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012213 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 22, 2013 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9 (b) and (c) with respect to a matter of potential litigation and will discuss whether to initiate litigation and intervene in the bankruptcy action involving the YMCA of Riverside City and County, Bankruptcy Petition No. 6:12-bk-38087-MH, Central District of California (Riverside). A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 2) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Certified EIR for the Liberty Quarry project to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. al., Granite Construction Co. et. aL, real party in interest" Riverside County Superior Court No. RIC 1211312. 3) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Riverside County Fast Track Policy to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. aL," Riverside County Superior Court No. RIC 1215119. 4) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for the sale of portions of the following real properties needed for the Riverside County Flood Control and Water Conservation District and the United States Army Corps of Engineers' Murrieta Creek Environmental Restoration and Recreation Project: A. A portion of the real property owned by the City of Temecula. The subject real property is improved with the Old Town Temecula Community Theater and is identified as Riverside County Assessor's 1 Parcel Number 922-036-037. The property has a frontage on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. B. A portion of the real property owned by the City of Temecula. The subject real property is improved with the Pennypickle's Workshop, Temecula Children Museum, and is identified as Riverside County Assessor's Parcel Number 922-036-042. The property has a frontage on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. C. A portion of the real property owned by the Successor Agency to the Temecula Redevelopment Agency (SARDA). The subject real property is a vacant parcel within the City of Temecula and is identified as Riverside County Assessor's Parcel Number 922-053-020. The property has a frontage on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. D. A portion of the real property owned by the Successor Agency to the Temecula Redevelopment Agency (SARDA). The subject real property is a vacant parcel within the City of Temecula and is identified as Riverside County Assessor's Parcel Number 922-053-021. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. E. A portion of the real property owned by the City of Temecula. The subject real property is improved with the Temecula Stampede parking, south side, and is identified as Riverside County Assessor's Parcel Number 922-073-024. The property has a frontage on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. F. A portion of the real property owned by the City of Temecula. The subject real property is improved with the Temecula Stampede parking, north side and is identified as Riverside County Assessor's Parcel Number 922-046-025. The property has a frontage on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. The City negotiators for each of these parcels are Greg Butler and Amer Attar. Under negotiation are the price and terms of the sale 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. Next in Order: Ordinance: 13-02 Resolution: 13-02 2 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Chaparral High School Cast of Legally Blonde Invocation: Senior Pastor Sandy Bentz of Hope Lutheran Church Flag Salute: Mayor Pro Tem Edwards ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Susan Mivamoto 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 prior to the City Council addressing Public Comments and the Consent Calendar. 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. 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. 3 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of January 8, 2013. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 U.S. House of Representatives District Office Lease Agreement with Congressman Duncan Hunter at Temecula Civic Center RECOMMENDATION: 4.1 Approve U.S. House of Representatives District Office Lease Agreement with Congressman Duncan Hunter at Temecula Civic Center; 4.2 Accelerate an appropriation of $15,000 in DIF Corporate Facility funds from Fiscal Year 2013-14 to Fiscal Year 2012-13. 5 2013 Workers' Compensation Coverage Annual Renewal RECOMMENDATION: 5.1 Approve a contract with the City's current Workers' Compensation Insurance Carrier, Travelers Insurance Company, to continue as the City's Employee Workers' Compensation Insurance Carrier from February 1, 2013 to February 1, 2014, at an estimated premium cost of $346,780. 6 Fifth Amendment to "Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop" RECOMMENDATION: 6.1 Approve the Fifth Amendment to "Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop." 4 7 Approval of the Fiscal Year 2013-14 Temecula Valley Tourism Business Improvement District (TVTBID) Advisory Board's Annual Report and Levy of an Assessment against Lodging Businesses within the TVTBID for Fiscal Year 2013-14 RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2013-14 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 7.2 Adopt a resolution entitled: RESOLUTION NO. 13- 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 BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2013-14 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 8 An additional expenditure of $6,557 to Western Riverside Council of Governments (VVRCOG) for a contract total of $66,557 to perform additional tasks/work above and beyond the original scope of work (Long Range Planning Project No. LR10-0017) RECOMMENDATION: 8.1 Approve an additional expenditure of $6,557 to Western Riverside Council of Governments (VVRCOG) for a contract total of $66,557 to perform additional tasks/work above and beyond the original scope of work. 9 Summary Vacation of Slope Easement adjacent to Murrieta Hot Springs Road at Red Bridge Road in Tract Map No. 29353-1 RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE A SLOPE EASEMENT ADJACENT TO MURRIETA HOT SPRINGS ROAD WITHIN TRACT MAP NO. 29353-1 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAYS CODE 5 10 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Pavement Rehabilitation Program, PVV10-15, Rancho Vista Road (Margarita to Paseo Goleta) RECOMMENDATION: 10.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program, PW10-15, Rancho Vista Road (Margarita to Paseo Goleta); 10.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 11 Second reading of Ordinance No. 13-01 RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 13-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 18 (GRADING, EROSION AND SEDIMENT CONTROL) OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD A NEW TITLE 18 ENTITLED "CONSTRUCTION, GRADING AND ENCROACHMENT" TO MAKE CONSISTENT WITH THE 2010 CALIFORNIA BUILDING CODE AND TO MAKE OTHER MINOR RE -ORGANIZATIONAL REVISIONS ****************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 13-01 Resolution: No. CSD 13-01 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 prior to the Board of Directors addressing Public Comments and the Consent Calendar. 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 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 12 Action Minutes RECOMMENDATION: 12.1 Approve the action minutes of January 8, 2013. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, February 12, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 7 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 8 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 13 A General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential, a Zoning Text Amendment to revise the text for Planned Development Overlay -11 (PDO -11), a Development Plan to construct 120 apartment units, and a Mitigated Negative Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road (Planning Application Nos. PA12-0034 and PA12-0033) — Continued from January 8, 2013 RECOMMENDATION: 13.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H), AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PA12-0034) (APN 944-060-006) 13.2 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE RANCHO VISTA VILLAGE APARTMENTS LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PA12-0033) (APN 944-060-006) 13.3 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED 9 DEVELOPMENT OVERLAY -11 (PDO -11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (APN 944-060-006) CITY COUNCIL BUSINESS 14 Selection of 2013 City Council Committee Assignments RECOMMENDATION: 14.1 Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees: Commission Liaison (One Member) Current Member Community Services Commission Comerchero Old Town Local Review Board Washington Planning Commission Naggar Public/Traffic Safety Commission Edwards 14.2 Appoint two members of the City Council to serve on each of the following Standing Committees: Standing Committees (Two Members) Current Members City Sustainability Program Committee Roberts, Washington Economic Development Committee Washington, Roberts Old Town Steering Committee Naggar, Roberts Finance Committee Naggar, Washington Infrastructure Beautification Committee Edwards, Naggar Joint City Council/TVUSD Committee Edwards, Washington Murrieta/Temecula Committee Naggar, Washington Public Works Committee Edwards, Roberts Southwest Cities Coalition Committee Edwards, Comerchero Youth, Family and Health Regional Task Force Naggar, Edwards 14.3 Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations — does not include a stipend): Representative Assignments (External Organizations) Current Member(s) Animal Shelter Liaison/JPA Representative Edwards League of California Congress — 2013 Voting Delegate Naggar, (Alternate Edwards) Military Liaison Representative Comerchero National League of Cities Annual Congress — 2013 Voting Delegate Naggar, (Alternate Edwards) Pechanga Tribal Council Liaison Roberts, (Alternate Naggar) 10 Rancho California Water District Liaison Comerchero, Roberts Riverside County Child Safety Commission/School District Liaison Edwards Supportive Housing/Services Liaison (recommend move and create Ad Hoc Subcommittee) Washington Temecula Sister City Liaison Roberts 14.4 Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations — may include a stipend): Representative Assignments (External Organizations) Current Member(s) RCA Representative Edwards, (no alternate) Riverside County Habitat Conservation Agency Board Edwards, (Alternate Washington) Riverside County Transportation Commission Roberts, (Alternate Comerchero) Riverside Transit Agency Representative Comerchero, (Alternate Edwards) WRCOG Executive Committee and Zone Committee Washington, (Alternate Roberts) 14.5 Appoint members of the City Council to serve on each of the following Ad Hoc Subcommittees: Ad Hoc Subcommittees (Two members) Current Members Arts and Cultural Affairs Ad Hoc Subcommittee Comerchero, Edwards Civic Center Concert Ad Hoc Subcommittee Comerchero, Washington Community Service Funding Ad Hoc Subcommittee Naggar, Washington Diaz Property Ad Hoc Subcommittee Naggar, Washington eGovernment and Temecula Outreach Ad Hoc Subcommittee Comerchero, Edwards Firestone Property Ad Hoc Subcommittee Comerchero, Naggar French Valley Parkway Interchange Ad Hoc Subcommittee Comerchero, Roberts Higher Education Ad Hoc Subcommittee Naggar, Washington Inclusive Play Structure Ad Hoc Subcommittee Naggar, Comerchero Jefferson Corridor Ad Hoc Subcommittee Roberts, Comerchero Luxury Car Dealership Ad Hoc Subcommittee Washington, Roberts Nicolas Valley Ad Hoc Subcommittee Roberts, Washington Old Town Civic Center Ad Hoc Subcommittee (recommend deletion) Comerchero, Roberts Old Town Gym Ad Hoc Subcommittee Comerchero, Washington Parks and Recreation Ad Hoc Subcommittee Comerchero, Washington Promenade Mall Ad Hoc Subcommittee Comerchero, Washington Public Facilities Ad Hoc Subcommittee Edwards, Roberts Quality of Life Master Plan Ad Hoc Subcommittee Roberts, Washington Ronald Reagan Sports Park Ad Hoc Subcommittee Edwards, Naggar Roripaugh Ranch Ad Hoc Subcommittee Comerchero, Roberts Santa Margarita Annexation Ad Hoc Subcommittee (recommend deletion) Edwards, Comerchero Small Business Incubator Ad Hoc Subcommittee Comerchero, Washington 11 South Temecula Land and Transportation Ad Hoc Subcommittee Roberts, Washington Summerhouse Development Ad Hoc Subcommittee Roberts, Washington Teen Village Ad Hoc Subcommittee Comerchero, Washington Temecula Healthcare Ad Hoc Subcommittee Comerchero, Naggar Trails Ad Hoc Subcommittee Naggar, Washington Transit/Transportation Ad Hoc Subcommittee Roberts, Comerchero Wall of Honor Ad Hoc Subcommittee Comerchero, Edwards Youth Master Plan Implementation Ad Hoc Subcommittee Naggar, Washington 14.6 Consider appointing members of the City Council to serve on each of the following Ad Hoc Subcommittees proposed as new subcommittees: Ad Hoc Subcommittees (Two members) Current Members Annexation/Open Space Ad Hoc Subcommittee Human Services Ad Hoc Subcommittee Murrieta Creek Project Ad Hoc Subcommittee Supportive Housing Ad Hoc Subcommittee 14.7 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A REVISED FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS 15 Human Services Update (at the request of Mayor Naggar) RECOMMENDATION: 15.1 Receive and file. 16 Discussion of Farmer's Market Operating/Licensing Agreement and Proposed Process RECOMMENDATION: 16.1 Approve the Old Town Steering Committee's recommendation to not issue a Request for Proposals (RFP) and negotiate a new Licensing/Operating Agreement with Farmer's Market Management, Inc. for the management and operation of a Certified Farmer's Market. 12 DEPARTMENTAL REPORTS 17 Development Services Department Monthly Report 18 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, February 12, 2013, 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 public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.citvoftemecula.orq — and will be available for public viewing at the respective meeting. 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 viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 13 PRESENTATIONS City of Temecula Certjflcate of Appreciation cie 0. f 0.: -• '(I• • � Presented on behalf of the City Council and the ' - •c' - — '�"., • • - �. = citizens of the City of Temecula to: = _ Susan Miyamoto for unselfishly giving of her time and talents, organizing and providing beautiful prelude music for City Council meetings. Recognizing how music and the arts bring culture and beauty to a community, Temecula is truly fortunate to have Susan continually training and mentoring Temecula's next generation of musicians. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty- second day of January, 2013. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 8, 2013 — 7:00 PM 6:00 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9 (b) and (c) with respect to a matter of potential litigation and will discuss whether to initiate litigation and intervene in the bankruptcy action involving the YMCA of Riverside City and County, Bankruptcy Petition No. 6:12-bk-38087-MH, Central District of California (Riverside). A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 2) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Certified EIR for the Liberty Quarry project to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. al., Granite Construction Co. et. aL, real party in interest" Riverside County Superior Court No. RIC 1211312 3) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Riverside County Fast Track Policy to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. aL," Riverside County Superior Court No. RIC 1215119. 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 6:00 P.M., Mayor Naggar called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Joshua Jurkosky Invocation: Bishop Glenn Frazier of Beracah Faith Ministries International Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar Action Minutes 010812 1 PRESENTATIONS/PROCLAMATIONS Presentation of Gavel from previous Mayor Chuck Washington to incoming Mayor Mike Naqqar Service Awards — Mayor Pro Tem Edwards, Jim Meyler, Michael McCracken, and John Telesio, and Albert Blair Donation of Vineyard Panoramic — Bodhi Smith, Photographer Presentation — Mayor Naqqar will draw Bike Raffle Winners "It's Not About the Bike" PUBLIC COMMENTS The following individuals addressed the City Council: • Richard Dierking • Anne Bowman CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of December 11, 2012. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 010812 2 4 City Treasurer's Report as of November 30, 2012 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of November 30, 2012. 5 Memorandum of Understanding Labor Agreement First Amendment — Cafeteria Plan Re -opener — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve an Agreement, effective January 1, 2013, amending the Memorandum of Understanding (M.O.U.) Labor Agreement, effective July 1, 2011, between the City and the General Employees of the City of Temecula, represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911. 6 Acceptance of Improvements and Notice of Completion for the Duck Pond Fence Replacement, PW11-08 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Accept the construction of the Duck Pond Fence Replacement, PW11-08, as complete; 6.2 Direct the City Clerk to file and record the Notice of Completion and release the Performance Bond; 6.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 7 Fifth Amendment to the Agreement with KRW & Associates for Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2012-13 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve a Fifth Amendment to the Agreement with KRW & Associates to increase the payment terms by $10,000 for a total contract amount of $70,000 for engineering plan check, map and legal description review for Fiscal Year 2012-13. Action Minutes 010812 3 8 Award of a Construction Contract for the Main Street Bridge Over Murrieta Creek (Replacement), PW 03-05 — Approved Staff Recommendation (4-0-1, Council Member Roberts voted in opposition) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Roberts in opposition. The first motion failed (2-0-0-3, Council Member Comerchero, Roberts and Washington abstaining) Mayor Naggar made the motion; it was seconded by Council Member Edwards and electronic vote reflected failure of approval with Council Members Comerchero, Roberts and Washington abstaining. Council Member Roberts made the motion to continue the item for two weeks to provide additional information regarding timing of the Grant Funding and options to the Council regarding this contract; it was seconded by Council Member Comerchero; Per the approval of City Attorney Thorson, the motion was withdrawn by Council Member Roberts; and Council Member Comerchero withdrew his second. RECOMMENDATION: 8.1 Award a construction contract for the Main Street Bridge Over Murrieta Creek (Replacement), PW03-05 to Granite Construction Company in the amount of $4,770,079; 8.2 Authorize the Interim City Manager to approve change orders not to exceed the contingency amount of $477,007.90, which is equal to 10% of the contract amount; 8.3 Make a finding that the Pavement Rehabilitation — Main Street Bridge Over Murrieta Creek (Replacement) is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 9 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Fiscal Year 2011-12, PW11-09 —Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve an increase to the contingency of the Citywide Slurry Seal Fiscal Year 2011-12, PW11-09, in the amount of $10,322.39 and increase the Interim City Manager approval authority by that same amount; 9.2 Accept the construction of the Citywide Slurry Seal Fiscal Year 2011-12, PW11- 09, as complete; 9.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 9.4 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. Action Minutes 010812 4 10 Santiago Road Design Guideline — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the Santiago Road Design Guideline. RECESS At 8:10 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:13 P.M., the City Council resumed with regular business. PUBLIC HEARING 13 Update on the Initial Study for a General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential, a Zoning Text Amendment to revise the text for Planned Development Overlay -11 (PDO -11), a Development Plan to construct 120 apartment units, and a Mitigated Negative Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road (Planning Application Nos. PA12-0034 and PA12-0033) — Continued from November 13, 2012 — Council Member Washington made the motion to continue the public hearing to the meeting of January 22, 2013; The motion was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 13.1 Review updated information and continue the public hearing to January 22, 2013. CITY COUNCIL BUSINESS 14 Public/Traffic Safety Commission Appointment — Council Member Washington made the motion to reappoint Bob Hagel to a full three-year term on the Public/Traffic Safety Commission; the motion was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 14.1 Appoint one applicant to serve a full three-year term on the Public/Traffic Safety Commission through October 10, 2015. 15 Community Services Commission Appointments — Council Member Washington made the motion to reappoint Charolette Fox and appoint Zak Schwank to serve full three-year terms on the Community Services Commission; the motion was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 15.1 Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2015. Action Minutes 010812 5 16 Amendment to Ordinance No. 04-04 (Grading, Erosion and Sediment Control Ordinance) — Approve Staff Recommendation (5-0-0) The motion was made by Council Member Comerchero; the motion was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 18 (GRADING, EROSION AND SEDIMENT CONTROL) OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD A NEW TITLE 18 ENTITLED "CONSTRUCTION, GRADING AND ENCROACHMENT" TO MAKE CONSISTENT WITH THE 2010 CALIFORNIA BUILDING CODE AND TO MAKE OTHER MINOR RE -ORGANIZATIONAL REVISIONS City Attorney Thorson introduced and read by title only Ordinance No. 13-01. Director of Public Works, Greg Butler presented the staff report as per agenda material. 17 Highway 395 Corridor Study for Southwest Riverside County Update — Received and filed. RECOMMENDATION: 17.1 Receive and file. 18 Formation of a Youth, Family and Health Regional Task Force (at the request of Mayor Naggar) — Council Member Comerchero made the motion to appoint Mayor Naggar and Mayor Pro Tem Edwards as members to the Youth, Family and Health Regional Task Force; the motion was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Initiate the formation of a Youth, Family and Health Regional Task Force; 18.2 Appoint two members of the City Council to participate in the Youth, Family and Health Regional Task Force. The following individuals addressed the Council: • Andrew Duan • Mary Venittelli CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised there was no action to report under the Brown Act. Action Minutes 010812 6 ADJOURNMENT At 9:01 P.M., the City Council meeting was formally adjourned to Tuesday, January 22, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Mike Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 010812 7 Item No. 3 Approvals City Attorney Chief Financial Officer City Manager aL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Chief Financial Officer DATE: January 22, 2013 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- 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. 13- 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 $2,158,180.33. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of January, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 12/27/2012 TOTAL CHECK RUN: $201,109.41 01/03/2013 TOTAL CHECK RUN: 1,551,804.16 12/28/2012 TOTAL PAYROLL RUN: 3,599.44 01/03/2013 TOTAL PAYROLL RUN: 401,667.32 TOTAL LIST OF DEMANDS FOR 01/22/2013 COUNCIL MEETING: $2,158,180.33 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $586,928.11 130 RECOVERY ACT JAG FUNDING 544.11 135 BUSINESS INCUBATOR RESOURCE 20.00 140 COMMUNITY DEV BLOCK GRANT 2,026.05 150 AB 2766 FUND 1,678.74 165 SARDA AFFORDABLE HOUSING 6,963.74 190 TEMECULA COMMUNITY SERVICES DISTRICT 130,746.27 192 TCSD SERVICE LEVEL B 183.16 194 TCSD SERVICE LEVEL D 1,939.03 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 3,677.37 197 TEMECULA LIBRARY FUND 88,121.29 210 CAPITAL IMPROVEMENT PROJECTS FUND 555,050.34 300 INSURANCE FUND 201,078.59 310 VEHICLES FUND 24,924.33 320 INFORMATION TECHNOLOGY 70,808.52 330 SUPPORT SERVICES 6,098.65 340 FACILITIES 19,576.14 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 83.97 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 4,431.32 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 66.67 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.20 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 6,141.57 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 47.60 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 34.94 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 3,396.97 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.27 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.32 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.13 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 2,193.89 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 32.76 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.11 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 114.94 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 372.51 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.35 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 832.34 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 76.17 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 2,226.62 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 10,277.45 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.30 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.17 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 16,474.14 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 63.39 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 48.46 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 227.29 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 289.35 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 40.35 700 CERBT CALIFORNIA EE RETIREE-GASB45 5,004.58 001 GENERAL FUND $251,103.05 140 COMMUNITY DEV BLOCK GRANT 1,494.80 165 SARDA AFFORDABLE HOUSING 7,324.02 190 TEMECULA COMMUNITY SERVICES DISTRICT 82,217.21 192 TCSD SERVICE LEVEL B 224.93 194 TCSD SERVICE LEVEL D 2,662.13 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 433.05 197 TEMECULA LIBRARY FUND 1,060.75 300 INSURANCE FUND 1,354.11 320 INFORMATION TECHNOLOGY 20,217.03 330 SUPPORT SERVICES 3,953.02 340 FACILITIES 9,242.77 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 80.21 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 53.86 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 64.05 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.70 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 129.59 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23.43 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 33.28 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 220.03 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.30 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 9.98 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.79 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 146.86 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 31.38 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.07 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 15.85 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 36.49 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.26 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 136.00 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 72.81 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 197.31 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 333.65 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.00 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.77 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 187.77 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 60.46 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.86 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.77 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 276.78 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.73 700 CERBT CALIFORNIA EE RETIREE-GASB45 21,795.85 $1,752,913.57 405,266.76 TOTAL BY FUND: $2,158,180.33 apChkLst 12/27/2012 1:25:27PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155906 12/27/2012 003859 ALL ABOUT SELF STORAGE 155907 12/27/2012 Void 155908 12/27/2012 Void 155909 12/27/2012 Void 155910 12/27/2012 014663 CONTROL TECH WEST, INC. 155911 12/27/2012 003945 DIAMOND ENVIRONMENTAL SRVCS 155912 12/27/2012 004192 DOWNS COMMERCIAL FUELING INC 155913 12/27/2012 003347 FIRST BANKCARD CENTER 015247 FAMOUS DAVE'S 014583 015495 015496 005954 005954 004618 PALUMBO'S RISTORANTE, LLC BIJAN BAKERY & CAFE SAN DIEGO AIRPORT PARKING FAIRMONT HOTEL SAN JOSE FAIRMONT HOTEL SAN JOSE CALIF NARCOTIC OFFICERS ASSN 008668 WES FLOWERS 014583 PALUMBO'S RISTORANTE, LLC 155914 12/27/2012 012813 GARDNER MIDDLE SCHOOL BAND 155915 12/27/2012 003342 HABITAT FOR HUMANITY 155916 12/27/2012 013321 HESS, JOHN Description Jan '12 storage unit C332: Ch Museum Jan '12 storage unit G702: TCSD Jan storage unit C354: TV Museum Jan '12 storage unit C351: TV Museum controllers: PW Traffic RESTROOM SVCS: LIGHT PARADE 12/7 Fuel for City vehicles: TCSD Fuel for City vehicles: tcsd/sister city SJ meal: closed council mtg 11/13 SJ meal: closed council mtg 11/27 SJ '12 CC new law elec conf San Jose SJ parking:'12 CC new law elec cnf SJ htl:'12 CC new law elec cnf SJ internet:'12 CC new law elec cnf SJ regist:(9) pd staff narcotics cf CW sympathy arrangement:Weinmann RJ meal: staff/city attorney mtg 11/13 performance: winterfest in old town community service funding program Amount Paid Check Total 184.00 100.00 192.00 239.00 21,226.75 877.05 99.76 95.16 247.32 178.92 3.77 56.00 199.52 9.20 390.00 99.95 90.00 125.00 5,000.00 715.00 21,226.75 877.05 194.92 1,274.68 125.00 5,000.00 performance: winterfest 2012 250.00 250.00 Page:1 apChkLst 12/27/2012 1:25:27PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155917 12/27/2012 009467 LANKENAU, STEVE 155918 12/27/2012 000210 LEAGUE OF CALIF CITIES 155919 12/27/2012 004998 LINFIELD SCHOOL 155920 12/27/2012 015491 LOYD, MARY 155921 12/27/2012 000845 NATIONAL LEAGUE OF CITIES 155922 12/27/2012 008820 NEIGHBORS NEWSPAPER (Continued) Description reimb: staff uniform shirts regist: LCC general mtg Lowrey, Betsy performance: winterfest in old town entertainment: new year's eve 2/13-2/14 NLC 6420 mb: city advertising: winterfest in old town 155923 12/27/2012 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: CHILDRENS DIV MUSEUM OFFICE SUPPLIES: CHILDRENS MU: office supplies: Theater misc office supplies: PD mall office misc office supplies: PD mall office 155924 12/27/2012 002105 OLD TOWN TIRE & SERVICE 155925 12/27/2012 002105 OLD TOWN TIRE & SERVICE 155926 12/27/2012 002105 OLD TOWN TIRE & SERVICE 155927 12/27/2012 002105 OLD TOWN TIRE & SERVICE vehicle repair/maint: B&S Dept vehicle repair/maint: pw maint vehicle repair/maint: pw maint vehicle repair/maint: pw maint vehicle repair/maint: pw maint vehicle repair/maint: Code Enf vehicle repair/maint: Code Enf VEHICLE REPAIR/MAINT: POLICE 155928 12/27/2012 001171 ORIENTAL TRADING COMPANY misc supplies: mpsc INC 155929 12/27/2012 000472 PARADISE CHEVROLET CADILLAC 155930 12/27/2012 009066 RADAR SHOP INC, THE 155931 12/27/2012 006738 RANCHO COMMUNITY CHURCH 155932 12/27/2012 005383 RANCHO SPRINGS MEDICAL CENTER misc supplies: special events 2013 Fleet CargoVan:PW Facilities radar gun maint/repair: police Community Grant: Shelter 12/12-3/13 crime victim exams: police Amount Paid Check Total 64.52 40.00 125.00 1,200.00 8,743.00 250.00 175.77 2.22 105.21 21.11 136.28 282.64 128.83 188.51 95.00 79.37 110.95 55.00 36.27 111.00 226.43 24,924.33 111.00 10,000.00 900.00 64.52 40.00 125.00 1,200.00 8,743.00 250.00 440.59 282.64 491.71 165.95 36.27 337.43 24,924.33 111.00 10,000.00 900.00 Page2 apChkLst Final Check List 12127/2012 1:25:27PM CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155933 12/27/2012 000907 RANCHO TEMECULA CAR WASH 155934 12/27/2012 003591 RENES COMMERCIAL MANAGEMENT 155935 12/27/2012 014027 RIVERSIDE CO ECO DEV AGENCY 155936 12/27/2012 000406 RIVERSIDE CO SHERIFFS DEPT 155937 