligations under the Owner Participation Agreement. The Owner Participation Agreement is an obligation listed in the Enforceable Obligation Payment Schedule and the Recognized Obligations Payment Schedule adopted by the City and the Successor Agency. ATTACHMENTS: 1. Resolution 2. First Amendment to the Owner Participation Agreement and Grant Commitment RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE FIRST AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT AND GRANT COMMITMENT WITH FRONT STREET PARTNERS, LLC THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, DOES RESOLVES AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). 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." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. 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. B. ABX1 26 and ABX1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently. E. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later. F. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. G. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. H. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-11 on January 24, 2012, pursuant to Part 1.85 electing for the City to retain, without limitation, all of the housing assets and functions previously performed by the Temecula Redevelopment Agency upon the Agency's dissolution. I. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). J. The Temecula Redevelopment Agency ("Agency") and Front Street Plaza Partners, Inc. ("Front Street") entered into an Irrevocable Conditional Grant Commitment dated February 22, 2011 ("Commitment") and an Owner Participation Agreement dated February 22, 2011 ("OPA") which required the Agency to make a conditional grant for an adorable housing project. K. Front Street assigned to Front Street Partners, LLC ("Borrower"), and Borrower assumed from Front Street, all of Front Street's rights and obligations under the Commitment and OPA. L. Successor Agency and Borrower desire to amend the Commitment and the OPA. Section 2. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency hereby approves that certain "First Amendment to Owner Participation Agreement and Conditional Grant Commitment" between the Successor Agency and Front Street Partners, LLC, ("First Amendment") with such changes in such document as may be mutually agreed upon by Front Street Partners and the Successor Agency Executive Director as are in substantial conformance with the form of such First Amendment on file in the Office of the Successor Agency Secretary. The Chairperson of the Successor Agency is hereby authorized to execute the First Amendment on behalf of the Successor Agency in said form. A copy of the final Second Amendment when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. Section 3. The Executive Director of the Successor Agency (or his designee), is hereby authorized, on behalf of the Successor Agency, to take all actions necessary and appropriate to carry out and implement the First Amendment and to administer the Agency's obligations, responsibilities and duties to be performed under the Owner Participation Agreement, Conditional Grant, First Amendment and related documents, including, but not limited to, the approval and execution on behalf of the Agency of escrow instructions, certificates of completion, title reports, certifications, minor amendments extending time periods so long as such amendments do not substantially change the terms of the aforesaid agreements and such other implementing agreements and documents as contemplated or described in the Amendment necessary and convenient for the completion of the implementation of the Agreements. Section 4. The Secretary of the Successor Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency of the Temecula Redevelopment Agency this 28th day of February, 2012. Chuck Washington, 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 Successor Agency of the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 12- was duly and regularly adopted by the Board Members of the Successor Agency of the Temecula Redevelopment Agency at a meeting thereof held on the 28th day of February, 2012, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary FIRST AMENDMENT TO OPA AND GRANT COMMITMENT THIS FIRST AMENDMENT TO OPA AND GRANT COMMITMENT ("First Amendment") is dated as of February 28, 2012 and is entered into by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ("Successor Agency") and FRONT STREET PARTNERS, LLC, a California limited liability company ("Borrower"). RECITALS A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). 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." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. 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. B. AB X1 26 and AB X1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California RedeveloprnentAssociation, et al. v. Matosantos, et al. (Case No. S 194861)) alleging that AB X1 26 and AB X1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding AB X1 26, invalidating AB X1 27, and holding that AB X1 26 may be severed from AB X1 27 and enforced independently. E. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later. F. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. -1- 11087-002111426185 v2.doc G. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. H. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-11 on January 24, 2012, pursuant to Part 1.85 electing for the City to retain, without limitation, all of the housing assets and functions previously performed by the Temecula Redevelopment Agency upon the Agency's dissolution. I. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12- 01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). J. The Temecula Redevelopment Agency ("Agency") and Front Street Plaza Partners, Inc. ("Front Street") entered into Owner Participation Agreement dated February 22, 2011 ("OPA") and, as provided in the OPA, an Irrevocable Conditional Grant Commitment dated February 22, 2011 ("Commitment") which required the Agency to make a conditional grant for an affordable housing project. K. The obligations of the Successor Agency with respect to the OPA and the Irrevocable Grant Commitment are listed on the Enforceable Obligations Payment Schedule and the Recognized Obligation Payment Schedule of the Successor Agency. L. Front Street assigned to Front Street Partners, LLC ("Borrower"), and Borrower assumed from Front Street, all of Front Street's rights and obligations under the Commitment and OPA. M. Successor Agency and Borrower desire to amend the Commitment and the OPA. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual terms and agreements hereinafter set forth, City and Borrower hereby agree as follows: 1. Conditions to Grant. Section 5.1(ix) of the OPA is hereby deleted and is hereby replaced with the following: "(ix) on or before May 1, 2012, the closing of the construction loan necessary to finance the construction and development of the Project." 2. Extension of Commitment. The term of the Commitment is hereby extended to the date that is two (2) calendar years after the closing of the construction loan described in Section 1 above. 3. Conditions Precedent. The effectiveness of this First Amendment is conditioned upon approval of this First Amendment by the Oversight Board for the Temecula Redevelopment Agency. -2- 11087-002111426185 v2.doc 4. Borrower Representations. Borrower represents and warrants to Successor Agency that Borrower and its lender have reviewed the terms of this First Amendment with their respective legal counsel. Borrower agrees that this First Amendment is a legal and valid agreement and is binding on the parties. -3- 11087-002111426185 v2.doc IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date first written above. Attest: Susan W. Jones, MMC Secretary of Successor Agency to Temecula Redevelopment Agency APPROVED AS TO FORM: Peter M. Thorson General Counsel Successor Agency to Temecula Redevelopment Agency DB 11067-0021\1426185JLdoc CITY: CITY OF TEMECULA Charles Washington Chair of Successor Agency to Temecula Redevelopment Agency BORROWER FRONT STREET PLAZA PARTNERS I, LLC, a California limited liability company By: William Dalton, Manager By: Todd Dalton, Manager PUBLIC HEARING Item No. 22 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Development DATE: February 28, 2012 SUBJECT: Long Range Planning Project No. LR11-0007, a Development Code Amendment (Title 17 of Municipal Code) to modify the regulations for businesses selling alcoholic beverages. PREPARED BY: RECOMMENDATION: ORDINANCE NO. 12 - Cheryl Kitzerow, Associate Planner Introduce and read by title only an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULAAMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THETEMECULAMUNICIPAL CODE TO FURTHER CLARIFY THE REGULATIONS ON BUSINESSES SELLING ALCOHOLIC BEVERAGES (LONG RANGE PLANNING PROJECT NO. LR11- 0007) SUMMARY OF ORDINANCE: The proposed Ordinance prohibits liquor stores, restricts Convenience Markets to the sale of beer and wine (no distilled spirits), increases the separation requirements between Alcohol Conditional Use Permit (CUP) businesses and sensitive land uses (religious and educational institutions, day care centers and public parks) from 500 feet to 600 feet consistent with the State of California Business and Professions Code, allows the sale of alcohol for on-site consumption as an incidental use when associated with entertainment venues, and other minor clarification items related to alcohol sales. More specifically, the Ordinance revisions would: Update Use Matrix Section 17.08.030 as follows: • Liquor stores will be prohibited in all zones regulated by the Development Code. • On -sale alcohol beverage sales for establishments that are not bona fide eating establishment (i.e. nightclubs/comedy clubs/dance clubs) would be restricted as an incidental use only • Clarify Alcohol Beverage Sales Use Category to reference Supplemental Development Standards of the Code • Add Use Category for Beer/Wine Markets • Clarify those uses subject to Supplemental Development Standards for Alcohol Sales with Footnote 1 • Clarify typo regarding allowable percentage for retail support uses to a noncommercial business (15%) Revise Supplemental Development Standards Section 17.10.020.8 as follows: • Clarify regulations for grocery, drug, discount/department stores and specialty markets exempt from CUP requirement for alcohol when use is permitted • Add language to clarifythat restaurants with beer/wine license don't require CUP but sale of distilled spirits requires a CUP, unless otherwise regulated by a current Specific Plan • Add language to clarifythat on-site alcohol beverage sales is permitted as an incidental use subject to a CUP at entertainment venues • Add special standards for convenience markets and beer/wine markets to prohibit sales of distilled spirits • Clarify existing liquor stores to become Legal Non -Conforming uses upon effective date of Ordinance • Relocate regulations for concurrent sale of motor vehicle fuel and alcohol sales to Alcohol Beverage Sales section Revise Definitions Section 17.34.101 as follows: • Clarify Liquor Stores prohibited and all existing become legal non -conforming with Ordinance • Add Beer/Wine Market • Add Bona Fide Eating Establishment/Restaurant • Revise Convenience Market to allow sale of beer and wine only • Revise Specialty Market to include specialty "drinks" BACKGROUND: The City of Temecula's regulations for alcohol beverage sales are provided within Section 17.10.020 of the Municipal Code. Standards were established with the adoption of the original Development Code and amended in 2005. There are two primary types of ABC licenses for off -sale consumption. A Type 20 license authorizes the sale of beer and wine for consumption off the premise where itis sold. A Type 21 license authorizes the sale of beer, wine and distilled spirits for consumption off the premise where sold. Historically, the City has riot supported the issuance of Type 21 licenses for liquor stores, convenience markets or gas stations as they are typically incompatible with surrounding land uses and have the potential for increased crime related incidents. In response to a CUP application currently under review for a Type 21 license for a convenience store and a lack of formal code regulations, the Planning Commission requested direction from the City Council. On May 24, 2011, the City Council adopted Ordinance No. 11-02 implementing a Citywide moratorium on the approval of Conditional Use Permits (CUPs) for businesses to sell alcoholic beverages for off sale consumption, when such a CUP is required. The initial time period for the moratorium was 45 days. On June 28, 2011, City Council extended the Interim Urgency Ordinance and moratorium until May 13, 2012. This extension was to provide staff adequate time to prepare studies to determine the appropriate locations in the City for Off -Sale Alcohol CUP businesses and to determine whether additional regulations should be imposed upon these businesses or whether these businesses should be prohibited in certain areas of the City. Staff has analyzed potential provisions for the City's Zoning Ordinance that would mitigate the detrimental impacts on public peace, health and safety expressed in the moratorium ordinance, including existing off -sale alcohol licenses within the City, crime statistics for these businesses, literature and case studies illustrating the relationship between alcohol and crime, and a review of ordinances from other cities regulating alcohol sales. Existing Off -Sale Licenses As of the writing of this report, the Department of Alcohol Beverage Control reports that there are currently 64 active licenses for off -sale permits within the City of Temecula. These include: Type of Business Type 20 Type 21 Grocery/Drug/Discount Store 5 22 Gas Station 16 - Convenience Store 5 2 Liquor Stores - 6* Misc. Winery/Gift Baskets 8 - TOTAL: 34 30 *Liquor Stores: Old Town Liquor, Melano Liquor, Rancho Liquor, Barno's Liquor, MK Market, Pete's Market Crime and Alcohol According to records from the Temecula Police Department, based on the Calls for Service report between August 2006 and August 2011, there were close to twice as many calls for service for alcohol related incidents (Drunk in Public) at Gas Stations and Liquor Stores than there were at Grocery/Drug/Department Stores. There were 39 Drunk in Public incidences at 25 grocery stores with calls, compared to 67 incidences at the 26 liquor store/gas stations with reports. There were no Drunk in Public Calls for Service at the existing Convenience Markets. In addition to local statistics, there are numerous publications regarding the relationship between alcohol and violence. Both local and national case studies conclude that increased liquor outlet densities are directly related to increased crime rates. A summary of the studies is included in the attached Planning Commission staff report packet. Other Jurisdiction Regulations Staff also reviewed the alcohol regulations of other jurisdictions for adjacent cities and within several surrounding counties to determine whether a standard existed for regulating alcohol businesses. Specifically, staff wanted to compare Conditional Use Permit requirements, whether special standards are applied to specific alcohol businesses, distance requirements separating such uses, and any other applicable exceptions for such uses. Overall, there is riot a consistent mariner in which cities address alcoholic beverage sales; the provisions are unique to the issues or sensitivities of the local jurisdiction. The regulations by jurisdiction vary— most cities require a CUP for any type of alcohol sales; many allow exceptions for restaurants; separation distances to sensitive uses vary from no requirement (0 feet) to 1,000 feet. The City of Murrieta recently updated its' alcohol regulations which includes both an administrative approval process and a CUP process depending on business type, general and special standards by business type, and a 600 -foot separation requirement from sensitive uses. With regard to liquor stores and convenience markets, the City of Murrieta ordinance requires an administrative CUP for liquor stores and restricts Convenience Markets from selling distilled spirits. The City of Glendora prohibits liquor stores, allowing off -sale distilled spirits only for Grocery Stores larger than 5,000 square feet. A summary of these regulations is included in the attached Planning Commission staff report packet. PLANNING COMMISSION ACTION: The Planning Commission reviewed the proposed Ordinance on February 1, 2012. There were two people who spoke in opposition to the Ordinance, citing concerns regarding the affects the ordinance will have on small businesses. After closing the public hearing, the Commission discussed the proposed Ordinance. Chairman Guerriero supported the Ordinance indicating that the City was saturated with ABC licenses. Commissioner Telesio expressed concerns about the Ordinance being unduly strict for small businesses (Convenience Markets) and questioned whether concerns regarding the sale of distilled spirits at these facilities could be addressed and regulated through the Conditional Use Permit process with conditions of approval, or restrictions which would give the City a comfort level to approve licenses in certain instances. Commissioner Kight referenced a study conducted in San Bernardino that concluded that single serve alcohol beverages increased crime rates and questioned whether the proposed Ordinance went far enough. Commissioner Carey shared some of the concerns of Commissioners Telesio and Kight. The Commission voted 4-0 (Harter absent) to recommend City Council approval of the Ordinance, but directed staff to forward their concerns about the Ordinance to the Council. Both Commissioner Guerriero and Telesio also stated they were disappointed that staff did riot consult with them when drafting the Ordinance. ENVIRONMENTAL DETERMINATION: Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an Initial Study, it has been determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project. FISCAL IMPACT: None. ATTACHMENTS: 1. Ordinance 2. Public Correspondence 3. Planning Commission Staff Report Package, February 1, 2012 ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO FURTHER CLARIFY THE REGULATIONS ON BUSINESSES SELLING ALCOHOLIC BEVERAGES (LONG RANGE PLANNING PROJECT NO. LR11-0007) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Legislative Findings. The City Council of the City of Temecula hereby makes the following findings in support of this Ordinance: A. On May 24, 2011, the City Council adopted Interim Urgency Ordinance No. 11-02, establishing a 45 -day moratorium on the approval of Conditional Use Permits (CUP's) for businesses that sell alcoholic beverages for off -sale consumption. B. On June 28, 2011, the City Council adopted Ordinance No. 11-04, extending the Interim Urgency Ordinance and moratorium until May 13, 2012 to provide time for staff to conduct research required to determine the appropriate locations in the City for off -sale alcohol CUP businesses and to determine whether additional regulations should be imposed on these businesses or whether these businesses should be prohibited in certain areas of the City. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance and the Negative Declaration on February 1, 2012, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 12-04 recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance and Negative Declaration on February 28, 2012, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Additional Findings. The City Council is particularly concerned about the deleterious secondary impacts that can arise from the sale of distilled spirits at convenience markets and liquor stores. A. Although the risks of negative secondary effects can arise from any sales facility offering alcoholic beverage, this City Council finds that the risks of negative secondary effects increase when a sales facility provides distilled spirits at stores open on an extended hour basis, are located in smaller commercial centers with less private security, and located along major roadways. B. The secondary effects that have been associated with such locations/businesses, include, but are not limited to, increases in public disturbances such as loitering, littering, reckless driving, violent assaults or other disturbances of the peace, increases in alcohol use related offenses and increases in sales of alcoholic beverages to underage purchasers. C. For the purposes of minimizing the potential risk arising from such uses, and to ensure that such businesses minimize burdens on the City's police and public safety and maximizes benefits to the community, the City desires to prohibit liquor stores, restrict the sale of distilled spirits for off -sale consumption only at grocery stores, drug stores, specialty markets and discount/department stores that are located in larger commercial centers, where the sale of such distilled spirits is not the primary product, and the size of such businesses are greater than 10,000 square feet. Section 4. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial Study of the potential environmental effects of this Ordinance amending Title 17 of the City's Municipal Code to restrict the sale of distilled spirits for off -sale consumption, increase the separation between Alcohol CUP Businesses to 600 feet consistent with the State of California Business and Professions Code, restrict the sale of alcohol for on-site consumption when associated with live entertainment to bona fide restaurant establishments, and other minor clarification items related to alcohol sales ("Project"). Based upon the findings contained in that Initial Study, Staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. Thereafter, Staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on October 12, 2011 and expired on November 1, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development at City Hall, located at 41000 Main Street, Temecula, California 92590. B. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the February 28, 2012 public hearing, and based on the whole record before it, finds that (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on the findings set forth in this Section, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 5. Portions of Table 17.08.030 of the Municipal Code is hereby amended as follows: Description of Use NC CC HT SC PO BP LI Alcoholic beverage sales See Section 17.10.020. Supplemental Development Standards Beer and wine market' C C C C - - - Bowling alley - P P P - - - Convenience market CCCCC - - Grocery store, retail - PPPC - - Grocery store, wholesale - - -P - C P Liquor stores' - - - - - - - Nightclubs/ dance club/teen club/comedy club - C C C - - - Restaurants and other eating establishments' P PPP P PP Retail support use to a noncommercial business (limited to the sale of products manufactured or assembled on-site and occupying less than 15% of the floor area of the business) - - - - - P P Specialty market CPPPC - - Notes: 1. Subject to the Supplemental Development Standards contained in Chapter 17.10 of this code. Section 6. Section 17.10.020.6 of the Municipal Code is hereby amended as follows: B. Alcoholic Beverage Sales. 1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the State of California Department of Alcohol Beverage Control. 2. Grocery stores, drug stores, specialty markets, and discount/department stores ("Primary Uses") may offer the incidental sale of alcoholic beverages as a permitted use, unless the initial establishment, or amendment thereof, of the Primary Use require a City of Temecula Conditional Use Permit pursuant to another provision of this title. 3. All other businesses, establishments, or facilities offering the sale of alcoholic beverages, shall require a Conditional Use Permit. 4. Restaurants are permitted to serve beer and wine as a matter of right but are subject to obtaining a Conditional Use Permit to offer, sell, or serve distilled spirits, unless otherwise regulated by a current Specific Plan. 5. For establishments with on -sale alcohol beverage sales that are not bona fide eating establishments (i.e. comedy club, nightclub, dance club), the `bar area' may ONLY be an incidental use subject to the approval of a Conditional Use Permit. 6. Businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol -selling business and the religious or educational institution are both located within commercial or industrial zones. This separation requirement shall also not apply to restaurants (bona fide eating establishments). 7. Convenience Markets and BeerNVine Markets. a. Only beer and wine may be sold, and only for off-site consumption. This is the equivalent to an ABC Type 20 license type. Distilled spirits and pre -mixed spirit cocktails are prohibited from being sold, gifted or consumed on-site. b. No displays of beer or wine shall be located within ten (10) linear feet from any building entrance or check-out counter. This prohibition shall not apply if the display is not physically accessible to customers. c. A security plan, including but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering and other reasonable factors shall be submitted to the chief of police and be approved or conditionally approved prior to public display or sales of beer or wine. d. The failure to comply with any of these conditions may result in the revocation of the Conditional Use Permit pursuant to Section 17.04.010 of this title. 8. Legal Non -conforming Liquor Stores. Existing liquor stores are, upon the effective date of this Ordinance, deemed legal non -conforming uses. 9. Finding of Public Convenience or Necessity. a. Whether or not the proposed use is consistent with the General Plan and Development Code; b. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; c. Whether or not the proposed use would have an adverse effect on adjacent land uses; d. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. 10. Gas Stations - Concurrent Sale of Motor Vehicle Fuel and Alcoholic Beverages. a. To comply with the provisions of the Business and Professions Code (Section 23790 et seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the City Council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code. b. In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine products at a facility that also offers motor vehicle fuel: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive -up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self -illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre -mixed spirit cocktails are prohibited. Section 7. Section 17.10.020.Q of the Municipal Code is deleted in its' entirety. Section 8. Section 17.34.101 of the Municipal Code is hereby amended to add the following definition: "Beer/Wine Market" means a retail market that specializes in the sale of beer and wine for off -sale consumption as regulated by the State of California Alcohol Beverage Control Type 20 license. The sale of beer and wine products is the predominant product sold in such facility and the sale of other goods and services is not required. There are no size criteria or limitations on such facilities. Section 9. Section 17.34.101 of the Municipal Code is hereby amended to add the following definition: "Bona fide Eating Establishment" means an establishment that is used for the regular service of meals to patrons. The establishment shall have suitable kitchen facilities and provide an assortment of foods commonly ordered at various hours of the day. Section 10. Section 17.34.101 of the Municipal Code is hereby amended to revise the following definition: "Convenience market" means a retail food market providing goods and other services on an extended -hour basis. The sale of beer and wine is allowed with an approved Conditional Use Permit. Such stores are located in smaller commercial centers or along major roadways with easy accessibility. Section 11. Section 17.34.101 of the Municipal Code is hereby amended to revise the following definition: "Specialty market" means a retail market that specializes in a specific type or class of food, drink, and related products. Specialty markets generally range in size from 10,000 to 40,000 square feet. Section 12. Section 17.34.101 of the Municipal Code is hereby amended to revise the following definition: "Liquor store" means a retail sales facility offering for sale an assortment of distilled, fermented, brewed or similarly prepared beverages that contain amounts of alcohol sufficient to cause the sale of the beverage to be regulated by the state of California and (i) where the sale of such beverages is the predominant product sold in such facility, whether such finding is determined by total annual retail sales or square footage of the facility dedicated to the storage and/or display of such merchandise; and (ii) the retail sales facility is not the direct, corporately owned marketing and/or sales facility of the producer of the alcoholic beverage and where the alcoholic beverage is primarily intended to be consumed off-site from the place of sale. Liquor stores commonly range in size from two thousand to five thousand square feet. A convenience market selling distilled spirits that meets criteria (i) and (ii) above shall also be considered as a liquor store for the purposes of this title. Liquor stores are prohibited as of the effective date of this Ordinance. Section 13. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 14. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 15. Upon the effective date of this Ordinance, the moratorium imposed by Ordinance Nos. 11-02 and 11-04 shall terminate. Section 16. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of February, 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 28th day of February, 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 Cheryl Kitzerow From: Patrick Richardson Sent: Monday, February 13, 2012 8:27 AM To: Cheryl Kitzerow Subject: FW: liquor license for Quick Stop From: Larry Fisherjmailto'larry{thorchardtemecula.comj Sent: Thursday, February 09, 2012 9:18 AM To: Ron Roberts; Chuck Washington; Jeff Comerchero; Mike Naggar; Maryann Edwards Subject: liquor license for Quick Stop Dear friends, It has come to my attention that the City of Temecula has been approached by the Quick Stop Market on Rancho California for an upgrade of its liquor license. We understand that the purpose of this upgrade is to allow the sale of "hard liquor". We the Orchard Christian Fellowship want to go on record as in opposition of this request. The Orchard Christian Fellowship campus is adjacent to the strip mall housing the Market and well within 500 feet of the business. Also, the Temecula Elementary School falls within that boundary. It is our understanding that the applicant indicated that he spoke to our church leadership and received endorsement. That is absolutely false. We have never spoken to the ownership and have never given our approval. In addition there is already a significant problem with drinking and drug use in the area behind the church property and adjacent to the school. Groups gather in the creek area between the church, the school, the YMCA and the park. Often, we have called the police and they should be able to confirm our concerns. Additionally, we have to gather empty bottles and cans from our property left there by groups who gather on the hillside behind the Market and next to our campus. Please consider our request not to allow this license upgrade which we believe would proliferate the problems we already face. Thank you sincerely, Pastor Larry E. Fisher Orchard Christian Fellowship 42101 Moraga Road Temecula, Ca. 92951 951-699-5433 1 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: February 1, 2012 PREPARED BY: Cheryl Kitzerow, Case Planner APPLICANT NAME: City of Temecula CEQA: Negative Declaration RECOMMENDATION: Recommend City Council approval ORIGINAL PROJECT Long Range Planning Project No. LR11-0007, a Development Code SUMMARY: Amendment (Title 17 of Municipal Code) to modify the regulations for businesses selling alcoholic beverages. The proposed Ordinance prohibits liquor stores, increases the separation requirements between Alcohol Conditional Use Permit (CUP) Businesses and sensitive land uses (educational institutions, day care center and public parks) from 500 feet to 600 feet consistent with the State of California Business and Professions Code; allows the sale of alcohol for on-site consumption as an incidental use when associated with entertainment venues; and other minor clarification items related to alcohol sales. More specifically, the Ordinance revisions would: Update Use Matrix Section 17.08.030 as follows: • Liquor stores will be prohibited in all zones regulated by the Development Code. • On -sale alcohol beverage sales for establishments that are not bona fide eating establishment (i.e. nightclubs/comedy clubs/dance clubs) would be restricted as a incidental use only • Clarify Alcohol Beverage Sales Use Category to reference Supplemental Development Standards of the Code • Add Use Category for Beer/Wine Markets • Clarify those uses subject to Supplemental Development Standards for Alcohol Sales with footnote 1 Revise Supplemental Development Standards Section 17.10.020.6 as follows: • Clarify applicability of the supplemental standards when the use is regulated by another regulating document (i.e. Specific Plan) • Clarify language regarding exception for grocery, drug, discount department stores • Add language to clarify that restaurants with beer/wine license don't require CUP but sale of distilled spirits requires a CUP • Add language to clarify that on-site alcohol beverage sales is permitted as an incidental use subject to a CUP at entertainment venues 1 • Add special standards for convenience markets and beer/wine markets to prohibit sales of distilled spirits • Clarify existing liquor stores to become Legal Non -Conforming uses upon effective date of Ordinance • Relocate regulations for concurrent sale of motor vehicle fuel and alcohol sales to Alcohol Beverage Sales section Revise Definitions Section 17.34.101 as follows: • Clarify Liquor Store • Add Beer/Wine Market • Add Bona Fide Eating Establishment/Restaurant • Revise Convenience Market • Revise Specialty Market to include specialty drinks BACKGROUND Planning staff is processing Planning Application No. PA11-0010, a Minor Conditional Use Permit to upgrade from an Alcohol Beverage Control (ABC) Type 20 License (Off -sale Beer and Wine) to a Type 21 License (Off -sale General Liquor) for Stop Quick Mini Mart located at 29762 Rancho California Road. On April 6, 2011, staff presented the request to the Planning Commission with a recommendation for denial. This recommendation was based on previous determinations and long-standing policy. Historically, the City has not supported the issuance of Type 21 licenses to gas stations or small convenience stores as they are typically incompatible with surrounding land uses and have the potential for increased crime related incidents. As records indicate, the majority of Type 21 licenses in the City were permitted for large, chain grocery stores and a large pharmacy. Since 2002, for uses that require a Conditional Use Permit (and have a Type 21 license), there were only two CUP requests approved for businesses that were not grocery/department stores or pharmacies. These permits were for Barno's Liquor (PA10-0063) and Melano's Liquor (PA10- 0168), which were requests for a transfer of existing licenses to new locations. Both establishments held their Type 21 ABC licenses prior to the City's incorporation. In addition, on April 11, 2011, staff issued a business license to Pete's Market to open as a convenience market with a Type 21 ABC license (transferred from outside the City limits) in Melano Liquor's previous Jefferson Avenue location. Pursuant to Section 17.03.070.F of the Development Code, this was permitted as a legal non -conforming use since Pete's Market occupied the space before the 6 month expiration of the legal non -conformity that Melano's Liquor had been operating under. Therefore, the City has not issued any new Type 21 licenses for liquor stores where a CUP was required. At its April 6, 2011 meeting, the Planning Commission continued Planning Application No. PA11-0010 to allow time to review information provided by the applicant. On April 20, 2011, the Planning Commission approved the CUP request and directed staff to prepare a resolution and Conditions of Approval for adoption at the May 4, 2011 Planning Commission meeting. Much of the Commissions' discussion related to the unwritten City policy regarding Type 21 licenses. 2 Subsequent to the April 20, 2011 hearing, Commissioner Harter requested the Planning Commission reconsider their previous decision to allow the Council the opportunity to clarify the City's policy regarding alcohol beverage sales. On May 4, 2011, the Planning Commission voted to continue PA11-0010 off -calendar to allow the Council time to provide specific direction on their policy regarding Type 21 licenses. On May 24, 2011, the City Council adopted Ordinance No. 11-02 implementing a Citywide moratorium on the approval of Conditional Use Permits (CUPs) for businesses to sell alcoholic beverages for off sale consumption, when such a CUP is required. The initial time period for the moratorium was 45 days. On June 28, 2011, City Council extended the Interim Urgency Ordinance and moratorium until May 13, 2012. This extension was to provide staff adequate time to prepare studies to determine the appropriate locations in the City for Off -Sale Alcohol CUP businesses and to determine whether additional regulations should be imposed upon these businesses or whether these businesses should be prohibited in certain areas of the City. Staff has analyzed potential provisions for the City's Zoning Ordinance that would mitigate the detrimental impacts on public peace, health and safety expressed in the moratorium ordinance, including existing alcohol licenses within the City, crime statistics for these businesses, literature and case studies illustrating the relationship between alcohol and crime, and a review of ordinances from other cities regulating alcohol sales. Current Municipal Code Regulations Current standards for on- and off -sale regulations for the sale of alcoholic beverages are provided in Municipal Code Section 17.10.020, Supplemental Development Standards. These standards were updated in 2005 in response to Council concern over the regulation of certain types of establishments selling alcoholic beverages and the number of liquor stores within the community. The 2005 Code update clarified the following: (1) when grocery stores, drug stores and discount/department stores are a permitted use, they may offer the incidental sale of alcoholic beverages without a Conditional Use Permit; (2) all other businesses or establishments offering the incidental sale of alcoholic beverages, in conjunction with an otherwise allowable use, require a Conditional Use Permit; (3) separation requirements for liquor stores (1,000 foot separation between liquor stores) and operational criteria (security plan, etc.), (4) added local findings for Public Convenience and Necessity, and, (5) required all businesses selling alcohol and requiring a CUP shall not be located within 500 feet of any religious/educational institution, day care or public park as measured from the main entrance of the business selling alcohol and the closest public entrance of the sensitive use. The code allows an exception to this requirement if both uses are located in commercial or industrial zones. Off -Sale Alcohol Licenses and Locations There are two primary types of ABC licenses for off -sale consumption. A Type 20 license authorizes the sale of beer and wine for consumption off the premise where it is sold. A Type 21 license authorizes the sale of beer, wine and distilled spirits for consumption off the premise where sold. ABC requires that the City make Findings of Public Convenience and Necessity (PCN) for new off -sale licenses when the census tract where the premise is located has an overconcentration of licenses. ABC determines a census tract has an overconcentration when the ratio of licenses to population in the census tract exceeds the ratio of licenses to population in the local county. At this time, the ABC determines a census tract has an overconcentration of licenses based on 3 allocating one off -sale license per 2,500 residents. The following provides a breakdown of overconcentration for off -sale licenses by census tracts within the City (note the census tract boundaries do not follow City limits and in some instances include areas outside the City limit — a copy of the Census Tract Map is attached). The City's central commercial area is located in Census Tract 0432.16 (Mall area). Based on this data, all commercial areas within the City are over concentrated. Census Tract # licenses allowed (off -sale) # licenses existing (off -sale) Overconcentrated (YIN) 0432.15 2 14 Y 0432.21 (Paseo del Sol) 9 3 N 0432.03 8 16 Y 0432.10 3 10 Y 0432.14 11 17 Y 0432.17 2 4 Y 0432.18 (Nicolas Valley & Meadowview) 4 0 N 0432.16 4 15 Y 0432.20 (Mira Loma) 3 0 N 0432.22 3 4 Y As of the writing of this report, there are currently 64 active ABC licenses for off -sale permits within the City of Temecula. These include: Type of Business Type 20 Type 21 Grocery/Drug/Discount Store 5 22 Gas Station/Convenience Store 21 2 Liquor Stores - 6* Misc. Winery/Gift Baskets 8 - TOTAL: 34 30 *Liquor Stores: Old Town Liquor, Melano Liquor, Rancho Liquor, Barno's Liquor, MK Market, Pete's Market Alcohol and Crime According to records from the Police Department, based on the Calls for Service report between August 2006 and August 2011, there are more Drunk in Public calls at gas stations/market/liquor stores that have off -sale licenses than at the grocery/drug stores with off - sale licenses. There were 39 Drunk in Public incidences at 25 grocery stores with calls, compared to 67 incidences at the 26 liquor store/market/gas stations with reports. In addition to local statistics, there are numerous publications regarding the relationship between alcohol and violence. Below is a summary of such studies (weblinks have been provided where available; hard copies of all studies available for review in the project file): • A study published in the Drug and Alcohol Review, focused on trends of youth (ages 13- 17 and 18-24) homicide and density of alcohol outlets between 1984 and 2006 in the 91 4 largest cities, including Riverside California. The study included retail alcohol outlets primarily engaged in selling packaged alcohol beverages for off-site consumption (beer, wine, and liquor stores). The study did not include grocery or convenience stores; nor did it include businesses involved in on-site consumption. Results of the study indicated that net of other variables, such as poverty, drugs, gangs and the availability of guns, higher densities of liquor stores and easy access to alcoholic beverages contributed significantly to higher youth homicide rates. An important policy implication of these findings is that the reduction of the density of retail alcohol outlets in a city may be an effective tool for violent crime reduction among youth. (Alcohol availability and youth homicide in the 91 largest US cities, 1984-2006, Robert N. Parker, Kirk R. Williams, Kevin J. McCaffree, Emily K. Acensio, Angela Browne, Kevin J. Strom & Kelle Barrick (September 2011), Drug and Alcohol Review, p. 30, 505-514) – no weblink • A study done in 2007, and said to be the first of its kind, focused on San Bernardino, and the relationship between violent crime and the number of single-serve containers sold at the 165 liquor stores. For purposes of the study, single serve containers are those that are sold individually (not in a package that connects them to other containers) and range in size from 8 ounces to 40 ounces, sold chilled in an ice bucket or refrigerated cooler unit. Researchers found higher crime rates in neighborhoods with a greater number of liquor stores and those that devote a larger percentage of their cooler space to single cans and bottles. More specifically, researchers found higher crime rates in neighborhoods where outlets devote more than 10 percent of cooler space to singles - in some cases, it was as high as 50 percent. Single sales often increase associated problems, such as selling to minors and public drinking. (The impact of retail practices on violence:The case of single serve alcohol beverage containers, Robert Nash Parker, Kevin J. McCaffree, & Daniel Skiles, (September 2011), Drug and Alcohol Review, p. 30, 496-504) – no weblink • The Pacific Institute report "Measuring What Matters: Neighborhood Research for Economic and Environmental Health and Justice in Richmond, North Richmond, and San Pablo" studied youth and resident exposure to liquor stores using (1) liquor store density and (2) proximity of liquor stores to schools or parks. The study did not include grocery stores that sell alcohol. The study stresses the importance of local land use and zoning controls for regulating liquor store locations and density. http://www.pacinst.orq/reports/measuring what matters/ • In a study of Camden, New Jersey, - Study concluded that those areas with high alcohol outlet densities experienced more violent crime (including homicide, rape, assault, and robbery) than low-density areas, after controlling for neighborhood social structure. In the multivariate regression analysis, alcohol outlet densities explained close to one fifth of the variability in violent crime rates across block groups— more than any one of the neighborhood structural variables included in the analysis. (Spatial Dynamics of Alcohol Availability, Neighborhood Structure and Violent Crime, Dennis M. Gorman, Paul W. Speer, Paul J. Gruenewald, Erich W. Labouvie (2001) Journal of Studies on Alcohol, 62: 628-636.) http://www.highbeam.com/doc/1G1-80345533.html • In a six-year study of changes in numbers of alcohol outlets in 581 urban and rural zip codes in California, an increase in the number of bars and off-premise places (e.g., liquor, convenience and grocery stores) was related to an increase in the rate of violence. These effects were largest in poor, minority areas of the state, those areas already saturated with the greatest numbers of outlets. (Gruenewald, P.J. and Remer, L. Changes in outlet densities affect violence rates. In review, Alcoholism: Clinical and Experimental Research, 2004.) http://www.capitolneighborhoods.org/pdf/gruenewald.pdf 5 • A 1997 study of Cook County (IL) found that overconcentration of alcohol outlets is part of neighborhood economic and social disintegration. The area's economic base loses its diversity and becomes less attractive to both residents and potential retail customers. The proliferation of alcohol outlets is thus both a symptom of economic decline and a factor that worsens the decline. (Maxwell, A. & Immergluck, D. "Liquorlining: liquor store concentration and community development in lower-income Cook County (IL) neighborhoods." Chicago IL: Woodstock Institute, 1997) — no weblink Other jurisdictions' alcohol regulations Staff reviewed the alcohol regulations of other jurisdictions within several surrounding counties to determine whether a standard existed for regulating alcohol businesses. Specifically, staff wanted to compare Conditional Use Permit requirements, whether special standards are applied to specific alcohol businesses, distance requirements separating such uses, and any other applicable exceptions for such uses. The regulations by jurisdiction vary — most cities require a CUP for alcohol sales; many allow exceptions for restaurants; separation distances vary from no requirement (0 feet) to 1,000 feet. The City of Murrieta recently updated its' alcohol regulations which includes both an administrative approval process and a CUP process depending on business type, general and special standards by business type, and a 600 -foot separation requirement from sensitive uses. Staff has attached a spreadsheet that identifies the requirements for all cities studied. CONCLUSION Based on the research provided above, staff recommends that the Planning Commission recommend to the City Council approval of the proposed Ordinance. The revised regulations would apply to all areas regulated by the Temecula Development Code, not those areas regulated by current Specific Plans (i.e. Old Town and Mall areas). ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an Initial Study, it has been determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 21, 2012. ATTACHMENTS Census Tract Map Comparison of Alcohol Regulations for other jurisdictions PC Resolution Exhibit A - Proposed CC Ordinance Initial Study Notice of Public Hearing 6 CENSUS TRACT MAP Temecula Census 2000 Tracts 043207 043209 043206 043223 043211 043213 043212 043210 043216 043215 043217 043220 043222 043218 043219 043221 043214 043203 COMPARISON OF ALCOHOL REGULATIONS FOR OTHER JURISDICTIONS Comparison of Other Agency Regulations on Alcohol Beverage Sales: No Consistent Standards City Require CUP Distance Separation Special Standards by Business Type Notes/Exceptions Citrus Heights Require use permit except for: restaurants, supermarkets, food markets, and other retail establishments which liquor sales is less than 20% of total sales. Bars/ taverns and liquor stores cannot be within 500 ft. of public or private schools, places of worship, hospitals, or public parks and other similar uses. No Claremont Allow bars/taverns only in conjunction with food service or a qualified entertainment use. Entertainment uses only allowed in zoned downtown area. Corona Yes Bars/taverns require CUP. Liquor stores require CUP as well as a Letter of Necessity. Escondido Only required for gas stations with 5+ pumps and alcohol, cabarets, nightclubs, bars and taverns, and restaurants/delis with alcohol (in CN zone) No Liquor stores are permitted use. Police Dept. processes PCN's Glendora Need to be attached to a restaurant or market in order to sell alcohol. G:PLANNING\2011\LR11-0007 Alcohol Urgency Ordinance\Research summary 6.11.doc Comparison of Other Agency Regulations on Alcohol Beverage Sales: No Consistent Standards City Require CUP Distance Separation Special Standards by Business Type Notes/Exceptions Hemet Yes, required for bars/ Taverns. Bars require a CUP and are only allowed in the C -M and C-2 zones. Irvine Yes, allow liquor stores and bars/taverns with a CUP. Murrieta Yes 600 ft. Yes- General standards for all. Special standards for business types. Only beer/wine at convenience stores/mini mart & gas stations and shall not exceed more than 10% of retail floor area. Grocery Stores limited to 15% retail floor area for alcohol sales. Admin Permit: amusement ctr., bowling alley, conference ctr., spa, deli, discount/drug/variety, florist, grocery store, hotel/motel, restaurant. CUP Permit: bar, convenience store, liquor store, membership club, gas station/mini mart, pool hall, movie theatre, tasting facilities. Oakland Use Permit required for alcohol sales 1,000 ft. from similar use. No. 1,000 ft. separation does not apply in certain districts, restaurants and businesses over 20,000 SF w/25 full time employees. Pasadena Use Permit required for all alcohol sales. No. No. Poway Yes for Liquor stores. No. G:PLANNING\2011\LR11-0007 Alcohol Urgency Ordinance\Research summary 6.11.doc Comparison of Other Agency Regulations on Alcohol Beverage Sales: No Consistent Standards City Require CUP Distance Separation Special Standards by Business Type Notes/Exceptions Riverside Use permit required for off -sale licenses. On sale licenses only require CUP if certain standards not met 600 ft. from public/private school, assemblies of people, public park (measured from building of alcohol use to property line of sensitive area). No. (100 ft. from residential property.) 100 ft. from residential property or dwelling. 1,000 ft. from parolee home, drop-in/emergency, homeless or transitional shelter or other businesses licensed for off -sale less than 15,000 SF or where alcohol sales is primary use. G:PLANNING\2011\LR11-0007 Alcohol Urgency Ordinance\Research summary 6.11.doc Comparison of Other Agency Regulations on Alcohol Beverage Sales: No Consistent Standards City Require CUP Distance Separation Special Standards by Business Type Notes/Exceptions San Bernadino Yes 500 ft. from religious institution, school or public park. 100 ft. from residentially zoned property. Not to be located in such proximity to another similar use to cause oversaturation of the neighborhood. Yes- See Exceptions/Notes Separation criteria not applicable to existing off-site licenses to be transferred within 75 ft. of existing facility. Establishments greater than 15,000 SF that sell alcohol as incidental use does not require CUP. Existing legal nonconforming convenience stores in CN zone can upgrade from Type 20 to Type 21 without meeting 100 ft. separation from residential property if at least 100 ft. from similar use. San Marino Yes for Liquor Stores. Cocktail lounges and bars are prohibited in all zones. Ventura Use permits required for all alcohol beverage businesses- no special standards for business types. No. Deemed approved requirement for non - conforming establishments and police inspections required. G:PLANNING\2011\LR11-0007 Alcohol Urgency Ordinance\Research summary 6.11.doc Comparison of Other Agency Regulations on Alcohol Beverage Sales: No Consistent Standards City Require CUP Distance Separation Special Standards by Business Type Notes/Exceptions Vista Use permit required for type 20 and Type 21 ABC license types. No. G:PLANNING\2011\LR11-0007 Alcohol Urgency Ordinance\Research summary 6.11.doc PC RESOLUTION PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO FURTHER CLARIFY THE REGULATIONS ON BUSINESSES SELLING ALCOHOLIC BEVERAGES" (LONG RANGE PLANNING PROJECT LR11-0007) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 9, 1993, the City Council of the City of Temecula adopted the General Plan. B. On January 25, 1995, the City Council of the City of Temecula initially adopted the City's Development Code. C. The City's Development Code has been periodically amended over time as needed. D. On May 4, 2011, the Planning Commission, in reviewing Planning Application No. PA11-0010, continued the Conditional Use Permit (CUP) request for a Type 21 (off -sale general) ABC license to allow the City Council time to provide specific direction regarding the policy for Type 21 licenses. E. On May 24, 2011, the City Council adopted Ordinance No. 11-02 implementing a Citywide moratorium on the approval of CUP's for businesses to sell alcoholic beverages for off -sale consumption. The moratorium was extended for one year when on June 28, 2011, the City Council adopted Ordinance No. 11-04. F. Staff conducted the research requested by City Council and presented the proposed Development Code Amendment related to alcohol businesses (LR11-0007 — "Application"). The Planning Commission, at a regular meeting, considered the Application and environmental review on February 1, 2012, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. G. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission hereby recommends that the City Council adopt an Ordinance amending the requirements for certain businesses selling alcoholic beverages and make other changes substantially in the form attached to this resolution as Exhibit A. H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the recommended approval of the Development Code Amendment: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Code Amendment, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on October 12, 2011, and expired on November 1, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590. C. No written comments were received prior to the public hearing. D. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the February 1, 2012 public hearing, and based on the whole record before it finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and, (3) the Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends the adoption of the Negative Declaration prepared for this project. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of February 2012. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss Ron Guerriero, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of February 2012, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary EXHIBIT A CC ORDINANCE ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO FURTHER CLARIFY THE REGULATIONS ON BUSINESSES SELLING ALCOHOLIC BEVERAGES (LONG RANGE PLANNING PROJECT NO. R11-0007) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Legislative Findings. The City Council of the City of Temecula hereby makes the following findings in support of this Ordinance: A. On May 24, 2011, the City Council adopted Interim Urgency Ordinance No. 11-02, establishing a 45 -day moratorium on the approval of Conditional Use Permits (CUP's) for businesses that sell alcoholic beverages for off -sale consumption. B. On June 28, 2011, the City Council adopted Ordinance No. 11-04, extending the Interim Urgency Ordinance and moratorium until May 13, 2012 to provide time for staff to conduct research required to determine the appropriate locations in the City for off -sale alcohol CUP businesses and to determine whether additional regulations should be imposed on these businesses or whether these businesses should be prohibited in certain areas of the City. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance and the Negative Declaration on February 1, 2012, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 12 - recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance and Negative Declaration on February 28, 2012, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Additional Findings. The City Council is particularly concerned about the deleterious secondary impacts that can arise from the sale of distilled spirits at convenience markets and liquor stores. A. Although the risks of negative secondary effects can arise from any sales facility offering alcoholic beverage, this City Council finds that the risks of negative secondary effects increase when a sales facility provides distilled spirits at stores open on an extended hour basis, are located in smaller commercial centers with less private security, and located along major roadways. B. The secondary effects that have been associated with such locations/businesses, include, but are not limited to, increases in public disturbances such as loitering, littering, reckless driving, violent assaults or other disturbances of the peace, increases in alcohol use related offenses and increases in sales of alcoholic beverages to underage purchasers. C. For the purposes of minimizing the potential risk arising from such uses, and to ensure that such businesses minimize burdens on the City's police and public safety and maximizes benefits to the community, the City desires to prohibit liquor stores, restrict the sale of distilled spirits for off-sale consumption only at grocery stores, drug stores, specialty markets and discount/department stores that are located in larger commercial centers, where the sale of such distilled spirits is not the primary product, and the size of such businesses are greater than 10,000 square feet. Section 4. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial Study of the potential environmental effects of this Ordinance amending Title 17 of the City's Municipal Code to restrict the sale of distilled spirits for off-sale consumption, increase the separation between Alcohol CUP Businesses to 600 feet consistent with the State of California Business and Professions Code, restrict the sale of alcohol for on-site consumption when associated with live entertainment to bona fide restaurant establishments, and other minor clarification items related to alcohol sales ("Project"). Based upon the findings contained in that Initial Study, Staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. Thereafter, Staff provided public notice of the public comment period and of the indent to adopt the Negative Declaration as required by law. The public comment period commenced on October 12, 2011 and expired on November 1, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development at City Hall, located at 41000 Main Street, Temecula, California 92590. B. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the February 28, 2012 public hearing, and based on the whole record before it, finds that (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on the findings set forth in this Section, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 5. Portions of Table 17.08.030 of the Municipal Code is hereby amended as follows: Description of Use NC CC HT 1 SC PO BP LI Alcoholic beverage sales See Section 17.10.020. Supplemental Development Standards Beer and wine market' C C C C - - - Bowling alley' - P P P - - - Convenience market' CCCCC - - Grocery store, retail' - PPPC - - Grocery store, wholesale' - - -P - C P Liquor stores' - - - - - - - Nightclubs/ dance club/teen club/comedy club - C C C - - - Restaurants and other eating establishments' P PPP PPP Retail support use to a noncommercial business (limited to the sale of products manufactured or assembled on-site and occupying less than 15% of the floor area of the business) - - - - - P P Specialty market' C P P P C - - Notes: 1. Subject to the Supplemental Development Standards contained in Chapter 17.10 of this code. Section 6. Section 17.10.020.6 of the Municipal Code is hereby amended as follows: B. Alcoholic Beverage Sales. 1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the State of California Department of Alcohol Beverage Control. 2. Grocery stores, drug stores, specialty markets, and discount/department stores ("Primary Uses") may offer the incidental sale of alcoholic beverages as a permitted use, unless the initial establishment, or amendment thereof, of the Primary Use require a City of Temecula Conditional Use Permit pursuant to another provision of this title. 3. All other businesses, establishments, or facilities offering the sale of alcoholic beverages, shall require a Conditional Use Permit. 4. Restaurants are permitted to serve beer and wine as a matter of right but are subject to obtaining a Conditional Use Permit to offer, sell, or serve distilled spirits, unless otherwise regulated by a current Specific Plan. 5. For establishments with on -sale alcohol beverage sales that are not bona fide eating establishments (i.e. comedy club, nightclub, dance club), the `bar area' may ONLY be an incidental use subject to the approval of a Conditional Use Permit. 6. Businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol -selling business and the religious or educational institution are both located within commercial or industrial zones. This separation requirement shall also not apply to restaurants (bona fide eating establishments). 7. Convenience Markets and Beer/Wine Markets. a. Only beer and wine may be sold, and only for off-site consumption. This is the equivalent to an ABC Type 20 license type. Distilled spirits and pre -mixed spirit cocktails are prohibited from being sold, gifted or consumed on-site. b. No displays of beer or wine shall be located within ten (10) linear feet from any building entrance or check-out counter. This prohibition shall not apply if the display is not physically accessible to customers. c. A security plan, including but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering and other reasonable factors shall be submitted to the chief of police and be approved or conditionally approved prior to public display or sales of beer or wine. d. The failure to comply with any of these conditions may result in the revocation of the Conditional Use Permit pursuant to Section 17.04.010 of this title. 8. Legal Non -conforming Liquor Stores. Existing liquor stores are, upon the effective date of this Ordinance, deemed legal non -conforming uses. 9. Finding of Public Convenience or Necessity. a. Whether or not the proposed use is consistent with the General Plan and Development Code; b. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; c. Whether or not the proposed use would have an adverse effect on adjacent land uses; d. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. 10. Gas Stations - Concurrent Sale of Motor Vehicle Fuel and Alcoholic Beverages. a. To comply with the provisions of the Business and Professions Code (Section 23790 et seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the City Council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code. b. In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine products at a facility that also offers motor vehicle fuel: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive -up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self -illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre -mixed spirit cocktails are prohibited. Section 7. Section 17.10.020.Q of the Municipal Code is deleted in its' entirety. Section 8. Section 17.34.101 of the Municipal Code is hereby amended to add the following definition: "Beer/Wine Market" means a retail market that specializes in the sale of beer and wine for off -sale consumption as regulated by the State of California Alcohol Beverage Control Type 20 license. The sale of beer and wine products is the predominant product sold in such facility and the sale of other goods and services is not required. There are no size criteria or limitations on such facilities. Section 9. Section 17.34.101 of the Municipal Code is hereby amended to add the following definition: "Bona fide Eating Establishment" means an establishment that is used for the regular service of meals to patrons. The establishment shall have suitable kitchen facilities and provide an assortment of foods commonly ordered at various hours of the day. Section 10. Section 17.34.101 of the Municipal Code is hereby amended to revise the following definition: "Convenience market" means a retail food market providing goods and other services on an extended -hour basis. The sale of beer and wine is allowed with an approved Conditional Use Permit. Such stores are located in smaller commercial centers or along major roadways with easy accessibility. Section 11. Section 17.34.101 of the Municipal Code is hereby amended to revise the following definition: "Specialty market" means a retail market that specializes in a specific type or class of food, drink, and related products. Specialty markets generally range in size from 10,000 to 40,000 square feet. Section 12. Section 17.34.101 of the Municipal Code is hereby amended to revise the following definition: "Liquor store" means a retail sales facility offering for sale an assortment of distilled, fermented, brewed or similarly prepared beverages that contain amounts of alcohol sufficient to cause the sale of the beverage to be regulated by the state of California and (i) where the sale of such beverages is the predominant product sold in such facility, whether such finding is determined by total annual retail sales or square footage of the facility dedicated to the storage and/or display of such merchandise; and (ii) the retail sales facility is not the direct, corporately owned marketing and/or sales facility of the producer of the alcoholic beverage and where the alcoholic beverage is primarily intended to be consumed off-site from the place of sale. Liquor stores commonly range in size from two thousand to five thousand square feet. A convenience market selling distilled spirits that meets criteria (i) and (ii) above shall also be considered as a liquor store for the purposes of this title. Liquor stores are prohibited as of the effective date of this Ordinance. Section 13. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 14. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 15. Upon the effective date of this Ordinance, the moratorium imposed by Ordinance Nos. 11-02 and 11-04 shall terminate. Section 16. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 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 day of , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of, , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CEQA INITIAL STUDY AND NEGATIVE DECLARATION City of Temecula Community Development Planning Division Notice of Proposed Negative Declaration PROJECT: LR11-0007, Alcohol related Development Code Amendment APPLICANT: City of Temecula LOCATION: Citywide, City of Temecula, County of Riverside DESCRIPTION: The proposed Ordinance prohibits liquor stores, nightclubs, bars and taverns; allows the sale of distilled spirits for off -sale consumption to only grocery stores, specialty markets, drug stores and discount/department stores; increases the separation between Alcohol CUP Businesses from 500 feet to 600 feet consistent with the State of California Business and Professions Code; provides an exception to this separation requirement for restaurants; restricts the sale of alcohol for on-site consumption when associated with live entertainment to bona fide restaurant establishments; and other minor clarification items related to alcohol sales. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Negative Declaration for this project. The comment period for this proposed Negative Declaration is October 12, 2011 to November 1, 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 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 Cheryl Kitzerow, Associate Planner at (951) 694-6409. Prepared by: YK Assn cJkGL n - 1 v (v\kir- igrature) « (Title) G:\PLANNING\2011\LR11-0007 Alcohol Urgency Ordinance\CEQA\Proposed Negative Declaration .doc City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Alcohol Beverage Sales Related Development Code Amendment (LR11-0007) Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Cheryl Kitzerow, Associate Planner (951) 694-6409 Project Location Citywide Project Sponsor's Name and Address City of Temecula, 41000 Main Street General Plan Designation N/A Zoning N/A _ Description of Project The proposed project is a Development Code Amendment (Title 17 of Municipal Code) to modify the regulations for businesses selling alcoholic beverages. No specific businesses or development would be approved as part of this project. Generally, the Amendment includes the following changes: The proposed Ordinance prohibits liquor stores, nightclubs, bars and taverns; allows the sale of distilled spirits for off-sale consumption to only grocery stores, specialty markets, drug stores and discount/department stores; increases the separation between Alcohol CUP Businesses from 500 feet to 600 feet consistent with the State of California Business and Professions Code; provides an exception to this separation requirement for restaurants; restricts the sale of alcohol for on-site consumption when associated with live entertainment to bona fide restaurant establishments; and other minor clarification items related to alcohol sales. More specifically, the ordinance revisions would: Update Use Matrix Section 17.08.030 as follows: • Liquor Stores, Nightclubs, Bars, Taverns, and Dance Clubs will be prohibited in all zones. • Live entertainment, nightclubs and bars will be permitted with a CUP only as part of a bona fide eating establishment (restaurants) • Clarify Alcohol Beverage Sales Use Category to reference Supplemental Development Standards of the Code • Add Use Category for Beer/Wine Markets • Create separate Use Category for Teen Club (no changes to provisions) • Clarify those uses subject to Supplemental Development Standards for Alcohol Sales with footnote 1 Revise Supplemental Development Standards Section 17.10.020.B as follows: • Clarify applicability of the supplemental standards when the use is regulated by another regulating document (i.e. Specific 1 2 Plan) • Clarify language regarding exception for grocery, drug, discount department stores • Add language to clarify that restaurants with beer/wine license don't require CUP but sale of distilled spirits requires a CUP • Add special standards for convenience markets and beer/wine markets to prohibit sales of distilled spirits • Clarify existing special standards for Liquor Stores will apply to existing liquor stores to become Legal Non-Conforming uses • Relocate regulations for concurrent sale of motor vehicle fuel and alcohol sales to Alcohol Beverage Sales section Revise Definitions Section 17.34.101 as follows: • Clarify Liquor Store — all existing to become legal non- conforming upon effective date of Ordinance • Add Beer/Wine Market • Add Bona Fide Eating Establishment/Restaurant • Revise Convenience Market • Revise Specialty Market to include specialty drinks Surrounding Land Uses and Setting N/A Other public agencies whose approval is required None 2 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture and Forestry Resources Air Quality Noise Population and Housing Public Services Recreation Biological Resources Greenhouse Gas Emissions Cultural Resources Transportation and Traffic Geology and Soils Utilities and Service Systems Hazards and Hazardous Materials Mandatory Findings of Significance Hydrology and Water Quality X None Land Use and Plannin• Determination (To be completed by the lead agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Cheryl Kitzerow. Associate Planner Printed Name 3 10\51►\ Date City of Temecula, Planning Department For 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? X c Substantially degrade the existing visual character or quality of the site and its surroundings? X 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 -d. No Impact: The proposed ordinance will not result in a substantially adverse effect on scenic vistas, including views along a scenic highway or scenic corridor. A scenic vista is defined as a public view of highly valued visual and scenic resources, such as distant mountain ranges. The City of Temecula contains several scenic vistas, including the western escarpment and southern ridgelines, the Santa Margarita River, and various hillside slopes. The proposed Development Code Amendment will not substantially degrade the existing visual character or quality of the City. The proposed Development Code Amendment will not create new sources of light or glare that could adversely affect day or nighttime views in the area. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact community aesthetics or scenic views. 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 Significant Impact Less Than S'gnificant With Mitigation Incorporated Less Than Significant Impact No Impact X 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? 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(g)? X d Result in the loss of forest land or conversion of forest land to non -forest use X 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 -e. No Impact: The proposed Development Code Amendment will not 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. According to Figure 5.2-1 (Agricultural Resources) of the Temecula General Plan Update Final Environmental Impact Report (March 2005), the majority of the Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is located to the east of the City in Wine Country and to the north, within French Valley. Williamson Act contracts are located throughout the City of Temecula Planning Area and much of the land east of the City used as vineyards or as citrus and avocado groves. Forest land is defined as land that can support 10 percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation and other public benefits. The project is a proposed amendment to the Zoning Code and will not affect a Williamson Act property or a Timberland Production Zone as defined by Section 51104(g) of the Government Code. The proposed Ordinance will not result in development in these areas. The proposed project would augment the current standards for certain businesses selling alcoholic beverages. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as 5 part of the entitlement process. As a result, the proposed amendment has no potential to impact agricultural resources. 6 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 Significant 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? X c 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)? X d Expose sensitive receptors to substantial pollutant concentrations? X e Create objectionable odors affecting a substantial number of people? X Comments: 3.a -d. No impact: The proposed project would augment the current standards for certain businesses selling alcoholic beverages. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process and all future development will be required to comply with Air Quality standards and thresholds. As a result, the proposed amendment has no potential to impact air quality. 4. BIOLOGICAL 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 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? X 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? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X X X d e 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: 4.a -c. No Impact: The City of Temecula contains several areas with riparian habitat and/or other sensitive natural communities. Riparian/Riverine areas are lands that contain habitat dominated by trees, shrubs, persistent emergent vegetation, or emergent mosses and lichens, which occur close to, or which depend upon, soil moisture from a nearby fresh water source; or areas with fresh water flow during all or a portion of the year. To be considered a wetland, a site must contain hydric soils, wetland hydrology, and hydrophytic vegetation. Hydric soils are defined by the national Technical Committee as soils that formed under conditions of saturation, flooding, or ponding long enough during the grow season to develop anaerobic conditions in the upper part of the soil. Wetland hydrology is present when, under normal circumstances, the land surface is either inundated or the upper portion of the soil is saturated at a sufficient frequency and duration to create anaerobic conditions. These conditions are also required in order for hydrophytic vegetation to be present. Implementation of the proposed ordinance will not have a substantial adverse effect on 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. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage 8 sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact biological resources. 4.d -f. No Impact: The MSHCP is a comprehensive, multi -jurisdictional plan which focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. The City of Temecula has also recently adopted a Heritage Tree Ordinance designed to protect certain species of trees within the City. The City of Temecula General Plan outlines a number of policies which emphasize the interrelationship between the built and natural environment. The General Plan recognizes the importance of conserving important biological habitat and protecting plant and animal species of concern. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact biological resources. 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. No Impact: "Historic Resources" as defined by CEQA Section 15064.5 are prehistoric and historic resources that are assessed as being "significant" insofar as their evidentiary contents can be demonstrated relevant to the established local, regional or national research domains, issues and questions. There are areas that contain known archaeological resources or that contain features, (drainage course, rock outcroppings, or oak trees), which indicate potential archaeological sensitivity within the City of Temecula. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact cultural resources. 10 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: 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 X X X i ii Strong seismic ground shaking? Seismic -related ground failure, including liquefaction? Landslides? iii iv 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? 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? 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 X X d e Comments: 6.a -e. No Impact The proposed ordinance is not expected to result in significant impacts from exposing people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known active fault zone, seismic hazard zone or Alquist-Priolo Earthquake Fault Zone. The underlying surficial geology in Temecula is predominantly composed of well -drained fine sandy loams, sandy loams and gravelly silt loams. Soils characterized by low permeability or high run-off are susceptible to erosion (2005 City of Temecula General Plan, PS -10). Although the City of Temecula lies within a general region of known fault zones and seismic activity, the project is a Development Code Amendment for regulations on alcohol beverage sales and does not involve construction. Subsidence occurs when earth material shrinks due to natural or artificial removal of underlying support. This process occurs in poor, unconsolidated soils and poorly compacted fill areas. The potential for liquefaction in an area is a function of the soil type and depth of groundwater. Poorly consolidated soils combined with groundwater during an earthquake can result in lateral spreading, subsidence, liquefaction or collapse. The potential for subsidence and liquefaction exists along Santa Gertrudis and Temecula Creek (2005 Temecula General Plan, PS -9-10). The proposed Ordinance creates a discretionary procedure that will not directly result in the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. Future requests for alcohol sales related businesses may subject to the California Building Code (CBC) and may require appropriate approvals from the City's Public Works Department, including preparing a geotechnical 11 report if new construction is located in a fault zone. As a result, the proposed amendment has no potential to impact community aesthetics or scenic views. 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 No Impact a Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X 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. No impact At this time there are no adopted statewide guidelines for greenhouse gas emission (GHG) impacts, but this is being addressed through the provisions of Senate Bill 97 (SB 97). The City of Temecula does not have any plans, policies or regulations adopted for the purpose of reducing the emissions of GHGs. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to generate greenhouse gas emissions, either directly or indirectly, or conflict with AB 32 State goals for reducing GHG emissions. 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 a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? X 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? X d 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 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? X g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h 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 Comments: 8.a -g. No Impact: The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment will not result in development that would create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. The proposed Ordinance will not result in reasonably foreseeable accident conditions and will not involve the release of hazardous materials into the environment. The Ordinance will not involve hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste. Government Code Section 65962.5, which became effective July 1, 1987, requires the applicant for any development project to consult specified State -prepared lists of hazardous waste sites and submit a signed statement to the local agency indicating whether the project is located on or near an identified site. Under the statute, no application shall be accepted without this signed statement. The City of Temecula has nine identified hazardous sites and two identified public well sites. The General Plan discourages new 14 development from being located on a site that is included on the list of hazardous materials sites compiled pursuant to Section 65962.5. French Valley Airport is a general aviation airport owned and operated by the County of Riverside. The airport occupies approximately 261 acres east of Winchester Road and is located five miles north of Temecula's city center and one and one-quarter mile northwest of the City limits within the sphere of influence. In November 2004, the Riverside County Airport Land Use Commission (ALUC) adopted the Riverside County Airport Land Use Compatibility Plan (ALUCP) Policy document (2005 City of Temecula General Plan, LU -5). The ALUCP establishes procedural requirements for compatibility between airports and the land uses that surround them. 8.h. No Impact: Temecula is subject to both natural and urban fires. Areas posing a significant risk to the City are subject to the California Public Resources Code, Sections 4291-4299, which require property owners to conduct periodic maintenance to reduce the fire danger. The Riverside County Fire Department (RCFD) provides fire protection and prevention services to reduce the potential for dangerous fires. The RCFD conducts fire hazard education and protection programs, and enforces the current Uniform Fire Code used to prevent structural fire (2005 City of Temecula General Plan, PS13-14). The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to 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 residents intermixed with wildlands. 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 Impact a Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? 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)? X c 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 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? X g 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 h Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i 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 j Inundation by seiche, tsunami, or mudflow? X Comments: 9.a. No Impact: Surface water sources are subject to pollutants and sediment carried in run-off. To address the problem of urban run-off, the Clean Water Act was amended in 1987. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed ordinance will not likely violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. 9.b. No Impact: The local ground water basin is the Murrieta -Temecula Basin. This aquifer is recharged by underflow, surface flow from creeks in the area, and by direct precipitation in the valley. The Rancho 16 California Water District (RCWD) that utilizes both groundwater and imported water supplies to ensure adequate water is available for consumers. Imported water is utilized to ensure that significant overdraft of local ground water supplies does not occur. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact groundwater. 9.c -e. No Impact: Temecula requires the use of Best Management Practices (BMPs) to reduce run-off from construction and current land uses, consistent with NPDES permit requirements. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to substantially alter the existing drainage pattern of a 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. 9.f. No Impact: The proposed ordinance will not violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact water quality. 9.g -h. No Impact: The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to place housing within a 100 -year flood hazard area. . 9.i -j. No Impact: Flood hazards in Temecula are divided into three categories: natural flooding, dam failure, and mud debris flows. Temecula contains several FEMA Special Flood Hazard Areas (SFHAs). These areas have the potential to become flooded when major rainstorms, earthquake, erosion, or improper siting or design cause streams to overflows, dams to fail, or mud and debris to flow from hillsides. The City participates in the National Flood Insurance Program (NFIP), which makes flood insurance available to property owners affected within the 100 -year floodplain. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to directly or substantially 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 or inundation by seiche, tsunami, or mudflow. 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 Significant 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 proposed ordinance will not result in the physical division of an established community. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to physically divide an established community. 10.b. No Impact: The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment does not facilitate new development that would alter the nature of the land use and zoning code. The Ordinance does not conflict with any land use plan, policy or agency regulation adopted to avoid or mitigate environmental effects. 10.c. No Impact: The MSHCP is a comprehensive, multi jurisdictional plan that focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. The City of Temecula has also recently adopted a Heritage Tree Ordinance designed to protect certain species of trees within the City. The City of Temecula General Plan outlines a number of policies that emphasize the interrelationship between the built and natural environment. The General Plan recognizes the importance of conserving important biological habitat and protecting plant and animal species of concern. As a result, the General Plan requires that all significant biological resources be identified on a property when requesting any site modifications. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact 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 Im.act No Impact X 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? 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: According to the General Plan EIR, the City is within Mineral Resource Zone 3a (MRZ-3) as classified by the State Geologist. The MRZ-3 areas contain sedimentary deposits that have the potential to supply sand and gravel for concrete and crushed stone for aggregate. However, these areas are not considered to contain deposits of significant economic value, based on available data. The proposed ordinance would not 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 because the classified Mineral Resource Zone within the City of Temecula is not considered to contain deposits of significant economic value. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact mineral resources. 19 12. NOISE. Would the project result in: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X X X 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? Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? b c d A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X 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 expose people residing or working in the project area to excessive noise levels? X 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. No Impact: The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment is not expected to result in more intense development that would expose persons to noise levels in excess of standards established in the local general plan, or generate excessive groundborne vibration or groundborne noise levels, or create a substantial permanent or temporary increase in ambient noise levels within the project vicinity above levels existing without the project. 12.e -f. No Impact: French Valley Airport is a general aviation airport owned and operated by the County of Riverside. The airport occupies approximately 261 acres east of Winchester Road and is located five miles north of Temecula's city center and one and one-quarter mile northwest of the City limits within the sphere of influence. In November 2004, the Riverside County Airport Land Use Commission (ALUC) adopted the Riverside County Airport Land Use Compatibility Plan (ALUCP) Policy document (2005 City of Temecula General Plan, LU -5). The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to expose people residing or working within two miles of a public airport or public use airport to excessive noise levels beyond what already exists. 