12/27/2012 013250 RIVERSIDE COUNTY OF, SHERIFF (Continued) 155938 12/27/2012 005630 SADDLEBACK MATERIALS CO., INC 155939 12/27/2012 000278 SAN DIEGO UNION TRIBUNE 155940 12/27/2012 001919 SENIOR CITIZENS SERVICE CENTER 155941 12/27/2012 015498 SHAVER, LISA 155942 12/27/2012 015261 SP6 US RETAIL SOURCE 155943 12/27/2012 010924 T & D COMMUNICATIONS, INC. 155944 12/27/2012 005633 TEMECULA MIDDLE SCHOOL 155945 12/27/2012 003677 TEMECULA MOTORSPORTS LLC 155946 12/27/2012 014300 THEATER 16, INC. 155947 12/27/2012 000319 TOMARK SPORTS INC 155948 12/27/2012 015504 TOWARD Description Nov vehicle detailing svcs: Police weed abatement svcs: city row weed abatement: city major aterials clean-up crew: Tight parade JUL-DEC STAFFING: LIBRARY off leash control trn: Staat/Cramer GUARD & BAILIFF SRVCS:YOUTH COURT PGRM filled sand bags:citywide erosion cntrl filled sand bags:citywide erosion cntrl pe 11/18 subcr srvcs:mpsc pe 11/25 subcr srvcs:mpsc pe 12/2 subcr srvcs:mpsc community service funding program reimb: staff uniform shirts sign holder: TV Museum CABLING:TVE2 FACILITY Cabling:CRC/Library performance: winterfest in old town vehicle repair/maint: PD motorcycles performance: new year's eve performance: winterfest 2012 Volleyball Net: CRC partial refund:sec dep:rm Amount Paid Check Total 10.50 3,375.00 8,078.25 1,950.00 83,720.00 790.00 544.11 775.80 775.80 6.50 6.50 6.50 5,000.00 55.98 376.43 1,459.19 2,773.72 125.00 40.05 300.00 250.00 63.88 181.50 10.50 13,403.25 83,720.00 790.00 544.11 1,551.60 19.50 5,000.00 55.98 376.43 4,232.91 125.00 40.05 550.00 63.88 181.50 Page:3 apChkLst Final Check List Page: 4 12/27/2012 1:25:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155949 12/27/2012 006192 TRISTAFF GROUP temp labor svcs: pw maint 993.60 993.60 155950 12/27/2012 013687 TURPIN, SOL WABASA performance: new year's eve 2,000.00 2,000.00 155951 12/27/2012 011659 ULINE INC Utility Cart: CRC 341.24 341.24 155952 12/27/2012 002110 UNITED RENTALS NORTH misc supplies: pw maint 35.39 35.39 AMERICA 155953 12/27/2012 014848 VALUTEC CARD SOLUTIONS, ShoWare gift card svc: Theater 39.16 39.16 LLC 155954 12/27/2012 004261 VERIZON Dec xxx-8625 general usage 159.57 Dec xxx-8165 general usage 94.76 Dec xxx-5072 general usage 1,539.53 Dec xxx-0074 general usage 2,774.23 4,568.09 155955 12/27/2012 004789 VERIZON Internet svcs: Info Tech 174.99 Internet svcs: Police 49.99 224.98 155956 12/27/2012 012292 VIAMEDIA INC advertising: winterfest in Old Town 1,018.00 1,018.00 155957 12/27/2012 009101 VISION ONE INC ShoWare ticketing svcs: Theater 3,141.40 3,141.40 999272 12/17/2012 015500 HALL, STEPHANIE refund:Tiny tots fab 4 & 5s 1045.102 52.00 52.00 999273 12/24/2012 015500 HALL, STEPHANIE refund:Tiny tots fab 4 & 5s 1045.102 20.00 20.00 999274 12/24/2012 015501 MURPHY, MONICA refund:Holiday lights bus tour 15.00 15.00 999275 12/24/2012 015502 NELSON, MICHELE refund:Holiday lights bus tour 20.00 20.00 999276 12/24/2012 015503 ALPHA OMEGA refund:sec dep:rm rental:TCC 200.00 200.00 Grand total for UNION BANK OF CALIFORNIA: 201,109.41 Page:4 apChkLst Final Check List Page: 5 1212712012 1:25:27PM CITY OF TEMECULA 57 checks in this report. Grand Total All Checks: 201 , 1 09.41 Page:5 apChkLst Final Check List Page: 1 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2073 01/02/2013 000444 INSTATAX (EDD) State Income Taxes Payment 212.32 212.32 2074 01/02/2013 000283 INSTATAX (IRS) Federal Income Taxes Payment 923.70 923.70 2075 01/03/2013 010349 CALIF DEPT OF CHILD Support Payment 1,741.71 1,741.71 SUPPORT 2076 01/03/2013 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,661.10 2,661.10 SOLUTION 2077 12/28/2012 000246 PERS (EMPLOYEES' PERS Retirement Payment 824.51 824.51 RETIREMENT) 2078 01/03/2013 000245 PERS- HEALTH INSUR Blue Shield HMO Payment 0.00 PREMIUM PERS Health Admin Cost Payment 91,547.63 91,547.63 2079 01/03/2013 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 6,463.44 6,463.44 303355 2080 01/03/2013 000444 INSTATAX (EDD) State Disability Ins Payment 19,571.84 19,571.84 2081 01/03/2013 000283 INSTATAX (IRS) Federal Income Taxes Payment 71,100.24 71,100.24 2082 01/03/2013 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 16,659.40 16,65940 SOLUTION 2083 01/03/2013 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 138,146.82 138,146.82 RETIREMENT) 2084 01/03/2013 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 5,430.89 5,430.89 155958 12/27/2012 014294 AN FINSON, STEVEN performance: new year's eve 1,250.00 1,250.00 155959 12/27/2012 001445 ASSISTANCE LEAGUE OF community service funding program 5,000.00 5,000.00 TEMECULA 155960 12/27/2012 000128 BROWN & BROWN INSURANCE 8109158P917 business auto ins 19,885.00 19,885.00 155961 12/27/2012 000128 BROWN & BROWN INSURANCE 14T49846 general liability ins 149,453.00 149,453.00 155962 12/27/2012 000128 BROWN & BROWN INSURANCE 14T49858 umbrella trvls group ins 30,555.00 30,555.00 Pagel apChkLst Final Check List Page: 2 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155963 01/03/2013 014831 BASICS ETC, CORPORATION relocation exp:fr valley pkwy 110,050.62 110,050.62 155965 01/03/2013 003552 AFLAC AFLAC -Hospital Indemnity Plan Payment 2,428.22 2,428.22 155966 01/03/2013 004973 ABACHERLI, LIN DI TCSD instructor earnings 420.00 420.00 155967 01/03/2013 006915 ALLIES PARTY EQUIPMENT equip rental: tree lighting 12/6 467.20 467.20 155968 01/03/2013 004205 BALLET FOLKLORICO TCSD Instructor Eamings 140.00 TCSD Instructor Eamings 84.00 224.00 155969 01/03/2013 004040 BIG FOOT GRAPHICS TCSD instructor earnings 346.50 346.50 155970 01/03/2013 008605 BONTERRA CONSULTING 10/12-11/9 ENV CNSLT:MURR CRK BRG 1,570.00 1,570.00 155971 01/03/2013 006908 C C & COMPANY INC performance: winterfest 12/31 212.50 performance: winterfest 12/31 200.00 performance: winterfest 12/31 600.00 1,012.50 155972 01/03/2013 003138 CAL MAT PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials 155973 01/03/2013 004228 CAMERON WELDING SUPPLY HELIUM TANK RENTAL: CRC 155974 01/03/2013 014726 CHAPTER 13 STANDING SUPPORT PMT TRUSTEE 155975 01/03/2013 005417 CINTAS FIRST AID & SAFETY 155976 01/03/2013 005708 CLEAR CHANNEL BROADCASTING INC 155977 01/03/2013 003997 COAST RECREATION INC 155978 01/03/2013 014520 COLD STAR, INC 751.91 463.44 533.33 900.61 183.90 159.76 2,992.95 56.50 56.50 182.77 182.77 first aid kit supplies: Library 127.73 first aid kit supplies: Fld Op Ctr 82.84 first aid cabinet: tve2 incubator 258.53 469.10 advertising: Old Town Quilt Show 374.00 374.00 receptacle covers: tem crk trail park 1,675.05 1,675.05 Ice for snow: winter wonderland 6,191.53 6,191.53 Page2 apChkLst Final Check List Page: 3 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155979 01/03/2013 004405 COMMUNITY HEALTH Community Health Charities Payment CHARITIES 155980 01/03/2013 015510 CONRIQUEZ, MARGARET partial refund:sec dep:rm rental:TCC 155981 01/03/2013 002945 CONSOLIDATED ELECTRICAL electrical supplies: civic center DIST. electrical supplies: civic center electrical supplies: civic center electrical supplies: civic center electrical supplies: various park sites electrical supplies: various park sites misc electrical supplies: civic center 155982 01/03/2013 004329 COSTCO WHOLESALE CORP replacement television: Stn 12 155983 01/03/2013 014501 COUNTYWIDE MECHANICAL SYSTEMS 44.00 44.00 152.00 152.00 152.15 94.82 68.96 54.95 82.97 113.14 149.77 716.76 988.94 988.94 hvac repair svcs: civic center 350.00 IT HVAC svcs: citywide facilities 715.00 1,065.00 155984 01/03/2013 013379 COUSSOU, CELINE TCSD Instructor Eamings 94.50 TCSD Instructor Eamings 420.00 514.50 155985 01/03/2013 014580 DANCE THEATRE COLLECTIVE stllmnt: danceXchange 12/18 59.50 59.50 155986 01/03/2013 003945 DIAMOND ENVIRONMENTAL grease interceptor svcs: CRC 134.37 134.37 SRVCS 155987 01/03/2013 004192 DOWNS COMMERCIAL Fuel for City vehicles: Code Enf 321.29 FUELING INC 155988 01/03/2013 002390 EASTERN MUNICIPAL WATER DIST Fuel for City vehicles: B&S Fuel for City vehicles: tcsd/parks Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Id/cip/npdes Fuel for City vehicles: PW Maint Fuel for City vehicles: PW Id/npdes 340.30 2,581.23 427.49 299.01 1,829.26 132.74 Dec water meter:39656 Diego Dr 98.27 Dec water meter:Murr hot springs rd Dec water meter:Murr hot springs rd Dec water meter:39569 Seraphina Rd 155989 01/03/2013 013430 ENERSPECT MEDICAL CPR Supplies: Medics SOLUTIONS 155990 01/03/2013 001056 EXCEL LANDSCAPE 57.60 284.33 218.12 5,931.32 658.32 31.26 31.26 Oct landscape maint: butterfield stg 600.00 Nov landscape maint: medians 17,544.70 18,144.70 Pages apChkLst Final Check List Page: 4 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155991 01/03/2013 003053 FAGAN, MATTHEW credit billing adj: inv exceeds -25.00 entertainment: artist reception 11/16 150.00 125.00 155992 01/03/2013 003747 FINE ARTS NETWORK sttlmnt: Nutcracker Ballet 12/13-23 13,573.24 13,573.24 155993 01/03/2013 015508 FIRE SPRINKLER refund:inspection fees:Emery Place!! 764.00 764.00 155994 01/03/2013 011922 FIRST AMERICAN CORELOGIC Nov database subscr: code enf 200.00 200.00 INC Page4 apChkLst Final Check List Page: 5 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155995 01/03/2013 003347 FIRST BANKCARD CENTER 000475 B N I PUBLICATIONS INC GB BNI greenbook st spec supp'13 204.65 011659 ULINE INC GB heavy duty vinyl storage bags: PW 86.38 006937 SOUTHWEST AIR LIN ES GB airfare:caltrans mtg sacramento 11/28 169.60 006937 SOUTHWEST AIR LIN ES GB airfare:caltrans mtg 11/28 Odviar, A 240.60 006952 PAYPAL AA Verisign Pay0ow Pro Transaction 168.40 014583 PALUMBO'S RISTORANTE, LLC AA lunch:hr analyst interview panel 56.26 015499 CAFE PRESS.COM AA chemistry elements: Children's 51.21 Museum 001048 ROSAS CANTINA AA commission dinner holiday light 56.01 RESTAURANT 007282 AMAZON.COM, INC AA BOOKS/DVDS: LIBRARY 561.45 015421 SU RVEYMONKEY.COM MH online survey subscr: civic ctr 24.00 013851 STORM SOURCE, LLC MH appointment plus: info tech 20.00 004163 SPORTS CHALET CAMERA: INFO TECH 546.37 015354 FACEBOOK.COM PR Facebookadvertisement:TVE2 20.00 000395 ECONOMIC DEVELOPMENT PR regist: EDC -ASAP mtg 11/15 400.00 CORP 006937 SOUTHWEST AIRLINES PR airfare:dept finance mtg sacramento 169.60 006937 SOUTHWEST AIRLINES PR airfare:finance mtg sacramento LW 169.60 008042 DOLLAR RENT A CAR PR car rental:finance mtg sacramento 123.20 006937 SOUTHWEST AIRLINES GB airfare credit:caltrans mtg 11/28 -61.00 005115 ENTERPRISE RENTA CAR INC GB car rental:caltrans mtg 11/28 37.96 006937 SOUTHWEST AIRLINES GB airfare:caltrans mtg 11/28 sacramento 156.00 015497 WALLY PARK GB parking:caltrans mtg 11/28 11.00 sacramento 015494 BEACON ECONOMICS 015494 BEACON ECONOMICS 015494 BEACON ECONOMICS 015494 BEACON ECONOMICS 155996 01/03/2013 011145 FOSTER, JILL CHRISTINE PR regist:'12 eco conf ontario 12/6 85.00 PR regist:'12 eco conf ontario LW 110.00 PR regist:'12 eco conf ontario CK 85.00 PR credit:regist'12 eco conf ontario -85.00 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 2,086.35 1,925.24 1,501.50 98.00 3,406.29 5,611.09 Pages apChkLst Final Check List Page: 6 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155997 01/03/2013 004074 FRANCHISE MGMT SERVICES misc supplies: high hopes pgrm INC 155998 01/03/2013 009097 FULL COMPASS SYSTEMS Sound/Lighting Supplies: Theater 155999 01/03/2013 003946 G T ENTERTAINMENT DJ/MC svc:familyfteen skate nights 156000 01/03/2013 013076 GAUDET, YVONNE M. TCSD instructor earnings TCSD instructor earnings 128.29 128.29 386.10 386.10 300.00 300.00 532.00 592.90 1,124.90 156001 01/03/2013 015430 GONZALES, SARAH JO instructor: high hopes dance/chorus 135.00 135.00 156002 01/03/2013 014402 GROEPPER, BROOKE TCSD instructor earnings 332.50 332.50 ELIZABETH 156003 01/03/2013 002109 HD SUPPLY CONSTR. SUPPLY MISC MAINT SUPPLIES: PW MAINT 355.26 LTD MISC MAINT SUPPLIES: PW MAINT 382.60 737.86 156004 01/03/2013 013749 HELIXSTORM INC. network svcs citywide: info tech 9,000.00 156005 01/03/2013 003624 HOWELL, ANN MARIE 156006 01/03/2013 007767 I C COMPOUND COMPANY 156007 01/03/2013 013695 INLAND EMPIRE SHRED IT 156008 01/03/2013 006914 INNOVATIVE DOCUMENT SOLUTIONS 156009 01/03/2013 003266 IRON MOUNTAIN OFFSITE 156010 01/03/2013 012883 JACOB'S HOUSE INC 156011 01/03/2013 002531 KATY FM RADIO 156012 01/03/2013 003046 KF R O G 95.1 FM RADIO 156013 01/03/2013 014432 LANAIR GROUP, LLC network svcs citywide: info tech graphic design svc:city newsletter cleaning products: pw maint 12/3 doc shred svcs: Library 12/3 doc shred svcs: CRC 12/3 doc shred svcs: Civic Center 7,548.39 16,548.39 1,791.41 1,791.41 1,648.24 1,648.24 15.00 16.88 50.00 Nov copier maint/usage: Library 511.54 Nov copier maint/usage: citywide 2,950.94 Nov offsite media storage: Records 495.88 Jacob's House Charity Payment advertising: winterfest in Old Town advertising: winterfest in Old Town software maint: shoretel system 81.88 3,462.48 495.88 80.00 80.00 425.00 425.00 430.00 430.00 32.00 32.00 Pages apChkLst Final Check List Page: 7 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156014 01/03/2013 014228 LSK, LLC Jan facility lease pmt:harveston ctr 4,853.88 4,853.88 156015 01/03/2013 013982 MCI COMM SERVICE Dec xxx-0714 gen usage:PD mall alarm 31.59 Dec xxx-0346 general usage 30.85 62.44 156016 01/03/2013 003782 MAIN STREET SIGNS park signs: harveston comm park 558.15 558.15 156017 01/03/2013 004307 MARINE BIOCHEMISTS Dec water maint srvcs:Harv/Duck Pond 3,900.00 3,900.00 156018 01/03/2013 014392 MC COLLOUGH, JILL DENISE Dec interior plants lease:civic center 525.00 Dec interior plants lease:library 200.00 725.00 156019 01/03/2013 006571 MELODYS AD WORKS INC. 156020 01/03/2013 003076 MET LIFE INSURANCE COMPANY 156021 01/03/2013 012213 METROPOLITAN WATER DISTRICT 156022 01/03/2013 012962 MILLER, MISTY Reimbursables:old town promotions MetLife Dental Insurance Payment Slope entry permit fee:W.Bypass Bridge TCSD Instructor Eamings TCSD Instructor Eamings 10.87 10.87 7,676.62 7,676.62 2,000.00 2,000.00 147.00 269.50 416.50 156023 01/03/2013 012264 MIRANDA, JULIO C. TCSD Instructor Eamings 735.00 TCSD Instructor Eamings 770.00 TCSD Instructor Eamings 560.00 2,065.00 156024 01/03/2013 005887 MOFFATT &NICHOL 9/30-11/24 eng srvcs:french vly 14,584.73 14,584.73 ENGINEERS 156025 01/03/2013 006077 N T H GENERATION SOFTWARE MAINT:VM WARE 17,887.00 17,887.00 COMPUTING INC 156026 01/03/2013 002925 NAPA AUTO PARTS Misc auto parts & supplies: Sta 84 49.11 49.11 156027 01/03/2013 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES:PW LAND 2.81 2.81 DIV DEV 156028 01/03/2013 002105 OLD TOWN TIRE &SERVICE 156029 01/03/2013 002105 OLD TOWN TIRE &SERVICE CITY VEHICLE MAINTSVCS:CSD 256.11 City Vehicle Maint Svcs:Civic Center City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Parks City Vehicle Maint Svcs:PW Land Dev City Vehicle Maint Svcs:PW Traffic 47.50 303.61 154.37 75.00 36.27 184.42 79.37 529.43 Page:7 apChkLst Final Check List Page: 8 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 156030 01/03/2013 002105 OLD TOWN TIRE &SERVICE 156031 01/03/2013 002105 OLD TOWN TIRE & SERVICE 156032 01/03/2013 010338 POOL & ELECTRICAL PRODUCTS INC 156033 01/03/2013 002185 POSTMASTER 156034 01/03/2013 005820 PRE -PAID LEGAL SERVICES INC 156035 01/03/2013 000254 PRESS ENTERPRISE COMPANY INC 156036 01/03/2013 013725 PROCRAFT INC Description Amount Paid Check Total City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:Bldg & Safety 55.00 55.00 55.00 55.00 55.00 55.00 157.48 487.48 City Vehicle Maint Svcs:Code Enf 55.00 City Vehicle Maint Svcs:Code Enf 55.00 City Vehicle Maint Svcs:Code Enf 55.00 City Vehicle Maint Svcs:Code Enf 55.00 220.00 misc pool supplies: var sites 168.56 168.56 Replenish postage due account 100.00 100.00 PrePaid Legal Services Payment 195.35 195.35 12/20/12-12/18/13 subscr:csd 13254007 383.96 383.96 Garage door maintenance: Sta 84 530.00 530.00 156037 01/03/2013 002176 RANCHO CALIF BUS PK ASSOC Jan -Mar bus.park assn. dues:Diaz Rd Jan -Mar bus.park assn. dues:FOC Jan -Mar bus.park assn. dues:TVE2 156038 01/03/2013 000262 RANCHO CALIF WATER DISTRICT 1,177.57 1,067.57 1,294.03 Dec var water meters:TCSD svc lev C 9,338.53 Dec var water meters:Fire Stns Dec water meters:30875 Rancho vista Dec var water meters:TCSD & PW 282.73 399.52 1,536.11 156039 01/03/2013 000947 RANCHO REPROGRAPHICS Reproduction srvcs:butterfield rd ext 19.40 156040 01/03/2013 011853 RANCON COMMERCECNTR PH2,3&4 156041 01/03/2013 004584 REGENCY LIGHTING Reproduction srvcs:tcc renovation 3,539.17 11,556.89 235.65 255.05 Jan -Mar bus.park assn. dues:Stn 73 490.31 Jan -Mar bus.park assn. dues:Ovdnd Prjt 170.19 Jan -Mar bus.park assn. dues:Ovdnd Prjt misc electrical supplies: var park sites electrical supplies: library misc electrical supplies: var park sites 156042 01/03/2013 003591 RENES COMMERCIAL weed abatement: city majoraterials MANAGEMENT 239.08 899.58 148.70 350.21 697.25 1,196.16 8,078.25 8,078.25 Pages apChkLst Final Check List Page: 9 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156043 01/03/2013 002412 RICHARDS WATSON & Sept/Nov 2012 legal services 6,196.02 GERSHON Sept/Nov 2012 legal services 18,002.70 24,198.72 156044 01/03/2013 000352 RIVERSIDE CO ASSESSOR Oct -Dec assessor maps: B&S Dept 36.00 36.00 156045 01/03/2013 004822 RIVERSIDE TRANSIT AGENCY Nov trolley services payment 1,678.74 1,678.74 156046 01/03/2013 012251 ROTH, DONALD J. TCSD Instructor Eamings 315.00 315.00 156047 01/03/2013 005630 SADDLEBACK MATERIALS CO., tilled sand bags:citywide erosion contrl 775.80 775.80 INC 156048 01/03/2013 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 796.24 796.24 156049 01/03/2013 009621 SCOTTSDALE COMMERCE LLC 01/01/13-02/28/14 offsite rcrds storage 13,920.00 13,920.00 156050 01/03/2013 011511 SCUBA CENTER TEMECULA TCSD Instructor Eamings 588.00 588.00 156051 01/03/2013 015364 SEASIDE ICE, LLC Equip rental:holiday movie night 12/21 1,700.00 1,700.00 156052 01/03/2013 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 156053 01/03/2013 009213 SHERRY BERRY MUSIC Jazz © the Merc 12/27 561.00 Jazz © the Merc 12/13 & 12/20 469.50 1,030.50 156054 01/03/2013 009746 SIGNS BYTOMORROW Signage:tve2 629.70 629.70 156055 01/03/2013 003477 SMITH, BARBARA Reimb:CPRS service award 65.00 65.00 Page9 apChkLst Final Check List Page: 10 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 156056 01/03/2013 000537 SO CALIF EDISON 156057 01/03/2013 001212 SO CALIF GAS COMPANY Description Amount Paid Check Total Dec 2-31-536-365541904 Main St 889.51 Dec 2-35-164-3770:43487 Butterfield 27.21 Nov 2-30-099-3847:29721 Ryecrest 22.99 Nov 2-33-357-5785:44747 Redhawk 27.43 Dec 2-35-164-3242:44270 Meadows pkwy 24.32 Dec 2-35-164-3515:32932 Leena way 23.40 Dec 2-35-164-3663:42335 Meadows pkwy 23.40 Nov 2-28-331-4847:32805 Pauba rd LS3 98.08 Dec 2-34-624-4452:32131 S Loop rd lot 564.70 Dec 2-27-371-8494:42189 Winchester 37.96 Dec 2-31-536-348141902 Main St 270.19 Dec 2-31-031-2616:27991 Diaz Rd PED 23.78 Dec 2-29-807-1226:28077 Diaz Rd PED 23.40 Dec 2-31-282-0665:27407 Diaz Rd PED 23.78 Dec 2-34-333-3589:41702 Main St 46.67 Dec 2-29-807-1093:28079 Diaz Rd PED 23.40 Dec 2-29-657-2787:41638 Winchester 22.99 Dec 2-29-223-8607:42035 2nd St PED 556.54 Dec 2-31-419-2873:43000 Hwy -395 22.88 Dec 2-25-393-4681:41951 Moraga Rd 331.13 Nov -Dec 2-31-912-7494:28690 Mercedes 1,097.51 Dec 2-14-204-1615:30027 Front st rdio 34.96 Dec 2-29-933-3831:43230 Bus pk dr 1,512.69 Dec 2-18-937-3152:28314 Mercedes 413.70 Dec 2-02-351-4946:41845 6th St 737.52 Dec 2-29-224-0173:32364 Overland Trl 1,485.19 Dec 101-525-1560-6:27415 Enterprise cir Nov 129-582-9784-3:43230 Bus pk dr Nov 133-040-7373-0:Maint Fac Dec 055-461-2483-4:40135 Village Rd Nov 129-535-4236-7:Civic Center Nov 091-024-9300-5:30875 Rancho vista Nov 101-525-0950-0:28816 Pujol St Nov 026-671-2909-8:Comm Theater Nov 129-582-9784-3:43230 Bus pk dr Nov 181-383-8881-6:28314 Mercedes St Nov 196-025-0344-3:C. Museum Nov 021-725-0775-4:41845 6th St Dec 095-167-7907-2:30650 Pauba Rd Dec 125-244-2108-3:30600 Pauba Rd 156058 01/03/2013 002503 SOUTH COAST AIR QUALITY FY12/13 emissions fee:stn 84 FY 12/13 operating fees:stn 84 156059 01/03/2013 015452 SOUTH COAST MAIL MASTERS Mail srvcs:business license renewals 367.77 96.91 13.05 59.50 1,379.98 3,384.39 43.28 271.09 27.70 104.89 73.23 173.16 214.58 351.40 8,365.33 6,560.93 115.56 310.85 426.41 1,249.78 1,249.78 Page:10 apChkLst Final Check List Page: 11 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 156060 01/03/2013 000519 SOUTH COUNTY PEST CONTROL INC 156061 01/03/2013 015373 SPECTRASYSTEMS, INC. Description Amount Paid Check Total PEST CONTROL SRVCS: PBSP 70.00 pest control srvcs: pw street maint 94.00 164.00 repair playground surfacing: pbsp 1,638.29 1,638.29 156062 01/03/2013 013734 STAAT, CHAD reimb:E collartrn San Diego 10/23-26 146.72 146.72 156066 01/03/2013 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 8,650.46 8,650.46 COMPANY 156067 01/03/2013 012723 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 745.40 745.40 COMPANY 156068 01/03/2013 003000 STATE WATER RESOURCES Storm waterpermit:Roripaugh Street 659.00 659.00 156069 01/03/2013 015505 SUNWARD ADVENTURES E Collar Tmg 10/22-26/12 Staat/Cramer 896.04 896.04 156070 01/03/2013 013387 SWEEPING UNLIMITED INC Dec sweeping srvcs: of parking garage 500.00 500.00 156071 01/03/2013 000305 TARGET BANK BUS CARD Misc supplies:high hopes pgrm 27.38 27.38 SRVCS 156072 01/03/2013 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,647.00 4,647.00 156073 01/03/2013 012265 TEMECULA ACE HARDWARE Misc hardware supplies: Sta 92 40.61 40.61 C/O 156074 01/03/2013 003849 TERRYBERRY COMPANY SERVICE RECOGNITION PINS:HR 3,244.63 3,244.63 156075 01/03/2013 010276 TIME WARNER CABLE Jan high speed intemet:Civic Center 4,158.37 4,158.37 156076 01/03/2013 000668 TIMMY D PRODUCTIONS INC Sound technician: ann'I tree lighting 325.00 325.00 156077 01/03/2013 007433 TOVEY SHULTZ Nov prgs pmt:rodpaugh fire stn 77,557.34 77,557.34 CONSTRUCTION INC 156078 01/03/2013 015511 TRI C FIRE refund:pin chk & inspectfees:F12-0725 1,252.00 1,252.00 156079 01/03/2013 006192 TRISTAFF GROUP temp help w/e 12/16 B. Randall 552.00 552.00 Pagel 1 apChkLst Final Check List Page: 12 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156080 01/03/2013 001561 USA MOBILITY WIRELESS INC 12/20-3/19/13 paging/rental svc:PW 95.23 95.23 156081 01/03/2013 007766 UNDERGROUND SERVICE Nov undrgrnd svcs alerttickets:PW 189.00 189.00 ALERT 156082 01/03/2013 000325 UNITED WAY United Way Charities Payment 25.00 25.00 156083 01/03/2013 015509 VANDERHOUT, BERNARDA refund:Senior excursion 4100.205 16.00 16.00 156084 01/03/2013 004261 VERIZON Decxxx-2886 general usage:Harveston 89.03 89.03 156085 01/03/2013 006248 WALKER, JESSICA TCSD Instructor Eamings 70.00 70.00 156086 01/03/2013 001342 WAXIE SANITARY SUPPLY INC misc cleaning supplies: thtrAibrary/cc 795.05 misc custodial supplies: var park sites 38.61 misc custodial supplies: var park sites 232.48 misc cleaning supplies: var facilities 406.23 misc custodial supplies: civic center 585.14 2,057.51 156087 01/03/2013 003191 WEDEKING, BRUCE Reimb:supplies/Grape Drop 12/31 156088 01/03/2013 003730 WEST COAST ARBORISTS INC tree trim & maint srvcs: pw street maint tree trims & removals: crc trim trees: tve2 incubator tree trim & removal: villages slope trim & remove trees: temeku hills slope tree trim & removals: signet series tree trim & removal: harveston slope tree trim & removal: vintage hills slope tree trim & removal: vail ranch slope tree trim & removals: various parks tree trim & removals: various parks tree trim & removal: wnchstr crk slope tree trim & removals: signet series tree trim & removal: wnchstr crk slope 156089 01/03/2013 000621 WESTERN RIVERSIDE COUNCIL OF 156090 01/03/2013 008402 WESTERN RIVERSIDE COUNTY 156091 01/03/2013 008402 WESTERN RIVERSIDE COUNTY Nov '12 TUMF Payment MSHCP fees:Roripaugh Street Impry ph II Nov '12 MSHCP payment 482.22 482.22 3,211.00 980.00 735.00 1,820.00 690.00 3,416.00 16,278.00 1,024.00 9,929.00 363.00 392.00 903.00 2,590.00 3,472.00 45,803.00 97,603.00 97,603.00 322,464.37 322,464.37 21,318.00 21,318.00 Page:12 apChkLst Final Check List Page: 13 01/03/2013 4:06:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156092 01/03/2013 004567 WITCHER ELECTRIC electrical srvcs: children's museum 465.00 465.00 156093 01/03/2013 003776 ZOLL MEDICAL CORPORATION Medical equip & supp: Medics 444.47 Paramedic Monitors: Paramedics 39,658.58 40,103.05 Grand total for UNION BANK OF CALIFORNIA: 1,551,804.16 Page:13 apChkLst Final Check List Page: 14 01/03/2013 4:06:43PM CITY OF TEMECULA 144 checks in this report. Grand Total All Checks. 1,551,804.16 Page:14 Item No. 4 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, Interim City Manager DATE: January 22, 2013 SUBJECT: U.S. House of Representatives District Office Lease Agreement with Congressman Duncan Hunter at Temecula Civic Center PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: 1. Approve U.S. House of Representatives District Office Lease Agreement with Congressman Duncan Hunter at Temecula Civic Center; 2. Accelerate an appropriation of $15,000 in DIF Corporate Facility funds from Fiscal Year 2013-14 to Fiscal Year 2012-13. BACKGROUND: The U.S. House of Representative Congressional Districts were re -drawn and the new boundaries became effective January 3, 2013. Congressman Duncan Hunter, District 50, represents approximately 80% of the City of Temecula. Congressman Ken Calvert, District 42, represents approximately 20%. For the benefit of the citizens of Temecula to have easy access to Congressman Duncan Hunter, the attached lease has been negotiated with Congressman Duncan Hunter's office for use of 457 square feet of office space within the Temecula Civic Center. Temecula office market rate rent will be paid to the City of Temecula for the use of this space in the amount of $808.89 per month. The term of this lease shall be twenty-two months, commencing on March 2, 2013 and terminating on January 2, 2015, which corresponds with the end of Congressman Hunter's current election term. The lease may be renegotiated by both parties if Congressman Hunter is re-elected. Minor construction improvements will be made to this leased area so that it will have its own public entry and office space independent from City staff and offices. These improvements will enhance its marketability for tenancy in the future and will therefore be paid out of Development Impact Fees (DIF) Corporate Facilities funds that have been budgeted for purposes of corporate meeting space construction improvements on Civic Center premises. FISCAL IMPACT: Tenant improvements to prepare the space are approximately $15,000 and are available from DIF Corporate Facilities budgeted in the FY 2013-14 Capital Improvement Budget under the Corporate Meeting and Event Space Project. This expenditure will be partially offset by lease revenue of $808.89 monthly. ATTACHMENTS: U.S. House of Representatives District Office Lease Agreement District Office Lease — Instructions NO LEASE OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL. The term for a District Office Lease for the 113`" Congress may not commence prior to January 3, 2013. Members should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year. For the 113'" Congress, leases should end on January 2, 2015, not December 31, 2014. • The preamble has three blank lines to be filled in: (1) Landlord's name; (2) Landlord's address; and (3) Member/Member-Elect's name. • Section 1 has three blank lines to be filled in: (1) Square footage of office that is being leased (optional); (2) Street address of office being leased; and (3) City, state and ZIP code where office is being leased. • Section 2 has four boxes that can be checked on whether any parking is included in the lease — two of the options each have a blank line to be filled in if the lease includes any assigned and/or unassigned parking spaces. • Section 3 has two blank lines to be filled in: (1) Date lease begins (must be on or after January 3, 2013); and (2) Date lease ends (must be on or before January 2, 2015). • Section 4 has one blank line for the monthly rent amount (write "zero" if no rent is to be paid). • Section 5 has one blank line — the number of days' notice required for either party to terminate the lease before the end of the term. A standard period is 30 days, but any figure is acceptable. If the lease may not be terminated early, enter "N/A" in this blank. • Sections 1-10, other than filling in the blanks, may not be altered or deleted. • Section 11 has space provided to list any additional lease provisions. • Prior to either party signing a lease, the Member/ Member -Elect must submit the proposed lease, accompanied by a copy of the District Office Lease Attachment for the 113th Congress, to the Administrative Counsel for review and approval. If the proposed terms and conditions of the lease are determined to be in compliance with applicable law and House Rules and Regulations, the Administrative Counsel will notify the Member/Member-Elect that (s)he may proceed with the signing of the lease. Please submit the proposed lease and District Office Lease Attachment either by e-mail in PDF form (leases@mail.house.gov) or fax (202-225-6999). • The Member/ Member -Elect is required to personally sign the documents. A signed and dated District Office Lease Attachment must accompany this lease. • Once signed by both parties, the Lease and the District Office Lease Attachment must be submitted to the Administrative Counsel for final approval. They may be sent by email in PDF form or faxed to 202-225-6999, but the originals still must be submitted by inter office mail (217 Ford House Office Building, Washington, D.C. 20515) after emailing or faxing. • If approved, Administrative Counsel will send them to Finance so that payment can begin. If there are errors, you will be contacted and required to correct them before the lease is approved. t).S. Mouse of 14presentatives Washington, D.C. 20515 District Office Lease (Page 1 of 2 — 113th Congress) Pursuant to 2 U.S.C. § 57, and the Regulations of the Committee on House Administration (as modified from time to time by Committee Order) relating to office space in home districts, City of Temecula, a Municipal Corporation , 41000 Main Street, Temecula, CA 92590 (Landlord's name) (Landlord's street address, city, state, ZIP code) ("Lessor"), and Duncan D. Hunter Representatives ("Lessee"), agree as follows: , a Member/Member-Elect of the U.S. House of 1. Location. Lessor shall lease to Lessee 457 square feet of office space located at 41000 Main Street (Office street address) in the city, state and ZIP code of Temecula, CA 92590 (Office city, state and ZIP) 2. Parking. The Lease includes (please check any and all that apply): ❑ parking spaces that are assigned ❑ parking spaces that are unassigned O General off-street parking on an as available basis O No off-street parking 3. Term. Lessee shall have and hold the leased premises for the period beginning March 2 , 20 13 and ending January 2 , 2015 . The term of this District Office Lease ("LEASE") may not exceed two years and may not extend beyond January 2, 2015, which is the end of the constitutional term of the Congress to which the Member is elected. 4. Rent. The monthly rent shall be $808.89 , and is payable in arrears on or before the last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily basis for any fraction of a month of occupancy. 5. Early Termination. This Lease may be terminated by either party giving 30 days' prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered or, if mailed, the date such notice is postmarked. 6. Payments. During the term of this Lease, rent payments under Section 4 shall be remitted to the Lessor by the Chief Administrative Officer of the U.S. House of Representatives ("CAO") on behalf of the Lessee. 7. District Office Lease Attachment for 113th Congress. The District Office Lease Attachment attached hereto is incorporated herein by reference, and this Lease shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment for the 113th Congress. 8. Counterparts. This Lease may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. v.S..-fouse of Wrpresentatives Washington, D.C. 20515 District Office lease (Page 2 of 2 — 113th Congress) 9. Section Headings. The section headings of this Lease are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. 10. Modifications. Any amendments, additions or modifications to this Lease inconsistent with Sections 1 through 9 above shall have no force or effect to the extent of such inconsistency. 