20 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 No Impact 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)? X b Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Comments: 13.a -c. No Impact: The proposed ordinance would not be expected to induce direct or indirect population growth. The Ordinance does not propose any new development, nor extend roads or infrastructure. The proposed ordinance would not be expected to displace substantial numbers of existing housing units or a substantial number of people. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact housing or population. 21 14. PUBLIC SERVICES. Issues and Supporting Information Sources Potentially Significant 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? X Police protection? Schools? X X Parks? X Other public facilities? X Comments: 14.a. No Impact: Fire Protection The Riverside County Fire Department provides fire protection and safety services to the City. The proposed ordinance would not create staffing or response time problems that would result in a substantial need for new or physically altered fire facilities. The General Plan encourages adequate facilities and emergency response. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact fire protection. Police Protection Law enforcement services are provided to the City through a contractual agreement with the Riverside County Sheriffs Department. The proposed ordinance would not create staffing or response time problems that would result in a substantial need for new or physically altered police facilities. The General Plan encourages adequate facilities and emergency response. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact police protection. Schools Public education facilities are provided by the Temecula Valley Unified School District (TVUSD). any demand on the existing school District. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or 22 any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to put an additional demand on school facilities or create capacity problems at individual schools. Parks The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to increase population or place an associated burden on parks in the area. Other public facilities The City of Temecula's Quimby requirements and Development Impact Fees (DIF) are designed to offset the potential impacts to fire, police, park and recreation and public facility maintenance, including roads. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to increase population or place an associated burden on governmental facilities, including libraries. 23 15. RECREATION. Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X 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 -b. No Impact: The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to increase population or 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, nor require the construction or expansion of recreational facilities that adversely affect the environment. 24 16. TRANSPORTATION/TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact 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? X 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? X c 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 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. No Impact: The proposed Ordinance does not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to affect transportation or traffic. 16.b. No Impact: The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to increase vehicle trips. 16.c. No Impact: The proposed Ordinance will not result in a change in air traffic patterns, an increase in traffic levels, or a change in the location of facilities that result in substantial safety risks. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage 25 sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact air traffic patterns. 16.d -e. No Impact: The proposed Ordinance will not substantially increase hazards due to design features or incompatible uses, or result in inadequate emergency access. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to result in hazardous design features, incompatible uses or inadequate emergency access. 16.f. No Impact: The proposed Ordinance will not result in development that would conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact alternative modes of transportation. 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.c.e. No Impact: The proposed Ordinance will not result in development that would create urban pollutants, including oils and other substances. The proposed Ordinance will not increase population or place an associated burden on wastewater service system capacity. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact wastewater or stormwater systems. 17.d. No Impact: Rancho California Water District (RCWD) supplies water service to the area. The proposed Ordinance does not propose any specific development and will not create an additional demand for water supply. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact water supply. 17.f -g. No Impact: The proposed Ordinance will not generate demand for solid waste services and does not have the potential to contribute to potentially significant cumulative demand impacts on the solid waste system. The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently 27 allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result, the proposed amendment has no potential to impact solid waste. 28 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a 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? X 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)? X c Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Comments: 18.a -c. No Impact: The proposed project would augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not result in new development, the construction of new buildings, or any other changes to the physical environment not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. The project is not expected 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. 29 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 -c. The impacts associated with the implementation of the City of Temecula General Plan were previously identified and discussed in a Final Environmental Impact Report certified in 1993, and again in a Final Environmental Impact Report for the comprehensive update of the General Plan, which was certified in 2005. The Environmental Impact Report for the City of Temecula General Plan also identified specific general plan level mitigation measures and adopted a statement of overriding consideration for agricultural resources, air quality, biologic resources, education, library, noise, transportation and circulation. SOURCES 1 City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report (1993) 3. City of Temecula General Plan Final Environmental Impact Report (2005) 4. South Coast Air Quality Management District CEQA Air Quality Handbook 5. Multiple Species Habitat Conservation Plan (2003) 30 NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: LR11-0007 City of Temecula A Development Code Amendment (Title 17 of Municipal Code) to modify the regulations for businesses selling alcoholic beverages. The proposed Ordinance prohibits liquor stores, increases the separation requirements between Alcohol CUP Businesses and sensitive land uses (educational institutions, day care center and public parks) from 500 feet to 600 feet consistent with the State of California Business and Professions Code; allows the sale of alcohol for on-site consumption as an incidental use when associated with entertainment venues; and other minor clarification items related to alcohol sales. In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Study. As a result, a Negative Declaration will be adopted in compliance with CEQA. Cheryl Kitzerow, (951) 694-6409 City of Temecula, Council Chambers February 1, 2012 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner. G:\PLANNING\2011\LR11-0007 Alcohol Urgency Ordinance\2.2.12 PC\PC NOPH.doc Item No. 23 Approvals City Attorney Director of Finance City Manager fkAi CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Development Services Director DATE: February 28, 2012 SUBJECT: Approval for levying an assessment for Fiscal Year 2012-13 in connection with the Temecula Valley Tourism Business Improvement District (TVTBID) PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: 1. Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 2. Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the formation of the proposed District; 3. If the City Clerk reports that there is not a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2012-13 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) BACKGROUND: On December 13, 2005, a Public Hearing was held to consider protests regarding the formation of the Temecula Valley Tourism Business Improvement District (TVTBID). A majority protest was not received and, therefore, Council enacted an ordinance establishing the TVTBID. Also adopted were resolutions to levy an annual assessment and resolutions to establish an advisory board for the TVTBID. A Management Agreement between the City of Temecula and The Convention and Visitors Bureau (CONVIS) was also approved for the operation and administration of the TVTBID. The formation of the TVTBID was initiated by the lodging establishments and the CONVIS and currently is comprised of 14 lodging establishments within the City limits of Temecula. There were no new lodging businesses established in fiscal year 2011/2012. In addition, there are currently no new lodging businesses anticipated to open in fiscal year 2012/13. According to the Parking and Business Improvement Area Law of 1989 (the Law), the City Council is authorized to annually undertake proceedings to levy an assessment against businesses within the TVTBID. In accordance with Section 36533 of the Law, the TVTBID Advisory Board has prepared and filed with the City Clerk a report for fiscal year 2012-2013. The report, which was presented to City Council and approved on February 14, 2012, thoroughly details the proposed budget and activities, and programs and events for the District for the coming year. After approving the report, City Council adopted Resolution No. 12-15 to declare its intention to levy an assessment against lodging businesses for fiscal year 2012-13 within the District and to set the time and place of a Public Hearing. The annual levy represents 4% of the room rates collected. This levy is an assessment on the lodging guests at lodging establishments within the City of Temecula and not on the citizens of Temecula. These funds are expended for the purpose of marketing and promoting tourism in the Temecula Valley area as a tourist destination to the special benefit of lodging businesses located and operating within the boundaries of the District. The 2012-2013 Marketing Plan for the TVTBID shows the specific advertising and trade show participation for the marketing of lodging establishments in the City of Temecula as well as other actions designed to market and assist lodging establishment in the increasing their business. For example, all lodging establishments within the City of Temecula receive a '/2 page ad in the Visitors Guide and Meeting Planner Guides as well as an online banner ad on the CONVIS website and online Wedding Planner Guide. Direct booking of City of Temecula hotel rooms are also made available via the CONVIS website. All City of Temecula lodging establishments are invited to participate in media tours and trade show events with CONVIS Staff. The Report also shows the success of these efforts in that occupancy for the lodging establishments in the City of Temecula has increased 8.6% during the past year while the average daily room rate has increased 1.49% to $95.25 over last year. To date, there have been no protests against the assessment by any of the lodging operators. In fact, all lodging operators within the City of Temecula that are subject to the assessment have affirmatively expressed their support for continuing the assessment. The Convention and Visitors Bureau is responsible for the budgeting and spending of the funds in accordance with the Management Agreement between the City of Temecula and the Convention and Visitors Bureau for the operation and administration of the Temecula Valley Tourism Business Improvement District for the purposes of attracting more customers who will patronize the lodging business in the City of Temecula as identified in Chapter 3.40 of the Temecula Municipal Code. At this Public Hearing, testimony will be heard and protests may be made by any person with an interest in the proposed levy. In the absence of a majority protest, it is recommended that the City Council adopt the resolution to levy the assessment for the fiscal year 2012-2013 (March 1, 2012 through February 28, 2013). FISCAL IMPACT: It is anticipated that the 4% annual assessment would result in the collection of approximately $1,139,700 in fiscal year 2012-13 which would be used by the CONVIS for the promotion of tourism to specially benefit the assessed lodging businesses in the district. The City would receive up to 2% of the assessments, or approximately $22,795, to offset administrative costs. ATTACHMENTS: 1. Resolution RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2012-2013 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq. (the "Act"), authorizes the City Council (the "City Council") of the City of Temecula (the "City") to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City. Section 2. Pursuant to the Act, the City Council adopted Ordinance No. 05-16 establishing the Temecula Valley Tourism Business Improvement District (the "District") in the City. Section 3. The boundaries of the District are the boundaries of the City and include all lodging businesses therein (as defined in Temecula Municipal Code Section 3.40.020). Section 4. In accordance with Section 36533 of the Law, the Advisory Board for the District prepared and filed with the City Clerk reports entitled "2011-2012 Annual Report" and "2012-2013 Annual Report: Budget and Marketing Plan" (the "Reports"), and on February 14, 2012, Resolution No. 12-14, the City Council preliminarily approved such Report as filed. Section 5. On February 14, 2012, the City Council adopted its Resolution of Intention, Resolution No. 12-15, declaring its intention to levy and collect an assessment for fiscal year 2012-2013 (March 1, 2011 through February 28, 2012) against lodging businesses in the District. Section 6. Following notice duly given pursuant to law, the City Council has held a full and fair public hearing regarding the levy and collection of an assessment within the District for fiscal year 2012-2013. At the public hearing, the testimony of all interested persons regarding the levy of an assessment against lodging businesses within the District for fiscal year 2012-2013 was heard and considered. The City Council hereby determines that there was no majority protest within the meaning of the Act. Section 7. Based upon its review of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City, the City Council hereby finds and determines that (i) the lodging businesses in the District will be specially benefited by the expenditure of funds raised by the assessment for fiscal year 2012-2013, (ii) the District includes all of the businesses so benefited; and (iii) the net amount of the assessment levied within the District for fiscal year 2012-2013 in accordance with Resolution No. 12-14, the Report, and Chapter 3.40 of the Temecula Municipal Code is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such lodging business. Section 8. The City Council hereby confirms the Report as originally filed. Section 9. The adoption of this Resolution constitutes the levy of an assessment for fiscal year 2012-2013. The assessment formula is set forth in Chapter 3.40 of the Temecula Municipal Code. Assessments shall be paid in monthly installments. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of February, 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 28th day of February, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk February 21, 2012 Petition for Continuation of TVTBID for Fiscal Year 2012 — 2013 � t_ roI 3 FC'?i A WINE COUNTRY As a representative of one of the fifteen TID Lodging establishments in the City Convention a11fi of Temecula, I express my consent to the assessments and request approval of the assessments by the Temecula City Council. Visitors Bureau 6) Best Western Courjtry Inn Represent ive Embassy Suites Hotel Representative Extended Stay- edfesent.tiv 6. Fairfield Inn & Stfites Representative VI a-42 Hampton I n : Suites, Representative A Holid.y Inn Express Representative Qua ity Inn ine Country Repres tative 11) N^c'r,C.0 Ramada Inn Representative 12) 13) 14) 15) Rancho lifornia Inn Representative Rodeway Inn Representative SpringHill Suites byM4rriott Representative Temecula Creek Inn Representative 9 kV', Print Name & Tile Print Name & Title f! fdi 1-e12nee-- &xr4IP.oq i lanieder. Print Name & Title \t\-fA' 4 T. pt\&1 - CiY Y— Print Name & Title 7.1 41!11. SFeial0th Gehefal HaAoJI Print Name & Title 1\iiri(itL Mit H!?& 7 /A -- - I Print Name & Title 1/im14 1 00.10 1. Print Name & Title C�Cts 7 1Clfrninowwh Print Name & Title CNutcoS .PALMA /46Z Print Name & Title /42 /%-) (A)Fir+'h YE.e to• Print Name & Title k1t=15rk ( Print Name & Title filer"k9r2Y U Print Name & Title sov, 2‘,.91c e-1 Print Name & Title 14 J )6 6ocdin Print Name & Title Print Name & Title 28690 mercedes st • suite a • temecula ca 92590 951.491.6085 888.363.2852 fax 951.491.6089 temeculacvb.com 02/22/2012 WED 12132 FAX 17142581130 Temecula Creel: Inn 1002/002 Feb, 22. 2012 9:11AM Temecula Valley CVB February 21, 2012 Petition for Continuation ofTVEDID for Fiscal Year 2012 —2013 As a representative of one of the fifteen TID Lodging establishments In the City of Temecula, I express my consent to the assessments and request approval of the assessments by the Temecula City Council. Best Western Country Inn Representive Embassy Suites Hotel Representative No. 0592 P. 2 ,w SOU7HERN CALIPORNIA WINE COUNTRY Convention and of Visitors Bureau 1`i Ps(2.y IN? 61-G f� � eN L MNI14; Print Name &Tyle Print Name & Title Extended Stay Re(esentative Print Name & Title Fairfield Mn & Suites Representative 5) 16 c"- L4 pz.. ee — 6) Hampton Inn &Suites Representative Print Name &Title ;041 41/A SFr/iota. Cene#al Marajo Print Name &Title Holiday Inn Express Representative Print Name & Title 7) d uime 1 Perk i. 6t•tY, . 8) 9) 10) 12) 13) 14) La QuInta Inn &Suites Representative Print Name &Title Motel 6 Representative Print Name & Title Palomar Inn Hotel Representative Print Name & Title Quality Inn Wine Country Representative Print Name&Title Ramada Inn Representative Print Name &Title Rancho California inn Representative Print Name & Title Rodeway Inn Representative Print Name &Title SpringHill Suites by Marriott Representative 15) Cs, 4 Print Name&Title ,y al rr •05/ lu %( Temecula Creek Inn Representative Print Name & Title 28690 mercedes st • suite a • tomacula ea 92590 951.4916085 008.363.2652 fax 951.4914089 temeculacyb.com Feb, 22, 2012 2:39PM Temecula Valley CVB February 21, 2012 Petition for Continuation of TVTRID for Fiscal Year 2012 — 2013 As a representative of one of the fifteen TIP Lodging establishments In the City of Temecula, ( express my consent to the assessments and request approval of the assessments by the Temecula City Council. Rest Wtern Courjtry Inn Represent 4) ve ErfibassySuites Hotel Representative Extended 51atcRq /esentnt Fairfield Inn & $tiltes Representative s) Y1 Hampton I n Stilti,verpres ntative 6) Holid y Inn Express Representative 7) 8) 9) 10) Le Quint Re'resentative /-al'- <• /. 16 Representative Palomar Inn Hotel QUa1Ity Inn'4VIno Country nepresmtrtetive 11) it -At' 22) 13) Ramada Inn Representative Rancho $9Hernia Inn Representative Rodeway Inn Repro entative 14)4kPi 1 .A 15) Sp ingHHHI Suites by reiott Representative Temecula Creek Inn Representative 28690 morcedes st • suite a • temecula co 92590 Z/2 d 6809 6617 656 « 17266 No. 0594 P. 2 ra SOUTNERN GAtIFORNIA WINECOUNYRY J Convention and 6" Visitors Bureau RR, Print Name & T le acrk rd. Print Name &Title Vacder s-&enierni -jahRiZtieerjaaaleg Print Name & Title tltlPrint Name & Title A.4Kin.t SfC?diaf+. (en .e,tIlig vet Print Name & TItle 614rtz Kirk rc)>w iA- Print Name & Title UIr-mt i Pct +e -k• (t\ Print Name & Title Print Name & Title Print Name & Title /C,cN WEFT mat V,ErM Print Name & Title Print Name & Title Print Name &Title X0 6 6,4 ed1 Print Name & Title 142/ctiI CacYl/f G-�.4 Print Name & Title Print Name & Title 951.491,6085 888.363.2852 ' Fax 951,491.6009 tomeculeevb,com elnoawal Xssegw3 617:20 22 -Z0 -260Z rep,'Li. ZVIZ 11,44A31 IeRIecuia valley vvu February 21, 2012 Petition for Continuation ofTVr91U for Meal Year 2012-2013 Asa representative of one of the fifteen TIP Lodging establishments in the City of Temecttla,1 express my content to the assessments and request approval of the assessments by Ithe I Temecula City Council, 1) Irl, Best Western COU 2) 3) 4) ry Inn Represent4ive Embassy Suites Hotel Representative Extended Fairfield Inn & Representative s) >� 04L pair - Hampton > Suite :pro y inn Express Representative 7) 9) 20) Palm Qua ity Inn Ine Country Repres' ve 11) fitly i 12) 18) 15) Ramada Inn RepresentatiVe Ranchoyllifornia Inn Representative RodewayInn Repro $pringtllil Suites byMott Representative Temecula Creek Inn Representative 26690 meteedes at • euite a • temecule C6 92590 NO. UM r, y ty sour.ERNCALIFORNA WINECOUNTRY QJ Convention and tY Visitors Bureau Print Name &Title Print Name & Title Pant Name & Title a (en4AI M4„a�ot• Print Name & Title ts➢! 'G*-,�J Print Name & Title' �--,� Vi•mt 1 Pa&¢l, 1ze ' Print Name & idle C/+21os T4L14A X160 Print Name & Title 14N Wrati'M VEL Print Name & Tide 1445 ttm Loal nla. Plitt Name & Title f0•tl�, S(Ag,r + QAI EL Print Name & Title Print Name & Title Print Name & Title Print Name & Tide 95)491.6095 888.643.2851 rex 451.401.6089 tomeeulaevb.aom COUNCIL BUSINESS Item No. 24 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: February 28, 2012 SUBJECT: Amendment to the Park and Recreation Area Use Policies (Chapter 12.04.250) PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEMECULA MUNICIPAL CODE BY AMENDING SECTIONS 12.04.250.A, 12.04.250.D, 12.04.250.1, 12.04.250.L, 12.04.250.M.1, 12.04.250.M.2, 12.04.250.N, AND 12.04.250.0. TO AUTHORIZE THE CITY MANAGER TO ESTABLISH REGULATIONS FOR THE ASSESSMENT OF RISK AND LIABILITY INSURANCE FOR RENTALS OF CITY PARKS AND FACILITIES AND TO CHANGE THE PERSON WITH AUTHORITY FOR CERTAIN PARK USE DECISIONS FROM DIRECTOR OF COMMUNITY SERVICES TO CITY MANAGER OR DESIGNEE SUMMARY OF ORDINANCE: The Temecula Municipal Code, Chapter 12.04 Park and Recreation Area Use Regulations, currently requires all users reserving a facility or park with 50 or more attendees to provide a certificate of liability insurance in the amount of one million dollars. The corresponding proposed ordinance will change three provisions: 1) the insurance requirement threshold from the number of attendees to the level of risk of the activity; 2) change the responsible staff position overseeing this Chapter; 3) authorize the City Manager to establish regulations for the assessment of risk and liability insurance for rentals. BACKGROUND: Chapter 12.04 of the Temecula Municipal Code entitled Park and Recreation Area Use Regulations was approved in 1993 to establish user fee groups used to determine fees and priority level for rental of facilities; general compliance guidelines used during inclement weather as well as liability insurance and food concessionaire requirements. Section 12.04.250.0.1 Liability Insurance: Currently, if an event user anticipates 50 or more participants, liability insurance in the amount of one million dollars is required. As a result, an informational meeting with 50 participants would require one million dollars in liability insurance while an informational meeting with 49 participants would be exempt from providing insurance. After reviewing this section with the City Risk Manager, City Attorney and City broker, and reviewing the best known practices, staff has determined that the level of risk, rather than the number of participants, shall be the determining factor as to the requirement of liability insurance. The proposed ordinance would change the liability insurance threshold from the number of participants to the level of risk of the rental's activity. Using the same example above, both informational meetings would now be exempted from providing liability insurance due to the negligible risk of this activity. The Risk Manager will use the Schedule of Hazard/Risk Classifications (Attachment 2), as a guideline for determination of each activity's risk. The schedule ranks activities into six (6) categories ranked from Low Minimum to Moderate High Hazards. This schedule is provided by the City's insurance underwriters and is based on loss experiences of each activity type. All activities listed in Hazard Level I.A will be exempt from liability insurance. All other activities will require liability insurance. Should the Risk Manager need assistance beyond the schedule, the City's Special Event Insurance Underwriters will be consulted. Based on staff review of past rentals under the amended ordinance, approximately 90% of future rentals will be classified in the Hazard Level I.A and will not require insurance. All renters who are required to obtain insurance will have an option to obtain the insurance from their own broker. However, as a service to the renter, the Risk Manager can offer insurance through the City. If the renter chooses to obtain insurance through the City, a $25.00 administrative fee shall be added to the price of the insurance to cover City staff costs. Section 12.04.250.0 Liability Insurance: This section replaces Sections 12.04.250.0.1; 12.04.250.0.2.a and 12.04.250.0.2.b. These sections provided specific amounts and types of insurance required, along with the insurance certificate specifications. In order to accommodate unforeseen changes to the City's organization and insurance industry standards, the City Manager will direct staff to prepare written regulations governing the insurance requirements. The regulations can be amended as needed to keep up with regulatory and City requirements. Section 2.04.250 Staff Position Oversight: Along the same philosophy above, the proposed ordinance will also change the staff position that oversees this chapter from the "Director of Community Services" to the "City Manager or designee". FISCAL IMPACT: insurance. ATTACHMENTS: No impact; the event holder pays all costs for providing liability 1. Proposed Ordinance Change Highlights 2. Schedule of Hazard/Risk Classifications 3. Proposed Ordinance ATTACHMENT 1 Proposed Ordinance Change Highlights 12.04.250 Use policies. A. "Reserved Use. Reserved use (defined as exclusive, permitted use for one or more occasions) of parks shall require obtaining a use permit in a form established by the director of Temecula community services ("district") the city manager or designee. The city council may establish use fees by resolution." D. "Sponsored Uses. Any city -sponsored or co-sponsored reserved use shall be deemed a use for city purposes, and shall be exempt from all fees, deposits and permit requirements. Such determination shall be made by the director city manager or designee." I. "Scheduling Priorities. Scheduling priorities shall be by user groups as indicated previously with Group I having precedence over II, Group II over III, etc. In the event of conflict, the director city manager or designee reserves the right to schedule any group. Scheduling of reserved uses will be carried out by the director or his/her city manager or designee in a fair and equitable manner, to serve the leisure and recreation needs of the citizens of the city." L. "Sales and Uses. User groups desiring to use park for fund-raising purposes shall be allowed to do so subject to generally applicable policies and fees. Food concessionaires and other uses which are determined by the director city manager or designee to be solely a commercial undertaking, and without educational, recreational or cultural benefit to the community, shall be selected pursuant to city public bidding procedures." M.1 'Inclement weather" is generally defined as weather which, in the judgment of the director city manager or designee, has left parks in a condition which, if the parks are used, presents a risk of damage to the parks or injury to users." M.2 "The director city manager or designee shall have the authority to deny use of all or any portion of a park to a user based on inclement weather. The director city manager or designee reserves the exclusive right to determine that a park use is precluded by inclement weather, and no refund of fees shall be made on grounds of bad weather or field condition unless the director city manager or designee makes such determination." N. "Denial of Facility Use. The director city manager or designee shall have the authority boced on cause to deny use of all or any portion of a park to any group or individual who has abused the privilege of park use as included in but not limited to violated the general policies a or rules governing the use of parks or otherwise conducted themselves, individually or as a group, in a manner adversely affecting the peace and enjoyment of the park by reasonable persons.." O. "All ucer groups conducting reserved sporting or special event activities that will attract fifty or more patrons (i.e., tournaments, clinics, fairs, festivals, concerts, performances, camps, etc.) will be required to provide the director with a certificate of insurance in the amount of one million dollars naming the city of Temecula and the Temecula community services district as additional insured." certificate of general liability insurance in the amount of one million dollars naming the city of Temecula, Temecula community services district -as additional insured which is subject to shall submit said insurance policy and original certificate to the city risk manager for review and approval." 0. The City Manager shall prepare and approve written regulations governing the insurance requirements for the use of parks. User Groups shall comply with the insurance requirements of these regulations as a condition of receiving a permit or approval to use a park pursuant to this chapter. The regulations may be updated as necessary and shall include the following provisions: 1. The user groups that are required to obtain insurance for their use of the park based on a schedule of hazardous/risk classification ; 2. The type of insurance policies required based on hazard/risk classifications for the proposed activities of the user group; 3. The amount of coverage required for such policies; 4. Special provisions governing the form of the policy; 5. Additional insure requirements for other City entities; 6. Documentation establishing confirmation of required coverages; 7. The deadline for a user group to provide confirmation of required insurance; 8. Such other provisions as are necessary or convenient to protect the City and its related entities and insure the efficient processing of the required insurance for the rental permit. ATTACHMENT 2 SCHEDULE OF HAZARD/RISK CLASSIFICATIONS HAZARD CLASS I.A.* (Low Minimum Hazard Risks) Antique Shows Art Festivals Art Shows Auctions Award Presentations Banquets/Dinners Bazaars Beauty Pageants Bingo Games Business Meetings Business Shows Charity Benefits, Auctions & Sales Cinemas Civic Clubs & Group Meetings Consumer Shows Conventions (In Buildings) Debutante Balls Educational Exhibitions Electronics Conventions Exhibitions (In Buildings) Expositions (In Buildings) Fashion Shows Flower Shows Garden Shows Graduations Instructional Classes (Non -Mechanical) Lectures Luncheons Meetings (Indoor) (Union Meetings are Class III) Motion Picture Theaters Pageants Parties Proms Quinceanera Reunions Seminars Social Gatherings (Indoor) Social Receptions Speaking Engagements Teleconferences Telethons Trade Shows (In Buildings) Vacation Shows Weddings & Receptions *IMPORTANT: 1) Insurance coverage will not be required for the above -listed events. However, an Insurance Premium and a Liquor Liability Premium must be charged to all above -listed events if Liquor is served or sold, regardless of hours of consumption. 2) All Interested Parties (Vendors, Concessionaires, Exhibitors, Sponsors, Promoters) shall provide a Certificate of Insurance meeting the requirements established by the City of Temecula, or purchase insurance through the City of Temecula's Special Event Insurance Broker. 3) Hazard/Risk Classifications are subject to change according to industry standards. Revised 1/31/2012 SCHEDULE OF HAZARD/RISK CLASSIFICATIONS HAZARD CLASS I.B. (Low Minimum Hazard Risks) Aerobic Classes Drill Team Exhibitions Auto Shows (No Automobile Coverage) Mobile Home Shows Ballets Organized Sight -Seeing Tours (No Automobile Coverage) Boat Shows RV Shows Craft Shows WaIk-A-Thon Revised 1/31/2012 SCHEDULE OF HAZARD/RISK CLASSIFICATIONS HAZARD CLASS 11 (Medium/Average Hazard Risks) Animal Training (On Leash) Block Parties/Street Closures (Excl. Beaches) Classical Music Concert Concerts (Not Rock, Rap or Heavy Metal or Mosh Pits) Dances (No Rap or Heavy Metal) Dance Shows Debut Dinner Theaters Dog Shows Exhibitions (Outdoor) Farmers Market Hotel Shows Ice Skating Shows (Non Professional) Jam & Jazz Sessions (Not Rock) Job Fairs Meetings (Outdoor) Musicals Night Club Shows Old Timers Events Opera/Operetta Parades (Under 500 Spectators) Picnic/BBQ (If Pools or Lakes, with Lifeguards) Plays Recitals Religious Assemblies Rummage Sales School Bands Seances Sidewalk Sales Social Gatherings (outdoor) Swap Meets Theatrical Road Shows Theatrical Stage Performances Trade Shows (Outdoor) Voter Registration Revised 1/31/2012 SCHEDULE OF HAZARD/RISK CLASSIFICATIONS HAZARD CLASS 111 (Moderate/Hazard/Increased Exposure Risks) Animal Acts or Shows/Livestock Shows Arcades Meetings (Outdoors) Carnivals (No Rides) Casino & Lounge Shows Concerts* Community Fairs Ethnic Celebrations Festivals Film Productions (Non -Action) Flea Market Heads of State Events Horse Shows Kiddielands (No Rides) Live Entertainment Promoters Picnics (If Pools or Lakes without Lifeguards) Political Rallies Scouting Jamborees State and Country Fair (No Rides) Street Fair Union Meetings Zoos *Rock Concerts require prior approval from the underwriter. Concerts with Mosh Pits are not covered. Rap and/or Heavy Metal or Rave concerts are not covered. Dances with Rap or Heavy Metal or Raves ar considered the same as concerts and are not covered. Concerts with the following exposures present special hazards that require prior approval. (1) (2) (3) (4) Attendance over 500 Outdoor Concerts without permanent lighting Concerts exceeding six hours in duration Concerts with armed security guards Pyrotechnics are excluded. Revised 1/31/2012 SCHEDULE OF HAZARD/RISK CLASSIFICATIONS HAZARD CLASS IV (Moderate -High Hazard/Increased Exposure Risks) Baseball Basketball Bicycle Races Bicycle Rallies Equestrian Events Gymnastics Junior Athletic Games Marathons (Walking, Running, etc.) Roller Skate/roller Blade Roller Hockey League (Youth Only) Running Race Ski Events Soap Box Derby Softball Sports Camps (Non Contact Sports Only) Sporting Events in Buildings (Non -Professional) (Non Contact Sports Only) Tennis, Handball & Racquetball Volleyball IMPORTANT: Refer to these sections before classifying events: "Ineligible Hazards or Activities" (section 14) and "Referring Events for Approval" (Section s) Note: (1) YOU MUST SUBMIT LONG FORM APPLICATION FOR PRIOR APPROVAL AND PREMIUM FOR ALL CLASS IV EVENTS. (2) Waivers and Release of Liability forms are required for all Class IV Events. See Waiver section of manual. (3) Contact sports such as Football, Hockey, Rugby, Boxing, Wrestling, Martial Arts can not be insured in this program. Pyrotechnics are excluded. For approval or questions, call (925) 609-6500 or Fax (925) 609-6550. 14-6 Sep Ed. 1/1/2012 SCHEDULE OF HAZARD/RISK CLASSIFICATIONS HAZARD CLASS V (Moderate -High Hazard/Increased Exposure Risks) Overnight Camps/Groups at Colleges or Universities Overnight Camping Overnight Events IMPORTANT: Refer to the following before classifying events: "Ineligible Hazards or Activities" (section 14) and "Referring Events for Approval" (Section 5) 14-7 Sop Ed. 1/1/2012 ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEMECULA MUNICIPAL CODE BY AMENDING SECTIONS 12.04.250.A, 12.04.250.D, 12.04.250.1, 12.04.250.L, 12.04.250.M.1, 12.04.250.M.2, 12.04.250.N, AND 12.04.250.0. TO AUTHORIZE THE CITY MANAGER TO ESTABLISH REGULATIONS FOR THE ASSESSMENT OF RISK AND LIABILITY INSURANCE FOR RENTALS OF CITY PARKS AND FACILITIES AND TO CHANGE THE PERSON WITH AUTHORITY FOR CERTAIN PARK USE DECISIONS FROM DIRECTOR OF COMMUNITY SERVICES TO CITY MANAGER OR DESIGNEE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Chapter 12.04.250.A as follows: 12.04.250.A Reserved Use Reserved use (defined as exclusive, permitted use for one or more occasions) of parks shall require obtaining a use permit in a form established by the city manager or designee. The city council may establish use fees by resolution. Section 2. The City Council of the City of Temecula hereby amends Chapter 12.04.250.D as follows: 12.04.250.D Sponsored Uses Any city -sponsored or co-sponsored reserved use shall be deemed a use for city purposes, and shall be exempt from all fees, deposits and permit requirements. Such determination shall be made by the city manager or designee. Section 3. The City Council of the City of Temecula hereby amends Chapter 12.04.250.1 as follows: 12.04.250.1 Scheduling Priorities Scheduling priorities shall be by user groups as indicated previously with Group I having precedence over 11, Group 11 over III, etc. In the event of conflict, the city manager or designee reserves the right to schedule any group. Scheduling of reserved uses will be carried out by the city manager or designee in a fair and equitable manner, to serve the leisure and recreation needs of the citizens of the city. Section 4. The City Council of the City of Temecula hereby amends Chapter 12.04.250.L as follows: 12.04.2601 Sales and Uses User groups desiring to use park for fund-raising purposes shall be allowed to do so subject to generally applicable policies and fees. Food concessionaires and other users which are determined by the city manager or designee to be solely a commercial undertaking, and without educational, recreational or cultural benefit to the community, shall be selected pursuant to city public bidding procedures. Section 5. The City Council of the City of Temecula hereby amends Chapter 12.04.250.M.1 as follows: 12.04.250.M.1 Inclement Weather "Inclement weather" is generally defined as weather which, in the judgment of the city manager or designee has left parks in a condition which, if the parks are used, presents a risk of damage to the parks or injury to users. Section 6. The City Council of the City of Temecula hereby amends Chapter 12.04.250.M.2 as follows: 12.04.250.M.2 Ability to Deny Use The city manager or designee shall have the authority to deny use of all or any portion of a park to a user based on inclement weather. The city manager or designee reserves the exclusive right to determine that a park use is precluded by inclement weather, and no refund of fees shall be made on the grounds of bad weather or field condition unless the city manager or designee makes such determination. Section 7. The City Council of the City of Temecula hereby amends Chapter 12.04.250.N as follows: 12.04.260.N Denial of Facility Use The city manager or designee shall have the authority to deny use of all or any portion of a park to any group or individual who has violated the general policies or rules governing the use of parks or otherwise conducted themselves, individually or as a group, in a manner adversely affecting the peace and enjoyment of the park by reasonable persons. Section 8. The City Council of the City of Temecula hereby amends Chapter 12.04.250.0 as follows: 12.04.250.0. Liability Insurance The City Manager shall prepare and approve written regulations governing the insurance requirements for the use of parks. User Groups shall comply with the insurance requirements of these regulations as a condition of receiving a permit or approval to use a park pursuant to this chapter. The regulations may be updated as necessary and shall include the following provisions: 1. The user groups that are required to obtain insurance for their use of the park based on a schedule of hazardous/risk classifications; 2. The type of insurance policies required based on hazard/risk classifications for the proposed activities of the user group; 3. The amount of coverage required for such policies; 4. Special provisions governing the form of the policy; 5. Additional insure requirements for other City entities; 6. Documentation establishing confirmation of required coverages; 7. The deadline for a user groups to provide confirmation of required insurance; and 8. Such other provisions as are necessary or convenient to protect the City and its related entities and provide for the efficient processing of the required insurance for the rental permit. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of March, 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 28th day of February, 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 13th day of March, 2012, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk DEPARTMENTAL REPORTS Item No. 25 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Development DATE: February 28, 2012 SUBJECT: January Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of January, 2012. CURRENT PLANNING ACTIVITIES New Cases The Division received 47 new applications for administrative, other minor cases, and home occupations including 4 applications for public hearings during the month of January. Special Protects & Long Range Planning Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: • Temecula Regional Hospital— This project was approved by the City Council on January 22, 2008. On December 30, 2009 the applicant submitted an application for a one year extension of time and Council approved this extension on January 26, 2010, extending the approval until January 22, 2011. The applicant submitted a Major Modification application on June 18, 2010, to reduce the number of hospital beds in the first phase from 178 beds to 140 beds and to change the construction of the building from concrete to framed construction. The Planning Commission recommended that the City Council approve the Major Modification application on December 15, 2010 and City Council approved the Modification application on February 8, 2011. A grading permit was issued for rough grading operations on June 8, 2011. Clearing and grubbing operations began on June 9, 2011, cut/fill operations began on June 21, 2011, and import operations began on June 30, 2011 and have been completed. The applicant obtained their 401 Permit from the Regional Water Quality Control Board on September 26, 2011, their 404 Permit from Army Corps on September 30, 2011, and clearance from the California Department of Fish and Game on August 1, 2011. With these permits the applicant was able to complete the mass grading of the entire site. Precise grading for the first hospital tower pad is completed. UHS obtained foundation plan approval from OSHPD for the first hospital bed tower on October 18, 2011, and construction of the building footings and pilings has begun. Vertical construction (erection of structural steel) for the first hospital bed tower began on February 13, 2012. (FISK) • The Green House Gas (GHG) Emissions Inventory— The Green TAC selected 2007 as the base year for GHG emissions inventory analysis. Two inventories were prepared: 1) a municipal operations inventory and, 2) a communitywide inventory. The next steps are to select a target emission reduction and identify implementation measures that will achieve the selected target. The Green TAC established a test target of 15 percent below the 2007 base year. Work on the emissions inventory is anticipated to begin again with the assistance of the Western Riverside Energy Leadership Partnership. The City entered into the Partnership in 2010. The Partnership provides performance-based SCE's programs and incentives for participating cities to demonstrate energy efficiency leadership within their communities through energy saving actions, including retrofitting and implementing measures at municipal facilities, GHG emissions analysis, energy action plans, as well as providing opportunities for the community to take action in their homes and businesses. Work on the GHG emissions analysis is anticipated to being in the first quarter of 2012. (WEST) • Residential Energy Efficiency Loan Program — The Residential Energy Efficiency Loan Program makes low interest loans available to low and moderate income homeowners to make energy efficient improvements to their homes. The Program allows for specific types of energy efficiency improvements based on the year of construction, which coincides with the changes to Energy Codes of the California Building Standards. The Residential Energy Efficiency Program will work in conjunction with the Redevelopment Agency Residential Improvement Program, which offers forgivable loans for qualifying interior and exterior home improvements. The program was approved by the City Council on September 14, 2010 and staff began accepting applications on January 1, 2011. The three applications that were being reviewed were determined to be ineligible for funding. Currently, there are no applications pending. (WESTIWEAVER) • Liberty Quarry— On August 31, 2011, and after 6 lengthy meetings, the County of Riverside Planning Commission denied Granite Construction's Liberty Quarry proposal for a Surface Mining Permit, Change of Zone, and Noise Ordinance Exception and did not certify the El R. The project is a 75 -year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, truck scales, and truck and equipment parking areas within a 414 acre -site located adjacent to the City's southern boundary within the County of Riverside. The City, the Pechanga Band of Luiseno Indians and SDSU continue to collaborate in common efforts to oppose Liberty Quarry. Granite Construction submitted an appeal to override the County Planning Commission's denial and, on appeal by Granite Construction, the County Board of Supervisors conducted two lengthy hearings on January 30, 2012 and February 6, 2012. Elected Officials including the Mayor and Council from the City of Temecula as well as Pechanga and other Indian Tribal Chairs and Council spoke on January 30, 2012. Supporting and opposing testimony continued thereafter including the City of Temecula's technical experts. Two additional hearing dates were held on February 14, 2012 and February 16, 2012. At the February 16 meeting, the Board of Supervisors voted 3-2 to deny the appeal and uphold the Planning Commission's denial of the project.. (JOHNSON/RICHARDSON/LOWREY) • Jefferson Avenue StudyArea Visioning and Public Outreach —On January 11, 2011 the City Council established the Jefferson Avenue Ad Hoc Subcommittee comprised of Mayor Ron Roberts and Council Member Jeff Comerchero. On July 25, 2011 staff met with the Jefferson Avenue Ad Hoc Subcommittee to discuss the status of the Jefferson Avenue Planning effort and the status of the SCAG Compass Blueprint Demonstration Project Grant which was awarded to assist the city with the public outreach and visioning process. Through SCAG's RFP process, MIG, Inc. was selected as the planning and public outreach consultant. This firm is tasked with conducting a total of five Jefferson Avenue Study Area Visioning Workshops over 9 months. These workshops are intended to solicit community input and feedback which will be developed into a community-based vision for the future. The community-based vision would set the foundation for a future specific plan which would guide the future revitalization of this area over the next 15-30 years. At the conclusion of the July 25, 2011 subcommittee meeting, the subcommittee members authorized staff to move forward with the public outreach and visioning effort for the Jefferson Avenue StudyArea. In preparation for the first Visioning Workshop, staff met with Mayor Roberts on September 26, 2011 and with Council Member Comerchero on September 28, 2011 to discuss the following items: 1) Draft layout/content of project website; 2) proposed marketing/branding effort for visioning process; 3) stakeholder interview process; 4) agenda for Visioning Workshop # 1; and, 5) the press release strategy. Additionally, as part of MI G's scope of work, stakeholder interviews were conducted with a number of stakeholders and community members. The first Jefferson Avenue Study Area Visioning Workshop was held in the Conference Center at the Temecula Civic Center on October 18, 2011. The meeting agenda included a presentation from planning staff discussing the project purpose and overview, existing conditions, project background, followed by an interactive and livelyfacilitated discussion by MIG to solicit the stakeholder's ideas for the future vision of the area, the future opportunities for the area and potential challenges that may need to be overcome. Over 50 stakeholders attended this first visioning workshop. The second Jefferson Avenue Visioning Workshop was held on December 6, 2011. The project website: www.envisionjefferson.org was also launched on December 6, 2011. The second workshop discussed urban design and placemaking strategies for the study area. This meeting included a presentation on urban design principles and placemaking strategies. Over 40 stakeholders attended this second visioning workshop and provided their ideas and feedback. The third visioning workshop was held on February 2, 2012. This workshop presented two different approaches to identifying potential districts within the study area: 1). land use approach, and 2) physical form and character approach. The workshop format was interactive, with MIG soliciting stakeholder feedback on the strengths and weaknesses of the conceptual district concepts presented, alternative district considerations, and additional ideas/areas for further study, consideration or discussion.(RICHARDSONNVATSON/INNESNVEST/KITZEROW) • SCAG 2012 Regional Transportation Plan — The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. The RTP includes a Sustainable Communities Strategy (SCS), which is a new component to the RTP as a result of the passage of SB 375. Staff has provided land use, employment and population data to SCAG and the County of Riverside Center for Demographic Research to establish Base Year Conditions and General Plan Based Growth Forecast/Distribution and land use for years 2020 and 2035. The Regional Transportation Plan, including the SCS, is scheduled to be adopted by SCAG by November 2012. (WEST) • Caltrans Community Based Transportation Planning Grant — The City of Temecula was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant. This grant will fund a multi -jurisdictional transportation corridor planning effort for the Highway 395 Corridor for the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. The City of Temecula is the lead agency and primary recipient of the grant funding. WRCOG is a sub -recipient for the purposes of administering the grant. The City of Murrieta, City of Wildomar and City of Lake Elsinore are grant participants. The Highway 395 Corridor is a 16 -mile central north/south arterial that parallels the west side of Interstate 15. The planning effort will promote public engagement, livable communities, and will address mobility, access and safety along the Highway 395 Corridor. As a part of this effort, the City of Temecula will analyze affordable housing opportunities, and the opportunities and impacts of increased intensity and density, mixed-use development and impacts and opportunities related to the transportation network. The final product emerging as a result of this grant will be a "Multi -Jurisdictional Corridor Plan for the Highway 395 Corridor" which is a 20 -year transportation plan for the Corridor. The Caltrans Community Based Transportation Planning grant is anticipated to complement the ULI Technical Advisory Panel study completed for the Jefferson Avenue which focuses on future land use and transportation planning efforts related to the high speed rail alignment through the City of Temecula. The City Council approved the contract with Fehr and Peers on August 9, 2011. The project kick-off meeting with the consults and City staff was held on August 16, 2011. The community outreach and engagement effort of this project is being coordinated through the SCAG Compass Blueprint Demonstration Project in conjunction with the Jefferson Avenue Study Area. A project website will serve as the hub for information accessed by staff and the general public (http://www.highway395corridorstudy.orq). The next two workshops will focus on multi -modal transportation, housing and economic development. The workshops will cover the same information but will be held at two different locations along the corridor. The first workshop will be held on March 15, 2012 at the City of Temecula Conference Center at 6:00 P.M. The second workshop will be held at the City of Wildomar City Council Chambers on March 22, 2012 at 6:00 P.M. The Historic Highway 395 Corridor project will be completed by February 2013. (WEST/INNES) • SCAG Compass Blueprint Demonstration Project Grant for the Historic Highway 395 Corridor and Jefferson Avenue Study Area Visioning and Public Outreach Process — The City of Temecula was awarded a Compass Blueprint Demonstration Project grant by SCAG in February 2011 to provide visioning and public outreach assistance for the Caltrans Community Based Transportation Planning Grant funded by Caltrans, and to provide visioning and public outreach assistance with the Jefferson Avenue Study Area. The objective of the grant is to establish a vision for the future of the Jefferson Avenue Study Area through public outreach and an extensive visioning process. The visioning process is intended to promote SCAG's four key principles of livability, mobility, sustainability and prosperity and also focus on achieving the goals of SB 375. The future Jefferson Corridor Specific Plan area is intended to become a mixed-use, transit -oriented corridor designed to support the feasibility of the future High Speed Rail station that is slated to be located north of the specific plan area in the City of Murrieta, and the planned Cherry Street Transit Station located on the boundaries of the City of Murrieta and Temecula. The public outreach efforts will include visioning workshops and a website dedicated to the visioning and public outreach process. MIG was the consulting firm selected as a result of the interview process. MIG is under contract with SCAG and will provide professional planning consulting work for the public outreach effort for the both the Jefferson Avenue Study Area Visioning Process and the Caltrans Community Based Transportation Planning Grant. (WEST/INNES) • Development Code Amendment to address concerns with off -sale alcohol sales for businesses that require a Conditional Use Permit — On May 24, 2011 the City Council adopted an Interim Urgency Ordinance establishing a 45 -day moratorium on the issuance/approval of Conditional Use Permits for off -sale alcohol businesses (i.e. Convenience Markets and Liquor Stores). On June 28, 2011 the City Council adopted an extension to the Interim Urgency Ordinance to extend the moratorium until May 13, 2012. This extension would provide staff adequate time to prepare studies as may be required to determine the appropriate locations in the City for Off -Sale Alcohol CUP businesses and to determine whether additional regulations should be imposed upon these businesses or whether these businesses should be prohibited in certain areas of the City. Since adoption of the moratorium ordinance on May 24, 2011, Staff has been studying potential provisions for the City's Zoning Ordinance that would mitigate the detrimental impacts on public peace, health and safety expressed in the moratorium ordinance, including review of ordinances from other cities addressing these issues. In addition, staff will determine if additional regulations should be imposed upon Off Sale Alcohol CUP Businesses to reduce their detrimental impacts on public peace, health and safety and report these findings to the City Council at a public hearing. The Planning Commission reviewed and recommended approval of the draft ordinance on February 1, 2012, and the draft ordinance is scheduled for public hearing before the City Council on February 28, 2012. (KITZEROW) • Consolidated Plan for Community Development Block Grant (CDBG) funds — On June 14, 2011, the City Council adopted a resolution to request that the U.S. Department of Housing and Urban Development (HUD) designate the City of Temecula as an Entitlement City. On November 1, 2011, the City Council adopted a Citizen Participation Plan (CPP) that set forth the City's policies and procedures for citizen participation in the development of its Five-year Consolidated Plan for the Community Development Block Grant (CDBG) program. Staff held two community workshops on November 16, 2011, and one technical workshop on November 17, 2011. The workshops along with an online survey were used to broaden participation and collect public input on the Plan. Staff, in collaboration with the City's consultant, BBC, and HUD representatives, has been writing the Consolidated Plan over the last several months. The draft Consolidated Plan and Fiscal Year 2012/2013 project and service funding recommendations are scheduled to be reviewed by the Finance Committee on February 28, 2012. The draft Five-year Consolidated Plan is scheduled to be released for public review and comment on March 1, 2012, and adopted by the City Council on April 10, 2012. (WEAVER) Planning Agenda Report 1/1/2012 through 1/31/2012 • PA11-0270 Recently Approved Fishmonger Minor CUP APN # 961410029 ERIC JONES A Minor Conditional Use Permit to allow a new restaurant to obtain a Type 47 ABC license and provide live entertainment located at 31045 Temecula Parkway Suite 104 (APN: 961-410-029). Submitted Date Approved Date Oct 24 2011 Jan 18 2012 • PA11-0271 Mama Stephs Childcare APN # 955473007 STUART FISK A CUP to expand a small licensed family childcare to a large family childcare to operate Monday through Friday between the hours of 5 a.m. and 5:30 p.m. located at 32742 Campo Drive. (APN: 955-473-007) Submitted Date Approved Date Oct 26 2011 Jan 12 2012 • PA11-0297 Inclement Weather Shelter TUP APN # 910281001 A Major Temporary Use Permit for an Inclement Weather Shelter to be operated 1, 2011 through February 29, 2012 at Mountain View Community Church, 26201 operation are from 4:30 p.m. to 7:30 a.m. daily. STUART FISK by Project Touch from December Ynez Road, Ste 104. Hours of Submitted Date Approved Date Dec 2 2011 Jan 18 2012 • PA11-0302 Harveston Barrington Models2 APN # 916410004 CHERYL KITZEROW A Model Home Complex for Harveston's Barrington neighborhood to include the recently approved new architecture. Model Complex includes Lots 2-4 of Tract 32437. Lot 2 is an existing Model Home, Lot 3 is an existing parking lot for the existing Models (both approved under PA10-0088), and Lot 4 is the new model home to be constructed. Minor revisions to the existing improvements are proposed. The Barrington neighborhood is generally located at the northeast corner of Date Street and Ynez Road. Submitted Date Approved Date Dec 16 2011 Jan 5 2012 • PA12-0001 Maravilla Sales Trailer TUP TR23992B59L01 CHERYL KITZEROW A Temporary Use Permit for a Temporary Sales Trailer on Lot 2 of Tract 23992 (Maravilla at Rancho Highlands - PA10-0326) and associated parking/fencing. The sales trailer will be 12x44' with an ADA ramp and internal restroom facility. Parking spaces and streets adjacent to trailer are existing. No landscaping is proposed. Trailer will be on-site from January to March and will be removed once Model Home Complex (PA11-0031) is complete. Maravilla is generally located at Tierra Vista Road and Ynez Road. Submitted Date Approved Date Jan 3 2012 Jan 18 2012 • PA11-0212 5 & Diner Remodel APN # 910320037 STUART FISK A Major Modification to the facade of the existing building (formerly 5 & Diner) and addition of a 500 square foot patio for outdoor dining at the front of the building located at 26460 Ynez Road. 1 of 5 Planning Agenda Report 1/1/2012 through 1/31/2012 2 of 5 Submitted Date Approved Date Aug 8 2011 Jan 18 2012 2 of 5 Planning Agenda Report 1/1/2012 through 1/31/2012 • PA11-0238 Scheduled for Hearing APN # De Portola Medical Offices TPM 959050011 CHERYL KITZEROW A Tentative Parcel Map to subdivide a 2.76 acre parcel into three parcels for future medical office buildings, located at the southwest corner of De Portola and Margarita Road. Submitted Date Anticipated DRC Meeting Date Planning Commision Sep 1 2011 9/29/2011 Feb 15 2012 3 of 5 Planning Agenda Report 1/1/2012 through 1/31/2012 3. • PA11-0275 New'Submittals Bella Linda DP Pending DRC Meeting APN# 961450012 ERIC JONES A Development Plan Application for a two phase residential project. Phase 1 will consist of 325 multi -family apartment units. Phase 2 will consist of 49 single family cluster units (senior units). The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs: 961-450-012, 013, 003) (Related Applications: PA11-0276, 0277). Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA11.0276 Bella GPA, ZoneChange, PDO APN # 961450012 ERIC JONES A General Plan Amendment, Zone Change, and Planned Development Overlay (PDO) Application for a two phased residential project. Both the General Plan and Zoning designations are currently Professional Office (PO). The application proposes to create a Medium Density Residential section (Courtyard Housing) and a High Density Residential Section (Apartments). The PDO will provide architectural and landscape design guidelines. The project is located on the northeast corner of Pechanga Parkway and Loma Linda Road and totals 25.56 acres (APNs: 961- 450-012, 013, 003) (Related Applications: PA11-0275 and PA11-0277) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA11-0277 Bella Linda TTM APN # 961450012 ERIC JONES A Tentative Tract Map Application to create 54 separate residential lots from 3 existing lots. Four additional lots will also be created: Lots A - C will contain the public right-of-way through the center lines of Pechanga Parkway and Loma Linda Road, and Lot D will consist of a private road. The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs: 961-450-012, 013, 003) (Related Applications: PA11-0276 & PA11-0275) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA11-0281 American Life TPM APN # 909370006 ERIC JONES A Tentative Parcel Map (Waived Final Map) Application to subdivide one partially developed lot (18.79 acres) into two lots. The project is located at 42000 Zevo Drive (APN: 909-370-006) Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 3 2011 TBD • PA12-0007 Great Oak 5k Run Special Event 962020009 DAWN ADAMIAK A 5k run fund raiser for the Great Oak High School band in the vicinity of Great Oak High School. No formal street closures required. Sunday, March 18th 6:30am-11am Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 11 2012 TBD • PA12-0009 Aftershock Minor CUP 4 of 5 922093003 ERIC JONES Planning Agenda Report 1/1/2012 through 1/31/2012 A Minor Conditional Use Permit to allow Aftershock Brewing Co. to operate a brewery totaling 1,467 square feet, including 214 square feet to be used as a tasting room. The project is located at 28822 Old Town Front Street (APN: 922-093-003) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 13 2012 TBD • PA12.0012 Bob & Gary's Berries TUP APN 921700016 ERIC JONES A Major Temporary Use Permit to allow a strawberry stand to be placed within the Palomar Village shopping center located at 42225 Margarita Road (APN: 921-700-016) from March 1, 2012 thru June 30, 2012 from 9 a.m. to dusk, 7 days per week. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 17 2012 TBD APN • PA12-0014 Killarney's 2012 St. Patty TUP 960020059 MATTHEW PETERS A Major Temporary Use Permit for Killarney's Restaurant and Irish Pub St. Patrick's Day Celebration to be held in the parking lot of 32475 Temecula Parkway Suite G10 scheduled from 9 a.m. to 2 a.m. March 17-18, 2012 with live entertainment (amplified), alcohol (two beer trailers), food and vendors. Estimated total attendance is 1,200 people. Approximately 45 parking spaces will be eliminated during the event. Proposed flood lighting, stage, generator, 20'x60' canopy and 13 10'x10' canopies. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 20 2012 TBD APN # • PA12.0015 Promenade Carnival Major TUP 910420005 ERIC JONES A Major Temporary Use Permit to allow a carnival within the Promenade Mall in the Macy's vacant parking lot from Feb. 23 through Feb. 26, 2012. Event times are from 5 p.m. to 10 p.m. Thursday, 5 p.m. to 11 p.m. Friday, 1 p.m. to 11 p.m. Saturday, and 1 p.m. to 10 p.m. Sunday. The project is located at 40820 Winchester Road (APN: 910 -420 - Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 20 2012 TBD • PA11-0226 Neighbor Health Major Mod A Major Modification Application to allow for a 3,771 square foot addition to an existing structure located at 41840 Enterprise Circle North (APN: 909-282 006) 909282006 ERIC JONES Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 22 2011 TBD 5 of 5 • )14* • OtA, dir IMS *S\ *v Pooft'W '‘OP --Eanium 4, %Iry 6 Moo • it pftvang.utov famIMMIlip *IIIIIIVINIwW44 rtaLEM.41 APO 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 26 Approvals City Attorney Director of Finance N City Manager ( A CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Robert C. Johnson, City Manager DATE: February 28, 2012 SUBJECT: City Council Travel/Conference Report - January 2012 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On January 4, 2012 Mayor Ron Roberts traveled to Los Angeles, California to attend the Southern California Association of Governments Executive/Administration Committee and Regional Council, Meetings. Attachment: Meeting Agenda EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA JANUARY 5, 2012 The Executive/Administration Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Pam O'Connor, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS EXECUTIVE DIRECTOR'S REPORT (Hasan lkhrata, Executive Director) CONSENT CALENDAR Page No. Approval Items 1. Minutes of the November 3 2011 Meeting 2. Minutes of the November 14, 2011 Meeting 3. SCAG Sponsorship of Annual Events and Membership: 1. 2011-2012 Coalition for America's Gateways and Trade Corridors ($6,500); 2. The Southern California Leadership Council ($20,000); 3. Building Industry Association of Southern California Annual Installation & Awards Night ($1,000)• 4. ULT Orange County/Inland Empire Retrofitting TOD in Suburbia: Solutions for Orange County & Inland Empire ($250)• and 5. West Coast Corridor Coalition ($500) 4. Proposed Memorandum of Understanding (MOU) between Southern California Association of Governments (SCAG) and the Center for Demographic Research (CDR) at California State University Fullerton 5. Proposed Memorandum of lJnderstanding (MOU) Between the Southern California Association of Governments (SCAG) and the Daegu-Gyeongbuk Development Institute (DGI) SN,4 SOUTHERN CAL IFORN1A ASSOCIATION of GOVERNMENTS Attachment Attachment Attachment Attachment Attachment 1 6 8 10 29 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA JANUARY 5, 2012 Page No. 6. Public Buses: Triple Bicycle Racks Legislation Attachment 33 7. Extension of iPaq' Pilot Program/Paperless Agendas to Full Regional Attachment 35 Council Receive and File 8. Contracts/Purchase Orders and/or Amendments Between $5 000 - $200.000 Attachment 37 ACTION ITEMS 9. SCAG Recognition of the San Fernando Valley Council of Attachment 56 Governments (COG) Subregion (Hasan Ikhrata, Executive Director) Recommended Action: Recognize the San Fernando Valley COG as a new SCAG Subregion. 10. Amendments $75 000 or Greater: Contract No. 10-026-C1 Alternative Attachment 58 Analysis of the Pacific Electric Right -of -Way / West Santa Ana Branch Corridor Recommended Action: Approve Amendment No. 7 to Contract No. 10-026-0 with AECOM, Inc., in an amount not -to -exceed $50,000. CFO MONTHLY FINANCIAL REPORT (Wayne Moore, Chief Financial Officer) Attachment 61 FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such a request. ANNOUNCEMENTS ADJOURNMENT The next regular meeting of the Executive/Administration Committee will be held on Thursday, February 2, 2012 at the SCAG Los Angeles Office. tw SOUTHERN CAIJF°APiiA ASSOCIATION of GOVERNMENTS ii REGIONAL COUNCIL AGENDA JANUARY 5, 2012 The Regional Council may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Pam O'Connor, President) PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS PRESIDENT'S REPORT Page No. 1. New Members 2. New Committee Appointments EXECUTIVE DIRECTOR'S REPORT (Hasan lkhrata, Executive Director) 3. Meeting with Governor Edmund G. Brown, Jr. 4. California Air Resources Board (ARB) Meeting - February 23, 2012 5. Update Regarding Draft 2012 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) HIGH-SPEED RAIL AUTHORITY (HSRA) PRESENTATION (Presentation by Mr. Dan Richard, HSRA Board Member) 6. California High Speed Rail Authority (CHSRA) Business Plan Attachment 1 Presentation. Authorize SCAG Executive Director to Submit Public Comment Letter Regarding the Draft Business Plan; and Discuss Draft Memorandum of Understanding (MOU) with CHSRA and Southern California Transportation Agencies Recommended Action: 1. Receive presentation from CHSRA Board Member Dan Richard; 2. Authorize Executive Director to submit public comment letter to CHSRA regarding the Draft Business Plan (Attachment 1); and 3. Review and discuss the draft MOU with CHSRA and Southern California Transportation Agencies (Attachment 2 - To Be Distributed Under Separate Cover). B1 SOUT UERN CAU FORK to ASSOCIATION of GOVERNMENTS 1 REGIONAL COUNCIL AGENDA JANUARY 5, 2012 COMMITTEE REPORTS/ACTION ITEMS Page No. Executive/Administration Committee (EAC) Report (Hon. Pam O'Connor, Chair) 7. SCAG Recognition of the San Fernando Valley Council of Governments Attachment 6 (COG) Subregion Recommended Action: Recognize the San Fernando Valley COG as a new SCAG Subregion. 8. Audit Committee Charter Amendment Attachment 8 Recommended Action: Recommend approval of amendment to the Audit Committee Charter. 9. Proposed Memorandum of Understanding (MOU) between the Southern Attachment 12 California Association of Governments (SCAG) and the Center for Demographic Research (CDR) at California State University, Fullerton (CSUF) Recommended Action: Approve the MOU between SCAG and the CDR at CSUF to promote joint research and exchange technical information, and authorize the SCAG Executive Director or his designee to execute the MOU. 10. Proposed Memorandum of Understanding (MOU) Between the Southern Attachment 31 California Association of Governments (SCAG) and the Daegu- Gyeongbuk Development Institute (DGI) Recommended Action: Approve the MOU between SCAG and DGl to promote joint research and exchange technical information and authorize the SCAG Executive Director or his designee to execute the MOU. Community, Economic and Human Development Committee (CEHD) Report (Hon. Bill Jahn, Chair) Regional Housing Needs Assessment (RHNA) Subcommittee Report (Hon. Bill Jahn, Chair) Energy and Environment Committee (EEC) Report (Hon. Margaret Clark, Chair) Transportation Committee (TC) Report (Hon. Paul Glaab, Chair) Legislative/Communications and Membership Committee (LCMC) Report (Hon. Judy Mitchell, Chair) .1i+ ,OL1tI'. f2N CA If (1h fJ lf. ASSOCIATION of GOVERNMENTS 11 REGIONAL COUNCIL AGENDA JANUARY 5, 2012 COMMITTEE REPORTS/ACTION ITEMS - continued 11. Public Buses: Triple Bicycle Racks Legislation Recommended Action: The Legislative/Communications and Membership Committee (LCMC) met on December 20, 2011 and recommended approval of the staff recommendation to work with regional transportation partners to propose legislation that would permissively allow SCAG regional transportation commissions and/or transit providers within the respective counties to install triple bicycle racks on public buses. 12. SCAG Proposed Draft Public Participation Plan Amendment No. 3 Recommended Action: Adopt Public Participation Plan Amendment No. 3. CONSENT CALENDAR Approval Items 13. Minutes of the November 3, 2011 Meeting 14. Minutes of the December 1, 2011 Meeting 15. SCAG Sponsorship of Annual Events and Membership: 1.2011-2012 Coalition for America's Gateways and Trade Corridors ($6,500); 2. The Southern California Leadership Council ($20 000)• 3. Building Industry Association of Southern California Annual Installation & Awards Night ($1 000)• 4. ULI Orange County/Inland Empire Retrofitting TOD in Suburbia: Solutions for Orange County & Inland Empire ($250); and 5. West Coast Corridor Coalition ($500) 16. Amendments $75 000 or Greater: Contract No. 10-026-C1, Alternative Analysis of the Pacific Electric Right -of -Way (PE ROW) / West Santa Ana Branch Corridor 17. Extension of iPacr Pilot Program/Paperless Agendas to Full Regional Council Receive & File 18. Contracts/Purchase Orders and/or Amendments Between $5 000 - $200,000 19. December 2011 State and Federal Legislative Update SOU1 -li W CALTFORNiA AS IATION Of GOVERNMENTS 1P! Page No. Attachment 35 Attachment 37 Attachment Attachment Attachment 52 57 61 Attachment 63 Attachment 66 Attachment 68 Attachment 87 REGIONAL COUNCIL AGENDA JANUARY 552012 INFORMATION ITEMS Page No. 20. Draft2012-2035 Regional Transportation Plan/Sustainable Communities Attachment 91 Strategy (RTP/SCS) and Program Environmental impact Report (PEIR) Process—Next Steps 21. FY 2010/11 External Financial Audit Attachment 94 22. CFO Monthly Report Attachment 95 REPORT FROM LEGAL COUNSEL 23. California Redevelopment Association et al. v. Ana Matosantos et al (Case No. S194861) FUTURE AGENDA ITEM(S) ADJOURNMENT The next regular meeting of the Regional Council will be held on Thursday, February 2, 2012 at the SCAG Los Angeles Office. SOUT R E Rfl CIL if ORN 1A ASSOCIATION O(GOVERNMENTS lV Item No. 27 Approvals City Attorney f� 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: February 28, 2012 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of January 2012. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Supervis. DATE: February 6, 2011 SUBJECT: Monthly Activity Report - January, 2012 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of January, 2012: I. SIGNS A. Total signs replaced 27 B. Total signs installed 0 C. Total signs repaired 74 D. Banners Replaced 94 E. Christmas Wreaths 48 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS 119 A. Total square feet of A. C. repairs 4,287 B. Total Tons 91 IV. CATCH BASINS A. Total catch basins cleaned 129 B. Down Spouts 0 C. Under sidewalks 0 D. Bowls 14 E. Channels 1 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 0 VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 244 New and repainted legends B. 0 L.F. of new and repainted red curb and striping C. 0 Bull Nose D. 0 Thermal Plastic E. 0 RPMs Installed 117 4.847 R:\MAINTAINIMOACTRPT Also, City Maintenance staff responded to 51 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 47 service order requests for the month of December, 2011. The Maintenance Crew has also put in 55.5 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of January, 2012 was $64,192.00 compared to $15 308.00 for the month of December, 2011. Account No. 5402 S 64,192.00 Account No. 5401 S - 0 - Account No. 999-5402 $ - 0 - Electronic Copies: Amer Attar, Principal Engineer Mayra De La Torre, Senior Engineer Jerry Gonzalez, Associate Engineer Capital Improvements Land Development Traffic Division R:AMAINTAIN\MOACTRPT $Ec DEPARTMENT OF PUBLIC WORKS MAINTENANCE WORK COMPLETED FISCAL YEAR 2011 - 2012 Date Submitted: Submitted By: Prepared By: 07 -Feb -12 GREG BUTLER RODNEY TIDWELL CONTRACTORS JANUARY FEBRUARY MARCH APRIL MAY JUNE 2ND HALF TOTALS YEAR-TO-DATE Asphalt Square Feet 0 0 0 Concrete Square Feet 0 0 0 Drainage Channels 0 0 0 TOTAL COSTS $0.00 $0.00 $104,946.00 CONTRACT STRIPING Striping Linear Feet 0 0 0 Sandblasting Linear Feet 0 0 0 TOTAL COSTS $0.00 $0.00 $0.00 TREE CONTRACTORS Trees Trimmed 611 611 611 Trees Removed 6 6 6 TOTAL COSTS $32,102.00 $32,102.00 $32,102.00 R.O.W. SPRAYING 0 Square Feet 520,000 520,000 520,000 TOTAL COSTS $28,725.00 $28,725.00 $41,708.00 CITY MAINTENANCE CREW Banners 94 94 673 Signs Replaced 27 27 471 Signs Installed 0 0 954 Signs Repaired 74 74 654 Catch Basins Cleaned 143 143 1,483 Trees Trimmed 119 119 737 R.O.W. Weed Abatement 0 0 45,660 New & Repainted Legends 244 244 2,032 After Hours Call Outs 56 56 817 Service Order Requests 51 51 399 Graffiti Removal - Sq Ft 4,847 4,847 26,480 TOTAL COSTS $25,858.34 $25,858.34 $ 510,786.20 RNWNTMIMIOACRPVA4 WT. WCRK COMPLETED 1LJi. TOJUNE DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE FISCAL YEAR 2011 - 2012 3rd QUARTER Date Submitted: Submitted By: Prepared By: February 7, 2012 Greg Butler Rodney Tidwell SCOPE OF WORK WORK COMPLETED COST FOR FEB. JAN. 12 '12 WORK WORK COMPLETED COST FOR FEB. COMPLETED COST FOR FEB. 12 '12 MARCH '12 MARCH '12 TOTAL COST FOR THIS FISCAL YEAR TOTAL COST FOR LAST FISCAL YEAR ASPHALT AC Square Footage: 4,287 $12,732.39 $70,362.27 $95,917.63 Tons: 91 $0.00 $0.00 SIDEWALK CURB & GUTTER REPAIR Square Footage: 0 $0.00 $0.00 $0.00 PCC Yards: 0 $0.00 $0.00 $0.00 STRIPING LINEAR FEET: 0 $0.00 $545.65 $6,242.18 IN-HOUSE PAINTING LEGENDS: 244 $1,952.00 $16,984.00 $27,488.00 SIGNS REPLACED Material: 27 $1,350.00 $23,450.00 $41,500.00 Labor: 0 $712.53 $12,376.91 $21,903.37 SIGNS INSTALLED Material: 0 $0.00 $8,700.00 $5,100.00 Labor: 0 $0.00 $4,591.86 $2,691.78 SIGNS REPAIRED Material: 74 $3,700.00 $16,500.00 $39,486.50 Labor: $1,952.86 $17,258.86 $15,965.95 GRAFFITI Square Footage: 4,847 DRAINAGE CHANNELS CLEANED Basins: 143 $3,773.77 $39,136.37 $69,854.33 Channels: 1 $0.00 $65,150.00 $177,505.50 IN-HOUSE TREES TRIMMED: 119 $3,140.41 $14,593.67 $26,812.24 SERVICE ORDER REQUESTS: 51 AFTER HOURS CALL OUTS: 56 $2,197.24 $32,315.34 $48,200.99 R.O.W. WEED ABATEMENT: 0 $2,332.84 TOTALS $31,511.20 $323,544.57 $581,001.31 R:1MAI N TA I N 1M OAC TR PTISTR E E TMA I NT1JA N. F E B. MAR.107-08 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of January, 2012 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK SIZE CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 12.21.11 # 5402 CITYWIDE APPLICATION OF PRE & POST EMERGENT ALONG OPEN R.O.W. TOTAL COST $ 19,975.00 Date: 03.31.12 # 5402 CITYWIDE APPLICATION OF PRE & POST EMERGENT ALONG MAJOR ARTERIALS TOTAL COST $ 8,750.00 Datc: TOTAL COST Date: TOTAL COST CON'T'RACTOR: • WEST COAST ARBORISTS, INC. Date: 01.03.12 # 5402 CITYWIDE ANNUAL TREE TRIMMING PROGRAM TOTAL COST $ 32,102.00 Datc: TOTAL COST CONTRACTOR: BECKER CONSTRUCTION SERVICES, INC. Date: 01.17.12 # 5402 YNEZ ROAD AT DATE STREET REPAIR DAMAGED GUARD RAIL TOTAL COST $ 3,365.00 Datc: TOTAL COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 $ 64,192.00 SQUARE FOOTAGE January February March April May June July August September October November December 4,847 CITY OF TEMECULA 2012 GRAFFITI REMOVAL TOTAL CALLS January February March April May June July August September October November December 117 51000 49000 47000 45000 43000 41000 39000 37000 35000 33000 31000 29000 27000 25000 23000 21000 19000 17000 15000 13000 11000 9000 7000 5000 3000 1000 DEC JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV Totals for the Year To Date: FEB 1 , 2012 Sq. Foot Calls 4,847 117 - -SQFT RvbLL FENANCL 4NAFPRi Gra Ole C. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report January / February 2012 Prepared by: Amer Attar Submitted by: Greg Butler Date: 2/28/2012 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking - estimated start in March of 2012. A fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. City is in the process of restarting work on the Fire Station and expects a cost proposal to complete the project in February. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project constructed the Town Square and street improvements on Mercedes & Main Streets. Final work items involve completion of the show power which is in progress and should be complete by the middle of February 2012. Old Town Civic Center This project constructed the Old Town Civic Center. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are ongoing. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. Site construction began on 10/10/11, all bridge abutment and retaining wall work is complete. Site work including construction of bridge access ramps and installation of pedestrian handrails is ongoing. Delivery of bridge tentatively scheduled for end of February. Winchester Road / State Route 79 North - North Corridor Beautification This federally funded project designed and constructed landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. City Council accepted the project at the January 24, 2012 meeting and the Notice of Completion was filed. Roripaugh Ranch Street Improvements - Phase I Phase I improvements involves construction of wet and dry utilities, sidewalks, medians and new roadway section on Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to CaIIe Chapos, a portion of MHSR, CaIIe Chapos, South Loop Road. The project will also complete utilities to the Fire Station and future amenities (e.g, traffic signals, park, ..etc.). Work continues on installation of storm drains and underground utilities. 1 Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project installed landscape and irrigation improvements on a 0.26 acre Habitat Creation Area and maintaining it for five (5) years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 01/20/11. The project is now in the 5 -year maintenance/monitoring program. Margarita Road Right -of -Way Enhancement This project enhanced the east side of Margarita Road parkway areas from Ramsey Court to Avenida Cima Del Sol. The Contractor has completed all construction on this project. The 90 day maintenance period began on November 21, 2011 and will end on February 18,2012. Library Parking Expansion This project will add on -street parking adjacent to the Temecula Library and Fire Station #84 on Pauba Road. The construction contract was awarded at the January 10, 2012 Council Meeting. Citywide Concrete Repairs - FY2010-11 This project is an annual maintenance project. The project involves removing and replacing various damaged concrete facilities throughout the city. The contractor has completed all of the work. Pavement Rehabilitation Program - Margarita Road Project 1 This project rehabilitated Margarita Road between Rancho California Road and Avenida Barca. Roadway construction began the week of 9/26/11. Project is substantially complete. Minor CCO work involving traffic detector loops remains to be completed. Pavement Rehabilitation Program - Winchester Road This project rehabilitated Winchester Road between Roripaugh Road and Nicolas Road. The project is complete. The project will be scheduled for acceptance in March. Community Recreation Center (CRC) Energy Management Retrofit This project replaces the outdated HVAC systems at the Community Recreation Center with new energy efficient models and provides a new DDC Control System for the entire building. The work is scheduled to begin on March 19, 2012 and be completed by May 21, 2012. Community Recreation Center Roof Replacement This project will replace the built up roofing at the Community Recreation Center. This work will be performed in conjunction with the Community Recreation Center (CRC) Energy Management and Retrofit Project No. PW 11-05. The work will be undertaken between March 19,2012 and May 1, 2012. 2 PROJECTS BEING ADVERTISED FOR BIDS French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase I Project includes widening of southbound 1-15 from Warm Springs Creek to the Winchester Road off - ramp, widening of the Winchester Road off -ramp, construction of the new southbound off -ramp at French Valley Parkway, and construction of the westbound portion of French Valley Parkway from the off -ramp to Jefferson Avenue. Construction Contract is Out to Bid. Utility relocations began in OCT 2011 and are estimated to be complete in APR 2012, in advance of the project construction. Citywide Storm Drain Improvements - Calle Fiesta This project consists of extending an existing City -maintained storm drain line an additional 200 feet to eliminate slope erosion at the current storm drain discharge point. The City Council approved the necessary drainage easement for future City access and maintenance of the new pipe at the 09/27/11 meeting. Authorization to re -bid the project was received from the City Council at the 10/25/11 meeting. The project is being advertised for construction bids. Bid opening is scheduled for 02/23/2012. 3 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements - Stage I. Site visits for a new proposed location was conducted with the Department of Fish&Game (DFG) and Regional Water Board in May. City will contract with a consultant to map the new proposed area and obtain resource agencies approval. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The Environmental Request For Proposals is currently being advertised. Proposals are due on February 24, 2012. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. All resource agency permits have been acquired. Approval of the license agreement with RCFCD is on the City Council agenda for 2/14/12 - issuance of the encroachment permit should directly follow execution of the license agreement. Once this permit is issued, the Request for Authorization (RFA) to construct will be submitted to Caltrans. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. Consultant is finalizing the design plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is working on 90% plans, specifications and estimate. 1-15 / SR -79S Ultimate Interchange Caltrans has completed its review of the 95% PS&E (3rd Submittal). Appraisal of ROW impacts is under way. Pavement Rehabilitation Program 4 These rehabilitation projects will rehabilitate portions of Winchester, Rancho California, Ynez, Margarita and Rancho Vista Roads. City is currently in plan check review with Caltrans to obtain an Encroachment Permit for Rancho California Road and Winchester Road. Also, City is currently reviewing revised pavement design for Ynez Road. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II Project Development Team (PDT) kick-off is scheduled for February. CITYWIDE SLURRY SEAL FY 2011-12 The City Council authorized staff to solicit construction bids at the January 10, 2012 meeting. We are working on adding additional areas to the scope of work. Currently spec's are being finalized and a bid date is being scheduled. Pavement Rehabilitation Program - Margarita Road Project 2 Authorization to bid was received from the City Council on 2/14/2012. The project will be advertised for construction bids shortly. 5 Item No. 28 Approvals City Attorney Director of Finance City Manager Atm CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: February 28, 2012 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month ofJanuary 2012. PATROL SERVICES Overall calls for police service 2,303 "Priority One" calls for service 49 Average response time for "Priority One" calls 6.51 Minutes VOLUNTEERS Volunteer administration hours 277 Special Events hours 3 Community Action Patrol (CAP) hours 341 Reserve officer hours (patrol) 93 Training hours 149 Total Volunteer hours 1,439 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 4/1 Residential/Business security surveys conducted 0/0 Businesses visited 3 Residences/Businesses visited for past crime follow-up 0/3 Station Tour 2 Planning Review Projects/Temp Outdoor Use Permits 19/5 Square Footage of Graffiti Removed 4,847 OLD TOWN STOREFRONT Total customers served 175 Sets of fingerprints taken 51 Police reports filed 13 Citations signed off 38 Car Seat Inspections 0 Total receipts $4,337 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests 11 On sight misdemeanor arrests 8 Felony arrest warrants served 1 Misdemeanor arrest warrants served 0 Follow-up investigations 1 Parole/Probation Searches 2/10 Pedestrian Checks 11 Traffic StopsNehicle Checks 18 Crime Free Housing Checks 21 TRAFFIC Citations issued for hazardous violations 1000 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 28 Non -hazardous citations 379 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 142 Neighborhood Enforcement Team (N.E.T.) citations 90 Parking citations 229 School Zone 50 Seatbelts 24 Cell Phone Cites 117 Injury collisions 32 INVESTIGATIONS Beginning Caseload 125 Total Cases Assigned 57 Total Cases Closed 50 Search Warrants Served 20 Arrest 13 PROMENADE MALL TEAM Calls for service 772 Felony arrest/filings 8 Misdemeanor arrest/filings 30 Traffic Citations 64 Fingerprints/Livescans 115 Total receipts $7,754 SCHOOL RESOURCE OFFICERS Felony arrests 2 Misdemeanor arrests 6 Reports 20 Youth counseled 155 Meetings 68 REQUESTS TO SPEAK 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. Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on Agenda Item No. l( g -i 1 rJ tlet L ForP 1 2 e at4v1d11--\; Name: `DR De S1 RC & ARC $ / OYM s/ I "`Phone: Address: 7&7) CtLU/ / f City/State/Zip 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 I wish to speak on Agenda Item No. Subject ❑ For ❑ Against r>jublic Comment Please note that all information presented at a City Council meeting becomes public record All in ormation provided is optional. Name: Phone: Address: City/State/Zip F �/ `� If you are representing an organization or group, please give the name: -) ._7_ Cc 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. 2�� 0 I wish to speak on Agenda Item No. /J, 0e)77(W,-`7L-- For Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. (Ir iLJ Name: Address: t\ City/State/Zip Phone: If you are representing an organization or up, 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 a-.1 2g ( 1-2--- z I wish to speak on Agenda Item No. " ' c Cc'^^'"`" Subject r- t& L 5 r s' Ct-%y For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: Address: � Phone: ? City/State/Zip p r, e `i 2- S 40 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 'C"Q^(1CCEI c4' .,s For Against Public Comment A [ wish to speak on Agenda Item No. Nikm---11 '10 Cowatt- Please note that all information presented at a City Council meeting becomes public record All information provided is optional. (' ` Address: ` City/State/Zip�, QC,dk / 4 12-s If you are representing an organization or group, please give the name: oncLu 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 212 e6 LAP / Subject NA p O W !� ❑ For I wish to speak on Agenda Item No. 'Sion 0 144) -Paz./ Against grPublic Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: Ktv in 14 ((, 6 I lel S Phone: — ) . Address: City/State/Zip fl, at ct t l 10, c(4 , 1- )A -S/ If you are representing an organization or group, please give the name: i? Ce 4 fr7 C ,/ 7 Q 1y 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. J b R -A L CvMMUr,01CAT/ otib Date 0 Z/ Z yl Z I wish to speak on Agenda Item No. Subject S APJ o h°o f 1-6-hue.cu is n For n Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. `7� Name: l d g' CT£ is i O (-J k S 014 Phone: Address: ? £ City/State/Zip S O L A N /s e Cid CA 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 Oc vld /a I wish to speak on Agenda Item No. Subject CZ/1 On o4reNutiAar QI2i&-t-tN�j For Against 7Public Comment Steh-o-Yt Please note that all information presented at a City Council meeting becomes public record. 