11. Other. Additionally, the Lessor and the Lessee agree to the following: IN WITNESS WHEREOF, the parties have duly executed this District Office Lease as of the later date written below by the Lessor or the Lessee. City of Temecula, a Municipal Corporation Duncan D. Hunter Print Name (Lessor/Landlord) Print Name (Lessee) Lessor Signature Lessee Signature Date Date This District Office Lease must be accompanied by an executed District Office Lease Attachment. District Office Lease Attachment- Instructions The District Office Lease Attachment ("Attachment") is a four-page document that must accompany every Lease or District Office Lease Amendment ("Amendment") that is submitted for a Member/Member-Elect's District Office. NO LEASE, AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL. The term of a District Office Lease or Amendment for the 113`" Congress may not commence prior to January 3, 2013. Members should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year. For the 113"' Congress, leases should end on January 2, 2015, not December 31, 2014. Four things are required: 1. The signature of the Landlord and date; 2. The signature of the Member/ Member -Elect of Congress and date; 3. Contact information for the person in the Member/ Member -Elect's office whom we should call if there are any problems or questions (scheduler, etc.); and 4. The signature from the Office of the Administrative Counsel. A few things to keep in mind: • The Member/ Member -Elect is required to personally, sign the documents. • The Attachment SHALL NOT have any provisions deleted or changed. • Even if rent is zero, an Attachment is still required. • Prior to either party signing a Lease or Amendment, the Member/ Member -Elect must submit the proposed Lease or Amendment, accompanied by a copy of the Attachment, to the Administrative Counsel for review and approval. If the Administrative Counsel determines that the proposed terms and conditions of the Lease or Amendment are in compliance with applicable law and House Rules and Regulations, the Administrative Counsel will notify the Member/Member-Elect that (s)he may proceed with the execution of the Lease or Amendment. Please submit the proposed Lease or Amendment and Attachment either by e-mail in PDF form (leases@mail.house.gov) or by fax (202-225-6999). • Once signed by both parties, the Lease or Amendment and the Attachment must be submitted to the Administrative Counsel for final approval. The Attachment should be submitted at the same time the Lease or Amendment is sent to the Administrative Counsel. They may be sent by email in PDF form or faxed to (202-225-6999), but the originals still must be submitted by interoffice mail (217 Ford House Office Building, Washington, D.C. 20515) after emailing or faxing. • Without a properly signed and submitted Attachment, the Lease or Amendment cannot be approved and payments will not be made. • The parties agree that any charges for default, early termination or cancellation of the Lease or Amendment which result from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and are not reimbursable from the Member's Representational Allowance. v.S. J-fouse of 1,presentatives Washington, D.C. 20515 District Office Lease Attachment (Page 1 of 4 —113`h Congress) 1. Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee (Member/Member-Elect of the U.S. House of Representatives) agree that this District Office Lease Attachment ("Attachment") is incorporated into and made part of the Lease ("Lease") and, if applicable, District Office Lease Amendment ("Amendment") to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives ("House") nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House ("CAO") to Lessor to satisfy Lessee's rent obligations under the Lease — which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House — shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel") must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing on page 4 of this Attachment. 5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee. 8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office during the term of the Lease, the Clerk of the House may, at his or her sole option, either: (a) terminate the Lease by giving thirty (30) days' prior written notice to Lessor; or (b) assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease, the commencement date of such thirty (30) day termination notice shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice is postmarked. VS. J-fouse of Representatives Washington, D.C. 20515 District Office lease Attachment (Page 2 of 4 — 113th Congress) 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member -Elect before taking office. Should the Member -Elect not take office to serve as a Member of the 113i11Congress, the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, B-245 Longworth House Office Building, Washington, D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer, U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515. 11. Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in writing in the event Lessor sells, transfers, or otherwise disposes of the leased premises; in the event Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. Lessee shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, B-245 Longworth House Office Building, Washington, D.C. 20515. 12. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises (usually used in instances when the Lessor is selling or refinancing the building) upon the request of the Lessor. Such an estoppel certificate shall not require the review and approval of the Administrative Counsel. 13. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas. 14. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment (including window air conditioning units provided by the Lessor) serving the premises. 15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests, caused by Lessor's failure to fulfill its obligations under Sections 13 and 14. 16. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 17. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor. .-rouse of Representatives Washington, D.C. 20515 District Office lease Attachment (Page 3 of 4 —113' Congress) 18. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 19. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 20. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 21. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 22. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency. 23. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 24. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide, arms -length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 25. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 26. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 27. Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows.] v.S. afouse of 1ipresentatives Washington, D.C. 20515 District Office Lease Attachment (Page 4 of 4 —113`" Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. City of Temecula, a Municipal Corporation Print Name (Lessor) Lessor Signature Date Duncan D. Hunter Print Name (Lessee) Lessee Signature Date Froin the Member's Office, who is the point of contact for questions? Name Phone ( ) E-mail amail.house.gov This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration. Signed Date (Administrative Counsel) ATTEST: By Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter Thorson, City Attorney ,20 Send completed forms to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 20515. Copies may also be faxed to 202-225-6999 Item No. 5 Approvals City Attorney Chief Financial Officer City ManagerOaL CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, Interim City Manager DATE: January 22, 2013 SUBJECT: 2013 Workers' Compensation Coverage Annual Renewal PREPARED BY: Isaac Garibay, Senior Human Resources Analyst RECOMMENDATION: Approve a contract with the City's current Workers' Compensation Insurance Carrier, Travelers Insurance Company, to continue as the City's Employee Workers' Compensation Insurance Carrier from February 1, 2013 to February 1, 2014, at an estimated premium cost of $346,780. BACKGROUND: The City's insurance broker, Mike Bush of Brown & Brown of California, Inc., requested several Workers' Compensation insurance quotes on the City's behalf, including those from workers' compensation risk pools. Mr. Bush explored all available insurance options in an effort to obtain the best coverage at the most competitive rate. Of the multiple insurance carriers that were contacted, Travelers Insurance Company provided the most reasonable coverage quote. Travelers Insurance Company's quoted premium for the 2013 plan year slightly increased from 2012's quoted rate of $323,656 due primarily to the increases in workers' compensation base rates as suggested by the State of California Insurance Commissioner's Office. Based on the above-mentioned quote, City staff recommends the City's Workers' Compensation insurance coverage remain with Travelers Insurance Company for the 2013 Plan Year. The Travelers Insurance Company quote reflects the estimated amount for the contract year, and may be higher or lower depending on the City's actual payroll records. Staff believes the 2013 quote reflects the best that can be expected for this contract year. Additionally, the City's Loss Prevention Program will remain under the leadership of the City's Safety Committee, which has undergone several enhancements this year that have allowed the City's insurance rate to continue to rank below the industry's average. Travelers Insurance Company continues to make significant efforts to partner with the City via the City's Safety Program in pursuing its due diligence to ensure minimal losses throughout each plan year. FISCAL IMPACT: No additional appropriation is requested, as adequate funds are available within the current budget. ATTACHMENTS: Renewal Proposal Workers Compensation Insurance Proposal Submitted For: City of Temecula fa -r ;11 roffw��n rown 'INSURANCE: • Policy Term: 2-1-2013 to 2-1-2014 Submitted by: Mike Bush Senior Vice President This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 Thank you for inviting us to develop and present a Risk Solution Program to you. We welcome the opportunity to become involved with your company. We have worked to identify your needs and concerns, and to develop a program for your insurance. Brown & Brown, Inc. is the seventh largest independent agency organization nationally.1 The company provides a variety of insurance products and services to corporate, institutional, professional and individual clients. Headquartered in Daytona Beach and Tampa, Horida, Brown & Brown is publicly traded on the New York Stock Exchange (BRO) and has been included in Forbes' list of the "200 Best Small Companies in America". The company handles clients' premiums in excess of $10 Billion annually and has approximately 5,600 employees. While size is not the sole criteria for choosing an insurance agent, it does enable us to offer our clients clout in the marketplace and unmatched service capability. Please feel free to visit our website at www.bbinsurance.com. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. For more complete information on the scope and limits of coverage please refer to the policy document. Specimen policy form(s) are available upon request. 1 As listed in Business Insurance magazine, July 1 8, 201 1 edition This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 Account Service Team No matter how comprehensive or price competitive your insurance program is, it is still people who must service it to insure that coverage will respond when needed. Mike Bush Account Executive (714)221-1853 phone (714) 221-4143 fax mbush@bbsocal.com email Mike Bush is responsible for overseeing all aspects of your program. Peggy L. Coleman Account Manager (714)221-1883 phone (714) 221-4183 fax pcoleman@bbsocal.com Judith Villalobos (Backup) Account Manager (714)221-1828 phone (714) 221-4128 fax ivi l l a l obos @ b bsoca l.com Peggy L. Coleman will assist with the daily servicing of your account, including endorsements, certificate requests, client services, program design, accounting, quality assurance and market relationships. Feel Free to contact anyone on this list if you have questions or concerns regarding your insurance policy. This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 IMPORTANT NOTICE DISCLAIMER Disclaimer: This proposal/policy presented is based upon the exposures to loss made known to the agency. Any changes in these exposures (i.e. new operations, new products, additional state of hire, etc.) need to be promptly reported to our agency in order that proper coverage(s) may be put in place. The proposal contains only a general description of the coverage(s) and does not constitute a policy / contract. The proposal includes, but is not limited to, the terms, exclusions and conditions listed. For complete policy information, including exclusions, limitations and conditions, refer to the policy document. Specimen policy forms and endorsements are available upon request. Non -Admitted Carrier Taxes: $ N/A Fees: $N/A Minimum Earned Premium: N/A % Higher Limits may be available upon request V Premiums may be subject to audit Premiums include Terrorism Coverage Policy Type Workers Compensation Carrier Rating Travelers Insurance Company A+: XV; Admitted Please read your policy for specific details. The information obtained from A.M. Best's Rating is not in any way a warranty or guaranty by Brown & Brown, inc. of the financial stability of the insurer and this information is current only as of the date of publication. This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 A.M. Best Rating of Proposed Carriers General Rating: These rating classifications reflect BEST's opinion of the relative position of each company in comparison with others, based upon averages within the Property -Casualty insurance industry. They are reflective of overall company services and standing within the industry. A++, A+ Superior 1 B++ Good I C++, C+ Fair A, A -Excellent $2,000 B, B -Very Good C, C- Marginal Financial Size Category: The financial Size Category is an indication of the size of an Insurer and is based on reported Policyholders' surplus plus conditional or Technical Reserve Funds, such as mandatory securities valuation reserve, other investment and operating contingency funds and/or miscellaneous voluntary reserves in liabilities. Financial Size Category (in Thousands) Class I Up to $1,000 Class II $1,000 to $2,000 Class III $2,000 to $5,000 Class IV $5,000 to $10,000 Class V $10,000 to $25,000 Class VI $25,000 to $50,000 Class VII $50,000 to $100,000 Class VIII $100,000 to $250,000 Class IX $250,000 to $500,000 Class X $500,000 to $750,000 Class XI $750,000 to $1,000,000 Class XII $1,000,000 to $1,250,000 Class XIII $1,250,000 to $1,500,000 Class XIV $1,500,000 to $1,750,000 Class XV $1,750,000 to $2,000,000 This information has been provided to you so that consideration is given to the financial condition of our proposed carriers. The financial information disclosed is the most recent available to Brown & Brown Insurance Services of CA, Inc. Brown & Brown does not guarantee financial condition of the insurers listed above. This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 Claims Reporting Guidelines Make Brown & Brown, Inc. aware of any and all incidents immediately after they occur, whether it be an auto accident, a theft, slip & fall, even a minor incident that appears will have no future activity. Do not wait for a police report. Gather as much concrete information as possible. For example, police reports, company incident reports, conversation logs, medicals and pictures - anything that may assist in the handling of your claim. Send this information either by mail, e-mail or fax to: Brown & Brown Insurance Services of CA, Inc. 500 N. State College Blvd. Suite 400 Orange, CA 92868 (714)221-1883 (714) 221-4196 fax pcoleman©bbsocal.com If you have any questions or incur any problems, please call our office and we will be glad to assist in any way we can. This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 What is an Audit? Policies which use fluctuating values as the exposure basis, i.e.: payroll or sales are subject to an audit. The company may visit your business to examine your records or ask you to complete a voluntary "mail in" audit. If at the time of the audit your exposures are different from what you estimated at the time your policy was written, you will receive a return premium credit or an additional premium billing. If you subcontract any work, it is essential that the subcontractor provide you with a Certificate of Insurance indicating that insurance coverage is in place for General Liability, Workers Compensation, and Automobile Liability. If at the time of audit you do not have evidence of insurance from your subcontractors, you will be charged an additional premium for the payroll of the subcontractor on your policies. We recommend you require subcontractors to carry insurance via a contract. Audits that generate an additional premium are due upon receipt. It is important that you review audits as soon as you receive them and advise us of any discrepancies in the exposures immediately so that we may inform the insurance carrier. If payment of the audit is not received by the insurance company on a timely basis, your coverage may be canceled and could adversely affect the future placement of insurance coverage. We recommend that you review the actual exposures as compared to your estimated exposures quarterly and advise us of any significant variance. This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 Named Insureds The following are named insureds on your policies: City of Temecula Temecula Community Services District Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency of the City of Temecula Temecula Public Financing Authority Temecula Housing Authority Please verify the accuracy of each name on this list and update if needed. Location Schedule: Loc # Bldg. # Address Description All City Operations This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 PREMIUM SUMMARY Name: City of Temecula Worker's Compensation $330,802 plus State Mandated Fees ($15,978) (Last Year) $310,461 plus State Mandated Fees ($13,195) Premiums include Terrorism PREMIUM PAYMENT OPTIONS Payment up front OR 25% due at inception and 25% due at the 4th, 7th and 10th month This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 Workers Compensation LIMITS Coverage A: Coverage B: Workers Compensation Employers Liability x All States Endorsement Statutory $1,000,000 DECLARATIONS States Covered: CA Experience Modification: 64% Last Year: 80% PAYROLL ESTIMATES Code Classification Rate Payroll Per Proposal Subject fo Annual Audif This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 AN EXPLANATION OF WORKERS' COMPENSATION COVERAGE A - Workers' Compensation agrees to pay the benefits required under the Workers' Compensation Law. COVERAGE B - Employer's Liability provides coverage for your legal liability to employees not covered by the act. It is possible that you might sub -contract certain operations. Compensation laws provide that the principal contractor is responsible for compensation to the employees of uninsured sub -contractors. In determining compensation premiums, you will be charged premium for coverages in connection with employees of sub -contractors unless the sub -contractors have insured this obligation and have furnished satisfactory evidence of such insurance. For your protection, you should obtain certificates of insurance from all sub -contractors doing work for you. The policy is written subject to audit, and payroll records should be kept in such a manner as to show any overtime paid. OPTIONAL ENDORSEMENTS All States Endorsement In the event the insured undertakes operations in any state not designated in the declarations, other than Nevada, North Dakota, Ohio, Washington, West Virginia, or Wyoming, the company agrees to reimburse the insured for all compensation and other benefits required under the workers' compensation or occupational disease law of such states. U.S. Longshoremen's and Harbor Workers' Compensation Act Endorsement Affords workers' compensation benefits for any employee injured while participating in any operations subject to the U.S. Longshoremen's and Harbor Workers' Compensation Act. Voluntary Compensation Endorsement Pays on behalf of the insured for any employee's injury which would have rendered the insured liable for compensation if the injured employee and the insured had been subject to the workers' compensation law. This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 WORKERS' COMPENSATION EXPERIENCE MODIFICATION Your experience modification for the current year 2013, February 1st is 64%. The modification was 80% for 2012. THis MODIFICATION WAS DEVELOPED BY THE California workers' compensation insurance rating bureau BASED UPON YOUR INDIVIDUAL CLAIMS EXPERIENCE FOR THE FOLLOWING YEARS: 2011 2010 2009 Historical Experience Modifications 2013-64% 2012-80% 2011 - 124% 2010— 116% 2009 — 94% (Revised to 92% Effective 9-22-09) 2008 — 82% (Revised to 78% in September 2008) 2007 — 86% (Revised to 85%) 2006 — 79% 2005 — 74% 2004 — 74% 2003-81% 2002 — 83% 2001 — 68% This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 MARKETS APPROACHED AND RESULTS Travelers Insurance Company Fireman's Fund Midwest Insurance Company Quotation Provided No Monoline Workers Compensation Declined (Not Competitive with Travelers) Everest National Insurance Company Declined (Not a target class) Republic Indemnity Company Declined (Not yet a Municipal Market- even without Fire & Police) Hartford Insurance Companies Declined (Class of Business) Insurance Company of the West Declined (Class of Business) Challis Declined (Exceeds Maximum Eligibility) Alaska National Declined (Class of Business) Berkshire Hathaway Companies Indication -Premium range of $350,000+ vs. $344,309 for Travelers Zenith Insurance Company Price Indication $700,000+; No Volunteers Applied Insurance Company Not Competive with Travelers This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 Employers Insurance Company Zurich Insurance Company Declined (Not within their appetite) Declined (Underwriting Guidelines) Preferred Employers Insurance Company Declined (Claim Retention) Companion Insurance Company No New Quotes for 2013 Seabright Insurance Company Not a Market for Municipalities Tower Insurance Company Declined (Class of Business) AmTrust Insurance Co. Ineligible Class CompWest Declined (Class of Business) Ironwood Insurance Co Declined (Ineligible Class) Liberty Mutual No Monoline Workers Compensation This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 AREAS OF MAJOR CONCERN (ADDRESSED BY BROWN & BROWN, INC. AND COMPENSATION CARRIER) 1. Safety Committee A. Carrier Loss Control Support B. Film Library Available C. Attendance by Brown & Brown, Inc. (Discuss) 2. Written Safety Program (Review and Update) 3. Reserve Reviews (Frequency Discuss) 4. Claims Recordkeeping A. Ease of Reporting B. Exchange of Information 5. Accident Investigation This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 TRAVELERS INSURANCE COMPANY I. Best's Rating and Financial Size: A+: XV; Admitted II. Location: Orange, CA III, Strong Points: • Loss Prevention • California Workers' Compensation Specialty Company • Currently provides Municipal General, Public Official E & 0 and Automobile Liability for the City IV. Review Services Per Areas of Major Concern Section This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 CURRENT PROGRAM This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 CURRENT PROGRAM @ 201 2 PAYROLL ESTIMATE TRAVELERS INSURANCE COMPANY Policy Period: 02-01-2012 to 02-01-2013 Estimated Annual Premium: $310,461 plus State Mandated Fees ($13,195) Type of Policy: One Year Classification Code 2012 Payroll Rate Premium Municipal (non -manual) 9410 $7,91 1,120 2.54 200,942 Municipal (all other) 9420 $2,150,515 10.04 215,912 Clerical 8810 $4,790,599 .71 34,013 Bus Drivers 7382 $24,941 16.02 3,996 Total: $14,877,175 Subtotal: 454,863 (X) Increased Limits Factor (N/A): N/A (Actual) Modification: x .80 Modified Premium: 363,890 (X) (Approx.) Premium modifier (Including Schedule and Premium Discount Factors) (84.040%:) 305,813 (+) Terrorism: 4,463 (+) Expense Constant: 185 Estimated Total Premium: $310,461 (Approx.) California Admin. & Fraud Assessment: 7,079 California CIGA Fee: 6,116 This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 PROPOSAL This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage can not be considered bound until a binder has been received. Mb201302 Tem WC Proposal January 15, 2013 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 500 N State College Blvd, Suite 400, Orange, CA 92868 %own S� rown INSURANCE® PROPOSAL TRAVELERS INSURANCE COMPANY Policy Period: 02-01-2013 to 02-01-2014 Estimated Annual Premium: $330,802 plus State Mandated Fees ($15,978) Type of Policy: One Year Classification Code 2013 Payroll Rate Premium Municipal (non -manual) 1 9410 $7,652,669 2.92 223,458 Municipal (all other) 9420 $2,095,736 13.58 284,601 Clerical 8810 $5,181,768 .85 44,045 Bus Drivers 7382 $19,844 14.49 3,471 Total: $14,950,017 Subtotal: 555,575 Balance to Waiver 250 (Actual) Modification: x .64 Modified Premium: 355,728 (X) (Approx.) Premium modifier (Including Schedule and Premium Discount Factors) (91.68%:) 326,132 (+) Terrorism: 4,485 (+) Expense Constant: 185 Estimated Total Premium: $330,802 (Approx.) California Admin. & Fraud Assessment: 9,362 California CIGA Fee: 6,616 rown rown This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage cannot be considered bound until a binder has been received. 1 January 15, 2013 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 500 N State College Blvd, Suite 400, Orange, CA 92868 Ihroown rown INSURANCE Note: Year P/R Rates Modification and Other Modifiers Premium 2012 (.9573) X (1.502) X (.7278) = 1.0465 2013 (1.0050) X (1.806) X (.5870) = 1.0655 Subject to Annual Audit rown k rown This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage cannot be considered bound until a binder has been received. 2 January 15, 2013 (Approx) 2012 Rates (Approx) 2013 Rates Code Without Modification With Modification .80% Without Modification With Modification 64% 9410 2.13 1.70 2.68 1.72 9420 8.43 6.74 12.45 7.97 8810 .60 .48 .78 .50 7382 13.46 10.77 13.29 8.51 Note: Year P/R Rates Modification and Other Modifiers Premium 2012 (.9573) X (1.502) X (.7278) = 1.0465 2013 (1.0050) X (1.806) X (.5870) = 1.0655 Subject to Annual Audit rown k rown This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage cannot be considered bound until a binder has been received. 2 January 15, 2013 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 500 N State College Blvd, Suite 400, Orange, CA 92868 %own rown INSURANCE Important Information Compensation: In addition to the commissions or fees received by us for assistance with the placement, servicing, claims handling, or renewal of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intermediaries, underwriting managers and similar parties, some of which may be owned in whole or in part by Brown & Brown, Inc., may also receive compensation for their role in providing insurance products or services to you pursuant to their separate contracts with insurance or reinsurance carriers. That compensation is derived from your premium payments. Additionally, it is possible that we, or our corporate parents or affiliates, may receive contingent payments or allowances from insurers based on factors which are not client -specific, such as the performance and/or size of an overall book of business produced with an insurer. We generally do not know if such a contingent payment will be made by a particular insurer, or the amount of any such contingent payments, until the underwriting year is closed. That compensation is partially derived from your premium dollars, after being combined (or "pooled") with the premium dollars of other insureds that have purchased similar types of coverage. We may also receive invitations to programs sponsored and paid for by insurance carriers to inform brokers regarding their products and services, including possible participation in company -sponsored events such as trips, seminars, and advisory council meetings, based upon the total volume of business placed with the carrier you select. We may, on occasion, receive loans or credit from insurance companies. Additionally, in the ordinary course of our business, we may receive and retain interest on premiums you pay from the date we receive them until the date the premiums are remitted to the insurance company or intermediary. In the event that we assist with placement and other details of arranging for the financing of your insurance premium, we may also receive a fee from the premium finance company. Questions and Information Requests: Should you have any questions, or require additional information, please contact this office at 1-800-228-7975 or, if you prefer, submit your question or request online at www.bbsocal.com This proposal contains only a general description of the coverage(s) and does not constitute a policy/ contract. For complete policy infomiation, including exclusions, limitations, and conditions, refer to the policy document. This proposal is based upon the exposures to loss made known to the Agency. Any changes in these exposures (i.e., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s) may be put into place. Rr il rows rown This proposal is for illustration purposes only. Please refer to the policy for specific details. Coverage cannot be considered bound until a binder has been received. 3 January 15, 2013 CITY OF TEMECULA SAI Number(s): 2067V0092 TRAVELERS �1 Detail Loss Report Losses From: 12/01/2007 To 12/27/2012 Claimant Adj Off FP Claim Number Accident Date Notice Date Close Date O/C Total Claim Medical Expense Policy Year: 2007 Line of Insurance: AL -AUTOMOBILE 234 Subtotals for Line of Insurance : AL Total Claim Count: 1 AB A3V1566 09/06/2008 02/11/2010 02/11/2010 C Inc: $0.00 Pd: $0.00 O/S: 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Inc: 50.00 50.00 50.00 50.00 Pd: $0.00 50.00 50.00 S0.00 0/S: 50.00 S0.00 50.00 50.00 Line of Insurance: GL - GENERAL LIABILITY 602 LR A3V1575 09/06/2008 02/11/2010 04/04/2011 C Inc: $0.00 50.00 50.00 50.00 Pd: 50.00 S0.00 50.00 50.00 0/S: 50.00 S0.00 S0.00 50.00 234 LR A6U0191 11/14/2008 11/10/2009 05/21/2010 C Inc: 50.00 50.00 S0.00 50.00 Pd: 50.00 50.00 50.00 50.00 0/S: S0.00 S0.00 50.00 50.00 234 LR CBZ8109 12/22/2007 11/11/2008 11/09/2011 C Inc: $96,161.00 575,000.00 S0.00 S21,161.00 Pd: $96,161.19 575,000.00 50.00 $21,161.19 0/5: 50.00 50.00 50.00 50.00 Subtotals for Line of Insurance : GL Total Claim Count: 3 Inc: 596,161.00 575,000.00 S0.00 521,161.00 Pd: $96,161.19 575,000.00 50.00 521,161.19 0/S: 50.00 S0.00 50.00 50.00 Line of Insurance: MP - MALPRACTICE 234 LR A4J0238 05/15/2008 04/24/2009 05/27/2010 C Inc: $0.00 S0.00 50.00 50.00 Pd: 50.00 50.00 50.00 50.00 0/S: 50.00 50.00 50.00 50.00 Losses as of: 12/25/2012 Run Dale' 12/27/2012 Page 1 CITY OF TEMECULA SAI Number(s): 2067V0092 TRAVELERSJ etail Loss Report Losses From: 1210112007 To 12/27/2012 Claimant Adj Off FP Claim Number Accident Date Notice Date Close Date O/C Total Claim Medical Expense Policy Year: 2007 Line of Insurance: MP - MALPRACTICE 234 Subtotals for Line of Insurance : MP Total Claim Count: 2 LR A6N2526 06/01/2008 04/15/2009 02/23/2012 C Inc: 50.00 50.00 50.00 50.00 Pd: $0.00 50.00 50.00 50.00 0/5: 50.00 50.00 50.00 50.00 Inc: 50.00 50.00 50.00 50.00 Pd: 50.00 50.00 50.00 50.00 0/5: 50.00 50.00 50.00 50.00 Subtotals for Policy Year : 2007 Total Claim Count 6 Inc: $96,161,00 575,000.00 50.00 $21,161.00 Pd: 596,161.19 575,000.00 50.00 521.161.19 0IS: 50.00 50.00 $0.00 50.00 Policy Year: 2008 Line of Insurance: GL - GENERAL LIABILITY 234 LR A429079 09/05/2009 12/11/2009 08/25/2010 C Inc: 50.00 50.00 50.00 50.00 Pd: 50.00 50.00 50.00 50.00 0/S: 50.00 50.00 50.00 50.00 234 LR A3V4088 10/16/2009 05/04/2010 12/14/2011 C Inc: 50.00 50.00 50.00 50.00 Pd: 50.00 50.00 50.00 50.00 0/S: 50.00 50.00 50.00 50.00 234 LR A3V1242 02/19/2009 02/01/2010 12/20/2011 C Inc: 50.00 50.00 50.00 50.00 Pd: 50.00 50.00 50.00 50.00 0/S: 50.00 50.00 50.00 $0.00 234 LR EJN6300 09/04/2009 04/18/2011 10/24/2011 C Inc: 50.00 50.00 50.00 50.00 Pd: $0.00 50.00 50.00 50.00 0/S: 50.00 50.00 50.00 50.00 Losses as of: 12/25/2012 Run Date: 12/27/2012 Page 2 CITY OF TEMECULA SAI Number(s): 2067V0092 TRAVELERS J Detail Loss Report Losses From: 12/01/2007 To 12/27/2012 Claimant Adj Off FP Claim Number Accident Date Notice Date Close Date O/C Total Claim Medical Expense Policy Year: 2008 Line of Insurance: GL - GENERAL UABILITY 234 LR A3V3447 10/16/2009 04/13/2010 12/22/2010 C Inc: $0.00 $0.00 $0.00 $0.00 Pd: 50.00 50.00 50.00 50.00 O/S: 50.00 50.00 $0.00 50.00 234 LR A6N1594 12/23/2008 03/17/2009 05/10/2010 C Inc: 50.00 50.00 50.00 50.00 Pd: 50.00 $0.00 50.00 50.00 0/S: 50.00 50.00 50.00 $0.00 234 LR A3V4043 10/31/2009 05/03/2010 01/06/2011 C Inc: 50.00 50.00 50.00 50.00 Pd: 50.00 $0.00 $0.00 50.00 0/S: 50.00 50.00 30.00 50.00 Subtotals for Line of Insurance : GL Total Claim Count: 7 Inc: S0.00 $0.00 $0.00 $0.00 Pd: 50.00 50.00 50.00 50.00 0/S: S0.00 50.00 50.00 50.00 Line of Insurance: WC - WORKERS COMP Losses as of: 12/25/2012 152 CB CBU3863 08/21/2008 08/28/2008 06/02/2011 C Inc: 532,370.00 521,762.00 58,248.00 52,360.00 Pd: $32,369.28 521,761.55 58,247.53 $2,360.20 0/5: 50.00 50.00 S0.00 50.00 221 CM CBU1360 04/03/2008 04/27/2008 07/29/2008 C Inc: 50.00 50.00 50.00 50.00 Pd: 50.00 50.00 50.00 50.00 0/S: 50.00 S0.00 50.00 $0.00 221 CB CAP5357 03/03/2008 03/10/2008 12/20/2008 C Inc: 56,007.00 50.00 54,814.00 S1,193.00 Pd: 56,007.13 50.00 54,813.68 51,193.45 0/S: 50.00 50.00 S0.00 50.00 221 CB CBU7865 12/05/2008 04/21/2009 08/15/2009 C Inc: $3,799.00 50.00 52,804.00 5995.00 Pd: 53,799.35 50.00 52,803.92 5995.43 0/5: 50.00 50.00 50.00 50.00 Run Date: 12/27/2012 Page 3 CITY OF TEMECULA SAI Number(s): 2067V0092 TRAVELERS J Detail Loss Report Losses From: 12/01/2007 To 12/27/2012 Claimant Adj Off FP Claim Number Accident Date Notice Date Close Date O/C Total Claim Medical Expense Policy Year: 200B Line of Insurance: WC -WORKERS COMP 221 CB CBU5852 12/19/2008 12/24/2008 05/19/2010 C Inc: 56,247.00 5614.00 55,265.00 5368.00 Pd: $6,246.30 $613.88 $5,264.81 5367.61 0/S: 50.00 50.00 50.00 50.00 221 CB CBU4422 09/26/2008 09/26/2008 OB/08/2009 C Inc: $11,829.00 5216.00 58,615.00 52,998.00 Pd: $11,828.47 5215.99 58,614.66 52,997.82 0/S: 50.00 50.00 50.00 50.00 152 CB CBU3393 07/31/2008 08/04/2008 05/31/2011 C Inc: 570,405.00 535,680.00 529,099.00 55,626.00 Pd: 570,404.93 535,680.29 529,098.86 55,625.78 0/5: S0.00 50.00 $0.00 50.00 221 CB C8U6365 01/23/2009 01/27/2009 06/14/2011 C Inc: 51,580.00 50.00 51,466.00 5114.00 Pd: 51,580.32 50.00 S1,466.05 5114.27 0/S: 50.00 50.00 S0.00 50.00 221 CM CBU2469 06/13/2008 06/18/2008 03/11/2009 C Inc: 5657.00 50.00 S517.00 5140.00 Pd: S657.26 50.00 $517.19 5140.07 0/S: 50.00 50.00 50.00 50.00 Subtotals for Line of Insurance : WC Total Claim Count: 9 Inc: 5132,894.00 558,272.00 560.828.00 S13,794.00 Pd: 5132,893.04 S58,271.71 560,826,70 513,794.63 0/5: 50.00 50.00 51.30 50.00 Subtotals for Po!Icy Year : 2008 Total Claim Count: 16 Inc: 5132,894.00 558,272.00 560,828.00 513,794.00 Pd: 5132,893.04 558.271.71 560,826.70 $13,794.63 0/S: 50.00 50.00 S1.30 50.00 Policy Year: 2009 Line of Insurance: P - PROPERTY Losses as of: 12/25/2012 Run Date: 12/27/2012 Page 4 CITY OF TEMECULA SAI Number(s): 2067V0092 TRAVELERS J Detail Loss Report Claimant Adj Off FP Claim Number Accident Date Notice Date Close Date Losses From: 12/01/2007 To 12/27/2012 O/C Total Claim Medical Expense Policy Year: 2009 Une of Insurance: P - PROPERTY 480 FR A4Q4956 05/29/2009 Subtotals for Line of Insurance : P Total Claim Court: 1 05/29/2009 08/17/2009 C Inc: Pd: 0/3: Inc: Pd: O/S: 50.00 550.00 30.00 50.00 50.00 50.00 50.00 50.00 30.00 30.00 30.00 50.00 50.00 50.00 50.00 50.00 50.00 30.00 50.00 30.00 50.00 50.00 50.00 50.00 Line of Insurance: WC - WORKERS COMP 221 CM 152 CM 095 CM 152 CM 221 CB 152 CM CBU8676 06/05/2009 06/05/2009 04/08/2011 A5K5198 10/13/2009 10/19/2009 03/20/2010 A5K5199 10/13/2009 10/19/2009 01/22/2011 CBU9547 06/28/2009 07/24/2009 10/23/2009 CBU7521 03/31/2009 04/01/2009 07/22/2009 A5K5197 10/09/2009 10/19/2009 01/19/2010 C Inc: 5997.00 30.00 3882.00 5115.00 Pd: S997.20 30.00 5881.82 5115.38 O/S: 50.00 50.00 50.00 50.00 C Inc: 51.402.00 50.00 51,079.00 5323.00 Pd: $1,431.66 S0.00 51,078.63 5323.03 0/S: 50.00 30.00 50.00 30.00 C Inc: 51,492.00 S0.00 51,335.00 5157.00 Pd: 51,492.74 30.00 $1.335.26 5157.48 O/S: 30.00 50.00 30.00 30.00 C Inc: 5605.00 $0.00 3498.00 5107.00 Pd: 5605.04 30.00 5498.20 5106.84 0/S: 30,00 50.00 $0.00 $0.00 C Inc: 51,247.00 S0.00 5590.00 5657.00 Pd: 51,247.50 30.00 5590.29 $657.21 0/3: 50.00 50.00 30.00 50.00 C Inc: 3477,00 $0.00 5433.00 $44.00 Pd: 5477.41 S0.00 5433.36 S44.05 0/S: 30.00 50.00 50.00 50.00 Losses as of: 12/25/2012 Run Date: 12/27/2012 Page 5 CITY OF TEMECULA SAI Number(s): 2067V0092 TRAVELERS J Detail Loss Report Losses From: 12/01/2007 To 12/27/2012 Claimant Adj Off FP Claim Number Accident Date Notice Date Close Date O/C Total Claim Medical Expense Policy Year: 2009 Line of insurance: WC - WORKERS COMP 152 CM A5K4672 09/30/2009 10/05/2009 07/31/2012 C Inc: 52.167.00 $0.00 $1,831.00 5336.00 Pd: 52,167.68 50.00 51,831.30 5336.38 OIS: 50.00 50.00 50.00 50.00 152 CM CBU9908 08/11/2009 08/18/2009 03/31/2012 C Inc: S2,328.00 50.00 51,375.00 5953.00 Pd: 52,328.25 50.00 51,375.11 5953.14 0/S: 50.00 50.00 50.00 50.00 152 CB C8U9486 07/18/2009 07/21/2009 10/20/2011 C Inc: 334,584.00 53,921.00 526,917.00 $3,746.00 Pd: 534,583.55 53,920.91 526,917.07 $3,745.57 0/S: 50.00 50.00 S0.00 50.00 152 CB CBU9257 07/04/2009 07/08/2009 03/06/2010 C Inc: 51,908.00 50.00 51,365.00 5543.00 Pd: 51,908.85 50.00 51,365.48 5543.37 0/S: 50.00 50.00 50.00 $0.00 221 CM C8U8266 05/01/2009 05/12/2009 08/08/2009 C Subtotals for Line of Insurance : WC Total Claim Count: 11 Inc: S1,514.00 50.00 51,154.00 $360.00 Pd: S1,514.20 50.00 51,154.25 5359.95 0/5: 50.00 50.00 50.00 50.00 Inc: 548,721,00 53.921.00 $37,459.00 57,341.00 Pd: 548,724.08 53,920.91 $37,460.77 57.342.40 0/S: (53.08) S0.00 ($1.77) (51.40) Subtotals for Policy Year : 2009 Total Claim Count: 12 Inc: 548,721.00 53.921.00 537,459.00 57.341.00 Pd: 548,724.08 53,920.91 $37,460.77 37.342.40 O/S: ($3.08) 50.00 (51.77) (51.40) Policy Year: 2010 Line of Insurance: WC - WORKERS COMP Losses as of: 12/25/2012 Run Date: 12/27/2012 Page 6 CITY OF TEMECULA SA! Number(s): 2067V0092 TRAVELERS J Detail Loss Report Losses From: 12/01/2007 To 12/2712012 Claimant Adj Off FP Claim Number Accident Date Notice Date Close Date O/C Total Claim Medical Expense Policy Year: 2010 Line of Insurance: WC -WORKERS COMP 152 CM Losses as of: 12/25/2012 EGJ4644 07/23/2010 07/3012010 10/29/2010 C Inc: $575.00 50.00 5517.00 558.00 Pd: 5575.87 50.00 5517.45 558.42 O/S: 50.00 50.00 50.00 50.00 152 CM EGJ5S21 08/26/2010 08/27/2010 11/17/2011 C Inc: 51.347.00 50.00 51,108.00 5239.00 Pd: 51,346.94 50.00 51,107.56 5239.38 O/S: 50.00 50.00 50.00 S0.00 152 CB EGJ3455 06/01/2010 07/01/2010 08/14/2012 C Inc: 519,311.00 S125.00 511,808.00 57,378.00 Pd: 519,311.83 S125.45 511,808.07 57,378.31 0/S: 50.00 50.00 50.00 50.00 152 CB EGJ0335 03/29/2010 03/31/2010 10/14/2010 C Inc: S5,772.00 52,295.00 S2,673.00 5804.00 Pd: 55,771.77 52,295.26 52,672.68 5803.83 0/S: 50.00 50.00 50.00 50.00 152 CM EGJ9277 11/19/2010 11/24/2010 06/11/2011 C Inc: 5660.00 50.00 5615.00 $45.00 Pd: 5659.50 50.00 5614.75 544.75 O/S: 50.00 50.00 50.00 50.00 152 CB EGJ7203 09/30/2010 10/04/2010 04/04/2011 C Inc: $78.00 50.00 50.00 578.00 Pd: 578.30 50.00 S0.00 $78.30 0/S: 50.00 $0.00 50.00 50.00 152 CM EGJ5822 08/26/2010 OB/27/2010 11/30/2010 C Inc: S369.00 $0.00 S359.00 S10.00 Pd: 5368.45 $0.00 S358.90 S9.55 O/S: $0.00 50.00 50.00 50.00 152 CB EGJ4643 07/22/2010 07/30/2010 05/21/2011 C Inc: 5895.00 50.00 S811.00 $84.00 Pd: 5895.22 50.00 5811.19 584.03 0/S: 50.00 50.00 50.00 50.00 Run Dale: 12/27/2012 Page 7 CITY OF TEMECULA SAI Number(s): 2067V0092 TRAVELERS J Detail Loss Report Losses From: 12/0112007 To 12/27/2012 Claimant Adj Off FP Claim Number Accident Date Notice Date Close Date OIC Total Claim Medical Expense Policy Year: 2010 Line of Insurance: WC - WORKERS COMP Subtotals for Line of Insurance : WC Total Claim Count: 8 Inc: 529,007.00 52,420.00 517,891.00 $8.696.00 Pd: 529,007.88 52,420.71 517,890.50 58,696.57 O/S: 50.00 50.00 S0.00 50.00 Subtotals for Policy Year : 2010 Total Claim Count: 8 Inc: 529,007.00 52,420.00 517391.30 58,696.00 Pd: $29,007.88 52,420.71 517,890.50 58,696.57 0/S: 50.00 $0.00 50.30 50.00 Policy Year: 2011 Line of Insurance: GL - GENERAL LIABILITY 234 LR ESE4574 03/04/2012 09/18/2012 09/18/2012 C Inc: $0.00 50.00 50.00 50.00 Pd: 50.00 50.00 50.30 S0.00 0/S: $0.00 $0.00 50.00 50.00 234 LR EN07113 02/04/2012 02/20/2012 05/09/2012 C Inc: 50.00 50.00 50.00 50.00 Pd: 50.00 50.00 50.00 S0.00 0/5: 50.00 50.00 S0.30 50.00 234 LR ESE4110 02/28/2012 09/04/2012 09/18/2012 C Inc: 50.00 50.00 50.00 50.00 Pd: 50.00 50.00 50.00 50.00 0/S: 50.00 50.00 50.00 50.00 Subtotals for Line of Insurance : GL Total Claim Count: 3 Inc: 50.00 50.00 50.00 S0.00 Pd: 50.00 50.00 50.00 50.00 0/S: 50.00 50.00 50.00 50.00 Line of Insurance: WC - WORKERS COMP 152 CB ELL6633 05/31/2011 06/01/2011 09/17/2012 C Inc: $6,077.00 50.00 54,375.00 51,702.00 Pd: 56,077.32 50.00 54,374.90 S1,702.42 0/S: $0.00 50.00 50.00 $0.00 Losses as of: 12/25/2012 Run Date: 12/27/2012 Page 8 CITY OF TEMECULA SAI Number(s): 2067V0092 TRAVELERS Detail Loss Report Claimant Adj Off FP Claim Number Accident Date Notice Date Close Date Losses From: 12/01/2007 To 12/27/2012 O/C Total Claim Medical Expense Policy Year: 2011 Line of Insurance: WC -WORKERS COMP 152 CB EPM'1487 10/29/2011 152 CM EPM3447 10/26/2011 Subtotals for Line of Insurance : WC Total Claim Count: 3 10/31/2011 01/21/2012 C Inc: S853.00 Pd: 5853.40 OfS: 50.00 10/31/2011 01/31/2012 C Inc: S865.00 Pd: $865.35 O/S: 50.00 Inc: 57,795.00 Pd: 57,796.07 O/S: (51.07) 5250.00 5249.94 50.00 50.00 50.00 30.00 5250.00 S249.94 50.00 5523.00 580.00 3523.02 580.44 50.00 50.00 5763.00 5102.00 5762.86 5102.49 S0.00 50.00 55,661.00 51,884.00 55,660.78 51,885.35 50.00 (51.35) Subtotals for Policy Year : 2011 Total Claim Count: 6 Inc: Pd: O/S: 57,795.00 57,796.07 (51.07) 5250.00 5249.94 50.00 $5,661.00 $5,660.78 S0.00 51,884.00 51,885 35 (51.35) Policy Year: 2012 Line of Insurance: WC - WORKERS COMP 152 CB ESG5165 08/05/2012 152 CB EUT0279 11/01/2012 152 CB ESG2303 02/15/2012 08/09/2012 0 Inc: $23,235.00 Pd: 58,315.47 O/S: $14,919.53 12/10/2012 12/21/2012 C Inc: 50.00 Pd: 50.00 O/S: S0.00 06/04/2012 0 Inc: $44,865.00 Pd: 519,419.84 0/S: 525,445.16 Losses as of: 12/25/2012 Run Date: 12/27/2012 $10,235.00 54,386.32 55,848.68 50.00 50.00 50.00 513,283.00 54,980.90 58.302.10 $10,000.00 53,033.99 56,966.01 50.00 50.00 $0.00 522,082.00 58,213.42 $13,868.58 S3,000.00 $895.16 52,104.84 50.00 50.00 50.00 59,500.00 $6,225.52 53,274.48 Page 9 CITY OF TEMECULA SAI Number(s): 2067V0092 TRAVELERS Detail Loss Report Losses From: 12/01/2007 To 12127/2012 Claimant Adj Off FP Claim Number Accident Date Notice Date Close Date O/C Total Claim Medical Expense Policy Year: 2012 Line of Insurance: WC - WORKERS COMP 152 CB ESG9052 11101/2012 11/07/2012 0 Inc: 519,084.00 58,084.00 59,000.00 52,000,00 Pd: 50.00 50.00 50.00 $0.00 0/S: 519,084.00 58,084.00 59,000.00 52,000.00 152 CB EUT0310 06/01/2012 12/11/2012 O Subtotals for Line of Insurance : WC Total Claim Count: 5 Inc: 57,000.00 50.00 54,000.00 53,000,00 Pd: 50.00 50.00 50.00 50.00 0/S: 57,000.00 50.00 54,000.00 53,000.00 Inc: 594,184.00 531,602.00 545,082.00 517,500.00 Pd: 527,735.31 59,367.22 511,247.41 57,120.68 0/S: 566,448.69 522,234.78 533,834.59 510,379.32 Subtotals for Policy Year : 2012 Total Claim Count: 5 Inc: 594,184.00 531,602.00 $45,082.00 517,500.00 Pd: 527,735.31 59,367.22 511,247.41 57,120.68 OIS: $66,448.69 522,234.78 533,834.59 510,379.32 Report Grand Totals Total Claim Count 53 Losses as of: 12/25/2012 Inc: 5408,762.00 5171,465.00 5166,921.00 570,376.00 Pd: 5342,317.57 5149,230.49 5133,086.26 560,000.82 0/S: 566,444.43 522,234.51 533,834.74 510,375.18 Run Date: 12/27/2012 Page 10 CITY OF TEMECULA SAI Number(s): 2067V0092 TRAVELERS J Detail Loss Report Report Parameters Lo'sses-Fi`omi 12101!2007 To 12127120:12 Report Name: Detail Loss Losses From: 12/01/2007 To 12/27/2012 SAI Number(s): 2067V0092 Sorts Sort Name 1. Policy Year 2. Line of Insurance Sort Label Policy Year Line of Insurance Subtotal Y Y Page Break N N Limiting: Statements Large Loss Limiting Drill Down Limiting. Criteria Losses as of: 12/25/2012 Run Date: 12/27/2012 Page 11 Item No. 6 Approvals City Attorney Chief Financial Officer City ManagerOct CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tamra Irwin, Acting Director of Community Services DATE: January 22, 2013 SUBJECT: Fifth Amendment to "Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop" RECOMMENDATION: Approve the Fifth Amendment to "Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop." BACKGROUND: The City and the Friends of the Temecula Children's Museum (Association) entered into an agreement on March 16, 2004 for the support of the Children's Museum and operation of the Children's Museum gift shop. Through the Agreement, the Association, a local non-profit organization, operates the museum gift shop with volunteers and paid staff. The Agreement was amended on July 11, 2006, July 24, 2007, September 9, 2008, and November 9, 2010. The amendments extended the terms of the Agreement, as well as, per the fourth amendment, provided $15,000 to fund the design and install a new exhibit and also allowed for ongoing fundraising and special event support for the museum by the Association. The City and Association now wish to amend the Agreement in order to provide for enhanced support of the Children's Museum through fundraising and to foster a collaborative working relationship with respect to program and exhibit development at the Children's Museum for the benefit of children in Temecula. Special Events and Fundraising Activities The proposed amendment to the Agreement will allow the Association to plan and operate the following events at the Children's Museum: special events that take place on Friday evenings, Mondays, any evening after 5:00 p.m., or any day that the Children's Museum is not normally open; weekend specially -themed events; birthday parties; seasonal and holiday events; and fundraising events for the Association. This includes: 1. The Association will plan and operate each Association Event with its employees or volunteers. City employees will not participate in the planning or operation of Association Events, unless the event is jointly sponsored by the Association and the City; 2. The Association will retain all revenues generated by Association Events and the admission fee that may be required of people attending the Association Events; 3. The Association will not be required to obtain a City permit for an Association Event within the Children's Museum. City will not charge Association a facility fee for any Association Event within the Children's Museum. Association will obtain all permits that may be required by other governmental entities for events; 4. City will include the Association Events and descriptions in its Recreation Brochure; 5. Museum; and 6. Museum. City will retain revenue from regular admissions and field trips to the Children's Association will solicit and maintain revenue from memberships to the Children's As a 501(c)(3) tax exempt non-profit organization, this Amendment would allow the Association to solicit and orchestrate sponsorships to help fund exhibits, events, and other opportunities to further the goals of the Children's Museum. Collaboration This Amendment will provide for collaborative efforts between the City and the Association which will further define and enhance the goals, direction, and focus of the Children's Museum, as well as, to develop programs and exhibits for the Children's Museum, in which efforts shall include the following: 1. Inspirational direction to the Children's Museum; 2. Focus on science & STEM based disciplines, and the themed storyline of the Professor and his Workshop; 3. Train and inspire Association and City staff to concentrate on and promote the Children's Museum as the unique attraction that it is; 4. Provide science training for Association and City staff; 5. Determine appropriate levels of staffing by City, Association or a combination of both for operation of the Children's Museum; 6. Development of new exhibits and refurbishment of existing exhibits, such as the 2013 technology exhibit and a life sciences exhibit; 7. Development of new exhibit rooms and refurbishment of existing exhibit rooms; 8. Development of programs for children complementing the exhibits and displays; 9. Provide for the maintenance and equipment upgrades for exhibits in the Children's Museum; 10. Develop a capital improvement program for the Children's Museum; and 11. Develop operational plans for the operation of the Children's Museum, its programs and exhibits. Collaboration (cont'd) Representatives of the Association and the City Manager will meet regarding these issues. They will cooperate in the development of action plans to implement goals, direction, focus, programs and exhibits for the Children's Museum. The action plans will include: 1. Description of the action item; 2. Specific responsibilities of the staffs of the Association, City, or both for the implementation of the item; 3. Funding sources for