1 All information provided is optional. / Name: SW ' (11 c k urf Phone( -City/State/Zip Ga h L ( Address: 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 got to the public podium and state your name for the record. 1'6 W -c)\)-, Subject Sa./\/ 0! v t €f- ('-e For Against Public Comment I wish to speak on Agenda Item No. Please note that all information presented at a City Council meeting becomes public record. kr �y A� All 'nforrrhation provided is optional. � , City /State/Zip C�ro C � 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. g` Subject SG - \J V P6 For Against Public Comment n 1 wish t speak ��nnnAgenda Item No. Q_-Lal G , � ni Uv V v Please note that all information presented at a City Council meeting becomes public record. 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Name: Y< L'ePhone: Address: City/State/Zip / C rAd4e f 6 (f z5 If you are representing an organization or group, please give the name: 5 � 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 For 0007 I wish to speak on Agenda Item No. -2 C1u,1'� n Against n Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional Name: -1 Xerry Phone:� Address: If you are representing an organization or group, please give the name: 7 ; Pel-,-eaL ��3 ) 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. *7 Date (-11,1 _ - 12 I wish to speak on Agenda Item No. 99 - Subject 1 ❑ For Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional / Address( - Zip A -CAM D G_ If you are representing an organization or group, please give the name: CA- q % DOCUMENTS SUBMITTED FOR THE RECORD *a'vit'''' • 2:12-___Je 1Z CLC Com f SAN ONOFRE NUCLEAR PLANT = FUKUSHIMA USA? Eif No safe emergency plan for California IYJ Toxic radiation in our ground, air & ocean PO Not ready for 8.0+ earthquake or tsunami IYJ Tons of toxic radioactive waste piling up Ii4 Lower safety standards for old reactors IYJ Worst nuclear plant safety record in USA SHUT IT DOWN BEFORE IT'S TOO LATE! Sources: CA Energy Commission (www.energy.ca.gov,lnuclear,Icalifornia.html), Nuclear Information & Resource Service (www.nirs.org), US Geological Survey (www.usgs.gov), Nuclear Regulatory Commission (www.nrc.gov), CA Public Utilities Commission (www.cpuc.ca.gov) www.SanClementeGreen.com, www.SanOnofre.com, www.SanOnofreSafety.org CREED - Coalition for Responsible Ethical Environmental Decisions ROSE - www, ResidentsOrganizedforaSafeEnvironment.wordpress.com. www.AceHoffrnan.org • IMPORTANT: Safety information for anyone within 50 miles of San Onofre Nuclear Plant At the Fukushima Dai-ichi nuclear disaster, U.S. officials recommended Americans in Japan evacuate 50 miles. If you live or work in one of these five counties, you may be within the San Onofre 50 mile evacuation zone: Orange, San Diego, Los Angeles, Riverside, San Bernardino There is no safe emergency plan. Over 8.4 million people living in a 50 mile radius need to evacuate if there is an emergency at San Onofre. The Nuclear Regulatory Commission (NRC) does not require a current safe emergency plan for San Onofre (NRC Reg. 50.47). Radiation from San Onofre will blow inland due to prevailing on -shore wind, so the safest evacuation location is upwind in the Pacific Ocean. The NRC is under investigation for reducing safety standards in order to keep older nuclear plants running. The NRC has stricter rules for new plants than it does for existing nuclear plants. San Onofre is not required to add safety systems that the NRC deems too expensive for the value of the lives they could save. The NRC value of a human life is roughly 1/3 to 1/2 the value used by other federal agencies ($3 million vs. $5-9 million). San Onofre was redesigned for a 7.0 earthquake, but sits next to a fault capable of an 8.0 earthquake -- 10 times more powerful and long overdue. San Onofre unsafely stores tons of toxic radioactive waste and continues to produce over 600 pounds every day. The waste is toxic for thousands of years. San Onofre's "30 foot tsunami wall" is only 14 feet above high tide. • LOS ANGELES __ _ •,r:41'+�:7 IDB 4 SA BERNARDINO The NRC does not require seismic or tsunami studies for license renewal. San Onofre was originally licensed to shut down in 2013, but was extended to 2022. Next year they plan to ask for an extension to 2042. The plant was designed in 1973 for a 40 -year lifespan. San Onofre has 10 times more safety violations than the industry average making it the most dangerous nuclear plant of all 64 plants (and 104 reactors) in the nation. The NFLC says San Onofre continues to have serious Safety Culture problems, including poor decision making and employees reluctant to report safety problems for fear of retaliation from their management. Human error contributed to all major nuclear disasters in the world. One human error contributed to Southern California's 9/8/2011 massive power blackout. It can happen at San Onofre. In the event of a severe accident at San Onofre, radiation leaks could create a permanent "dead zone" beyond Los Angeles, San Diego, Catalina, and Riverside. Children and pregnant women are most vulnerable to radiation. Cancer and genetic damage go undetected for years. Your home and property cannot be insured against a nuclear disaster and reactor owners have limited liability. Sources: CA Energy Commission www.energy.ca.gov/nuclear/california.html, Nuclear Information & Resource Service www.nirs.org, US Geological Survey www.usgs.gov, Nuclear Regulatory Commission www.nrc.gov, CA Public Utilities Commission www.cpuc.ca.gov www.SanClementeGreen.com, www.SanOnofre.com, www.Sanonofre5afety,org CREED - Coalition for Responsible Ethical Environmental Decisions ROSE - www. ResidentsOrganisedforasafeEnvironment.wordpress.com, www.AceHoffman.org CALIFGRNIA Nuclear Initiative Here are the facts — Don't be fooled — Protect your family Ballot initiative 11-0042 seeks closure of both the San Onofre and Diablo Canyon nuclear power plants. It requires existing nuclear power plants to comply with the same state laws that apply to new nuclear power plants. Current state law exempts existing nuclear power plants from the laws for new nuclear plants. This initiative proposes to remove that exemption. The language in this initiative was carefully chosen to minimize possible legal challenges. California law recognizes that the risks of nuclear energy outweigh the benefits and that nuclear fission is the least desirable means of producing electrical energy. California currently has an energy surplus greater than the energy supplied by these nuclear plants. The Legislative Analyst Office (LAO) financial analysis is seriously flawed. The analysis was based on the assumption there will be rolling blackouts if San Onofre is shut down, saying San Onofre is necessary to maintain electrical grid stability in the L.A. area. However, the LAO has no written evidence from any government agency stating there will be blackouts. Their information is based solely on conversations with the California Independent System Operator's (CAISO) staff. The LAO will not reveal who they spoke to and no one they spoke to will state this on the record. The CAISO is supposed to be an independent energy agency, but their key executives are ex -power company executives. And their only confirmed Board member is a past president of Southern California Edison (SCE). SCE is the major owner and operator of the San Onofre nuclear power plant. Also, the current California Public Utilities Commission (CPUC) president is also a former SCE president. Dangerous earthquake faults exist near both nuclear power plants. The probability of a major earthquake occurring within the next 30 years in the San Francisco Bay area is 67% and 60% in Southern California. The nuclear plants want ratepayers to pay millions of dollars for new earthquake studies, even though the U.S. Geological Survey says scientists have never been able to predict major earthquakes. The aging San Onofre nuclear power plant consistently has the worst safety allegations record of all 104 U.S. nuclear reactors. The LAO suggests the nuclear power plant with the most safety allegations in the entire U.S. is too big to fail! Help us with our grass roots campaign to shut down dangerous nuclear power plants. Go to CaliforniaNuclearinitiative.com for more facts and to print and circulate petitions. Source: CA Energy Commission, CA Public Utilities Commission, CA Independent System Operator, CA Legislative Analyst Office, Nuclear Regulatory Commission, U.S. Geological Survey 12/11/2011 • 1 Complaints of Safety Problems at U.S. Nuclear Power Plants from On -Site Employees & Contractors* January 2007 to August 2011 140 San Onofre - worst safety record of all 104 U.S. Reactors! 120 100 60 60 40 ms tre a 'The Nuclear Regulatory Commission (NRC) raters to these complaints as'Allegasons from Or -Sib Sources' icurrenvbrmer power plant employeesfcontractors and anonymous allegers I- These are reports of impropriety or madequacyol NRC -related safety or regulator/concerns. Nola: Acancem about a safety -conscious work ensironmenl (SCWE) problem al a facility is an important allegation. Howe.er. a Notice of Molation cannot be issued. because there is no applicable NRC regulation.) There are 64 U.S. nuclear power plants. Most haw" more than one reactor. as noted after their name. Source. www.nrc 0oaboul-nrcoegulabry+allegasonsfstasetica.html Complaints of Employee Harassment and Retaliation at U.S. Nuclear Power Plants* January 2007 - August 2011 w 35 30 25 20 15 10 O s I= San Onofre - worst record of harassment and retaliation against employees reporting safety problems! - - 0 n r= t? 0 0 44445444 0 0 0 w u u u ro 0 vt o In WWWWWW 111111111 1 1111 I °"" " W0W° 0°0" ° 0 ....... 44(50155( M. -iii I`. ♦M1 `'!. ♦M1 M1 ♦1 r a 1 M1 ♦M1 r ♦M1 " r M1% 7 M1 '� 1 M1 W '� M1' ♦ V 1 1� ♦'L♦ M1 O h p` �♦ ♦ ♦ M1♦ �! ►M1'y� �M1� WQ' t.M1 ♦M1 a ►M1 M1► r' ff�W� ♦M1�Y 4%,6-4:40!"3"5% .� �rT�T ♦ e� ♦ p��q 6 oW ♦ a**` Q Py P �. t�.' Gt' ♦ M 'ys + `T `' �' /6+�llR' Itfi at r/as /i ,�c♦t11a� �c�► ♦'P 0 hJo � p y prig •F do *9e. o oat ." �y $ f m F>t+P� �� F iv P g +� �a oJ� P ♦po ocT � r �drofr a$5,, odH o y p e°Ae F dt' d� eJ � 1� the Nrclear Regulatory CorrmSSrOn INRCI raters to these reports as "Duscrmnaton Allegations" from err doyees, contractors. or subcontractors of harassment, intimdator, or discriminator for raising NRC -related safety or regulatory concerns. "Discrlmnation Allegations Received' *a subset of as 'Megatons Received.' Note There are 64 nuclear power plants: the mapriry have more thar one reactor for a total of 104 reactors in the U.S. Source: weve.nrc.gov/about-nrcireguiatoryialegatOnsistabstics hlrrl AllegationsOnSiteAndDiscrimination 1 page,doc SanOnofreSafety.org Nit SAFE EVACUATION,LAN! 50 MILE EVACUATION AREA WAS ORDERED FOR AMERICANS IN JAPAN KNOW FAULTS EXCEED SAN ONOFRE DESIGN FOR 7.0 EARTHQUAKES 8.4 MILLION PEOPLE LIVE IN A 50 MILE RADIUS RED = 10 mile radius BLUE = 50 mile radius www.psr, org/resources/evacuation-zone-nuclear-reactors, htm www,sanonofre,com • Nuclear 4. l L--�. San Onofre` 9 }ear`Gvnerating Station TSIJNN AN UN _MAP --- 2`FOR EMER I Y -P ANNIN,G ---..„ N State of California -- County of 3,pirifack,`., to "-" It lOFRE BLUFF QUADRANGLE '\ --, (/, 3? PURPOSE OF THIS MAP The inundation map has been compiled with best currently available scientific informaThe inundation the represents the maximum considered tsunami runup from r of extreme, yet realistic;-twrtgmtsi uroes. Tsunamis are rare events: 16 due to a Iadr of known occurrences in the historical record, this map includes no information about the probability of any tsunami affecting any area within a specific period of time. Cal EMA GUL.M,i I.IMUMC, AAA , AMMO' ( 30_. IrNIV RSM or txx-rHERN CAIJ FORK IA ••\ cc mai:e., 2/2'/j2 @ W4) Baa a llat&x re ro An expose of the nuclear Industry DNA molecule The Code Killers First published (by the author): October 2008 Current version: August, 2010 (please see web site for errata and upgrade info) This book may be downloaded at no charge from the author's web site: www.acehoffman.org Cover art by Zoe Friend ( by Ace Hoffman ace@acehoffman.org POB 1936 Carlsbad CA 92018 e 1 = ted SJ, The millions of victims of radiation poisoning, and the scientists, whistleblowers and citizens who, through books, videos, reports, emails, telephone calls and conversations, taught the author everything he is now trying to pass on to you. For those who want to find the edges of a nuclear advocate's knowledge: Use this guide to discuss each of the issues. The author has never met any pm-auker who will claim to understand all these issues. Yet we all MUST be able to interlock ALL the pieces ofa puzzle to solve it properly! J Chain Reaction Fission Fragment Initial N.utroa lnnnnrnnM• Fission Fr.gn..nt The Code Killers "A monumental work" ... "a wonderful compendium" .. . "superb!"... "a million thanks" ... "a stunning effort and a wonderful resource." ... "like a graphic novel, but true!" This document was created by someone who wishes to be called a writer, or an educator, or a humanist, or a futurist, or a technologist, or a gadfly ... but NOT an "activist!" Not that there's anything really wrong with activism, except that so-called "activism" is a last resort. Attending public hearings makes you a CITIZEN, NOT an activist. I've done a lot of that. Writing makes you a writer. I've done a lot of that, too. Programming makes you a programmer -- I do that, too. 1 am an artist. This is my painting. This is a "legal" document -- a testimony. It is the truth, the whole truth, and nothing but the truth, as plain as I can say it. Contrast that claim with the following, from a letter to this author from the NRC: "Statements made by the public affairs officer ofa NRC licensee are not regulated activities. Therefore, the veracity of such statements will not be investigated by the NRC." • • Table of Contents 2-3 4 5 Radiation: What's in you today? 6 s Parr4a000iA. G3aboo OooQpW 9 WHAT I0 A HALP-1Ifl? GDn®Oea Steps in the Nuclear Process r'g� gw LA') Iteattors �, jork?� WHAT'S WORSE THAN A MIITDOW 4 'WHAT 'ELSE CAN (AND flogs) 60 WRONB? IE(®Vi9 D ER@ dT � Ye At LC/5 ar s e o CMLEAR CMLEAR w ASTE° ASTE° it 1190M UR dpi a i ta ti Ofl Ofl Gtr `ro WW1 Rfight7 TO Ta 10 11 12 13 14 15 16 17 18 19 Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 2 e • Table of contents (cont.) Hidden Effects of Radiation grrc ALL_ stmatur Zlian How Can I Protect Myself And My F.mIIy? as Zndustry in Denlal Inie Paters boob Rosy to it , se Who M Mail CUM Pl0affini in1F18 Beneficial Uses of Radioactivity JJJHaT 1S 3 UJHI8TLeDLOWeR? 20 21 22 23 24 25 26 27 28 There are PLENTY of Alternatives to Nuclear Energy 29 30 NOV CCN Ncs ALL TUlI CUfl Digging Deeper CONCLUSION Resources: A visual display of hundreds of books and historic documents in the author's collection 31 32 33 - 41 42-49 50 Suggested next steps you can take today 51 Contacts: Some organizations working on these issues 52 - 53 Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 3 IS FOR 1 p. YIP _bse. _er, , of lea "Duck and Cover I had every resource imaginable available to help create this book (except infinite time). Whoever, pro- or con-, had the best descriptions, I based my own artwork on. This is what YOU most need to know about nuclear issues. It will be a refresher course for some, an introduction for others. Hopefully you'll want to know more -- but everyone should know this. ) ?'his book is especially for • STUDENTS and YOUNG PEOPLE exploring nuclear issues for the first time. You'll sound like a "pro" in no time! •NEW ACTIVISTS and NEW ENVIRONMENTALISTS who, while all for reducing fossil fuel use, etc., wish to solve even bigger problems. • THE CURIOUS who want the facts, fast, and don't want to wade through minutia, or waste time. • SEASONED ACTIVISTS who want a handy reference and memory jogger. What's a rem, rad, a, 0, y, etc.? • PEOPLE WHO SUSPECT THEY ARE RADIATION VICTIMS who want to begin to grasp how radiation can cause so many different illnesses. • VICTIMS' LAWYERS, STATE ATTORNEYS GENERAL, JUDGES who want to understand the "big picture" so they can enter court prepared. • MOTHERS, FATHERS, and MOTHERS- and FATHERS -TO -BE. who want to protect their children's DNA and their environment. • NUCLEAR WORKERS and FIRST RESPONDERS who are concerned about potential accidents, and / or their personal risks. • HEALTH CARE PROFESSIONALS who want to protect their patients from an excess of radiation. • ELECTED OFFICIALS who want an unvarnished assessment from someone with no "vested" interest. • TEACHERS who want a guide to the science and politics of nuclear issues. • REPORTERS who don't like being lied to by government and industry toadies. • OPTIMISTS, FUTURISTS, HUMANISTS and HUMANITARIANS who want to grasp the full magnitude of the problem, so they can get us out of it. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 4 1 1(?,(� r' 'y .y n ) •' i 1 "1 1 : Major U.S. nuclear incidents, events, structures, etc. Bombs: "civilian"0 * reactors: V "civilian" reactors: bombs: 400 military reactors: "civilian" n n* reactors: 7 L bombs: 1030 reactors.: '1 80t bombs: 1146 (through 1992) Subcritical rests: 21 Railroutesto Yucca Mountain Barge routes Truck routes used under mostly rail scenario "civilian" 104* reactors: * Actively making waste t Cumulative built to that date • Bomb totals include all (.S blasts (This animation is available at the authors web site.) military270t reactors: seam fir Toros Ramie amp tde.inedwrrhfrees: Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 5 • • Radiation: What's in you today? NATURAL 82% MANUFACTURED 18% Medical x 11% Internal 11% 1 , (-3mess) (ram r a - 94' wrMedicine y) Nuclear edMedicine 4ms ( ,9 (-+o wramr) (-fig wems) Radon 55% Annual Exposure Expressed in "Effective Dose Equivalent" Natural: Radon Other Occupational Nuclear Fuel Cycle Consumer Products: Tobacco mid...* ate. ..r..rr r...rrrm r. pram .1 i MIME 200 100 0.90 0.05 (7) 10,000 Other 5 - 13 Environmental Sources 0.06 Medical: Diagnostic X-rays 39 Nuclear Medicine 14 Approximate Total: 360 Swim US MOACIP BereOA tory External Background Radiation 15% Medical 1 5% Terrestrial 8% (Warks sa- soul (-30 mr..,,l CosenlC S% (Outer Spee.) (-SO a(.....? Radon 55",.1 1-2O0 mram; "Consumer Products 3% (-10 axe) N.ian(C ma, on Aa44. Aaaeiw J ,Ywnaa.e.e.1917 Other <1% (o ...e,I Occupational 0.3% (t area.) Fallout 40.3'16 (s1 ,...a) Nuclear Fuel Cycle 0.1% (0.3 wrew) Miscellaneous 0.1% (0.3 .w..n( Naar: DberepaarJu, math arorr, etc, even rhea the values &Itsappeatily based ow the mow source (smolt as with the marker furl cycle valises shame abort) are rot awaoasarprr bt science... t S as if you took a plane from L 4 to NYC... \ lbw get about 4 Norm (O.0/ as3') round trip. If then is a solar stoner and/or the pilot flies at an unusually high altitude, your exposure could be significantly higher. WA kcal Pr.>inL,re r.,_ Oast 5. x -r+' n;rtvral tackgmurrd egw+altni rime egun, .lem Chest a< -ray (PA film) 0.023 1 2.4 days Will x-ray 0.0T 4 5.5 • Lumbar spine 1.3 05 13/ ' CT head 2 100 243 • L1. urogram 2.5 125 304 - Internal yplsr 0.1. amain 3 150 1 year Millan .nems 7 350 2.3 years (In the body) 07 ardomen 10 600 3.i 11 % \ Sr.= aa++v raao, 3sw, see.rp.■ sura+e+c mrwr ilt ■ 10 mrem Consumer Products 3% ThgrrNt o+ dim ■ yamJIea serr1Maseapa, p a no. 3 mreln other 1% i45 Thar 24A Thar 315 i Sow, 3N. and Ssa r: rrr..x.r.., twi rlaadwa 3d!,, were. When *Aimee Plitiga" ExTveLriaaL'irricsvoiriales -173 aaPONnoM ara i4LA11oM AHD ON CROW TON TO■I1PO1al0R AM mesa MATsauw o* SU l wAyfa Mule I 4".109-1u1" ,..fir _.r1110•110n AQUATIC F AKE00 mar DIGESTION Cwuad fr tuw..a.my 94944.w saws. r rarer.. h ae tmai n. w..rgr 1m,. 1s The longer you live, the more radiation your body must endure. Radiation is everywhere. But nevertheless, the less you get, the better. To some extent, and maybe to a large extent, your cumulative dose determines your risk. Natural radioactive "hits" per second: -15,000* ...cumulative over 80 years: -38,000,000,000,000 "Hits" per second in your body allowed by U.S. EPA from tritium alone: 29,600 ...cumulative over 80 years: -75,000,000,000,000 From a "typical" medical x-ray: >1,000,000,000,000* from one CT -Scan -500,000,000,000,000 The risk of cancer from one CT Scan is currently estimated at about one in one thousand - but even after all these years, nobody really knows. • t...nr: CwM.. raw ti.. k,. ran=. 04444 Cie,tr 5.. *The controversy about so-called lows -level radiation, (greatly simplified: ' Cancer, W for example, isn't the only "effect". known effects suprallnear linear ^;r ': r` Area of / ; Controversy -quadratic law Nigh Radiation Exposure (dose) S,ane,:*deer Pawn: dad Sibs. Earn b hake i Trainer, 1981. vie Biological Half-life The biological half-life of an element (the point in time when half of a foreign substance nce in the body is no longer in the body) is AOT the same as the radiological half-life. After 20 radiological half-lives, only 2-20 of a sub'tance will remain (about one millionth of the ori'g.inal amount). But when, for example, tritium pb.isons the body, some of it will bind a'permanen 'masquerading as a stable, useful hydrogen •tom, until the moment of radioactive decay. J Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 6 "It is the ability of some radioisotopes to masquerade as their close chemical cousins (e.g., strontium 90 as calcium, radioactive iodine as natural iodine, cesium 137 as potassium), and thus be absorbed into the body, that makes them particularly dangerous. The body has very efficient mechanisms for capturing iodine and concentrating it in the thyroid gland, for directing calcium and other bone -seeking elements to the skeleton and holding them there, and for concentrating other elements at specific points. Consequently the full destructive force of a radioactive material may focus on a single organ." -- W. 0. Caster, From Bomb to Man (Fallout, Bade Books, 1960, p 41), igh-energy, high-speed emissions, such as alpha (a) and beta (J3) particles, neutrons, protons, x-rays and gamma (]') rays, penetrate the human body and other things, causing biological, chemical, and ./or physical damage. Energy of emissions is usually measured in megavolts (MeV). The biological half-life will be the same for all isotopes of a substance but will not always be the same for all organs. In any case, the biological half-life should be taken with a large "grain of salt" since some portion of any biological assault usually remains permanently in your body. Short radiological half-lives have no biological half-life listed: The assumption is `that they will probably decay internally before the body might expel them. Maas particles fy* -� (Yellen, noels') Seta *millet's f1 (nprtive 'fS electrons) ltratln oe ewer of ' various ifityp es of saaem raysadkalt1an (eae�sr r►sveel r v" fAfER�' HALF -INCISE 'SEVERAL OP ALUMINUM INCISES Of LAAO (or several font of concrete ape steely rte: Symbol slealewelahl emission type 'max. McVI (21d type), half Ilfe / biological halt lite (tad component) BRAIN At3'' a 15.87 McVI, 7 h SKIN sae 13 10.16 McVI, 87.4 d 1 623 d (90 d) a IF you are contaminated with beta emitters on your skin: "First, decontaminate yourself. Flash with plain soap and water (no scrub-brushl). Remove any contaminated clothing." THYROID ($o"r Doli u) �j♦ Tc" 13 [0.29 McVI, 211,000 y / 12 h II" 13 10.97 McVI (7), 8 d / 110 d ].n )9 12.12 McVI (7), 2.3 h 1133 fi 1.27 MeV (r), 20.8 h llu p 2.63 MeV (7), 6.6 h LIVER Mese p [3.70 McVI (7), 2.6 h / 4 d (40 d) Co60 11 [0.31 McVI (7), 5.72 y / 6 d (60 d) Celli 130.58 MeV] (7), 32.5 d / 9 y Ce`49 [0.31 McVI (7). 285 d Fr13 f) [0.93 MeVI (y). 13.5 d Pr's' f3 [2.99 McVI (Y), 0.3 h Nd"'13 [0.90 McVI (Y). 11 d Pu=" a [4.98 McVI, 373,300 y / 82 y PANCREAS H3 /3 10.02 McVI, 12.3 y OVARIES Kai I) [3.52 Kr" (3 [0.67 Co" ii (2.82 Cs"' /3 12.06 1131 (3 [0.97 Pu141u 14.90 MeV MeV MeV MeV MeV MeV (7), 12.36 h (7), 10.72 y (7), 5.27 y (Y), 2.1 y (y),8d /4d (0,y).14.4y/800y She is smiling because radiation is odorless. tasteless. and colorless. It cannot be detected by an% sense organ. She WHOLE BODY H3 1310.02MeVI,12.3y/9.4d C1+ (310.16MeVI.5,715y/12d cannot feel herself being irradiated. P31 P 11.71 McVI, 14.3 d / 257 d Cs13r$ 11.18 McVI (Y), 30 y / 70 d Cel"10.31 MeV' (Y), 285 / 9 y d Pu'4•a 15.17 McVI (7), 6,563 y / 175 y LUNGS le<310.67 MeV] (7). 10.72 y Ce`44P 10.31 McVI (y), 285d/ 1SOd Roma [5.59 McVI (7), 3.8 d 1 10 y Um a 14.2 McVI (7), 4,500,000,000 y /3.8 y Pu'3'a [5.50 McVI (7). 87.75 y / 1.5 y SPLEEN PPo"'a[4.88MeV' (7),103y150d Po21'a [5.31 McVI (y), 138.4 d KIDNEYS Ru 'P [0. 4 McVI, 372 d / 7.2 d ....and everything else... BLADDER ~Po11'a [5.31 McVI (7), 138.4 d ....and everything else... �e BONE par p[1.71MeV ,14.3 d/3y Ca" p10.26MeV,163d Mn'0 14 [3.70 MeV (Y), 2.6 h / 40 d Sr" 1111.46 MeV (7), 55.6 d / 40 d Sr" 1 10.55 MeV (Y), 29 re 13 [2.27 MeV (7), 64.1 h y41 p [1.55 MeV (7), 58.5 d 81040$ 11.02 MeV (y), 12.7 d La'a0P 13.761 MCV (7), 40.3 h c&"f [0.31 MeV (Y), 285 Nd"'fl 10.90 MeV MUSCLE Kar 13 13.52 McVI (7), 12.36 h Camp 10.21 MeV), 2,300,000 y / 70 d Ra37a [4.78 MeV 1.1713u 14.82 MeV U3350 (4.70 MeV Pu"'a [5.15 MeV (7). 11 d /9y d (Y). 1,600 y ! 10 y (y). 160.000 y / 200 y (Y), 710,000.000 y (y). 24,131 y ! 200 v All reproductive organs are attacked by radiation. Many isotopes cross the placenta. Plutonium also concentrates in the gonads. Radiation causes birth defects, mutations and miscarriages in the first and / or successive generations after exposure. A fetus is much more vulnerable to radiation than an adult. Girls are more vulnerable than boys. Women are more vulnerable than men. Nevertheless, radiation "safety" standards are based mainly on adult male resistance levels. Cancers, leukemia, heart failure, amnesia, neuromuscular diseases, and many other health effects may take years to develop. There is no minimum dose; any dose can be fatal and any dose causes some amount of damage. Updated, enhanced, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 7 • ,tom? rig The elements in each column (referred to as a "Group") of the Periodic Table tend to behave in chemically similar ways. Elements within a group can masquerade as each other in OtCp biological systems. ei ©a CcC1 0 0 1 CD0CDC1CDDCDCD G 00 U 0 0 © C] C./ CI0o000 C3 CD ,:. [moi ei 0 C) CQ O C.) {`3 a O ILZI Q o CI 0 O QC:o'\ 0C.)pCIC. 0 elm OM 400 " HYDROC'IN ATOMS CAN HAV' SFVEF.AL F'OFMS Si 17 (Left) The atom as envisioned by Niels Bohr, utilizing Max Plank's Quantum Theory of discrete energy levels. (Right) Typical positions for a hydrogen atom's lone electron. COV dir THESE ARE ISCTOPES RRTRNMIMRRRRNIE 0T18181•M8EE All Hydrogen Atoms Have One Proton... N1 PROTIUM MAMMON rrw.gill NYMOOIN N� ofuff'ltuM TRt 1UM / 'icy/he:I FAMILY`/'.ATOMS ISOTOPES MEN-M>t•E MRR-M1R1 UMW HRRuNRR ROM RMIRYRI E1AR-EIOt fb" L. 400 wir NIP CARBON 10 CARSON 11 CARSON 12 CARSON 13 CARSON 14 PROTONS 6 PROTONS 6 PROTONS 6 PROTONS 6 PROTONS 6 NEUTRONS 4 NEUTRONS 5 NEUTRONS 6 NEUTIDNS 7 NEUTRONS S MASS NO. 10 NASS ND. 11 MASS NQ 12 MAST MQ 13 SASS 110. U Few: The Scary .f A1.eelr Theory eel Meade Dump fFdiiera, t 110) An atom is about a million times smaller than the width of a human hair. A uranium atom (#92) weighs more than 200 times as much as a hydrogen atom (#1), but the diameter is only about three times greater. The nucleus forms into alpha particles as much as possible... An aluminum nucleus traveling at a little over half the speed of light collides with a particle in an emulsion, which decomposes the aluminum nucleus into six alpha particles. The other tracks are from electrons and the particle collided with. Every solid thing in the universe (including you) is made of atoms. Atoms are made of protons, neutrons, and electrons. The number of protons determines which element an atom is, and the number of electrons orbiting the nucleus is normally (in the "ground state") the same as the number of protons in the nucleus. Along with protons, neutrons also occupy the nucleus. The number of neutrons, however, can vary for any particular element. Atoms with the same number of protons but different numbers of neutrons are called different isotopes of the same element. Only the first element -- Hydrogen -- exists (most of the time) without any neutrons. For some elements, there are no stable isotopes. Prior to the atomic age, only a few radioactive isotopes existed in the environment. ,e 1781511611FY ode 180 160 140 120 100 ea 60 40 20 Neutron Number (0 of neutrons) The number of neutrons for a stable (non -radioactive) element is approximately the same as the number of protons at the low end, but as you go higher and higher in the Periodic Table, the number of neutrons needed for stability increases in relation to the number of protons. r Z=N Ttn 10201 The stable (or slowest - decaying) elements are shown in dark green. l s— I Atom1F Nunibrr (# of proton') z 20 40 60 80 100 120 Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 8 0 • Psutlslss, kiskipag rase, Cna..eVa/ r( aII lee` �eAr tie �cieus' Ionizing Radiation is usually described as being composed of energy waves (also known as rays) and/or ofextremely fast particles. In any case, ionizing radiation has enough energy to knock other atoms' electrons out of their orbits and to break all types of molecular bonds. including all biological bonds. Alpha particles are composed of two pentons and two neutrons. They have a charge of+2. Alpha particles have tremendous mass compared to other radiations, They are about 7,345 times more massive than beta particles. When ejected from the nucleus of an atom, alpha particles are traveling at about 98% of the speed of light. After slowing, they are normal (stable) nuclei of the second -lightest element (helium). Beta particles have a charge of -I, and shoot out of the nucleus of an atom at X99.7% of the speed of light. Atter slowing, they are normal electrons. Kacli7 e1 fie ateAr Tracks from alpha particles (He) emitted from a blend of Pb212 and Bi212. One alpha particle has struck an N" nucleus. As a result, a proton (H') has gone flying a long way off. Meanwhile, the N'1 nucleus has rebounded too, and become O". From Atomic Physics (Bore, 1935...1962) Particles slow down as they hit things or, if they are charged particles, if they just simply go near things that are also charged. Gamma rays and x-rays do not slow down; they either hit things which absorb them (usually giving off another ray, or a particle, later), or they ricochet. Most often, of course, they miss things entirely; which is why they can penetrate so deeply. 101111111110100,1114 A Logarithmic Scale Radio Waves Microwaves Infrared VHF UH i Fretey in Hertz (c crle�per second) i 3MHz , 30aitz- 300antz 3oHs 30wts300omz 3TC 30Tez 30 1, 310" 310" 3'10' 3'10'' 3'10"+ 3'10" " _ 3'10 3'D" .11P What, Human Bee 3;e!• Dust Red Mood rte dsDpj HYdrofewl eft Baceris %uuuc molecule Morn 102 101 maw 101 1, 10-= {110-' 10' 104 p 04 10-r 104 111041 11 044 10-" • Wavelength Equivalent it 4 Energy Equivalent i (h = 9 626 X 10-" Joulesseated;1 J = 6.24150974 r 10'1 eV 12.4.....124 ....1 .... .24 1_11 ..... 124 ... ; ....1....124... 1.24 1212.4...-.124 1.24 ; 12.4 124 MV nee rail raV u.V emBV NOW nwV .V n.V • nanoel.ctron volts u.V • micro.l.ctron volts tneV • mlllielectron volts eV • .i.ctron volts kaV ■ thousand electron volts MeV ■ million .lsc ron volts -71 Hydrogen Bonds Thermal Noire iiii Covalent Bonds .V .V taV Noses keV H' Bets Decay .e. Atomic Hud eu$ 1011 10-11 . 1 eV =1.60217733.[ 1.24 a 12.4 124 say es rev MeV Alpha Decay Electron 10.1 10"J) '''•'-ray Sky' -411 Pu dr200 ecoy MeV r 1 1 1 1 1 Radiation Conversion Factors red = an absorbed dose of 0.01 joules (J) of energy per kilogram (kg) of tissue, or 100 erg per gram rad = 1,000 millirad gray (Gy) = 100 rad = 1 J / kg roentgen = 0.876 rads (in air) rem = 1.07185 roentgen (rem stands for "roentgen equivalent in man") rem = 1,000 millirem sievert = 100 rem becquerel = 1 disintegration per second curie = 37,000,000,000 disintegrations per second curie = 37,000,000,000 becquerel becquerel = 2.7E-11 curies becquerel = 27 picocurles curie = 1,000,000,000,000 picocuries picocurie = 0.037 disintegrations per second microcurie N. 37,000 disintegrations per second megacurle = 1,000,000 curies kilocurie = 1,000 curies l Units of Measure for Radioactivity Becquerels A count of decays Grays Sieverts An energy A damage density assessment �� 1• 111•1. • • `�°"� The number of apples that fall in a given unit of time can be compared to the curie or 8q (decays per second). The total energy of all the apples that hit the sleeper in a given unit of time can be compared to rads or grays (absorbed dosel. The effect on the body, depending on the size. weight, and speed of the apples, can be comparcd to rems or sieverts (effective dose). 1 Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 9 • WHAT I$ A Hap -I0$7 A half-life is a statistical value 11 is the time it takes for half the atoms in a pure sample of a single isotope of an element to decay into some other element. After one half-life, half the atoms of the original isotope will still be unchanged. After two half-lives, a quarter of them will still be unchanged. If you start with 1,000,000,000 (one billion) atoms, after 20 half-lives about 1000 atoms of the original isotope will remain -- about one millionth (0.000095%) of the initial amount. Radioactive Decay Rates N —N•26-117) T = half-life t = time A = quantity U238, U235� Th232, and Np237 Decay Series Uranium - Radium (U -Ra) series (4,t + 2) �d 111 a.r 1++ u'. a 174 Uranium- -— Actinium =T� series -= (4w+3) Specific Activity The specific activity is the rate of decay times the quantity. The specific activity of Radium -226 is one curie per gram. primary specific activity isotope emission in curies per type half-life gram Noble Gases: Krypton -85 1 Xenon -133 Other Fission Strontium -90 Molybdenum -99 /3 Iodine-131 /3 Cesium -135 j3 Cesium -137 Cerium -144 /3 Natural Elements: Uranium -235 a 710,000,000 y Uranium -238 a 4,500,000,000 y Transuranlcs: Plutonium -238 Plutonium -239 Plutonium -240 Plutonium -241 Americium -241 Americium -243 Q Products: 10.72 y 392 5.27 d 186,000 /3 28.1 y 141 66.7 h 474,000 8.07 d 123,500 2,500,000 y 0.0008 30.2 y 86.4 285 d 3,182 a 86 y a 24,400 y a 6,580 y l3 13.2 y a 458 y a 7,370 y 0.00000241 0.000000334 17.47 0.0613 0.226 112 3.24 0.200 J Thorium series (4n) :7° . ';e+ ;'Po Neptunium (Np) series (4/1+1) 5 .,c* R.-tt..t Krb+lc Q«wiitl . CRC, 1917 Jr13 ftlaukai (Ill ')o ...maims '°solte ghost it! Tritium is a hydrogen isotope with two neutrons. Tritium has a half-life of about 12.3 years. It decays by beta emission: 6 keV avg., 18 keV max.. There are about 10,000 curies in a gram of tritium, or 3.7 • l0" decays per second per gram. There are about 3.7 * 10" stars in the Milky Way -- a thousand times LESS than the number of decays per second emanating from a single gram of tritium. U.S. nuclear reactors routinely release about a tenth of a gram of tritium every year, but an entire gram might be released in a bad year -- about once per decade per reactor. CANDU reactors release — 20X more tritium than U.S. reactors. And just how much damage can a single one of those 370 trillion (370,000,000,000,000) decays per second do if it occurs inside our bodies? One decay can break your DNA chain and begin a cancer. One gram of H3 would kill you instantly. But a millionth of a gram (370,000,000 decays per second) would kill you pretty quickly, too. The power plants have to dilute it a lot more than that to be allowed to release it. The United States' EPA standard for tritium in drinking water allows 740 nuclear decays per second per liter, Your body has about 40 liters of water, so the EPA thinks that adding a burden of about 30,000 additional nuclear breakdowns PER SECOND to your body -- just from tritium alone -- is PERFECTLY OKAY (but more is not), This compares with 4,400 nuclear breakdowns per second for all 17 milligrams of natural radioactive potassium (K-40) in your body, which doesn't have nearly as many additional effects. Is K-40 dangerous? Yes, a little -- but it's utterly unavoidable, Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 10 150 140 130 120 110 100 90 (4: ) 0 'tr co O CD.Q ai O 11. 10 00 Nuclear fission • Thx3Ueac? foo —40 _>-10 -*o 10; 0 Results Two radioactive fission fragments Ilighter elements), gamma rays, neutrinos, beta particles, and mere neutrons. MASS Mon easiy aasio.ed - t/'rtW, Ptr•"... -Atomic • Energy Potential •�ti4' • e, • Liquid drop model of nuclear fission iip ice-•,* til IC) u) Fission products always have too many neutrons to be stable. 100-44 • I11 Chain Reaction Fission Fragment Initial Neutron Unreacted fissionable& and neutron. activated •synthetic• • 5i .Io.ables, e.g. Um -41-P• is ▪ - 4 215 MeV • Eac.s. Fission Fragment Fission' raw neutron., half life -12 min. Heavy, but not as easily flaalomW - Tbm, Ua'... • • • • , Fusion "f Nr► - •17.5 rev Unchanged ` heavy Isotopes 5 it -1 CP • U, � and • • • radiation • • • Fission products, w • • Structural steel, •.g. Se*, Xe'., Ste. • • • 5 shielding, etc. • • • • e • • Neutron activation u 416 Now radioactive •ti. os .r Nwtrona Elapsed Time How reactors aibr•ed' 0 Pu&U Raskin Lim, Products us" it u'" f Pa'"ve, 5.t. Decay Seta *coy pu • s The nucleus occupies one ten -billionth of an atom's volume. M• Electrons orbit 4 around the nucleus. in mostly empty space. 1. • s 4 At least 400 different 2 tsotopes are created N�j1 in an atomic 1 , , r explosion. Binding energy per nucleon vs. mass Fe v f' L Pap D R r, o w. N Na a • • AV- 4.1147ft, isir O O �0 4� o Tyyi mass-yieldeld curves for the two main fragments of a nuclear fission event 11 111 NI", a member of the "iron group," Is the most tightly bound. Binding energy In the N&on group" le about 8.8 MeV per nuCieon. Elements heavier than iron can release energy by nuclear fission. yNld from nuclear fusion 4, The average mass of fission fragments Is about 118 Atomic Unita. Mass Number, Atomic Units 200 In typical power plant reactors, moderators slow the neutrons. In "breeder" reactors, however, fast neutrons are used to produce Pu Sustaining a chain reaction arm ,r requires a delicate balance of forces... An early (1956) chart a Fizzle of the isotopes showing the "stability curve" green = stable (natural) purple = radioactive (natural) red = radioactive fission and activation products (man-made) (About 2,000 more red Isotopes have been identified.) Subcrltical y n t 10 1 4 MIrIs OF SSNS*ATIONS IN A y1Nd frest nuclear fission U2" decay chain =IL ..dlde Irsolus2I6 a 5m,r.274 A a a a a a a A a • • • • t.ttf•ala 4.47X10' win 24.1 dun protte*Ww234 0.69 how• 2.456 X 101 razz 7.54%101)44n 1590 Min 3 823 dart 3.04 walks 289 nista 19.r 'insist 1.537 X 104 Nowa 22.8 yaw 5.0 days 136.4 day' 1a6206 subs 10 Z. Atomic Number (#1of protons)' —* r ) Designed, written, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 11 • mu ■ little the exact • Is u511elly• humella saddle. •, 11 111 NI", a member of the "iron group," Is the most tightly bound. Binding energy In the N&on group" le about 8.8 MeV per nuCieon. Elements heavier than iron can release energy by nuclear fission. yNld from nuclear fusion 4, The average mass of fission fragments Is about 118 Atomic Unita. Mass Number, Atomic Units 200 In typical power plant reactors, moderators slow the neutrons. In "breeder" reactors, however, fast neutrons are used to produce Pu Sustaining a chain reaction arm ,r requires a delicate balance of forces... An early (1956) chart a Fizzle of the isotopes showing the "stability curve" green = stable (natural) purple = radioactive (natural) red = radioactive fission and activation products (man-made) (About 2,000 more red Isotopes have been identified.) Subcrltical y n t 10 1 4 MIrIs OF SSNS*ATIONS IN A y1Nd frest nuclear fission U2" decay chain =IL ..dlde Irsolus2I6 a 5m,r.274 A a a a a a a A a • • • • t.ttf•ala 4.47X10' win 24.1 dun protte*Ww234 0.69 how• 2.456 X 101 razz 7.54%101)44n 1590 Min 3 823 dart 3.04 walks 289 nista 19.r 'insist 1.537 X 104 Nowa 22.8 yaw 5.0 days 136.4 day' 1a6206 subs 10 Z. Atomic Number (#1of protons)' —* r ) Designed, written, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 11 • • Steps in the Nuclear Pirocess Prospecting for Uranium Ore Uranium is a plentiful metal, found in dozens of countries, but high-grade ore is much more rare — and costly. Mining the Uranium Ore .ifining uranium ore is dirty and carbon -intensive. It often involves some amount of "environmental racism," too. Milling to U3O8 ("yellowcake") There are several dozen uranium mills in the U.S.. Each leaves enormous piles 41100 of radioactive "tailings." Conversion to UF6 ("hex") A very dirty step in the process. Currently there is only one facility in the U.S., in Metropolis, IL. U233 Enrichment w' Another very dirty step in the process. Of three facilities in the U.S., only Paduca, ICY operates. But AREVA wants 10 build another. Fuel / Bomb Fabrication Natural uranium is —0.7% Ut3-, -99.3% U238, and a little Ut34, too. Most nuclear power reactors and all atomic bombs require Utas enrichment. The remaining "depleted" uranium is —99.5% U2'8, with from 0.2% to 0.4% U2". DU is used by the U.S. military for shells, missiles, bombs, armor, and counterweights. DU is pyrophoric, so on impact, DU projectiles usually burst into flame, producing radioactive poisonous plumes of extremely fine aerosols, nanoparticles, and dust. Nuclear reactors and atomic bombs create new radioactive elements, including Put39. Isotopes such as Ce137 and Sr" can bioaccumulate in living organisms, multiplying their dangers tens of thousands of times. Nuclear reactors release radioactive poisons to the environment continuously. Used nuclear reactor cores are lethal for millions of years. There is no safe, cost-effective storage or transportation solution. The nuclear industry is very profitable for the corporations. Most costs are paid later, by victims (incl. industry workers) of radioactive pollution. The taxpayer (YOU!) pays many of the "up -front" costs. Government enthusiastically licenses each step AND prevents true public scrutiny by sealing virtually all records of accidents, leaks, etc.. Opportunities to lie, falsify records, cover things up, etc., are taken with frightening regularity. DU storage containers DUile�� '1711 projectiles "Fat Man" -- destroyed Nagasaki Reactors / Bombs Naval Propulsion DU armor 10,000 nucl jabout tar bombs arsenal. 104 U.S. reactors Spent Fuel Pools "Trinity" at 0.034 seconds Most pools are so full they are triple -racked; Total: About 60,000 tons (as of 2008). Dry Storage Casks J_ Tomahawk Cruise Missile Mir 41a a Ala Thousands of Dry Storage Casks are being built across the U.S.. A fraction of one can contaminate a large state. Dry Storage Casks are vulnerable to terrorists (including "inside jobs "), tornados, tsunamis, jets, accidents due to poor construction, etc.. vri Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www,acehoffman.org 12 Slow ao Reactors Work? Nuclear reactors boil water to make money for rsNelrl their owners. Turning a reactor off or on is complex and costly. 1/3 of the fuel is replaced about every 18 months to two years. When the fuel goes into the reactor, it is "mildly" radioactive. When it comes out, it is wildly radioactive -- expensive to handle and very dangerot4:_glik releasing decay heat for many millennia. Radioactive activation isotopes are created in the fuel rods, in the coolant water, throughout the building, and in the workers at the plants. Nuclear industry workers are burdened with about five times more radiation than the general public. Vents prevent build-up of radioactive gases inside the plant. 1. 41 IP 1 AILloy Bolling Water Reactor (BWR) hMi.er and ametrr Whim raid OMNI Hien hi,elsr Mill Wit WM u tlldhl�ferre IYFIm /tilt •leripOtret —� .mIU/ WWI Pei hd - iMRt Fuel '. erMw arguer Mmes hector Con (WWI lisir Matte Caaiwt r --Mod& serene rl 0 Mat the iiiiatiatub Curve 0.1 Produet (applies to my largo and complex engineering proJ.et) A. c it ?gets wear, reeris he-ew e t . carlflwrowt, Marl radtatie*, t reirgalm kart .a.1 1114144 1".5' ether ./jig, auks time tag Ma pagan. nod tel' ' iacreaser._ t owest rag 1n.,w. "Nerrxwl Time 6The most intolerable reactor of all may be one which 1 comes successfully to the end of its planned life having produced mountains of radioactive waste for which there Is no disposal safe from earthquake damage or sabotage." A. Stanley Thompson, early -era nuclear physicist and author of a college textbook on reactor technology, then later, the author of a book explaining the dangers of runaway power fluctuations f Pressurized Water Reactor (PWR) • PRIpuRIZSR TURIIM .ENEINAVOR CONTROL RS E balmily kw Iw alit Pamarr..R AIRwIR. Wm" 17" it Nein agigrwr *imp h'd"t"InCgrbggr Ale Remws '-list Cabe bele end Piaui! looker Ues Note the location of the BWR's spent fuel pool -- above the reactor! BWRs arc generally older, Tess reliable, and Tess efficient than PWRs. About one third of U.S. reactors are BWRs. The rest are PWRs. BWR Reactor Pressure Vessel (RPV) with main circulation paths, control rods, and connections Pressure Vessel —152 mm thick Steam - Separators Downcomers Core Steam Dryer Steam to Turbines Feedwater from Condensers -156 tons of 1.-O7 Control rods 1 Uper le um =-- Core Shroud Jet pumps Recirculating pumps Lower Plenum PUMP CONDENSER MG REACTOR WATER PUMP ®CNEER WATER STIAM ERI COOLING WATER PNIP. cceaa IAP11, _nt nai To prevent boiling, the pressure in the primate coolant loop of a PWR is -2200 to -2300 P.S.1.. Steam generators contain thousands of individual tubes for heat exchange. About 1,000,000 gallons per minute is drawn from the local water source, heated, and irradiated. PWR Reactor Pressure Vessel (RPV) with steam generators (4), primary coolant loop, pump s(4), and pressurizer Steam steam Outlet Generators (4) �l (to Turbine) Pressurizer (1) ,/materiel Venial/A' of these Images are available at the amelror Y 'orb site. Based ex lndasny and gorernwe,J draw•Lrdz Reed Water Inlet Worn Condenser) Reactor Cors Other ores of reactors inchede CANDI , Breeder, Ligaid Metal, etc.. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 13 HOW A MELTDOWN OCCURS 1 Meltdown begins when fuel rods ars exposed by loss of water In reactor. 2 Extremely high heat develops. TM reactor's uranium rocs goes Into uncontrolled reaction 1.1 and the core melts. CONTAINMENT STRUCTURE 3Th■ mass of radioactive molten metal burns through protective devices of containment structure and enters earth. •A Lace 01 Coolant Accident (LOCA) can also result In core melt without en Increase In reactivity. and reactivity can run away without . LOCA. Steam rises to the surface carrying radiation cloud. Meat hits the water table and steam develops 4dgrtdfrom lridgrport ICT) Post. Mwr,W.Itlf APLifarphol. In 1979, the new Three Mile Island reactor partially melted down. The 'root cause" was determined to be mainly human error. An estimated 15 million Curies of radiation was released, but numerous measuring devices failed during the crisis. In 1986. technicians at the Chernoby reactor tried an unauthorized experiment, without proper safety equipment on-line. An explosion of the hydrogen and oxygen that had built-up occurred, as well as a partial core melt. An estimated ten billion Curies of radiation was released. Thyroid cancer rates In surrounding areas are dozens of times normal, and many other cancer rates are also elevated. In 2002. more proof of the nuclear Industry's 'failure - to -learn' came when the Davis -Besse reactor (in Ohio) nearly melted down. Pressure from the 2200 PS primary coolant loop was pushing out the stain ess steel reactor pressure vessel liner when the RPV head's boron corrosion was found. This was hardly D -B's first close call or long shut -down. Reactors contain about 15 billion Curies of radiation. A museum near (but not too near) Chernobyl is dedicated to deformities caused by the accident. Birds fell dead out of the sky, and people collected them from their yards by the bushel -basket after Three Mlle Island. Diagram ofcorrosia hole In Dav1s-aecse reactor ( from N1NS) IS A VO 31,0100 too wd Deformed wing r _ a � 1 Deformed eye Most military nuclear disasters disappear without a visible trace, In the dust of a bomb or the poison from a sunken sub. Chernobyl's human exclusion zone is more than 1200 square miles. The arra was once prime agricultural land: the pride of Ukraine. -- These insects are from a series of technical drawings by Cornelia Hesse -Honegger, showing radiation-induced damage around Chernobyl and other nuclear facilities. Published in New Scientist in 2008. Genetic damage may take many generations to manifest its horrors. SIM UMW w ifirttadite (Gwv) According to an infamous 1982 government study known as CRAC-2, a reactor meltdown cars be expected for every 20.000 years of accumulated operation Khats an average of one meltdown every 192 years in'Ahierica, with 104 ) reactors. However, CRAC-2ignored or underestimated,the risk of scores of ,l meltdown causes, such as' Emergency Core Coolant System (ECCS) failure; including ECCS failure aftershutdown. The'NRC 'still will not even attempt to quantify the risk from terrorism! nor does it properly quantify other risks. Since CRAG 2 was released, nuclear reactors have aged, fuel pools have fi Iled,J dry casks have been built, and populations near the plants have skyrocketed. _ Much of the Chernobyl reactor was "missing" after the accident! Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 14 WN*T's Woisi THAN w MUITP0wN? w SPENT FUEL P001. FIRM How could this be worse than a meltdown? Because there is often 30 or 40 times MORE fuel in the pools than in the reactor. A significant portion of the full load of many of the most dangerous fission products still remains in the fuel. The zirconium cladding of the fuel pellets is pyrophoric. The pools are over- crowded and, in the case of some older BWRs (the General Electric Mark Is, for instance), the pools are five stories above the ground -- and protected from airplanes by a corrugated steel roof! This is worse than unsafe. It's criminally negligent. Too bad there aren't any solutions that are much better. t - *We 411131-41* t / II4pos M Limit �Il LMS w STIAM IXPioUoN WITN w ZuRcoNluM FIRS AND /ORA Common's CORI RUmmIIZ*TION ISFSIs Independent Spent Fuel Storage Installations Sauer: NMC, ]III A PRY C*sN FIRS Dry casks were invented because spent fuel pools are expensive to maintain and take up a lot of space. Dry casks look harmless enough. Some are built vertically, some in a horizontal configuration, which just shows that the nuclear industry doesn't have a clue as to which way is better. However, dry casks are inherently more dangerous than spent fuel pools for several reasons: The zirconium will be exposed to air in virtually any accident since the fuel is not in water, and does not have 30 feet of water above it. Also, the fuel rods cannot be inspected as easily, or removed for special handling if they are found to be flawed. A single dry cask contains enough poisons to cause the permanent evacuation of a large state, such as Pennsylvania, or virtually all of New England. But evacuation will always come too late for many -- millions could be killed if an airplane were to crash into a series of dry casks, and half of America could be rendered uninhabitable. One of these days, inevitably, a dry cask will be ignited, because there is no end to how many of these there will be -- dozens now, and within a decade several hundred. Then thousands, and then tens of thousands. The more opportunities there are for that "one in a million" (which often isn't anwhere near that rare) accident to happen, the more likely it is to happen. The NRC has what they call the "design basis accident" and this scenario doesn't fall within those specifications. Does that mean it's impossible? Absolutely not! All it means is that at some time in the distant past, some government committee decided that the likelihood of such an accident was below one in one million, or perhaps one in ten million. The scientific basis for their decision is unavailable to anyone and was probably not properly documented to begin with. But the ramifications are devastating. Any time these seemingly -Rube Goldberg-ish (to the NRC) but utterly plausible accidents are brought up by a citizen, the NRC says they are "outside the design basis accident" which, for some reason, means they will not be discussed. Try it. You'll see. Yet, all actual near -misses in the past were later determined to have come as a "complete" surprise... 111t44 LIID TO Once you've lost the truth, there is no hope for anything else going your way. Lies can be built on other lies, compounding the problem. The nuclear industry is not known for honesty, and never will be. Yet honesty is a fundamental principle of democracy and of fair commerce and proper science. ALL OP THI *0VI A meltdown can cause a spent fuel pool fire, a dry cask fire, the rubblization of the core, and the meltdown of other nearby nuclear power plants. And all this will be followed by lies. Lots and lots of lies. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 15 'WHAT EL3E CAN (AND DOES) 60 WFtON67 Lax Security Sleeping on the job and falsifying records are recurrent themes among the security teams at nuclear power plants. The job is boring, the pay is low, the hours are bad, and if anything ever DOES go wrong, you'll probably be overwhelmed with "superior" forces and killed anyway. So why bother doing a good job? `Inside Jobs' The average nuclear power plant has about 1500 employees. Some are alcoholics, some are on unprescribed medications, some are on prescribed medications that cause mood swings the Nuclear Regulatory Commission has ignored. Some are improperly cleared foreign nationals. Staffing Problems The shortage of qualified workers at nuclear power plants is severe and will likely remain so forever. Why? That's simple enough to understand -- most people are smart enough not to want to go into a field which is so dangerous, so disliked, and so ruthless and dishonest. Radioactive Drinking Fountains A nuclear power plant in Florida had a drinking fountain which dispensed water from a radioactive holding tank, because the pipes had been crossed when the plant was built. Luckily, someone with a Geiger counter just happened to test the water. Lax Maintenance The basic attitude at all nuclear power plants these days is "if it hasn't broken yet, don't fix it." Pumps, pipes, valves, vessels, control cables, instrumentation, and everything else that can fail is allowed to, and then fixed afterwards. Riots, floods, tsunamis, earthquakes, asteroids, wars, tornados, airplane crashes, nearby chemical explosions, wildfires, avalanches, space weapons malfunctions The nuclear industry considers everything they can't control (and many things they can but which they consider too expensive) to be so unlikely as to not be worthy of serious consideration. Airplane strikes like we saw on 9-11? No worries -- the TSA will keep the skies terrorist -free forever! The nuclear industry assumes everyone is perfect -- and equipped with the proper tools. Lax Fire Safety For at least four years, the fire records at San Onofre Nuclear Generating Station in Southern California were faked, and the inspection rounds were not performed. This was AFTER 9-11. Did anyone go to jail for this violation? Oh, come on! Not a chance! Hidden Design Flaws The Emergency Core Cooling System is a nuclear power plant's final backup before meltdown. Some plants even maintain thousands of large buckets of ice "just in case." None of these systems have ever been properly tested. One ECCS, for the Monticello nuclear power plant, was found to be inoperable for 30 years, because shipping bolts had been left on during initial installation. It NEVER would have worked! Lax Overnite The Nuclear Reguatory Commission cannot watch everything that happens at a nuclear power plant, so they rely on industry to police itself. Industry loves this, since it means they don't have to do anything. `We're working on it' Go ahead. Complain all you want. But even if your complaint is so ironclad that even the NRC cannot entirely dismiss it, the best you can ever expect is to be told they are aware of the issue and are working on a solution. And that can go on for decades. Information Overload The situation in the control room of a nuclear power plant can go from normal to meltdown in a fraction of a second, When problems start, panic among the workers -- even if they are highly trained -- can cause them to make bad decisions, or fail to make decisions at all. Lax Safety Standards This pilot was grounded for 30 days after pulling this "stunt" near the nuclear aircraft carrier J.C. Stennis. He reportedly likes the picture and thinks it was "worth it." This "cowboy" attitude is especially pervasive among nuclear workers. No One Understands How The Things Work Nuclear power plants are complicated and require tens of thousands of "man-years" to complete. At that point, there is not one person who understands the entire plant, then the best experts start retiring. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 16 • a 0�? gar Shown on the right are "wind roses" from typical Environmental Impact Reports. But, when evaluating the costs of nuclear power, no state environmental agency will consider the effects of meltdowns, including where a meltdown's deadly r plume will travel. "Not our jurisdiction" they'll claim, saying only the Federal Nuclear Regulatory Commission or Department of Energy have any authority over "safety." State agencies are only too happy and quick to give up authority over things they don't understand very well anyway. MC/4G4N Or ior- -. far • Source: Radiation Protection: A Guide for Scientists and Physkians, 3rd Ed., by Jacob Shapiro, pg 419, Harvard Urlversity Press, MA, 1972, 1981, 1990 (According to the caption, the 'dens! source was OTA, 1979.) WEST vwGMw4 The map in the lower -right shows plumes from potential attacks on our reactors and fuel reprocessing plants. Dose rates are shown in the inset. Reactors now store much more fuel than the assumed ten years' worth. The map is from: Nuclear Power Plants as Weapons of the Enemy: An Unrecognized Military Peril by Bennett Ramberg, Univ. of CA Press, 1980, original source: Chester & Chester, 'Civil Defense Implications for the U.S- Nuclear Power Industry," p. 334. bOTL DM drab M ~dm Inm bili 9•1 mini m. _On the left is a "typical" plume from a one megaton nuclear explosion. The plume stretches from Detroit, MI ("Ground Zero") to beyond Pittsburgh, PA. The graphic assumes a uniform 15 -mph northwest wind. Contour lines show the one-week accumulated dose of 3000, 900, 300, and 90 rem (assuming no shielding). Below, again, is a typical bomb plume (area "A"). Area "B" is the expected plume from a nuclear attack against a nuclear power plant. A standard evacuation planning area for a nuclear power plant, however, is only 10 miles in radius. Source: Environmental Consequences of Nuclear War, SCOPE 28, VoL 1, Physical and Atmospherk Effects, god Ed., pg 271, Scientific Committee on Problems in the Environment, John Wiley & Sons, 1985, 1989. LEGEND .... Light Immiscible Plume _._ Main Plume -- Heavy Immiscible Plume -2- Top of Water Table (Plezometrlc Surface) The graphic on the left shows typical ground contamination. Radioactive contamination -- or any contamination -- in our water system is nearly impossible to remove. Our aquifers, farmland, lakes and rivers are all at great risk of destruction from nuclear accidents. Many are already contaminated. Source for diagram on the left: The American West at Risk (2008) p. 362, originally based on U.S.EPA 1985 Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 17 NFU CLEAR • WASTE. Y© UR t1 1 • To Tomo RROW If you thought your share of the "national debt" was big (and it is), your share of the fission burden on this earth is more dangerous to the future than your debt. After all, a debt can be wiped out with a pen. But nuclear waste is the gift that keeps on sucking your money and causing cancers, etc.. Some gift! Pro-nukers like to point out the VOLUME of nuclear waste produced in a year for a family of four, which may seem like a small amount -- for example, a beer can, or half a beer can, or something similar. But only a millionth of a gram of many of these fission products is a deadly dose -- and half a beer can could hold hundreds of billions of lethal doses. How many deadly doses are you willing to make, and leave for the future, each day, just so you can power your lights one way, instead of a safer way? Radioactive poisons are stealthy: INVISIBLE, DIFFICULT to CONTAIN, and COSTLY to ISOLATE. Even if you reprocess the waste to use more of the U23s and Pu239, you'll still have no use for virtually all the thousands of other radioactive isotopes which are created, and which remain hazardous for thousands of years. The most polluted, poisonous places on earth are the nuclear wastelands such as Hanford, the Nevada Test Site, the Savannah River Site, and so on (Russia and other countries have similar areas of devastation). Where will it end? In an unsurvivable global poisoning, or in closing the plants and stopping the failed "experiment"? YOU will decide: CHOOSE A SUSTAINABLE FUTURE! An estimated $60 Billion dollars have been put into finding a solution so far, and NOTHING'S WORKED. This should come as no surprise to anyone who has studied the problem carefully, since radiation destroys any container you put it in, and since a wide variety of decay rates and all possible types of radiation, at all possible energy levels, result from the fission process. You cannot store nuclear waste safely. You cannot transport it safely. You cannot reprocess it safely, and there is no good reason to reprocess it anyway, since ALL the reactors should be shut off, forever. IfGesTTOf TOXICITY OF vaQlous componenTs 12 Total waste OF numeaR wasTe to LOsaRITNtfle mna scats y 8 O 1, ▪ b 4 Pay2 0 Actinides Natural Uranium P utonium Strontium UneOnC 1000 10,000 100.000 decade ,rnury Time (years after reprocessing) one 1rn million million Yrs Yrs Searee: EAU 1878 Cesium", if shown, would have a similar curve to the Strontium" curve. Other shorter -lived isotopes would have curves that drop off more steeply. The seven fission products with half-lives >200,000 years don't seem to appear at all in the graphic above, but they are polluting our planet (and our bodies) in ever-increasing amounts. The ignoble Techretism-99, Thi -126, Sekwirar-79, Zirconirrr-93, seven: Cesixer-135, PelladiN,e-187, Iodine -129 CHEIV110111YL RaDmeTlon Doses come External gamma elate for a person is the open near the Chernobyl ,rite. Firs! 10,000 days 1 rat 104 U .r /OM T. (dup. - +...+urn ,r. •..rt one sap lova )anD anoTHeR .w Radiation Dots Rua to Air • by Percentage ea sr M .na.j First 10,000 days ee.a. -war v. w fro .rr Tr. (r.v. - rgmrr., am. wart Sarre far reeve Ioaga: 11914aaa„ letq arm, anoTHeR , ano anoTHeR...) The nuclear waste control idea shown here didn't work, and nor did anything else ever proposed by anyone. Do YOU have ANY idea about what to do with nuclear waste? Someone will say your idea is going to solve the problem, and the industry will continue for a few more decades. No matter how stupid your idea is, or how unworkable, and even if it was tried years earlier and didn't work. In that case, just give it a new name. And of course, you'll be well-paid for your efforts. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 18 • • Act L©Et 09m lnSured. RIQht? (unless you own the nuke plant) Iead Isir lloieoner'i Iuurallce Policy! In the 1950s the nuclear industry just wasn't getting started. Try as they might, the U.S. government could not get investors to pay for new nuclear power plants, because investors couldn't get insurance for their investments. So the utilities and government formed a collusion to simply DENY insurance by PRETENDING to self -insure themselves. And thus, the PRICE -ANDERSON ACT was formulated and passed. The capitalist system was thrown out the back door, on the grounds that nuclear power was simply too new for any insurance company to have enough faith in it. It didn't occur to the government (let alone, to the fledgling nuclear industry) that insurance companies would have been perfectly willing to insure the plants if only they could have been proven safe. Can't get insurance? That means you're doing something which is too risky, or even simply foolish. Nuclear plants stilt can't get insurance, and we still have Price -Anderson, which has been periodically (and idiotically) renewed. It is a unique situation: Namely, the COST of a potential accident would bankrupt even the largest insurance company. On this, there is little disagreement. After a nuclear accident do not expect more than a hundredth of a cent on the dollar for your losses. And then, only if you can PROVE incontrovertably that there was DIRECT damage from the accident. look for Ike i aka 'Wear ed:. ¶©f a 11 4 k 1 7 All countries operating nuclear power plants have adopted some form of the U.S.'s Price -Anderson Act. But at least OSHA and other federal agencies are protecting workers and the public, right? OSHA and many other federal watchdog agencies were pushed out of nuclear power plant regulation long ago. The Nuclear Regulatory Commission (NRC) takes on ALL the regulatory activities at nuclear facilities -- not JUST the nuclear side of regulating the power plants. This is extremely unusual, and has helped destroy the normal "checks and balances" of government regulation (which is as much about protecting against corruption IN goverment as it is about using the government to protect the public from illegal private enterprises). That huge overhead crane in the containment dome? OSHA, which regulates virtually every other crane in the country, doesn't regulate it. What about local and state agencies? Aren't they helping to protect the p blic from harm? State agencies were so quick to abdicate their responsibilities and authories in the field of nuclear, that nobody noticed such abdication was illegal, immoral, and unjustified. But there it is. More than 30 states signed "Abdication of Responsibility" agreements (they are now known formally simply as "agreement States") so that people opposing nuclear power could NOT turn to ANY state agency, EVER, for relief or to insist on proper regulation. So, once a year the Feds (NRC) sweep through town, listen to a few citizens complain (NOT UNDER OATH) and promise (NOT UNDER OATH) to get back to the citizens soon, but they never get back on ANY hard question, ever. Written, designed. and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 19 May be freely copied Visible fit Immediate 4,f ., , Effects Damage A Japanese female noncombatant victim of the atomic bomb, 1945. The pattern of her dress has been etched into her skin by the intensity of the blast. She received alpha, beta, gamma, and neutron radiations, as well as thermal radiation, pressure blasts, and debris injuries, followed by intense thirst and anguish. Radiation doses of 600 rem are almost always fatal within two weeks. Lower doses can also be fatal, although very low doses will not show an immediate effect, except in the case of causing a heart attack by fizzling the heart's electrical system at a vulnerable moment or due to an existing weakness of that person's heart. Child's feet after radiation burns from Bikini test Bikini baby's hair falling out after irradiation from bomb test 1 Of Radiation Delayed Damage In November, 2006, KGB whistleblower Alexander Litvinenko, who had defected to the United Kingdom and been granted U.K. citizenship, was poisoned in London with Po='", apparently by his former employers. Pon" has a half-life of 138 days. Less than a millionth of a gram caused his organs to shut down, one by one, and he died within a few weeks. A hero's dying words: "The bastards got me, but they won't get everybody." Radiation damage causes cancer, leukemia, birth defects, heart disease, and many other health effects. Damage can take many years or many generations to show up. One gamma ray can damage a pregnant woman, her fetus, and the fetus's own forming egg cells, thereby damaging three generations of human life with one radioactive decay event. New Symbol for Ionizing Radiation Danger LD50 As with many pollutants, it is difficult, and, surprisingly, not especially useful, to find an exact value for a 100% "lethal dose." So in radiation research, and elsewhere, scientists often search for the dose which will be a lethal dose (LD) to 50% of a given population. While claiming to give humane treatment to all animals, the Atomic Energy Commission (AEC, forerunner of the DOE and NRC) and all the other radiation labs actually performed / perform countless cruel (and crude) experiments -- sometimes on humans -- but mostly on millions of mammals, birds, lizards, fish, crustacea, and hundreds of millions of insects. This picture is of beagles arriving in their "new" home. They are happy now... Marshallese Islands Deformed Child 'ANY DOSE Categories • • of !Moen .., (over 1150).' • pubY4.Yd ' T John W. Gofntmt No Safe Atomic bomb veteran's daughter — on oxygen Dose IS AN OVERDOSE' -- JOHN W. GOFMAN Lipoproteins. atherosclerosis. and coronary bean disease. Ultnacenatfugal d,scovery and analysis of the serum lipoproteins Characteriranon of familial lipoprotein disorders. The determination of trace elemenv by X.ray spectrochemtul analysts The relauonshtp of human chromosomes to cancer The biological and medical effects of ionizing radiation, with particular reference to cancer, leukemia, and geneuc diseases. (1916 - 400i' • The lung -carmen kaaard orphttpniunt • Problem associated with nuclear power production. Dr. Gofman's many honors and awards included the Gold -headed Cane Award as a graduating senior from UC Med. School in 1946, the Modem Medicine Award in 1954 for outstanding contributions to heart disease research, the Lyman Duff Lectureship Award of the American Heart Association in 1965 for research in atherosclerosis and coronary heart disease, the Stouffer Prize (shared) in 1972 for outstanding contributions to research in arteriosclerosis, and in 1974, the American College of Cardiology selection as one of 25 leading researchers in cardiology of the previous quarter century. Gofman was Associate Director of Lawrence Livermore Laboratory from 1963 to 1969 and held three patents. One was on the slow and fast neutron fissionability of Uranium -233, one on the sodium uranyl acetate process for separation of plutonium from uranium and fission products from irradiated fuel, and one on the columbium oxide process for the separation of plutonium from uranium and fission products from irradiated fuel. Written, designed, and colorized by Ace Hoffman (2008) 20 www.acehoffman.org • • Hidden Effects of Radiation Inflammation Your body's ability to repair itself is remarkable, but NOT infinite. Your DNA is most vulnerable during cell division. Inflammation occurs when your body uses its white blood cells and other tools to fight an invading organism or poison. When a cut gets infected or inflamed it is easy to see the effects, but when ionizing radiation damages your body, the effect is not necessarily visible. A person receiving a fatal dose of radiation may feel nothing at the time and show no signs of distress for some period of time after the dosing. So-called low levels of radiation also do the same kind of damage, but not to a fatal degree. However, these doses can cause premature aging, neuromuscular problems, cardiovascular problems, and many other diseases. Leftover / Recoil Damage Tritium (H3) and other radioactive isotopes also cause damage by the recoil of the remaining nucleus after a decay. Additionally, whatever the new element is, it's not the element that might have been part of some complex protein molecule, for instance, or DNA, etc.. A "transcribing T7 RNA polymerase 1nfllation complex" (from LI.NL) Tritium atoms masquerade as common hydrogen atoms, so they might be found anywhere in your body. When the tritium atom decays, it becomes a helium atom, which the body cannot use. aughter Products The chain from U22e to Pb21i can take several different paths... After a radioactive atom decays, it may or may not decay a second time, or more. Each step releases ionizing energy of some sort. How an isotope decays, and what it decays into, must be considered when comparing dangers of various radioactive exposures. 0 Decays by Alpha 0 Decays by Beta i • Stable !wage tearee: Moots A- I Hot Particles 43. Ionization Damage The electron — •, attaches to I / a nearby atom and { t 1 Electron is .(i Ionize* ,1 Own' hVin the Knocked Moth. 0 t• B+tfw r charge. -7 %• t/D. AFTER the \ anginal Incoming .10 Ionized • atom I• or particIS collide• with \ t I / with an electron and 0 r ■ net le probably posfffw deflected. charge. �A. 1 +1 One radioactive decay can create thousands of "pairs" of positive and negative ions. These ions can be very damaging to biological systems. [Nue hem! ill: BS efA Catalytic Damage Q:2 —, P:9 /~•"�0:2i . N:32+ •2�• K:2 K:2 fed 1, The electron stella of a aranfnm atom bold 92 electrons, making U both adaptive and destrrctive. Many radioactive elements are significant catalysts, as well as heavy metal hazards, in addition to their radiological threat. The nuclear process releases these dangerous elements into the environment where they have been shown to mimic hormones in mice, and to cause dozens of serious ailments. Catalytic effects of DU are considered one possible factor in "Gulf War Syndrome." "Free Radical" Damage Three ways to depict the 1120 molecule: A single particle of Depleted Uranium one milligram in size is very small. Many U.S. soldiers, enemy combatants and civilians caught in the crossfire have far more than that lodged in their bodies. Such particles are known as "hot" particles and leave a path of destruction in their wake. Despite DU's long half-life of 4.5 billion years, and its extremely high density, there are still enough atoms of DU in one milligram (about 2,530,000,000,000,000,000) so that more than a million atoms will decay every day. A particularly damaging type of atom or molecule is known as a free radical. A free radical has one or more unpaired electrons. Uranium has four unpaired electrons in its outer shells. The free radical will find an atom which holds its outermost electron Tess tightly, and will grab that electron. Then that atom will be "ionized," and so on down the ladder of energy levels, one atom ionizing another, in a long sequence. When tritium decays, the decayed atom might have been part of a water molecule. The left -over OH molecule is a free radical and is particularly hazardous to living cells because it is a strong oxidizer and can suddenly appear anywhere in the body when created by this method. Bystander Effect When one cell in your body is damaged, the death or altered behavior of that cell can cause other cells to also fail. When mice were irradiated on just the lower half of their bodies, they developed brain tumors. ... !'Rau ARE Jana WW1 RIDDIX AND SUBTLE IVFICTS OP RADIATION POISONING .. . Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 21 i • arm 122ESE. Ionizing radiation (even a so-called "weak" beta decay) has enough energy to break thousands of chemical bonds in your body, or in other structures. Sometimes the body can repair direct DNA damage, but sometimes repairs are incomplete or produce cancerous results. lel ANY AIM �P,II During the life of a cell, it performs tens of thousands of functions (e.g., making proteins and other molecular building blocks of life, filtering crud out of, or nutrients into, your body, etc., etc.). In some cases, it does these things thousands of times every second. Short-lived cells may have thousands of generations of daughter cells during your lifetime, and many opportunities for altered DNA to express itself (e.g., cancer). Lifespans of Various Human Cells Neurons, Heart Muscle, Renal Glomeruli, Lena of Eye_.. Gut Muscle lone Pancreas cella Hepatocyte (liver) sell. Rad blood cell* Endothelial cells Macrophages Lymphocytes Skin epiderma! cells Taste Duds Granulocytes Platelets (normal) Platelets (Iron a trenalualon) Colon call. Sperm call■ Stomach 'Ming cells Granulocytes (during an Infection) Splthella (Inner lining) of email intestine 1 weak 1 month 1 ya.ir 1 decade 1 century r day 10 100 1,000 10,000 days days days days Logarithmic time scale Mitochondrial DNA is inherited much more directly than "normal" or nuclear DNA -- and damage is more likely to be permanent. Unlike nuclear DNA, mitochondrial DNA is NOT recreated every generation from the DNA strands of two different people, with the opportunity that gives for repair. Mitochondrial DNA is inherited directly from the mother, and then replicated thousands of trillions of times, and then one cell's mitochondrial DNA is passed on to the next generation. Also, mitochondrial DNA is not as protected within the individual cell as is nuclear DNA. Lastly, mitochondrial DNA is the "workhorse DNA," responsible for much of the activities of the cell, while the nuclear DNA is mainly for cellular reproduction. Because of its frequent use, damaging mitochondrial DNA can cause immediate, if subtle, effects. DNA Damage Theerelr N®THIN and Radiation: slitesk Your DNA strands -- all 100,000,000,000 of them (more exactly, between 10 trillion and 100 trillion, with 100 trillion the more commonly seen number) -- are each about four billion (4,000,000,000) bits long in a base four system. No one knows why, when sperm meets egg and their DNA join, a particular part of "A" is taken and a particular part of "B" is taken. But it is known that the number of possible combinations probably exceeds the number of atoms in the known universe. (The author writes "probably" because it is possible that many combinations are impossible. But even so, the number of possibilities so greatly exceeds the number of humans that will ever live, that you can rest assured that your DNA is, and always will be, yours and only yours -- even as it changes and diverges throughout your life). Other forms of replication, besides the joining of two DNA strands, also do not need random mutation to "evolve" -- and in fact, "evolving" does not seem to be the grand design of most life forms. (It just happens.) Nowhere in this scheme of things is there room for, ora need for, DNA damage by radiation. DNA replication in the thermal bath of life -- with all the other assaults (chemical, viral, bacterial, etc.) which all life must endure -- is a bit of a miracle. It does not need ANY amount of damage done to it by ionizing radiation. An enormous amount of variation is already inevitable, and variation is of questionable benefit, anyway. So the one last hope of the pro-nukers, that at least "natural, background radiation" is necessary for our DNA to "evolve," is dashed, without the need to resort to any religious arguments whatsoever. • Out of respect, let us not ignore the religious arguments against ionizing radiation. if God made us in His image, then randomly damaging His image delivery system is blasphemous, dangerous, irreverent, and rude. Chaos rules regarding nuclear decay, whereas direction -- a positive direction -- ES God's will. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 22 • • How Can 1 Prolsct MysIf And My Fomily? Staying Out of the Danger Zone AMY Square Law 11 114 114 All other things being equal, doubling the distance front a point source of radiation will quarter the dose received, following the standard equations for the increasing area of a sphere. To calculate the damage from an actual radiation exposure, one needs to use the RBE (Relative Biological Equivalent). Multiply the absorbed dose's energy (expressed in grays, for example) by the RBE (aka "Quality" factor, Q) for the type of radiation exposure to get the biological dose equivalent (in sieverts, for this example). The RBE for alpha particles is usually set to 20, while for gamma rays, x-rays, and beta particles it is set to one. For neutrons, it depends on the energy (speed). International Radiation Warning Symbol (Warning: Sign 'soy be sussing.) bon't work for the "Demon Hot Atom" It usually starts either with a job on a submarine, or as a "nuclear engineer." Sounds harmless enough, or even patriotic. BUT IT ISN'T. If you feel compelled to study radiation, study the harm it causes. Study nuclear waste disposal. Or study medical uses, or even nuclear particle physics. But not "reactors." Eat right, exercise, don't smoke Staying healthy protects you in many ways. Tobacco smoke contains Targe amounts of Po`'10. Choose non -radioactive smoke detectors and other options In normal everyday life, you seldom get options regarding nuclear choices, but you have a few. Choose non -irradiated food, non -radioactive exit signs, non -radioactive gun sights, etc. etc. etc.. Avoid unnecessary x-rays and other radiological procedures When you need an x-ray, get an x-ray. But if you fall asleep during a CT -SCAN, which is not uncommon, they'll simply give you another. This will double your dose and at least double your risk. If you break a bone, they will often take 10 or more x-rays for a simple, easily -set fracture. Serial ultrasounds provide a better baseline than mammograms and are completely safe. Always ask: "Is there a nonradiological option?" &et a radiation detector Everyone should have one (or more) and online, real-time data should always be available to everyone. Keychain models are comforting (the author owns one), but the most accurate and useful detectors are quite expensive. But even an inexpensive one might give you a vital early warning -- and a more honest value than you will get from anyone else. Don't live near a nuclear power plant Scientists have written peer-reviewed ("vetted") reports showing the dangers of living near an operating nuclear power plant -- one that hasn't melted down. Published in peer-reviewed scientific journals are data showing increases in cancer and prenatal mortality in those living in proximity to nuclear power plants, but more importantly, there was an improvement in both parameters when local nuclear power plants were shut down. (Mangano, Sherman) Keep KI handy If taken early enough KI will prevent your body from taking up radioactive iodine after a meltdown or other radioactive release. Some states stock K1, but it will be too late if you don't own it yourself. (Do not take KI unless instructed by authorities.) Take anti -oxidants every day Damage from radiation comes in part from "free radicals," ionized particles with unpaired electrons. Each radioactive decay can create thousands of free radicals and other hazardous elements and molecules. Anti -oxidants, such as vitamins C and E, help your body deal with free radicals and other problems. So take your vitamins. Change the Taws Local, state, and federal laws rekarding nuclear issues are missing, illogical, unconstitutional, ambiguous, irrational, and / or criminally negligent and immoral. You CAN'T Radiation is odorless, colorless, and tasteless -- truly stealth. That is why good policies are our best hope. Written, designed, and colorized by Ace Hoffman (2008) 23 May be freely copied www.acehoffman.org • • An Znthz.tzy is Deni1 To be a pronuker, you must be willing to Ignore obvious facts. You must be comfortable denying well-established scientific truths. You must be unable to follow simple logic, and unwilling to doubt your own opinion. You must be willing to abuse the public trust, and, perhaps most of all, you must be willing to make money from the death and suffering of others. Here are some of the many thousands of issues which pro-nukers are unable to face properly: Hormesis (the idea that a little radiation is good for you) The main government scientific body concerning radiation and human health, known as the BEIR committee VII (Biological Effects of Ionizing Radiation VII) confirmed -- AGAIN -- the LNT (Linear, No Threshold) theory, and -- AGAIN -- could find no basis for the theory of Hormesis. What few tests have shown any trends towards Hormesis have been small, short, and looked only at a few of the many health effects of radiation poisoning. Nukes can provide electricity that is "too cheap to meter An infamous claim made in 1954 by then -chairman of the Atomic Energy Commission Lewis Strauss to the National Association of Science Writers, who for years thereafter apparently believed it would come to pass. In fact, it never came close. Nuclear power plants have to heat water, convert it to steam, turn a turbine, condense the water, store the waste, prevent meltdowns, and have a staff of about 1500 people per reactor. It's not efficient, and never can be. Renewable energy systems often are completely passive after installation, making them models of efficiency and reliability. Legal releases of radiation are safe' All nuclear operations leak radioactivity into the environment. And for this, the industry has ALARA, which stands for As Low As Reasonably Achievable. ALARA is, in effect, a license to murder. They are allowed to release as much as necessary for them to continue operations in a cost-effective and efficient manner. Does such a philosophy of operation say anything about how much damage the released radiation can do? NO! NOT A WORD' Actual amounts allowed under ALARA vary greatly: Sometimes thousands of curies, sometimes thousandths OF a curie. But in neither case is your safety paramount. The successful operation of the industry is paramount. Nuclear energy was democratically chosen by the people The people have never "chosen" nukes, and millions have marched, signed petitions, and risked being arrested during peaceful protests to try to stop nukes. First there was the "Atoms for Peace" program. Then there was Shippingport (in 1957) and other "loss -leaders" which pretended to be successes while covering up numerous leaks, near -misses, and cost over -runs. Then there were the cries of oil and gas shortages, which always came just when the opponents of nuclear power were making some headway. Nukes create jogs Renewables Anything costing tens of billions of dollars provides jobs. But nuclear jobs are particularly high paying so there are fewer of them per dollar, because they are highly specialized, dangerous, and carry an enormous amount of responsibility. Not everyone working in the industry meets these requirements, by any stretch of the imagination. can't compete They can, in a fair market. But vested interests make money from burning oil, coal, and gas, and from fissioning uranium. People who oppose nuclear power just don't understand how it works If you believe that, I guess you'll believe anything. But more to the point, why not go out and confirm everything you've read here for yourself? There is no need to "believe" anything or anyone. Get the facts and decide for yourself. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 24 • • Thet Future Looks k0iy to Those Who Are aka Tomos tsvet mews vrai be more efficient -- &ad1 safer Tomorrow's nukes -- the ones they really are planning to build if no one stops them -- are NOT models of efficiency and design. They are nothing more than larger and smaller versions of the same old waste - producing devices for boiling water under pressure to produce steam to turn turbines. Even Niels Diaz, former head of the NRC, admitted that there can be no really great efficiency gain until we do away with the turbines, with boiling water (or other fluid), and convert to direct capture of the energy of decay. What he neglected to mention was that we tried that, too. In fact, NASA still uses this method for space probes, the CIA uses it for deep sea, harbor, and spy satellite power sources, and we used it in pacemakers for a while. Tritium -laced exit signs and target graticles also use the energy of decay more -or -less directly. However, direct use of the energy of decay isn't practical on a large-scale, nor is it safe on ANY scale. Nuclear power is inherently unsafe because a small error at any stale can have large consequences. It is the nuclear industry's policy to describe these consequences as unforeseen." solve ''• waits problem eventually No they won't. Don't count on it, don't bet the farm on it, don't bank on it, don't plan the world's energy future on it. Ionizing radiation destroys any container you put it in. There is no chemical bond which can withstand even a thousandth of the typical force of an atomic decay. So building a containment structure is out of the question for this reason alone. If containment doesn't work, what does? They considered everything: Rocketing the waste to the sun, dumping it at sea (still legal in many cases, but it should be completely banned), and they finally decided (at least in America) on this: Drive it 50 miles onto an Indian reservation and dump it. Getting it there is dangerous, storing it there is also dangerous, and reprocessing it is the most dangerous option of all. We are, literally, stuck with it, and it's going to cost us a fortune, year in and year out, for far longer than any human civilization or artifact has survived. By far the best thing to do is to stop making more nuclear waste right now, and forevermore. l u hes can solve slobs! warming Nuclear power plants are part of a cycle that is very fossil -fuel intensive. Worse, the waste will warm the environment and require constant attention (wasting $ and resources) for thousands of generations. Accidents are a constant threat. For every dollar you put into nuclear power, you could buy much more carbon abatement by spending the money on wind, solar, geothermal, or efficiency. So in addition to nuclear's many direct contributions to global warming, spending precious dollars on nuclear gets you much less carbon reduction than if you used that money for clean, safe energy. 0? d©o ° @winch to Bad@f5P pow@P @acntuaily, wY®°D0 ®Xcif 011 Knowing we will run out of oil some day doesn't mean nuclear power is the solution. (It DOES make renewable energy the solution). Uranium like oil, is in short supply worldwide, and, like oil, its price is controlled by cartels. Nuclear power burns fossil fuels during construction, during fuel mining and enrichment, as well as all the fossil fuels burned by the workers (and their families). More fossil fuel is usually burned during shutdowns, too. And if there is an accident or a meltdown, the fossil fuel footprint will be enormous for that, too. Guarding nuclear waste will require a lot of fossil fuel, too. Ihey'll find n cum '©i cancer Cancer is a mutation of a single individual's unique DNA code, causing those cells to mulitply too fast, die too slowly, or grow and die at the normal rate, but grow in place of a vital organ, or crowd one out, and in any case, stop that organ from functioning. Bythe time it is noticeable, cancer usually has many millions of cells, each with their disrupted version ofyourDNA. (The author had bladder cancer in '07.) Unfortunately, there is no reason to believe we will ever "cure" -- let alone prevent many, if not most, cancers. Yet, every pro-nuker believes such a day is just around the corner. And they don't even care if the 'cure" costs thousands of dollars, carries an enormous risk itself, and is painful and debilitating. Even if they found a cure for cancer, to make radiation safe they would also have to find a cure for heart disease, Alzheimer's, leukemia, autism, and hundreds of other diseases WHICH HAVE BEEN LINKED TO RADIATION DAMAGE AS A CAUSE OR ACCELERATOR. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 25 • • MUNI MIMS P11041101111/11 low 1111114WitiMi A pro-nuker tries to make you believe they are right, and thus get you to stop investigating for yourself. They have a number of techniques they use to try to stop all reasonable debate. One of their favorite tactics is to portray the anti-nuker as stupid, ignorant, misguided, or even dishonest. If you believe any of those things, you won't bother to find out if the anti-nuker is right or not. So rather than argue the facts, an argument the pro-nuker cannot win, they will argue absurd secondary issues, or they will simply accuse the other person of being a scaremonger, a "commie," a "Luddite" or worse. RIMMLITY "Anti-nukers think nuclear power plants can blow up just like an atomic bomb — but they can't." There are several realities here. First, most anti-nuclear activists know that there normally isn't enough Um and /or Pu239 in a reactor to make a "nuclear" explosion possible. Second, the first point doesn't really matter, because, in terms of radiological content, a nuclear power plant contains about a thousand times more poison than a nuclear bomb, so the fallout effects would be a thousand times worse if the radioactivity was released. Third, a steam explosion can cause the reactor to explode so violently, the "RPVH" (Reactor Pressure Vessel Head) could be thrown half a mile high. "Anti-nukers are simply anti -technology." Actually, pro-nukers are the ones who are against modern technology! They are against wind power, geothermal power, wave power, atmospheric vortex engines, solar rooftop panels, ocean thermal energy conversion technology, and every other green source of electricity possible. Nuclear power is old-fashioned. The clean energy of the future is available today. "Anti-nukers are commies who want to live in a cave. They hate capitalism, democracy, and The American Way." America started the nuclear age, but that doesn't mean supporting nuclear power plants, a failed technology, makes you a patriot. Should it be mentioned that Russia's nuclear policies are worse? Should it be mentioned that nuclear energy has never operated in a fair economic environment -- it has always been heavily subsidized? And should it be mentioned that numerous anti-nuclear groups are global in reach and outlook, and make extensive use of technology to communicate with each other and with their elected and appointed officials, and with the media and the public? "Without nukes, more children will get asthma and more people will die of lung cancer caused by increased coal use." There is no reason to simply compare nuclear, with all its problems, to the next -worse choice. And no reason to "lump that choice all in one (coal) bucket!" There are many energy choices available to serve our needs. Even if we choose coal, there are many different grades of coal, and many different ways of cleaning the coal, and many different ways of extracting the coal from the earth. Anyone who wants to urge Congress to adopt cleaner coal standards is encouraged to do so. But no one should presume that concerns about coal negate concerns about nuclear power. Coal plants aren't targets for terrorists, and don't create high-level nuclear waste or bomb material. "Without nukes, the lights will go out." No, they won't. Okay, they will if the power utilities, the transmission line owners, the government, or other unscrupulous groups want to scare you -- as HAPPENED in California in 2000 - 2001. There was plenty of energy -- we were using thousands of megawatts LESS than previous peaks that had NOT resulted in blackouts. However, with three of our four nuclear power plants down, the utilities did not want us to realize we could get by without them. So we had blackouts, instead. It doesn't have to be that way! Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 26 .....—..It h. National / International Nuclear waste, worries piling up lath r rtrloeonr in EG toot any an oWi+br &PoaYdndiooiile mat+rid. Fa rklIA arecprarnd srSISZE .15.76 laglti MMOM11.41 tin ....�. `.t"" . ..0 .r.D7W.P �� rir. 'z"�... �_ .._.....••_. _ _ .-.r .•. „r : '�. a �— ..."•=......:........_ al m• lam.',M0..?C N... �.�..w.� .f `iia .. �. WY.r�.MMOO M .r ��.� 'r.�...—..� O. wr..r....... .11101.—......... r . _.�.A ....—.oaa..w... ..... ir...:i ...tin .r�"�"r� —e-wwlru .P� �.Yw�—..r.wr.oy imom ...5,...7......5 • Beneficial Uses of Radioactivity .. , aeatdoora cake asea 4'44440 e041,4„. Medical Diagnosis X-rays for looking at broken bones are ionizing radiation and have been shown to cause low birth weight in a fetus after just ONE dental x-ray of the mouth for the mother. CT -SCANS are vital tools, but many are given without proper cause, or are given when nonradiological options are available instead. Unfortunately, once a hospital has bought a CT -SCAN machine, the only way to pay for it is to use it as often as possible. And unfortunately, sometimes only a CT -SCAN will do, so even if a hospital would otherwise be willing to purchase a less harmful piece of equipment, they would still need to purchase a CT -SCAN device, so they often forego making two purchases. Other Uses Gizmos used for industrial measuring purposes, university research waste from goulish experiments on animals (and even occassionally on unsuspecting humans), and military waste of all sorts are included in this catch-all category of human health hazards. And it all ends up where? Shown below is a September 2008 article about the lack of disposal space for so-called low-level nuclear waste. (Note the blue ladder in the foreground for scale.) If even the LLRW cannot be properly stored, what chance is there that the spent fuel rods will ever be properly isolated from humanity for the quarter -million years (approximately) that they will be hazardous? FrosullstisieWis rgaker. September 21, 2114, rale MI) Cancer and other Medical Treatments In the correct doses, properly administered, when no other options are available, radiation can save lives, and does, every day. Rice -size pellets of cesium -137 are implanted directly into a tumor to irradiate it to death with gamma rays, killing the tumorous cells and hopefully not irradiating the healthy cells too much. Pellets of cobalt -60 are used to create focused beams of gamma rays, which can kill cancerous brain tissue. Or cause cancer in healthy tissue. Radioactive cobalt and cesium together are used to sterilize blood as well as medical equipment. The last procedure in particular does not require the radioactive isotopes, but other options are somewhat more expensive. The big problem for society, however, is that all these practices produce waste -- which is piling up at hospitals and medical centers across the country, since the only waste facility that used to take the so-called "low-level" radioactive waste, in Barnwell, South Carolina, closed its doors to most states in July 2008. National Security Scanning devices which can detect radiation are usually radives, an induce 'on in whateve Space weep time in Ho occ A • cted to be g years, time- wn. e militarization of ready c ing pace. EO �f Citwe ! se caused t created approximately a quarter feces of new space debris, which will . o . d the earth for ome d anAwISa an egaguted quart otra Nuclear "b be deployed a releases of explosion releasing the atm tafireORID being designed an�y will cause ojus sio , I . ucts since the ly be v." Ilow blasts -- and fissio + cts -- into Rad wen ��jjin dirt bol. expe be usel cuyas we according to Dick Cheney, and has he ever lie the American people? Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 27 • • 1EIHOT Is a 1JIHISTIJHI[0WOR? It's easier NOT to blow the whistle. You get to keep your job, your friends, and your fragile beliefs. Studies have actually proven that if someone who appears to be in authority says something is okay, people will believe it is okay. Okay to torture. Okay to lie. Okay to steal. Okay to create and spread radionuclides throughout the planet. But WHO said it was okay? Was it someone who understood all the math, all the physics, all the biology, all the genetics, all the economics, all the stuff they didn't even know back when it started? No -- it was a committee! NOT someone committed to truth. s'.aeeRe ire Karl Z. Morgan Karl Morgan was the father of the science of Health Physics, the director of health physics at ORNL for 29 years, and the first president of the Health Physics Society. But when Morgan realized there were serious problems, he -- and his views -- were simply rejected by the HP "society." In written testimony to the DOE in 1989, Morgan wrote: "During the 58 years l have been working with ionizing radiation, I have seen so many mistakes, misstatements, cover-ups and untrue statements by members of our government agencies (e.g. AEC, DOE, NRC, NASA, etc.) and by representatives of the nuclear industry that I seek independant safety evaluations of radiation risks before I trust their accuracy." benteeR# life Leo Szilard In August 1939, Leo Szilard coaxed his friend Albert Einstein into writing the famous letter that initiated the Manhattan Project. On March 25, 1945, Szilard again coaxed Einstein to write another letter -- his fourth -- to President Roosevelt, this time about the "lack of adequate contact" between scientists "who are doing this work and those members of your Cabinet who are responsible for formulating policy." Roosevelt died April 12, 1945, never having been shown the letter.The atomic bomb was used against civilians -- and against many scientists' unheard better judgment -- on August 6, 1945. A new age of global terror and lack of reason had begun. s,eoreeRe hie Doug Rokke Doug Rokke has taught graduate courses in environmental science, environmental engineering, nuclear physics, and emergency management. Major Rokke has been subjected to ongoing retaliation from Department of Defense officials. They do not want information getting out regarding adverse health and environmental effects of uranium weapons, as well as their own mandatory requirements to provide medical care to all casualties, and to clean up all environmental contamination. boAreeire file Richard Webb The author of The Accident Hazards of Nuclear Power Plants (1976). Webb earned a baccalaureate degree in Engineering Physics in 1962, and a doctorate in Nuclear Reactor Physics and Engineering in 1972. His doctoral research dissertation investigated explosive power transients in fast breeder reactors. From 1963 to 1967 he served in the US AEC Division of Naval Reactors as a Junior Engineer for the reactor part of Shippingport -- the first "civilian" reactor. He received further reactor education at Bettis and KAPL, but when working at Big Rock Point (an old BWR), he quit in order to be able to do independent analysis. iemeeile /de Oscar Shirani Until Shirani was fired for telling the truth, he bad no interest in the so-called "anti-nuclear" movement and simply did his job as an inspector at a dry cask storage manufacturer. But when one area after another that he looked into had problems -- from bad welds to uninspected parts to substandard alloys, broken bolts, etc. -- he called for outside help from the Nuclear Regulatory Commission. He found one guy there who would listen -- but then the NRC ignored their own expert! Although Oscar Shirani did not consider himself anti-nuclear, he said he was MORE worried about the safety of the nuclear plants than the activists, because he was from inside and knew how the nuclear industry was run: "By a bunch of crooks and mafia types who are willing to sell their mother for money." be/Nesse life Jack Shannon Jack Shannon designed nuclear propulsion reactors for the U.S. Navy, including the most widely -used design, the DIG. But when he saw asbestos-related health problems among the workers and fraudulent practices among the management at Knoll's Atomic Power Laboratories (KAPL) where he was director of plant safety, he began to realize that the entire framework of the nuclear navy and its prime contractors such as General Electric was designed so that real problems could be ignored at every level. Not only was no one in charge actually responsible for their mistakes, but if you complained, their only interest was in stifling your complaint. boAreexe Hyman Rickover When Admiral of the Navy Hyman George Rickover was 82, and giving his farewell address to a joint session of Congress he stated, "when we go back to using nuclear power, we are creating something which nature tried to destroy to make life possible... Every time you produce radiation, you produce something that has life, in some cases for billions of years, and I think there the human race is going to wreck itself, and it's far more important that we get control of this horrible force and try to eliminate it." So it is not appropriate to dredge up comments Rickover made long before then, and pretend his conclusion, with all he had learned, was to keep going forward with the nuclear option. It wasn't. Yet that is what Representative Roscoe Bartlett did in 2007, to "commemorate" the 50 -year anniversary of an obscure presentation Rickover made to the Minn. State Medical Association on May 14, 1957! a Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 28 0 0 There are MINT ' of Alternatives to Nuclear Energy Wind Power Worlds And it's cheap, too! Cheaper than nuclear, cheaper than coal, cheaper than just about anything else on the market today, but pro-nukers will always point out (as if you always don't know) that the wind doesn't blow all the time. They'll do this, and ignore the fact that nuclear power plants are lousy "baseline" electrical power generators too, prone to long, sudden, and expensive outages, at the worst possible times. Anyone who says all hydro is bad doesn't know all hydro Okay, maybe they know a lot about big hydro, how it periodically floods the discharge stream in unnatural ways (this can be mitigated), how it covers up great areas of nature's beauty to store the water (clean, fresh, non -radioactive water), or even that it creates pressure on the earth's surface, and lots of dams being filled by monsoons in one place are said to be responsible for earthquakes thousands of miles away. Okay, big hydro has problems. But what about in -stream, slow -speed turbines? These are tried-and-true, and they don't gobble fish like nuclear power plants do, when they suck in millions of gallons a minute from nearby lakes, rivers, streams, etc.. if ever there is an easy "devil's choice" to make, surely any hydro option is better than the best nuclear option. Wave Energy is Reliable It varies in intensity but it's always there. Combined wave -and -wind offshore energy farms could provide all the energy America uses. We have thousands of miles of coastlines. These systems can, in many cases, even be placed so far offshore as to be out of sight of land. Atmospheric Vortex Engines are ideal in many ways These are power turbines which use natural convection and even sometimes natural heat sources or waste industrial heat sources to produce a controlled vortex (you could call it a weak, man-made tornado) above the device. Clean coal? It costs more, and it's worth the extra. cost Coal provides about three times more electricity for America than nuclear power does. And we have a lot of it. And it's relatively inexpensive. And it can't melt down. If it's a question of the lesser of evils (and in many ways, it is), "clean coal" is more of an economic challenge than a technological challenge, unless you want PERFECTLY clean coal, which is not possible. Is coal's worst real price the carbon in the atmosphere or the coal miners and others who die digging the stuff? Or live, digging the stuff? r4rutsterricv CAN ckoo Biomass: It's not just Ethanol Do you know the biggest problem with ethanol? It's that 37,000 children a day are dying of hunger, and ethanol is made from corn. Nuclear power will not feed the hungry. Other forms of biomass (such as hemp) are available, which do not take away from the food supply. The author utilizes hemp extensively. It wears better than cotton and is far safer in a fire than nylon. It's more comfortable, too. Our founding fathers grew hemp. Simply wearing hemp could close a few nukes! Solar Energy Pays Off Did you know you can use solar power beyond Saturn? Safe, reliable, simple technology is available for all sorts of places: Rooftops, car tops, parking lot shade covers, and even the very roadways we drive on can all be turned into solar collectors. So why aren't they? This author cannot answer that question! Conservation is STILL in its infancy! If you just go by the numbers, you could close ALL the current operating nuclear power plants simply by getting Americans to do a really serious job of conserving energy. And you CAN just go by the numbers. It would work, we just have to want to equate the events closely. Otherwise, once we've done everything we can to conserve energy, we'll still be producing nuclear waste every day, with no safe way to store it. Geothermal -- it's worked for centuries Geothermal power includes the simple idea of running a few pipes into the ground for more efficient building heating and cooling, which can be done virtually everywhere in America. If we really want to cut our energy usage, this is EASY. Geothermal also includes far more complex technological marvels which can provide many thousands of megawatts of power for the nation. Tide Power is wasted twice a day Tide comes in, tide goes out Tide comes in, tide goes out. You can't get much more reliable than that, if you REALLY are worried about providing the citizens with so-called "baseline power." SNace-Based Mirrors are a sake use of Low Earth Orbit The mirrors can be manufactured in space of extremely thin polymers, then aimed progressively at various places around the globe to provide a few extra hours of evening or morning light. Properly designed, it would be very cost-effective. �J- "aa tk 4,64y," Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 29 • • HON IIUCH pec: ALL TNZI Plenty. COIT? Everywhere you look, the costs are out of control. Government subsidies are "needed" because the costs of nuclear power are simply outrageous. And when government pays, we all pay. In 2005, Thomas E. Capps, CEO of Dominion Resources, which operates four nuclear power plants, said a new 1400 megawatt power plant would cost $2..6 billion and take 6.5 years to build. He stated Dominion was 'not going to build under those financial conditions" without massive government subsidies. But regardless, his price estimate was probably off by triple, or quadruple, or even more, when he made it. From 1971 to 1986, Northeast Utilities experienced a 22 -fold increase in the cost of constructing their nuclear power plants. In 2005, Capps and other rich CEOs were promised loan guarantees for up to 80% of the cost of the first six new nuclear power plants. And they were given $3 billion in research and development funding. So far, it still hasn't been enough to get a new nuclear power plant started since Three Mile Island. And costs will surely skyrocket even more in the post -Bush economy. By 1981, building a nudear power plant took as long as 20 years. And if anything delays it, it will cost more than a million dollars a day while the problem is sorted out. The industry wants to be guaranteed income during this period, no matter how long it lasts, no matter what the reason for the delay -- even if it's negligence on their part! The initial cost estimate for many commercial nuclear power plants turned out to be a third or less of the actual final cost. Even then, the first units of each type were usually sold at a terrible financial loss to the manufacrurer. And there are lots of upcoming bills, too, The estimated cost of Yucca Mountain has risen by $38.7 billion since 2001, a 67% increase. Saar USA Tuan A.,wH 255 The amount committed to the nuclear waste fund is $31.4 billion dollars, of which $9.5 billion has already been spent. S..rt,, Nadas Panty l..drw.e. 200S The only "bargain" in any of this is the deal we are making with the devil. He's gotten a great bargain! Cancer treatment spending, in billions 580 60 40 20 $13.1 $1.3 0 1963 '72 '80 '85 '90 '95 '04 Original Source: National cancer Institute $1,600: The average cost of a one-month supply of a typical cancer drug. S.wrce: Managed Care, Are SN' Colon cancer drugs over a 10 period went from $500 to $250,000. The average life expectancy went from 11 months to a little over two years. S..ree.• Dr. L.w.r! Sala .f S/ww-Lewa,iwj Ormid.A,d h ae.lwe r Work) .. , and that's just the cost of treatment. There's also lost productivity, lost great people, and lost great ideas: 2005: Total cost of cancer care [including lost productivity] in the U.S.: $209.9 billion. S..r,n MIR Has cancer cost you someone you loved? Me too. Maybe radiation was responsible. ...and radiation causes many other illnesses besides cancer... Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 30 • • DIqqtq Dspsr This book has only scratched the surface. Dr. Richard Webb points out (right) that the radioactive releases from Three Mile Island went OFF THE CHART for a period of time (even though these are logarithmic scales!), and the strip chart "stops" for two critical hours. The NRC and the President's Commission misrepresented this monitor, claiming it was "onscale" when in fact it wasn't. Dr. Webb has also done some calculations on the hazards of a spent fuel accident: "160,000 sq. miles rendered uninhabitable due to Cs -137 alone; 338,000 sq. miles of land ruined agriculturally due to Sr -90 fallout; 200,000 sq. miles ruined by plutonium contamination alone -- a lung cancer dust hazard." Since performing those calculations, he has also concluded that radiation is a lot more harmful than he had assumed, and that in the first two days after a reactor accident, 30 to 100 million people would be seriously damaged (or killed) by radiation fallout. 11A O.s+119r. 41. URN/ Jim 1.2401 R1:SSELL H OFFMAN PO POR I0M CARISIAO. 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Some say "politics" is stopping Yucca Mountain, or stopping an expansion of nuclear power, or stopping reprocessing from restarting, or stopping "mini -nukes," nuclear airplanes, etc. etc.. But actually, politics is stopping the CLOSING of the nukes. Politicians prevent the proper public debates. Politicians pontificate from their oval offices and microphone -bedecked speaking platforms, declaring "it's politics that's prevents solutions to our energy problems." Don't fall for yesterday's lies about nuclear power, spewed now by some politician who has never explored the issues half so much as you have by simply reading this book. The decision to use nuclear power was wrong, and MUST be rescinded. Otherwise our species (and all the others) will die. Our DNA will be invaded, changed, destroyed. Nuclear power is useless as an energy source or as a weapon -- whether we're talking about D.U. or atomic bombs. Radiation is very dangerous and virtually useless, a few medical uses of very tiny amounts notwithstanding. Global warming is real. It has been known for many decades, but nuclear power is no more a soution now than it was at any other time. There IS a solution: Renewable energy. Fossil fuels and nuclear power are economic disasters and then ecological disasters, each in their own way. But pound -for -pound, nuclear power is about 100 million times worse for the planet than fossil fuels. It is not an alternative power source. After Three Mile Island, Mad Magazine expressed the world's opinion -- the world's fears -- with the cartoon shown above. Since then, Chernobyl, Davis -Besse, and Kashiwazaki-Kariwa -- to name just three blatant examples -- have further shown that nuclear power is going to bite us very badly one day unless ... unlesspwe shut down the plants and begin the long, slow process towards reducing the dangers of the waste. The author does not advocate "phaseouts." The author advocates immediate and permanent shut -down. In a 1979 publication (included in the list that follows), a highly -honored pro-nuker called the nuclear waste problem "trivial." Right now (2008), Yucca Mountain, the only proposed solution, is deeply flawed, and expected to cost about $100,000,000,000.00. ft will probably cost far more -- if it ever opens -- even if there are no accidents. This is not a trivial problem. Written by Ace Hoffman (2008) (Cartoon by Norman Mingo) May be freely copied www.acehoffman.org 32 • • 3H Tritium. 3He Light Helium. 6Li A stable isotope of Lithium. ABCC absorbed dose AEC ALARA alpha particle AMU ARS atom atomic atomic atomic bomb number mass atomic weight Atomic Bomb Casualty Committee. Established in 1948 (too late!) and renamed RERF (Radiation Effects Research Foundation) in 1975. An amount of radiation, given in terms of joules per kilogram, which is the same as a gray. Atomic Energy Commission. Forerunner of the DOE and the NRC; as inept as either. As Low As Reasonably Achievable. This really stands for As Low As Is Still Profitable for the corporations involved, or as low as will allow the operation to move forward as planned. Two protons and two neutrons ejected together from the nucleus of an atom at very high speed. When an alpha particle slows down it will grab two electrons and be a (stable) helium atom. Alpha particles are about 7,345 times more massive than beta particles. Symbolized by the greek letter a. Atomic Mass Unit. One 1/12th the mass of a C12 atom. Acute Radiation Syndrome. The health effects which show up after a large dose of radiation has been given, accidentally or on purpose. Often extremely painful and can last weeks or even months (or minutes). For any chemical element, an atom is the minimum amount of that element that retains its chemical properties. An atom contains a nucleus, made of at least one proton and perhaps one or more neutrons. Normally it also has as many electrons as protons. The electrons can be thought of as orbiting the nucleus, and those orbits occupy most of the space of the atom. Another name for a nuclear bomb or nuclear device. The number of protons in the nucleus of an atom gives it its atomic number. The number of protons plus the number of neutrons gives an atom its approximate atomic mass in AMUs. On earth, in layman's language, the same as the atomic mass, but professionals speak almost exclusively in units of "mass" instead, so that if they're on another planet or lost in space (as many of them seem to be), or operating under different accelerations than the rest of us couch potatoes, they won't get confused. background radiation Typical 1940s estimate: About 100 mrem per year. Today: 360 mrem. Reason for the increase? Some say it's just due to better measuring devices and more careful observation. Most just won't mention the increase at all. Becquerel One Becquerel is exactly one radioactive decay per second. Abbreviated Bq. BEIR VII Committee Biological Effects of Ionizing Radiation #7 Committee. beta particle A type of ionizing radiation. Symbolized by the greek letter 13. Beta particles have an electrical charge of either -1 or +1 and as they slow down, this charge causes most of the damage to biological systems. Because of this fact, so-called "soft" or "low-energy" beta emissions can be just as damaging as high-energy beta emissions. Once they slow down, $- emissions become normal electrons. bioaccumulation The increase over time of a toxic substance in living tissue, especially when the substance (whether chemical or radioactive) concentrates in a particular part of the body. A related term, which is sometimes used interchangeably, is biomagnification. However, biomagnification is usually defined as the concentration of toxic materials via the food chain, leading to animals that eat higher in the food chain (such as humans) getting a disproportionate dose of the toxin -- another good reason to be a vegetarian. Bioconcentration is another, less commonly used, term for the overall phenomenon of an organism absorbing something toxic faster than it can eliminate that substance. biological half-life The average amount of time it takes for the first half of a substance to leave the body. Does not always asymptote at zero like a radiological half-life. breeder reactor Any reactor which produces enough Pu239 from the U239 in its core to be profitably reprocessed later for a future reactor. Usually uses "fast" neutrons. BWR Boiling Water Reactor. Typical BWRs in the United States are older, smaller, and less efficient than PWRs. Written. designed. and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 33 • • cancer A type of disease that develops due to DNA damage and causes abnormal cells to proliferate uncontrollably. According to the American Cancer Society, "Cancer is the general name for a group of more than 100 diseases in which cells in a part of the body begin to grow out of control. Although there are many kinds of cancer, they all start because abnormal cells grow out of control." Note that "out of control" does not necessarily mean faster. They may die slower than normal and that can be a problem, too, for instance. CANDU A type of Canadian reactor which releases about 10 times more tritium into the environment than most other reactors, and produces about 30 times more. carcinogen Any substance or energizing ray which causes cancer. Cassini A space probe launched by NASA in Oct. 1997, containing a record 72.3 pounds of Put' (in dioxide form) and used as a cover for a military program of launching similar plutonium power packs into earth orbit. Russia is even worse, having launched dozens of nuclear reactors, and China is the worst of all, launching hundreds of thousands of projectiles into earth orbit, which will destroy the casings of the various radioactive power packs when they inevitably collide, since none are anywhere near strong enough to resist such impacts. cerium -144 A beta -emitting isotope with a half-life of 285 days, abundantly manufactured in LWRs: About 60 X 1012 Bq/MW year of electrical power (source: JSTOR). A significant hazard in any spent fuel or reactor accident, mainly from inhalation. cesium -137 A beta -emitting isotope with a half-life of 30.23 years. One of the most dangerous fission products of nuclear reactors. chain reaction A situation possible only with fissile isotopes such as U23S and Pu239, which sustains itself, usually by neutron bombardment of other fissile atoms in the mixture. A bomb if very fast, a nuclear power plant if very slow. The maximum speed is in part determined by the blend of uranium and / or plutonium isotopes. May require a trigger to get started, such as tritium. Can be controlled, sometimes. Chernobyl Site near Kiev, Ukraine, of the world's worst nuclear accident (so far), in 1986. A meltdown and explosion spread radioactive debris globally. CIA Central Intelligence Agency. Investigates activists' friends abroad. Passes carefully selected information, or carefully crafted rumors (depending on the perceived need of the State at the time) to foreign entities. Known to have a huge clandestine budget as well as virtually unlimited access to corporate and private computer information networks. Can control most media. Also has a nearly complete lack of normal legislative and / or judicial oversight. cold water accident A meltdown caused by flooding the core of a light water reactor with too much cold water. Operators are told not to do this, which isn't much protection against it. cosmic rays A broad spectrum of radiation coming from a wide variety of sources deep in space. About 90% of cosmic rays are protons. 90% of the rest are alpha particles. Most of the rest (-1%) are beta particles. committed dose The quantity of radiation expected from a given absorbed dose over the life of the radioactive materials involved. culture of cover-up How any apparent "culture of safety" is achieved in the nuclear industry. cumulative dose The total radiation received in a given period of time, for example, a lifetime. Your risk probably goes up more or Tess proportional to your cumulative dose, and you've already had too much radiation. criticality For a pro-nuker intent on making a bomb or a nuclear reactor, the moment of success. For everyone else, the moment of failure. During criticality, more energy is released as time goes on, until the available supply of fissile material is used up or the build-up of fission products poisons the reaction. CRS Cutaneous Radiation Syndrome. Burns and other skin inflammations due to radiation exposure. Can lead to fatal infections and be extremely painful. curie An amount of radioactivity defined as 3.7 * 10" decays per second. Not officially used anywhere, but it's still actually used everywhere, and it's still about equal to the radioactivity of one gram of pure radium. Replaced by the Becquerel (Bq). Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 34 • ! daughter products Also called decay products, they are the isotopes, usually radioactive, which result from the decay of a radioactive substance. Davis -Besse A PWR in Ohio which nearly melted down in 2002. The incident was almost completely ignored by the news media. depleted uranium A mixture of around 99.5% U238 and the rest all sorts of other things, usually Um and U234, but sometimes also fission products if the DU comes from reactors. Used by the military for the ballistic and pyrophoric military advantage it gives. deuterium An isotope of hydrogen having one neutron and one proton. Not radioactive. dirty bomb Any bomb using conventional (non-nuclear) methods to spread radiation. The DOE defines a radiological dirty bomb as having 1,000 Curies or more of radioactivity. Thus, one nuclear power plant equals about 100,000 dirty bombs in the reactor core alone. Typical U.S. reactors release one dirty bomb every five weeks of tritium -- plus many other substances. "ALARA" allows this crime by massive dilution. DNA Deoxyribonucleic acid. A self -duplicating polymer which contains the genetic code of life uniquely defining you. DNA is found in the nucleus of nearly every cell in your body (red blood cells and a few others have no DNA). DOE Department of Energy. AKA "Death of the Earth Squad" because they are responsible for poisoning the planet, but not responsible for protecting it. dose equivalent A standardized radiation amount, so one can attempt to compare different isotopes and / or different elements. dosimeter A device for measuring how badly you were irradiated. Some are hundreds of times more accurate than others. downwinder Anyone who has to breath radioactive poison gasses: Everyone, in varying amounts. dry casks Dry Cask Storage is a dangerous but relatively inexpensive way to hold nuclear spent fuel. Deaths will occur as much as 500 miles downwind from a dry cask fire. e = mc2 The equation expressing the conversion factor between mass and energy. First realized by Albert Einstein. effective dose Another way to standardize the measurement of the dose received so that assessments (and conversations) can begin. Effective dose attempts to quantify how different parts of the body react to different types of radiation. Effective dose is measured in sieverts. electron A beta particle after it has slowed down. Also the outer subatomic particle of an atom, having an electrical charge of -1. enrichment The process of lowering the U238 concentration while raising the U2" concentration. EPA Environmental Protection Agency. A toothless federal agency which permits the DOE and NRC to do whatever they want. eV Electron Volt. Molecular bonds are about one eV. The "thermal bath" we all live in (and which is a part of us) is about 1/40th eV. Hydrogen can be ionized (its electron can be stripped off) at about 13.6 eV. fallout NOT just any repercussion. Fallout is a technical term for the radioactive poison that "falls out" of the sky for days, weeks, months, years, and decades after a radioactive release, whether from a bomb, a nuclear power plant, or an accident. Whenever you hear the phrase referring to anything else, just remember it really describes the ugliest horror bestowed on civilians by war or by industry, and should be prevented at all costs. Fat -man The first (and only) plutonium bomb used on a civilian population. Its radioactivity still kills today, and will continue to kill for many millennia. FBI Informants in activist groups often are Federal Bureau of Investigation agents or local police. The FBI charter says public corruption is one of their top investigative priorities. But, when this author contacted them about a clear violation of the law by one of their agents, which allowed a Congressman to go free after the attempted murder (by head-on collision) of this citizen and his wife, he was told -- as if it were law: "We police our own." fission Splitting the atom. Smashing the atom. Harnessing the energy of the mighty atom. fusion Combining two atoms to make one, while releasing energy at the same time. Usually done with tritium and deuterium. Although there has been much speculation about fusion reactors, so far only fusion bombs (hydrogen bombs) exist. Except in stars. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 35 Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org • BIglair AM gamma ray One of several types of ionizing radiation, comprised of high-energy photons. Symbolized by the greek letter y. Just like an x-ray only stronger. Geiger counter A device to let you know how badly you'd rather be somewhere else. It counts decays, and indicates them by a clicking noise. A common problem in an emergency is that there are so many decays, the machine stops emitting any clicks (information) at all. genetic effect injury to the sperm or egg. ground zero Another term stolen from the nuclear vocabulary. Used universally to mean the center of attention. The original meaning of the term was the point at which a nuclear burst -- a ground burst, to be more specific -- took place. Gy Gray. An amount of absorbed (by a living organism) ionizing radiation equivalent to one joule of energy per kilogram of body mass. H Hydrogen. The lightest and most abundant element on earth, in our bodies, and in the universe. H3 Tritium. Also called 3H, T, H3, H-3, etc.. Abundantly manufactured in nuclear reactors. half-life The average time it takes for half the atoms of a pure isotope to decay into something else. He Helium. HP Health Physics. A corrupt bunch of technicians who can calculate the effective dose, the accumulated dose, the LD50 dose, grays, rads, sieverts and so on, but cannot bear to study the effects in carefully -controlled situations to see if their founding father, Karl Z. Morgan, was correct when he denounced the then -current standards as utterly unsafe, and, of course, explained his reasons. HP has worn blinders ever since, HEU Highly Enriched Uranium. Generally considered to be any uranium with the U233 content enriched above 20%. Can be used for atomic bombs without further enrichment. Hex Uranium Hexafluoride (UF,). UF6, a hazardous substance, is concentrated to make bombs, or reactor fuel. HLRW High Level Radioactive Waste. Usually means spent nuclear fuel rods, but also less "hot" things like the reactor pressure vessels, and various military waste. A safe way to contain HLRW would defy the known laws of physics -- both Einstein's and Newton's. 1-10 Hydrogen -Oxygen molecule. A potent free radical which is created in our bodies when tritium in a water molecule decays. Also symbolized as OH. Hot Particle A tiny, probably microscopic, particle made of radioactive isotopes, causing a small area of the body to experience local high doses of radiation. May lead to excess cancers. HTO Hydrogen -Tritium -Oxygen molecule. (Water (H2O), but with a tritium atom for one of its hydrogen atoms.) ICRP International Committee on Radiological Protection. inverse square law A mathematical progression which describes (among other things) the proportional decline in intensity of something which is spreading out evenly in all directions from a point source. Pro-nukers always assume you don't know this. They also always assume (for the sake of arguing with you) that all actual dispersals actually follow this pattern exactly, when, in fact, none do. ionization The process of removing electrons from atoms (or adding electrons to atoms) with radiation or with some other energy. ionizing radiation Energetic emissions of light and / or high-speed particles, often emanating from the nucleus of atoms, and having enough energy to break chemical and other bonds. isomer Molecules having the same number of atoms in the same proportions, but different structures, are called isomers. Ionizing radiation can create different isomers of proteins and other molecules, which may be poisonous or, at best, useless. The term can also refer to similar nuclides in different states of excitation. isotope Atoms with the same number of protons but different numbers of neutrons are called isotopes. Some isotopes of all elements are radioactive, and some elements have no stable isotopes. Prior to the nuclear age, many of the elements on earth had no radioactive isotopes. 36 • • jellyfish The cause of many shutdowns of coastal reactors over the years, including again today, as l create this glossary, at the Diablo Canyon plants, where one reactor's coolant system was clogged and had to be shut down, and the other was cut to half power "just in case." This is what they keep telling us is reliable baseline power! joule A unit of measure for energy. One joule is the energy required to exert a force of one Newton through a distance of 1 meter. One joule per second equals one watt. K40 A naturally -occurring radioactive form of potassium. KeV Kilo -electron Volts (pronounced kay-ee-vee). latent period The time after a radiation exposure when you still feel fine, before a cancer or other health effect sets in. Could be decades, or seconds. LBL Lawrence Berkeley Labs (aka LBNL). LBNL Lawrence Berkeley National Laboratories (aka LBL). LD50 Lethal Dose 50. When determining how toxic something is, scientists have concluded that the amount that kills everyone (every dog, every guinea pig, every cockroach) is less useful, and more difficult to establish with certainty, than the amount that will kill half of the exposed group. LEU Low Enriched Uranium. Uranium enriched somewhat, but not above 20% U='s content. Little -boy The bomb used against Hiroshima. The first intentional atomic attack on civilians. LLNL Lawrence Livermore National Laboratories, Livermore, California. LLW So-called Low -Level Waste. There used to be three classifications, and before that, four. Now there are just two levels of dilution: Extremely diluted waste which is still hazardous (LLW) and everything else (HLRW). LLW is also called LLRW. HLRW is also called HLW. LOCA Loss of Coolant Accident. When the water drains out of a nuclear reactor. Presumably quickly becomes a meltdown, if it lasts very long. How long depends on such factors as: How hot the water was, how much (if any) water is left, how cold the replacement water is (if any is available), how old the fuel is, and whether the control rods insert properly. LOFA Loss of Flow Accident. Due, for example, to pump failure. Can quickly lead to a meltdown if the right combination of other things goes wrong, too. LRI Local Radiation Injury. What you get when you are too close to something too much like a point source. LWR Light Water Reactor. Any reactor using water which has not had the concentration of deuterium and / or tritium increased above normal isotopic percentages. meltdown An overused expression which actually refers to something far worse than anything we've ever seen on Wall Street. When referring to nuclear reactors (the only proper use of the term) a meltdown is a terrible accident in which the reactor core melts and vast amounts of radioactivity are released. Chernobyl is usually described as a meltdown, while TME is usually described as a partial meltdown. An older term for meltdown is "rapid disassembly." MeV Million electron Volts (pronounced emm-ee-vee). mitochondrial DNA One of two forms of DNA passed on from generation to generation. MDNA does not undergo joining of the sperm DNA with the egg DNA. Virtually all MDNA comes directly from the female. It is easily damaged by radiation. moderator (I) A substance -- water in LWRs -- which slows neutrons in a reactor core. (2) Someone at a meeting or hearing, usually an employee of the government, who slows down information flow and prevents free discussion. MPC Maximum Permissible Concentration. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 37 N Denotes a neutron. In relation to the number of protons in a nucleus (Z), N denotes the number of neutrons in a nucleus. Different Ns for the same Z are known as different isotopes of that element. NCRP National Committee on Radiological Protection and Measurements. neutron One of the two sub -atomic particles found in the nucleus of an atom. Has a net electrical charge of zero. neutron activation The process of increasing the number of neutrons in the nucleus of an atom by bombarding the nucleus with neutrons. non -stochastic effects A health effect whose severity is related to dose, but that typically only occurs above a certain dose threshold. An example is the acute radiation sickness experienced by many people after the Hiroshima and Nagasaki bombs. NPP Nuclear Power Plant. NRC Nuclear Regulatory Commission. The federal organization which permits nuclear waste to be created and dispersed but has virtually no responsibility for human health consequences. NTLF National Tritium Labeling Facility, a defunct division of LBNL. nuclear energy An expensive, dirty, and dangerous way to boil water (sometimes sodium, etc.). nuclear fuel cycle All the many steps in the fuel -intensive, dangerous, and dirty process of splitting atoms to boil water. nuclear reactor A weapon of mass destruction which creates mountains of fission products then releases them in varying amounts and at various times. nuclei When talking about more than one atomic nucleus, you can say "nuclei." nucleus The center of an atom, made of protons and neutrons. OH A potent free radical, sometimes created when tritium decays, if the tritium atom was taking the place of a normal (nonradioactive) hydrogen atom in a water molecule at the time of decay. ostrich pro-nuker's choice of animal to imitate concerning the facts in this book. pCi picoCurie, a trillionth of a curie. photon A discrete and measurable amount of energy emanating from ... more energy. Light. Photons have no electrical charge and no rest mass, but they do have momentum. plume Any deviation from a 100% even dispersal is a plume. Being inside the plume of a radiation release increases the risk for downwinders. Po -210 Polonium -210. An alpha emitter with a half-life of about 138 days. Price -Anderson Act A notorious piece of legislation which negates virtually all legal right to compensation after a nuclear accident at a power reactor. Also used by NASA for space missions launched over foreign countries, and probably by the CIA (in secret) for domestic spy satellites containing plutonium. proton One of two components of the nucleus of an atom. Neutrons are the other. The number of protons determines the type of element each atom is. Pu -238 An isotope of plutonium having a half-life of about 87.75 years. An alpha emitter. Used by NASA (and presumably the CIA) as a heat source for power generation; it is extremely hazardous and the containers NASA (and presumably the CIA) uses are utterly inadequate. About 280 times more carcinogenic than Pu27. Pu -239 The well-known form of plutonium, used in bombs and some reactors. An alpha emitter with a half-life of --24,100 years. Lethal down to millionths of a gram. PWR Pressurized Water Reactor. About 2/3rds of all U.S. reactors are PWRs. The rest are BWRs (Boiling Water Reactors). Q Quality Factor. A series of assigned values estimating the radiation effect by considering which isotopes and which organs are involved. The Radiation Weighting Factor is a more modern and more accurate method. QC Quality Control. As far as the author can tell, this term does not appear anywhere in the nuclear industry's lexicon. Usually replaced with "Cover-up" and intimidation of workers who might think about registering complaints. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 38 Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org • 1 rad Radiation Absorbed Dose. A measure of radiation equal to 0.01 Joule per kilogram, or 100 ergs per gram. radiation Any emission; but for this book, specifically ionizing emissions. radiation sickness Anything that shows after an exposure to radiation. Otherwise, pro-nukers believe you are not harmed in any way. radiation weighting factor This is more current (2008) than Q, and more accurate because it more carefully accounts for different exposures from different isotopes to different organs of the body. Works better with computers, too. radioactivity The emission of high-energy, high-speed particles and / or waves, usually from the nucleus of atoms. radon A noble gas emitted by uranium mine tailings and many kinds of rock. Considered especially hazardous because of its short half-life and inhalation risk. RBE Relative Biological Effect. Similar to Q. The mathematical relationship between the effect of a reference dose (for example, 1 rad to the whole body) and the same effect of a dose in question (for example, a piece of DU stuck in the gut). What it has most in common with Q is inexactness. REM Roentgen Equivalent Man. Rads times a Q factor of some sort. Inexact. Roentgen A measure of radioactivity named after a man named Roentgen, who was greatly admired, and still is, for discovering x-rays (and then irradiating his wife's hand). One Roentgen of beta or gamma emissions delivers a dose of one Rad, which is equivalent to 1 Rem. Old-fashioned and largely unused; replaced by the gray (gy). RPV Reactor Pressure Vessel. Usually about eight inches thick with a stainless steel liner. RPVH RPV Head -- the top of the RPV. Dr. Richard Webb has calculated that a core melt and steam explosion could blow an RPVH half a mile into the air, right through the containment dome. Weighs about 20,000 pounds and is heavily bolted down. In PWRs, the control rods come down into the reactor core through the RPVH. Rusts easily due to the extremely corrosive environment, the radiation, the heat, etc. rubblize To turn the reactor core into minute particles of intense heat and reactivity. Inevitably will result in a massive radiation leak and global fatalities in excess of most wars. Depending on the winds at the time, of course. Shippingport The United States' first "commercial" or "civilian" power reactor, came online a year after Russia's first civilian reactor, and was based on naval propulsion units. It was inefficient and prone to outages, and was used unofficially mainly for nuclear weapons production. It was finally mothballed in 1982. Neither the waste from Shippingport, nor the reactor pressure vessel, nor anything else from it has been safely disposed of, yet somehow it is presented as a shining example of a "successful" decommissioning! SI Systeme Internationale units, used mainly by the IAEA for additional confusion. sievert A unit of measure of energy absorbed by a body, equal to 100 rems. One Sv is the energy equivalent to one rad, or one gray (Gy), of x-rays. One chest x-ray is 0.1 millisieverts or less; a chest CT -scan is about 8 millisieverts (according to one British news source). CT -scans can lead to measurable increases in cancer later, especially for younger patients. When equipment is poorly maintained, it can deliver a much higher dose. The most modern dental x-ray equipment uses digital cameras and delivers less than 1/5th the typical film x-ray dose. Find doctors and dentists who care about these issues for their patients. 39 s • specific activity The amount of radiation eminating from a given amount of a substance in a given amount of time. Usually expressed in curies per gram. spent fuel pool Where used nuclear reactor cores are placed after use in a reactor. Most SFPs in America are overcrowded and therefore more susceptible to fires following a Toss of water. The amount of spent fuel in the pool is usually dozens of times more than is in the reactor itself, yet the SFPs have relatively little protection from jet crashes and other dangers. Somewhat safer, in this author's opinion, than Dry Cask Storage (also known as Dry Storage Casks). SRP Savannah River Project (now known as the SRS). SRS Savannah River Site (formerly known as the SRP). stability curve As you go up the Periodic Table of the Elements, the number of neutrons needed for stability (non -radioactivity) goes up disproportionately to the number of protons in the atom. When viewed on a chart, a gentle curve is seen. Strontium -90 Sr" is a radioactive fission product from reactors and bombs, with a half-life of 29.1 years. Decays by beta emission into yttrium-90 (YfA), which decays by beta and gamma emission with a half-life of 64 hours. T Tritium. T2 Tritium Gas. tailings Uranium mining waste. Releases enormous amounts of radon gas and other daughter products -- may be the main source of radon gas poisoning for many people. Large piles endanger nearby rivers with radioactive debris inundation. The Colorado River is one such threatened river. thyroid A gland in the neck of vertebrates (including humans) which produces hormones that primarily help to control metabolism. TMI Three Mile Island. Unit II was permanently damaged in 1979 during a partial core melt. transuranic Another fancy term to keep beginners on their toes, it just refers to elements which have more protons than uranium (which has 92 protons). Trinity The first atomic explosion, in Alamogordo, New Mexico. Turned desert sand to glass, night into day, and democracy on its ear. tritium A radioactive isotope of hydrogen having two neutrons. H3 has a half-life of about 12.3 years. It decays by beta emission into helium. Created with wild abandon in all NPPs. UNSCEAR United Nations Scientific Committee on the Effects of Atomic Radiation. U-238 So-called "Depleted Uranium" has a half-life of 4,500,000,000 years, but will still emit a million decays per day (of alpha particles) per milligram. U-235 So-called "Fissile Uranium" is used for atomic bombs and reactors. All reactors except CANDU reactors use "enriched" uranium, which has a higher percentage of U235 than natural uranium (natural uranium is about --0.7% U"s, 99.3% U"', and a little U"'). Windscale The worst nuclear accident on British soil; it caused a name change to Sellafield. Attempts by scientists to study the environmental damage have been consistently thwarted by the British government and the nuclear industry. whole body exposure Generally taken to mean exposure from something big. That is, not a point source. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 40 x-ray A Lower -powered energy ray than a gamma -ray, but still a strong ionizing radiation. Used by doctors to look at bones and other structures. Often over -used since they are very profitable. yellowcake Uranium which has been mined, milled, and chemically processed. Usually comprised of 70% to 90% U3O8. Also called urania. "Hex" is made from yellowcake. Yucca Mountain A place where all the radioactive waste in America will safely and conveniently be transported, then stored at very low cost and with essentially no risk to the environment. Actually, none of the above. Z Often used to denote the number of protons in a nucleus when comparing the number of neutrons (denoted as N) to the number of protons. As depicted in the "stability curve," as Z goes up, N goes up even faster, and then faster still. Above a certain Z (83), there are no known stable isotopes, though pro-nukers dream of an "island of stability" high above the highest known element. The search has yielded only jobs for those searching. Zirconium A pyrophoric (ignites spontaneously in air) metal used as a cladding for nuclear reactor fuel, which may contain nearly two dozen tons of this dangerous metal. Once burning, cannot be easily extinguished because water, for example, will only make things worse. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 41 • • Some of the resources used to create this document (1/8) U.S. NUCLEAR WEAPC l f(.l{ l 4' 1" WA -7 1I.rs-7$n1E11 -I'f 1 t4' ../ r'IFAR Y11WLit. • hum I .tea ■ win!, wont MM. WrOgintm a®r meauw m wNr cor4 ssR • 1 I 1. rsa m MD 'Ajar aisle LAM.1♦ lnla Mm OMITE Ault Carrie's War Against BM< rho Po..cr IieM DECEPTIONI Yucca Mountain Science and Engineering Kc•piri -1 i1t�sAli� Report of the Committee Examining Radiation Risks of Internal Emitters (CERRIE Cnan MIM Nuc Nit. wsr•wQdK.a� al rM L'al.. w aecdi,e.• IG.ri OIIflTR!? IIITUII, Tul ■Ilif1il1111T1 11•IUIII1I PSLLUTIUU — HU01.,tAR E ScienAlamosG i ce SECURITY HE Indu5s rialieng NUCLEAR FM WORLD Table Radiaativle ,fe's Delicate Balance 1p�qa iwvir Mdisrd lll�e� A 1 A'1'O1V[ 1 POW FALLOUT ftlThe NIIL1cc`lr F iicrciv } ZIiE MOST IMPORTANT 1.11.""4"b — HF LEN CALfIC ISSUES AMERICANS NUCLEI Tl1►.iy,THEY KNOW e>roueK ABOUT... POWE IS NOT TI ANSWE 11'n-.-1.4.o..or.i hull... VW Redie otlw Baby The Cancer Link su.nr..1 Manor. From the collection of Ace Hoffman. All items shown to scale. May be freely copied www.acehoffman.org 42 • • Some of the resources used to create this document (2/8) TOXICSAtoZ Free Radical Research :ENERGY r Communications HOW TO BUILD A NUCLEAR r BOMB HaIf-dives & Half -Truths t..N.�r"AN... r,.....j ,...w 11 WAIN IN Hi I \nr;tLI11 NATION IAN ALM iALM Uvi(jvi lQunZL U T! .D PM TheAni ricanWcstat Hi s.. �Ila..wlea.. el L.. W./ .4 Normr LOW-LEVEL RADIATION FROM HROSNIMA TO THREE- MILE ISL AND W tt LlLM NULL WAR A Understanding Radioactive Waste arvesttog u. • a..trws of VIN 'ct�rry�. r• COMMENTS NCCLEAN row E, aluation of loss of Offsite Power Events at Nuclear Environmental Consequences of Nuclear War SCOPE 28 Environmental Consequences of Nuclear War SCOPE 28 ATOMS. ENERGY and MACHINES, Nuclear Wastes OipI_Wiiv VW.1 'I SOURCEBOOK ON ATOMIC ENERGY ALk r SAMUEL GASSTONE From the collection of Ace Hoffman. All items shown to scale. May be freely copied www.acehoffman.org 43 • Some of the resources used to create this document 3/8 ctookl..11 11)/ I Qii\Q kE \ 101 239 suntan F•Alules Pre Stifkal 0.11,114Itt6l1 NUCLEAR WAR . RICHARD RHODES ) I 11:71i THE MAKINC O the Social Impact of the y Disaster ATO. chef1111 b 11111011111110 MINI WASTE IN WO WON .nimooran LAST AID =MOIL VOININOUll NUCLEA WAR • gegregalle. iMINMONEW 41.1.,..4..•••agggigeL•g gg 1111111VONYWAIII luttphet erianred IfilAiona Clobalison TertorIsm Tornc Warlare tht: I RuiI 1100,11,,,IL .1 11:111 111;1E11 REN[WAI- insIs1111 ‘1111:111 11 IIII II THE DAY WE BOMBED UTAH METAL FATIGUE MIEILIY-GO-SORR A Memoir die, and Sadness NOLOGY Deterrence WAR CANCER L. DEVRA DAVIS • '''' " " ill gl. Ili 111,11 From the collection of Ace Hoffman. All items shown to scale. May be freely copied www.acehoffman.org 44 Some of the resources used to create this document (4/8) tom SrMg No.ti� r. w THE LEGACY OF GIERf108YL 1 Mew Shape Yaaf Dan •` ,„...." IIBOMB IITIPIf OIIRFS I.aTA rr.rw ate. ATOMIC ENERGY clnleuf t"'Hill - seis HtNiT DINIRTJI - larki bar et Alamit rirr Should We Risk It! k; ccide MuclearPower r* I 1 M 3 Issues and InowiLlire Q 1 1 1 ;, era -- Robert F. Mo VCLEAR EAPONS MAY UNCHAINED 7.11 1y('TIONS 140,\7t. Perr 1 r PROGRES As If Survival Marl OMMUNITY OEFIANC 0 TRE EMO OF NNOLO6KAL OPTIM BNB WEN renotWatipnra ? LSI fZ.7LZ 1111 1.11 1I I 1;1 ‘1..1. 1fl1h1/I t 111\11( Mir xxI c_..,I l ---,. c:VJ I I :Ni the uCI.rAlr " ANDS FR(A] il}lttil I rill LEAR I II I•i1i1 SIJ 11, L 1 PONS �tr.ItJ�;il MIH -, )LETS flipn,011111 MERICA y Item Intim 1 940- area nooks, .o rJ11 TRINITY'S ALLOUT !la A ► T F, L 1{rsl THE EUTRQ DOMD nMEPIC AI,1 Fnr,t1''r S TheAmerican HIGH'`: DOMD O- A INK I IE+rTAt1' HISTORY OW NUCLEAR POLICIES IRON THE DISCLAIM W /WSJ ON: TL TUE ""M1939-1984 Bellini Rona)C aTaJ�.a 1faJpLf.r.�, UST LAMM &1.11*. I '4I/1' s,« ,Ih. ill C1,11111/ -ISENBERG'S ,R THE SECRET HISTORY OF 1'. THE GERMAN L, y44 AJ 801 +E I : $ awcrtn lit T 1r16'IT IS1 IBA It Cl, Ifn AMAn Aso NU i .•, ror. War MI Against the Green David Helvarg From the collection of Ace Hoffman. All items shown to scale. May be freely copied www.acehoffman.org 45 • Some of the resources used to create this document (5/8) NUCLEAR DEMME AND— INTIRNA11C A 1I17.AT[V! PUN l 10111 PROMO !PILAW! 1111E1110 "OK andatigerdwith a epk d ikon and do Him dire ctddata top... Ms le girt WI d ewer enegh simnel!) panne motleyiquiogb make it: '1 4•....:.."• r•.. BAREFOOT GEN Life Aha the Bomb AC bon. d/P.rYr. Pow1 H MIM MDT Blaine asses r wagon.* 11,1wu75r worm IT, 111411,1 mar s rronrn,mr raw .i:ro.. +sas tail. ni RTW ar«,1111 .m11am I+.nn1a m 111 HT1 UT cure nun slam • P1nwlnu Cann% Emir; mord Helen C tklicott, M.D „I )Nef)e0R111 am, Air rolonspo eam'ti A's our soloceaCU calm The OPPENHEIMER HEARING INDEN Once and futile* sl! SC[NTT CH The Atom and the Fault RESISTING THE BOMB luau feet - spook Truth Depict.: rani Scientific Basis for Amess' . . NucLEAR PowEI. _]SIV VOF ' 1 l....,.,, �re Etii1O '1= :4•••....=•. • You uuu OWER 1 CRISIS IkainWil,;:nHAteDARIAN •:r.ssrr Nuclear Debate Mom ..Pomo a.ra.. Statistical methods NUCLEAR MATERIAL CONTROL HERE TODAY, THERE TOMORROW: CTPD . \DI1.•- ![ACTUR.!!13 Al T EIROP*T TAPGt1Y . kr �..._ • From the collection of Ace Hoffman. All items shown to scale. May be freely copied www.acehoffman.org 46 I hi N. "1 1, 11.. 111 i1l,.11; \1.111 I1.11' 1 • • Some of the resources used to create this document (6/8) The Gulliver File ...ern. r....1 l..a .r10. M.+Ir+a 1C=1 1fl7 BATTLE LEADERSHIP Core Concepts in Suprantolecular Chemistry and Nanochemistr, 1,10..9.~1 01 T01.n11 a1 Nudism F.r.allrs LETTE BOM T67fI1CNfmrJ 114 0011111al 74.0.141 t•y NAKED BONE LN NO DNY WILD WiSTIRM erioduc Table T s SOD,„ h Nucli Ia RICA W1N1411 leterencc. MIMDII • 111.01.../..41.••••1141. Im ✓ 1q e nd Kamm N HAI M JNA VL.*IM '1E3'Ue1I ERNOBYL TEBOOK I'lu�-i 11 R. -'0,MIL >,0,fl G .IT ,.1 ....n ., ..... 411. ,.,... From the collection of Ace Hoffman. All items shown to scale. May be freely copied www.acehoffman.org 47 • Some of the resources used to cr - ate thi doclmen CELL BIOLOGY iuhwt/n img SCI I. NC. Ihm h• .1 \ ,....sift. IOW NMI WPM -MOM r MLA ' FsREERi ICklti IN BIOLOGY 1\Ir MUM COONIUOWN MA NIICIIAll 1 11 MOIMIOWIM J1 a>I nal I JI.1\ I \(. rI II: t' '#i U 1HE HEIRS <1 1!1 1 MA [Iii*111l ENERGY BABYLoMOO�TO N REACTOR Ar- FUTURE What gout The usslalls- 1 Nuclear C W1 11 INE EVES! N'! amemmor CONTROLLING THE ATOM TIME 612131 18 OP NCL. -Ali FOULa70. 104.-vwtit COW TRU D1 >IMfl MIXT DAY uspended IT �.n 1{. 0.. In RAIN! 11 Level u-. y �rDil VILtA6E nE STAG downstre ♦, E.<0104. CA\CI.II F\S•iRJNEd NO PLACE ATO HIDE N•BOMB OVER L )MERICA ONE OP UR H BOM IS MISSING Il I1.11 IIIIIti�1,i1 And Ii('lIIl1 BASK RADIATION BIOL 1,••••••10.1...4.4.4.40.4.11.11.11.1 11HI.VE. *MA \ CO' HAN r Diuol111IrD Cs(wait it -2.fects OMI kPO Prange*. Bram Omar MEM WIN ,111111. /MI= MmOMIkaMO 1MmmmO1rOMM VS& THREE MILE !SLAND we sone From the collection of Ace Hoffman. All items shown to scale. May be freely copied www.acehoffman.org 48 • • Some of the resources used to create this document 8/8 111l1111/ ENERGY INFORMATION - CENTER .0. par— _ —*- MOW miter iloom rpm pent. Wt., :41tri:5 ".• "'' =.411=--12.• Maier --6f011..-NEP3- '• = 1.1.4111. llfl occuannro It 111 IRFIRMIllit 4%, —,1111111, Al fITOMIC 'Population Control' through Nuclear Pollution TINGING THE ATOMIC SHIRO IMIS 5 NIA WM tu uuLtul ••••• •••• • .• .1.1•11 'NOV Pall. ...dm Dam • N. 101.1•14.. 1.1.41nn /1.11•1m lea.••13••••• AMY** 01. Oar adMI.T.I.Minnl. ••••u•••••• 01••••• • (Yowl...Mos tibime• dm 11•• re • mrx. ..••••••••••••••• am. • A•Mmalme •I•.• FMN. ••••• jrler=••=11=•• :7•FEErr.. ▪ =Ye • •.••=-=••• • I is • • = .4 • • •••/•••••.••••••• • .1•••••••••••• wem• mime it./..zar•••••• 1••••.••• ••• WAS ••••••••• •••••• lab A.•• NM\ I Mk •mgvm mm..11.0 •••••••• ••• • 46. w• I doromr/b•De by ka El •••••411.1 Kygirr 64.614 IJNI)IL 4;11114,1tettry Base% and thn .1(41,11 wEAF 1441111,4•0 mItIttlAN STUD. 0.41. Ileor • .e1.11V From the collection of Ace Hoffman. All items shown to scale. May be freely copied www.acehoffman.org 49 • i Ace Hoffman, b. August 14th, 1956, is a computer programmer. His educational software is used worldwide, in universities, hospitals, factories, military, EMT, nurse training, etc.. He has written software for statistics, mechanical pumps, the human heart, and his most recent program, released in 2006, is an award-winning animated interactive Periodic Table of the Elements. He is the owner of The Animated Software Co.. Hoffman is also a writer. His essays have been published by various media outlets in more than a dozen countries, plus over 100 "letters -to -the -editor." He or his work has also appeared in documentaries and on TV. Hoffman has interviewed thousands of scientist on hundreds of topics. His free electronic newsletter, now over ten years old and almost exclusively about nuclear power, is read by scientists, lawyers, and activists, and has several hundred subscribers. The authors of more than two dozen books about nuclear issues have contributed to his newsletter and many of them are subscribers. He has interviewed -- and, more importantly, was educated by -- Karl Z. Morgan, John W. Gofman, and many other nuclear scientists from the "early days." Hoffman has studied nuclear issues for over 35 years, and for nearly 25 years he has been a developer of educational software products. Hoffman has attended over 100 public hearings about nuclear power, and scores of other public hearings on a variety of topics. He nearly always speaks and presents documents for the officials. He has given over 100 presentations to computer user groups throughout the country. He has also created several comedy skits. This document was created because the author recognized a need for a handy visual reference to the many complex issues involved in the debate over nuclear power. It is designed mainly to introduce new people to the issues, but also to help "old-timers" keep track of what's what, and to stop pointless arguments. Invariably, some pro-nukers will still challenge many of these points, but without any scientific basis. It will be just so much radioactive hot air. The author does hope that some pro -nuke scientist will take on the task of answering this document, in its entirety, point for point, along with answering Hoffman's treatises on tritium (available at his web site: www.acehoffman.org ). Hoffman lives with his wife Sharon in Carlsbad, CA, way too close to San Onofre Nuclear Waste Generating Station. Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 50 0 Suggested next stepsyou can take today Write your Congresspeople. We've sent them over 150 copies of this book! Write 'em again! Demand they read this book! and their staff -members, too! Ghe coIlkee ©f Ede ®k tz Edam& and Or gag giam abow ace gya mg) Seek reparations for radiation victims. rains �Y Subscribe to the author's free electronic newsletter. Join - or form - an organization. Learn more. Never give up! Boycott nuclear corporations... ALSTO'M.,�6�r. Bentley 'rate letter Demand media divest itself from the mega -corporations. sovTHE1 N1i to+�owr�r +L� -�l Cw.r Nwn Wvu+sr Enferny, AECL EACT, e,.�w.. rr..� �n rww.d• MITSUSI$HI EDISON FfstEnergy ~-1 Ana/en ;SHIBA ettlestIneaust Lumin nt PG&E Corporation, 'Vermont illllif • e D F =JRa rew[r E 3 B�•Ir :as; is � PSEG SIEMENS A NRG AREVA a$Po BKW* tDuke Energy BaIfoar Beatty Constellation Energy HITACHI Jo) ploominion BrucePPo► r ... and their mouthpieces. 1. L r1 Exelon. JANTI NEI lai n• . Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 51 • Contacts: • Please note that there are hundreds of organizations around the world which are working on these issues. (My apologies for not listing them all!) Watch out for false friends, foolish goals, and fake organizations. The organizations listed here are well-known to the author. Nuclear Information and Resource Service (NIRS 1 WIS 6930 Carroll Avenue, Suite 340 Takoma Park MD 20912 Phone: (301) 270 -NIRS ((301) 270-6477) email: nirsnet@nirs.org www.nirs.org Nuclear Energy Information Service (NEIS) 3411 W Diversey Avenue, #16 Chicago IL 60647 Phone: (773) 342-7650 email: neis@neis.org www.neis.org Physicians for Social Responsibility (PSR) 1875 Connecticut Avenue, NW, Suite 1012 Washington DC 20009 Phone: (202) 667-4260 email: psrnatl@psr.org www.psr.org Three Mile Island Alert 4100 Hillsdale Rd Harrisburg PA 17112 Phone: (717) 541-1101 email: tmia@tmia.com www.tmia.com Riverkeeper 828 South Broadway Tarrytown NY 10591 Phone: (800) 21 -RIVER email: info@riverkeeper.org www.river eeper.org The Guacamole Fund P.O. Box 699 Hermosa Beach CA 90254 Phone: (310) 374-4837 email: guacamole@bigplanet.com www.guacfund.org CANE - Coalition Against Nuclear Energy South Africa www.cane.org.za Also please visit: www.ratical.org, where much of Dr. John W. Gofman's research has been made available online. Beyond Nuclear at Nuclear Policy Research Institute 6930 Carroll Avenue, Suite 400 Takoma Park MD 20912 Phone: (301) 270-2209 email: info@beyondnuclear.org www.beyondn uclea r.org Institute for Energy and Environmental Research (IEER) 6935 Laurel Ave., Suite 201 Takoma Park MD 20912 Phone: (301) 270-5500 email: info@ieer.org www.ieer.org Citizens Awareness Network (CAN) P.O. Box 83 Shelburne Falls MA 01370 Phone: (413) 339-5781 www.nukebusters.org Southern Alliance for Clean Energy (SACE) P.O. Box 1842 Knoxville TN 37901 Phone: (865) 637-6055 email: info@cleanenergy.org www.cleanenergy.org New England Coalition on Nuclear Pollution (NECNP) P.O. Box 545 Brattleboro VT 05302 Phone: (802) 257-0336 email: necnp@necnp.org www.neweng andcoali ion.org Canadian Coalition for Nuclear Responsibility (CCNR) c.p. 236, Station Snowdon, Montreal QC I -13X 3T4 CANADA email: ccnr@web.ca www.ccnr.org European Committee on Radiation Risk (ECRB) Avenue de la Fauconnerie 73, B-1170 Bruxelles, BELGIUM email: info@euradcom.org www.euradcom.org Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 52 s • Contacts: ,con,., NJPIRG NJPERG Citizen Lobby 143 East State Street, Suite 6 Trenton, NJ 08608 Phone: (609) 394-8155 www.njpirg.org NCWARN North Carolina Waste Awareness & Reduction Network P.O. Box 61051 Durham NC 27715-1051 Phone: (919) 416-5077 email: ncwarn@ncwarn.org www.ncwarn.org Hanford Watch email: paigeknight@comcast.net www.hanfordwatch.org Int'1 Inst. of Concern for Public Health PO Box 80523 RPO White Shields 2300 Lawrence Ave. East Toronto Ontario Canada M 1 P 4Z5 Phone: (416) 786-6128 email: info@iicph.org www.iicph.org Nukefree.org Harvey Wasserman, Senior Advisor & Website Editor: email: windhw@mac.com Mary Skerrett, Program Director and Outreach Coordinator: email: mary@nukefree.org www.nukefree.org The Global Network Against Weapons and Nuclear Power in Space Bruce K. Gagnon; Secretary / Coordinator PO Box 652 Brunswick, ME 04011 Phone: (207) 443-9502 email: globalnet@mindspring.com www.space4peace.org (Please contact the author to have your organization added to this list. Thank you!) Google: "Davis Besse 2002" ... "Genpatsu-Shinsai" ... etc.... Written, designed, and colorized by Ace Hoffman (2008) May be freely copied www.acehoffman.org 53 • WAM002,1 Suggestions, comments, or corrections? ' tr Please email the author: ace@acehoffman.org This book may be downloaded (at no charge) from the author's web 1,;* site. If you print it for others, you may charge enough to cover your Tf fr printing costs, plus an appropriate donation for your organization. www.acehoffman.org P.O. Box 1936 Carlsbad, CA 92018 If you would like a printed, bound copy on acid -free 28-1b paper, signed by the author, for bringing to hearings, rallies, court cases, etc., or for your (or somebody's) library, you can purchase elegant print -on -demand copies directly from the author: Price: $25.00 (+ $3.00 Mai) Please contact the author directly for prices on larger quantities.. (Shipping and Handling charges are for North America only. Others, please contact the author for tract rates.) To order with Ma /MC (M -F 9-5 PST): Back Cover: Mayak was a plutonium extraction plant in Russia which blew up September 29, 1957. Estimates are that almost half a million people were poisoned with radiation; 10,000 were evacuated; and hundreds died. The area is now among the worst -polluted on earth. Yet Western authorities to this day claim they never noticed! Surely they DID notice -- but decided not to let the public know, lest it reject this terrible and dangerous technology. Mayak, appropriately enough, means "beacon." The seeds of this project originally appeared as a booklet for California activists (800) 551-2726 or (760) 720-7261 To purchase through Paypal, send payment for "THE CODE KILLERS" with mailing address to: sales@acehoffman.org Above: Nuclear Bomb Effects Computer These were available in the early 1960s and were used to calculate the damage that could be achieved from any given bomb size. Fora digitized Nuclear bomb Effects Computer and many other animated versions of images in this book, please go to the author's web site. • • The more you know, the worse they look. g_tn11.1.1. :- irlr No more inadequate seismic studies No more incomplete tsunami studies No more promises of improvements No more lubricating oil fires, transformer explosions, bent turbine shafts, tritium leaks, dropped cranes, dead batteries, contaminated fuel oil, rusted power cables, stuck valves, cracked tubes or SCRAMs... No more all-new subcontractor teams No more spent nuclear fuel piling up No more `performance matrices" No more "lessons learned" No more falsified records No more near -misses No more hearings No more delays No more lies No more. IUtS 11 10F1E by Ace Hoffman pictorial look at nuclear power,1a.nd in particular San Onofre Nuclear Generating Station's vulnerabilities, in li ht of the ongoing Fukushima Daiichi nuclear catastrophe. ritten pril 27th - 28th, 2011 (last updated August 31st, 2011) is book may be freely reproduced. All images are from the web. "11644 isiwas.'4. 01114, Whoneedsnukes?Not Fukushima Nuclear Accident - Radiation Comparison dms Radiation 14 Imam .rs [ by�ce 121 Scale ii) per hour ID Ownabil gm 7•"'i. 100000 Levala 6-a.. '0 l "—is.i•wawa,* Leval415- ISO Aulde-- r.�". 10060 r.l`...�.... 014.00, al __ ...�i.lYr kb.* 4g00..11106 ilei ...1., r........m,. 10—.._...a.•...vldr. k.o.MO. ...•.1.a t."eai.la Um m ,— — Level 3 - Sale.le 1,10,30.40 Level 2 - locident 4,10 mSv1 Level 1 • Anomaly I Lever 0 . Normal Huge storage containers for contaminated (radioactive) water in Fukushima. Only a tiny fraction of the total are shown here. 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From: http://www.rchoetzlein.comitheory Page: 2 Japan, March 11th, 2011: First the earthquake strikes, then the tsunami strikes, then calamity strikes... This sea wall is only 14 feet above mean high tide! Since at least 2004, everyone except SCE and the NRC has known it's not nearly high enough or strong enough. TEPCO is (was) the largest utility company in the world... San Onofre: MADE IN JAPAN: Steam Generators Turbine shafts Electronics, etc. etc... Fetuses are as much as a thousand times more susceptible to radiation's effects than adults... ... but they can't vote! TEPCO shares at record low Share price performance of Tokyo Electric Power Mar 11 2,121 � �� Mace t621 Mar 22 1,098 9.0 quake and - tsunami hiI norlheast Japan b$1: 81.32 AFP TEPCD Mar 17 756 2,000 1.500 1.000 rt 9 500 A:)r 362 Page: 3 As of June bth, 2011: 207 4,000 mSv owenoe Orem plan. 911190191 ne0eeien An NW') impotent Pn 79791.1 05 5..00 1 0 1503 1 5 070 NO 20 MO• 70 ¶$0 50 75' 70 401 100 141 150 151 200 131 500 111 400 101 500 10 Radiation Exposures 19079.911. Mutts Nob veggIn reeks PoeelN dean n 2 months Broeaw from m0Vr5. r1ro41 Nouns. whiling Mr Ogg Blood diemety 250 mSv NEW cumulative limit for Japanese nuclear workers 100 mSv OLD cumulative limit for Japanese nuclear workers 50 m5v 20 mSv NEW annual limit for ALL Japanese people -- including babies 20 mSv I — EU airline crew annual limit 10 mSv 6 mSv Full body Cr scan Background— One year in ldaho rou�—One year at sea leo 1404 d12 mSv el 1 mSv OLD annual lims or or ' �nary.]apanesepeeop e 0.08 mSv Shown below: Pouring poisons into the oceans at Fukushima. Standard Operating Procedure every day at ALL nuke plants. Peoureta9 sera. eelrlwak.e 29 000 33,000 37000 50.000 ,54.000 979.000 571.000 Life expectancy in the areas around Chernobyl plummeted after the accident there. G.E. Mark 1 BWR. There are 23 like it in America... our regulators want to keep them all operating just like Japan's did! lclnneMk lrnopeeue d Byeel Masao, heave Vowel What exploded HERE? Page: 4 1 MIMOSA - •nrrou-s...u.IMO __- ._wr..wirr..u.r ru.$..r-r.•w..r. _ 1 1 1, 1 1 1 1 1 1 1! 1 1 1! 1 1 1 yr -. •••••••••• _ - .r___,• - _ _.,. _..- ...M•MINMrr_ r—«...r. —... Imo.•r..w•wrw•r• r.. •0111.•••• - lump 1.MMwares. lawn. al•A.M - .n...M .y10 11 1I!i I 1 I 11 1 I I 1.1 !III! .1....••....M...rrr11 9/110.01. r.. M.I.. 1111111111111111111111111111111i 1111111111 MUNE ..rrammo nom .r...1.1 AM. M••.Ma MA ••••pt 1 1 1 1! 1 1 1 1 1 1 1 1 1 1 1! 1 1 1!! - lia•••.• • 1..•.. Amp WI •ai.•••M . Iwo. ...... •..r o1.• Radiation Ievels spiked in Japan after Fukushima Daiichi... ...and remain eIevated... •. •. • • • • • *me A... Iran. u., sn..wnwa. •.•ARM r.. - .w. •.•Mr . ••••••• MOM• la_.•r... ..w _r..u.._.rwu.r. _M • M •.......• r •ar. a M-e.r ' Page: 5 ■Y=flAIIY •.rr.. b N. Irma. Mau MA as. ..r ▪ 1.206 MN Who. s.•.arr.. - ..na.....e "w11111111111111111111111111111111 1 11111 1 11fi��ii�i�lilf l�1114141 w LP WA. - r.•rr.w.. - .+r.... rrr..... - .•••••._. - a_•.._. ._.. Pon . •fwY•••_.r.rr Maass. w1rr.1..-r.rw ur 1114411411411i4411t41 • Using a cement pump to cool the reactor! The "experts" don't have ANY idea about what to do at Fukushima Daiichi. Why should we trust them here? Chernobyl as it is, and the planned new sarcophagus (the old one wasn't good enough) BeJeNE. Plumes... Page: 6 • • i Water Storage in U5 US Water Cycle Water storage in the atmosphere - - Sublimation cipitatian y Evapotranspiration Deswb4imation Sn0Wi/Salt runoff to str3inis oto 4, arE'r Oaoartmoot of CIM !Work). Gootayitcat Surrey Fog drip Evaporation * ondermailos Surface runoff :6- ow - Groundwelof siorart-- Water storage in oceans tnuotabort by Joni 1R. E pop. Aga *ater.uigs_gov etfuw RECHARGE AREA DISCHARGE AREA Unconfined i `--... aquifer Baa o`� -if" ` _ _ Confining bed t Confined aquifer Fresh- water 3% Earth's water Page: 7 All water is precious and should not be wasted on nuclear power! Every nuclear power plant uses billions of gallons of water every day, raising its temperature significantly, destroying fish larvae and other living organisms, and irradiating it "below legal limits" (which were set to allow the plants to operate -- NOT for public safety!). Fukushima has measurably and dangerously irradiated the entire planet. San Onofre's spent fuel pools, dry casks, and two operating reactors contain millions of pounds of spent fuel -- just like Fukushima Daiichi. Distribution of Earth's Water r Other 0.9% Ground water 30.1% Freshwater Surface water 0-3% Rivers 2% Fresh surface water (liquid) • Reactors vs. nearby populations: 0 Ships pushed inland, bottled water shortage in Tokyo, hosing down Fukushima, splitting the atom, banned vegetables from Fukushima Prefecture. �hNlhllh«�. 0111//i! 0, Energy g ails/ m oltrsseals Mo 165 MeV ' Ni.„, 4%,P1,,1r111•,S;C\ a Gamma -rays 1 1 ‘ 1% heulrons II MeV 141 y/�' Sl4teV Beta_panlcles 911 ii, 1 S MeV Q O c, 1 1 MeV s ra.200 ,MeV From: The Atom from A to Z 4 cauliflower ousaitai Page: 8 • i There is enough excess capacity and waste to allow closing ALL nuclear power plants in the USA 1• Lawrence Uvermore National Laboratory Estimated US. Energy Use in 2009: —94.6 Quads ketone UJ& 20lD. Doe to Weed sin DOE/EIA-O1M12OOSL Aupuu fer10. if dos Inlennwee or a npaiieuan tl it it hood. Midi Must to ghee,* dor towrwnn Uowwwo Nnd Laboratory arid do Dprtnwne .f Enrpr. rardr whine auspices the work win p•r'lerwwl. Distributed aleatekMy repna*sda raft WWI eladrld7 sales and does nor Include wlf-ltnwratMn EIA reports Mews ler non-tlrwMd resources 41.e. hides• wind and solar) In STU-sWruMw values lor lamming • typical loud hes Ore Iwo Ma' The sNloawq .1 electricity preAwiian h calculated a the weal ctrl eloirselty dulerd *Med by the primary *swept/ MINA IMO Wade * parrralwn. End use efficiency is enflamed no BOK for die madonna car•r./ci all and irdurviai a.bter. W a MA ire de ererwprlrirr sober. Tara may net owed ren at/ ea.rpaesres dee a und.Pwrd.af .a.dra- l-e1OS2 r Tsunami strikes Fukushima Daiichi March 11, 2011 Page: 9 Figure VI. Surface arounda.po.lUon or upwm-137 released In The Chernobyl accelnt mot On April 26', 2011, Physicians for Nuclear Responsibility stated that the U.S. 10 - mile evacuation plan was inadequate and should be extended to 50 miles. One-third of the U.S. population lives within 50 miles of nuclear power plants. No country is ready for a nuclear disaster. No country can be. Page: 10 1 Got Radiation? 1200+ square miles contaminated by Chernobyl. One million dead. Expect at least as large a "forbidden zone" from Fukushima. And at least as many dead. This curve applies to all large industrial 1 1 products and most small ones, too. The Bathtub Curve Hypothetical Failure Rate versus Time Intent Mortally Decreasing Failure Rat. End slide Wear -Out Increasing Failure Ret. Normal life (Useful Life) Law 'Constant' Failure R stir T1me »NOW? A bad idea doesn't get better with age. pb Ames ing Tanks This document may be downloaded from the author's web site: www.acehoffman.org Large boalwere pushed far inland by the tsunami that devastated Japan and inundated the Fukushima Daiichi nuclear reactors. San Onofre is surely just as vulnerable, or even more so. "curry" "Moe" "Larry" Explosions, radioactive steam, spent fuel pools burning... boats on land... houses in the sea... .�. 11111 ow 111 111111 Cancer rates in Japan will rise. Page: 11 SBP's Deep>Ser Horizon Platform, 20I0 Remember THIS epic failure, just one year earlier? Fukushima Daiichi is far worse! Renewables are the onlysolution! The region's most populous areas are crisscrossed by faults capable of deUvering Jolts of magnitudes equal to or greater than the 1994 Northridge earthquake, which measured 6.7. Below, the latest fault map released by the California Geological Survey is coupled with earthquake scientists' estimates of the maximum magnitude of potential quakes on those faults. Less than 6.7 or unrated 6.7 to 7.5 7.5 to 8.0 8.0+ KEW`. �; _:•,iv SIGN BERNARDeeO COUNTY NEWPORT-INGLEWOOD 7.5 TO 8.0 (10 X more powerful than Northridge Quake s6 W:[s tiisimmrsiratik SAN DIEGO COUNTY t '?ER;a.; C()UNT., n Diego UEXi00 Soirees: Un.ed States Geolog.cal Survey, Cahtnrn.a Geologrest Survey. Umtorm CaMorrra (.ttthpuake Rupture rorecast. Sotehern Cahlo.nU Eytnq,uke Center G,.a s report+,; by D000 $rtTK. Toorea Sun LAI/D1111 Los AniNes Times Page: 12 Wffat about the waste? "No place for waste: On Saturday [1/31/1998j, the Federal government is supposed to start taking nuclear waste from U.S. power plants, but it's not ready. If a permanent storage site can't be found, Americans could be facing energy costs and serious environmental problems." -- Bel Salisbury, Washington Bureau, January 306, 1998, Page IA, St. Paul Pioneer Press (MN) (From newsbank archives) "The science is incomplete, unsound, and it is clear that Yucca Mountain is not a safe site for storing nuclear waste. The Yucca Mountain project has been on life support for a Iong time, and I am working hard to finally put an end to it. The Yucca Mountain project is decades behind schedule and tens of billions of dollars over budget.... Instead of wasting up to $100 billion to construct a nuclear waste dump in Nevada, 1 am working to require nuclear power plants to store waste on site where it was produced." -- Senator Harry Reid, in a letter to constituent Nikoli McCracken, June 2314, 2008 So shut them down already! Once a nuclear power plant is shut down, it doesn't create a NEW lethal dose of spent fuel at an average rate of about 250 pounds per day. There will never be a safe way to store the waste because ionizing radiation destroys its containers. And for every atom split for energy, TWO fission products are created, and sometimes a plutonium atom or a tritium atom, as well. Then, sooner or later, something like Fukushima Daiichi happens and they all get released. Just for electricity, which we can get from clean wind turbines offshore, and dozens of other safe ways? No way! Shut -down is the ONLY option: The only thing that will work. Not stricter licensing, tsunami wall improvements, new batches of better workers, more inspections, or anything else. Just shut 'em down. In response to Fukushima, Southern California Edison says that San Onofre's emergency diesel generator's fuel *mks are underground, so they can't wash away like in Japan. They say the generators themselves, on the other hand (the ones they forgot to test periodically, the ones that were wired wrong, the ones that wouldn't start, etc. over the years -- THOSE generators) are high above any possible tsunami. But what happens when mountains :3f water and debris tear apart everything in-between, or gets into the diesel generators because they AREN'T :'gh enough, and fouls the underground fuel tanks, and the batteries and cross -feeds weren't connected right :n the first place (even if they passed the rigged tests that were finally done...)... what happens THEN? K hft happens when a jumbo jet smashes into everything? Really: Does ANYONE need another report before the -decide they're for shutdown?!?! What about poor workmanship? That can make it impossible for even the best "experts" to stop a meltdown from oti.curring. Sabotage? Terrorists have been threatening to attack our nuclear plants for decades. Natural disaster;:? A swarm of tornadoes on the U.S. East Coast shut down FIVE reactors in just one week in April (2011)!, NONE were shut down voluntarily: In every case, the utilities waited until offsite power was actually lost to "SCRAM" (insert the control rods into) the reactors. That's more profitable than taking precautions. Offsite power CAN be lost. Damage to roads can make timely repairs impossible. Phone lines can be down, cell phone communication too. So the idea that the plant's operators will always be able to call in anything they need "next time" is preposterous. It might be that no one even knows they're in trouble! It might happen so fast, or so inexorably , that nothing can be done to stop it. Page: 13 •Unded States - Annual Average Wind Speed e1 Id • � .,:..- 1 AWS .:;NREL Wind potential in America... Geothermal resources in America... M En.rgy Sources (942 Quadrillion Btu) Renewable Energy Sources (7.0 Quadrillion Btu) sax r% Geothermal 5% Renewable Energy U omass 43% wino 0.5% Hydroelectric 50% Totals may not equal sun or components due to independent tdUndmg Supporta clean, sustainable energy policy for our children, for our planet, and for ourselves! Solar power is abundant in SoCal! World Coal Reserves Wind energy: Clean, efficient, safe... Page: 14 Although coal is plentiful in many countries, we don't need to keep burning coal, either! It's a lot easier to let the breeze turn a wind turbine, or to install solar panels, than it is to dig coal! And it's a lot better for the environment, too! Energy from the sun! Now, tomorrow, and forever! Is the U.S. Altar industry any better than Man's or Russia's? No! "[In 2002] the Davis -Besse reactor, near Toledo, missed bringing Chernobyl to the Great Lakes by a mere frac- tion of an inch of deteriorating metal. Boric acid ate through six inches of solid steel and Ieft only a warped shard between the superheated core and unfathomable catastrophe. " -- The Hole -in -the Head Nuke: Will They Restart Davis -Bessie? by Harvey Wasserman, CounterPunch, July 7, 2003: http://www.counterpunch.org/wasserman07072003.html Are dry casks a safe way to store used reactor cores? No! "NCI calculations show penetration of up to 6 feet of reinforced concrete by jumbo jet engine is plausible... NRC should disown NEI's fraudulent claim that the Sandia video of the F-4 crash test into a concrete wall "speaks for itself." -- Post -9/11 Security At Nuclear Power Plants, Paul Leventhal, Nuclear Control Institute, NRC Regulatory Information Conference, Washington, DC, March 5, 2002 Can nuclear power ever be made safe? No! "With the 25th anniversary of the Chernobyl nuclear plant catastrophe having arrived, and with the disaster at the Fukushima nuclear complex still unfolding --and radioactivity continuing to spew from thoseplants--some people are asking: can nuclear power be made safe. The answer is no. Nuclear power can never be made safe." -- Karl Grossman, Investigative Reporter, April, 2011 Spent Fuel: A growing hazard for all: "Nuclear expert Robert Alvarez, advisor to Clinton, wrote in mid-March that a single spent fuel -rod pool -- as in Fukushima number 4 or Shearon Harris -- holds more caesium 137 than was deposited by all atmospheric nuclear-weeapons tests in the northern hemisphere combined; an explosion in that pool could blast `perhaps three to nine times as much of these materials into the air as was released by the Chernobyl reactor disaster'... nuclear power's entire history has been the methodical breaching of supposedly reliable safeguards... In political terms, nuclear power has always been a war on the people " From Alexander Cockburn, New Left Review, May 20I1 Does ANYONE presume San Onofre might be a terrorist's target? "David Edge, county administrative officer and emergency services director for the San Luis Obispo area, explained why it is unlikely terrorists would attack the nearby Diablo Canyon Nuclear Power facility: `I wouldn't put it high on the list because we are a low population area ... We've got 250,000 [people] around Diablo. They've got 8 or 9 million around San Onofre.:" - - September 12, 2001 article by Jerry Bunin, reporter for The Tribune, San Luis Obispo, Calif. ... And how does THIS make you feel? "A worker trained to watch for fires at the San Onofre nuclear power plant falsified records and skipped hourly rounds on `numerous occasions' for more than five years, federal regulators said Monday." - - Craig TenBroeck, NC Times, Regulatory agency orders changes to address `safety culture' issues, Tuesday, January 15, 2008 1:06 AM PST Reports like that have surfaced year after year... DESPITE threats of retaliation against whistleblowers who expose such secrets! Page: 1 5 What can you do tohelp? You can send this entire document -- with a cover letter explaining your reasons for doing so -- to your favorite (or least favorite) elected representative(s), to inform them about the dangers and to show community support for closing San Onofre Nuclear Generating Station. Tell the politicians you won't be voting for them in the future (even if you wouldn't vote for them anyway) if they won't call for CLOSING SONGS IMMEDIATELY! Please contact the author for additional copies of this document, or it can be printed from his web site: acehoffrnan.orglpetitions/shut-san-onofre.pdf To learn more: Hoffman's 2008 handbook about nuclear issues can also be downloaded free from his web site: www.acehoffman.org fill' 6111111 Why DNA and ionizing radiation are a dangerous mix why DNA :ani# Jonrzr�►rQdfiQtfov� 1� a re a c woogerous ►xf1JC R fI }Trow ollthe"ruclear Mrdrstry II...i' Radiation: Whatt in you today? I 1.4 ..: MAN lisoomm000 Immo. bee ...H... 111. _ ......C,u.. 1 % .limper. swap .�....Y. W. .wr Ih ,wnr• J.wL.w.n_ = - Roc mor rola= pm. —....,lpo. 11,. p .— Y poMOM w bay MAW a.n. •A.4r.Ir,.M JAIN NW .111.1.4 41111.111.01*~1.1 boo alrl.glcal Half-life 11. Y.M.R dWf- o.iM.4..Y/W ndbobotkolws 10+....d,}'.f. .01 01 ob. oblhootb of .....M.... gob.. r.. ...q... Ow limy, yr of •all .Y r. boul eirollmabko wrn..n. a.agn.d. ul alenne by Am........ SSI May r' Ion/ a►+od oroenbellyellmlauirg 6 This document is for educational purposes and may be freely copied. All images are from the web. Page: 16