the item; 4. Association's financial contribution to the item; 5. City financial contribution to the item; and 6. Implementation schedule. This Agreement would authorize the City Manager to approve and implement an action plan for goals, direction, focus, programs and exhibits for the Children's Museum, provided the costs to the City are within the City's Budget, or amendments thereto, as approved by the City Council. The City Manager and an authorized representative of the Association would also be authorized to enter into Operating Memoranda to implement the action plans. The Association will use its funds to support the goals, direction, focus, programs and exhibits for the Children's Museum and the Gift Shop and will regularly expend its funds for the direct benefit of the Children's Museum, except for customary and reasonable reserves for a non-profit organization. Financial Reporting The Association will submit to the City all tax returns and financial reports filed annually with government agencies within ten (10) working days following the filing of such reports. The City Manager may accept the Association's 990 Forms if such forms provide comparable information. The Association will account for all funds provided by the City to the Association for any purpose including, but not limited to, maintaining exhibits, designing and installing new exhibits, operating programs, and organizing Association events in accordance with the following: (1) Association will provide annual audited financial report, including a balance sheet, income statement, and budget to actual comparison for each fiscal year; (2) These financial records will be audited by an independent certified public accountant and will include a report itemizing, by specific expense classification, how funds received by the City were expended for necessary operations of the Children's Museum. (3) The audited financial report shall be due to the City no later than May 15th of each year. (4) The Association will retain such records of expended City funds, together with supporting documents, for a period of three (3) years. Supporting documents will include, be not be limited to, copies of invoices, receipts, and cancelled checks to support expenses made from City funds. Association will maintain adequate records of expended City funds, provided in sufficient detail to permit an evaluation of services. All such financial records will be maintained in accordance with generally accepted accounting principles and will be clearly identified and readily accessible. City will have the right to inspect this supporting documentation at any time during the three year retention period. Approval of the Amendment will allow the Association to continue providing gift shop operations, as well as, ongoing fundraising and plan/operate additional events. The term of the Agreement will be extended until June 30, 2015. FISCAL IMPACT: The cost of this Amendment will be absorbed through savings identified in the Community Services Department Operating Budget. ATTACHMENTS: Fifth Amendment FIFTH AMENDMENT TO "COOPERATION AGREEMENT BETWEEN THE CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP" THIS FIFTH AMENDMENT to Cooperation Agreement is made and entered into as of January 22, 2013 by and between the City of Temecula ("City") and the Friends of the Temecula Children's Museum, a California non-profit corporation ("Association"). In consideration of the mutual agreements contained herein, the parties hereto agree as follows: 1. Recitals. This Fifth Amendment is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct: A. On March 16, 2004, the City and Association entered into that certain Agreement entitled: "COOPERATION AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP" ("Original Agreement"). B. On July 11, 2006, the City and Associated entered into that certain First Amendment ("First Amendment"). C. On July 24, 2007, the City and Association entered into that certain Second Amendment ("Second Amendment"). D. On September 9, 2008, the City and Association entered into that certain Third Amendment ("Third Amendment"). E. On November 9, 2010, the City and Association entered into that certain Fourth Amendment ("Fourth Amendment"). The Original Agreement, the First Amendment, Second Amendment, Third Amendment and Fourth Amendment shall be collectively referred to as the "Agreement". F. The parties now desire to amend the Agreement in order to provide for enhanced support of the Children's Museum by the Association through fundraising and to foster a collaborative working relationship between the City and Association with respect to program and exhibit development at the Children's Museum for the benefit of the children in Temecula as provided in this Fifth Amendment. G. As set forth in Section 1.a. of the Original Agreement, "Children's Museum" means the real property in the City of Temecula located at 42081 Main Street, Temecula, which is known as the Temecula Children's Museum. H. As set forth in Section 1.d. of the Original Agreement, "Premises" means the area of the Children's Museum to be used for the Children's Museum Gift Shop ("Gift Shop") is designated and described on Exhibit A to the Agreement. -1- 11086-000711521040v2.doc 2. Amendment of Section 2 of the Agreement. Section 2 of the Agreement is hereby amended to read as follows: "2. Grant of License. "a. City hereby grants to the Association a license to use the Premises and the Children's Museum for the purposes set forth in this Agreement and subject to the terms and conditions set forth in this Agreement. "b. Except as specifically provided in this Agreement to the contrary, Association shall have the exclusive right and obligation to use the Premises to operate a gift shop in the Children's Museum. Association shall not use the Premises for any uses other than those authorized for the Association in this Agreement without the prior written consent of the Director. "c. Association shall have the non-exclusive right to use the Children's Museum for fundraising and program activities in accordance with the terms of this Agreement." 3. Amendment of Section 3 of the Agreement. Section 3 of the Agreement is hereby amended to read as follows: "3. Term. Association may utilize the Premises from the date the City issues a certificate of occupancy for the Children's Museum until June 30, 2015 unless sooner terminated pursuant to this Agreement. " 4. Amendment of Section 5, 6, 7,and 8 of the Agreement. Sections 5, 6, 7, and 8 of the Agreement are hereby amended to read as follows: "5. Use of Premises as a Gift Shop. "a. Association shall use the Premises as a Gift Shop in the Children's Museum Building. "b. Association shall sell educational toys, gifts and other appropriate and engaging merchandise that enhances the educational and recreational goals of the Children's Museum. Association agrees that all merchandise for sale in the Gift Shop shall be of good quality and condition. City retains the right to require Association to discontinue sale or use of those items that the Director reasonably determines are not of good quality, condition, or appropriateness, upon five (5) days prior written notice by the Director. "c. For sales tax purposes the point of sale for all merchandise related to the Children's Museum by the Association shall be the Children's Museum Property. "d. Association shall maintain at all times a minimum of ten thousand dollars ($10,000) in inventory for the Gift Shop. Upon Termination of this agreement, for any -2- 11086-000711521040v2.doc reason, all inventory and merchandise shall become the property of the City so as to enable the Gift Shop operations to continue. "e. Association shall also be authorized to sell convenience gift opportunities such as admission tickets on-line and memberships to the Children's Museum. Revenues from admission tickets and memberships sold by the Association on-line shall be retained by the Association and used for programs and exhibits for the Children's Museum. "f. Association shall staff the Gift Shop with employees or volunteers of the Association. No City employees shall be used to staff the Gift Shop. "g. The Premises has been improved with certain store fixtures, i.e. cash registers, point of sale computers, which fixtures are listed in Exhibit B to this Agreement, attached hereto and incorporated herein as though set forth in full ("Fixtures"). The Fixtures currently in place in the Gift Shop are the property of the Association. Association may use the Fixtures and shall be responsible for maintaining and repairing the Fixtures during the period it uses the Premises. New fixtures purchased with Association funds shall become the property of the City upon termination of this Agreement. "6. Special Events and Fundraising Activities of Association for Children's Museum. "a. One of the purposes of the Association is to raise funds for the development and maintenance of exhibits and programs at the Children's Museum. Association shall be authorized to use the Children's Museum for fundraising activities for the direct benefit of the Children's Museum subject to the terms of this Agreement. "b. Association shall be responsible for the planning and operation of the following events at the Children's Museum: (1) special events that take place on Friday evenings, Mondays, any evening after 5:00 p.m., or any day that the Children's Museum is not normally open; (2) weekend specially -themed events; (3) birthday parties; (4) seasonal and holiday events; and (5) fundraising events for the Association ("Association Events"). "(1) Association shall plan and operate each Association Event with its employees or volunteers. City employees shall not participate in the planning or operation of Association Events, unless the event is jointly sponsored by the Association and the City. "(2) Association shall retain all revenues generated by Association Events and the admission fee that may be required of persons attending the Association Events. "(3) Association shall not be required to obtain a City permit for an Association Event within the Children's Museum. City shall not charge Association a facility fee for any Association Event within the Children's Museum. Association acknowledges and agrees that it shall obtain all -3- 11086-000711521040v2.doc permits that may be required by other governmental entities for Association Events. "(4) City shall include the Association Events and descriptions thereof in its Recreation Brochure. "(5) City shall retain revenue from regular admissions and field trips to the Children's Museum. "(6) Association shall solicit and maintain revenue from memberships to the Children's Museum. "c. As a 501(c)(3) tax exempt non-profit organization, Association will solicit and orchestrate sponsorships to help fund exhibits, events, and other opportunities to further the goals of the Children's Museum. "7. Collaborative Efforts by the City and the Association for Development of Exhibits and Programs for Children's Museum. "a. Representatives of the Association and the City Manager shall meet and confer regularly in a collaborative effort to further define and enhance the goals, direction, and focus of the Children's Museum and to develop programs and exhibits for the Children's Museum, which efforts shall include the following: "(1) Inspirational direction to the Children's Museum; "(2) Focus on science & STEM based disciplines, and the themed storyline of the Professor and his Workshop; "(3) Train and inspire Association and City staff to concentrate on and promote the Children's Museum as the unique attraction that it is; "(4) Provide science training for Association and City staff; "(5) Determine appropriate levels of staffing by City, Association or a combination of both for operation of the Children's Museum; "(6) Development of new exhibits and refurbishment of existing exhibits, such as the 2013 technology exhibit and a life sciences exhibit; "(7) Development of new exhibit rooms and refurbishment of existing exhibit rooms; "(8) Development of programs for children complementing the exhibits and displays; -4- 11086-000711521040v2.doc "(9) Provide for the maintenance and equipment upgrades for exhibits in the Children's Museum; "(10) Develop a capital improvement program for the Children's Museum; and "(11) Develop operational plans for the operation of the Children's Museum, its programs and exhibits. "b. As Representatives of the Association and the City Manager meet and confer concerning these issues, they shall cooperate in the development of action plans to implement goals, direction, focus, programs and exhibits for the Children's Museum. The action plans shall include: "(1) Description of the action item; "(2) Specific responsibilities of the staffs of the Association, City, or both for the implementation of the item; "(3) Funding sources for the item; "(4) Association financial contribution to the item; "(5) City financial contribution to the item; and "(6) Implementation schedule. "c. Following the meet and confer process, the City Manager is hereby authorized to approve and implement an action plan for goals, direction, focus, programs and exhibits for the Children's Museum, provided the costs to the City are within the City's Budget, or amendments thereto, as approved by the City Council. "d. The City Manager and a duly authorized representative of the Association are hereby authorized to enter into Operating Memoranda to implement the action plans. "e. Association shall use its funds to support the goals, direction, focus, programs and exhibits for the Children's Museum and the Gift Shop. "f. Association shall regularly expend its funds for the direct benefit of the Children's Museum, except for customary and reasonable reserves for a non-profit organization. "8. Financial Reporting. "a. Association shall submit to the City annual tax returns and financial reports filed with government agencies within ten (10) working days following the filing of such reports; provided, however, that the City -5- 11086-000711521040v2.doc Manager may accept the Association's 990 Forms if such forms provide comparable information. "b. Association shall account for all funds provided by the City to the Association for any purpose including, but not limited to, maintaining exhibits, designing and installing new exhibits, operating programs, and organizing Association Events in accordance with the following: "(1) Association shall provide an annual audited financial report, including a balance sheet, income statement, and budget to actual comparison for each fiscal year. "(2) These financial records shall be audited by an independent certified public accountant and shall include a report itemizing, by specific expense classification, how funds received from City were expended for necessary operations of the Children's Museum. The audited financial report shall be due to City no later than May 15th of each year. "(4) In addition, Association shall retain such records of expended City funds, together with supporting documents, for a period of three (3) years. Supporting documents shall include, but not be limited to, copies of invoices, receipts, and cancelled checks to support expenses made from City funds. Association shall maintain adequate records of expended City funds, provided in sufficient detail to permit an evaluation of services. All such financial records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. City shall have the right to inspect this supporting documentation at any time during the three year retention period." 5. Amendments to Paragraphs 9, 10, 12, 13, 15, 18, 20, 22, and 23. Paragraphs 9, 10,12, 13, 15, 18, 20, 22, and 23 of the Agreement are hereby amended by deleting the words "Property" or "Premises" and substituting in their places the phrase "Children's Museum and Premises." Paragraph 16.d.(1) is hereby amended by deleting the word "City" and substituting in its places the phrase "City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency." "(3) 6. No Other Changes. Except as specifically provided herein, all other terms and conditions of the Agreement shall remain in effect and all provisions shall be deemed in effect during the term described in this Fifth Amendment. 111 -6- 11086-000711521040v2.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM, INC., a California Non -Profit Corporation By: Name: Annette Brown Title: President By: Name: Title: Secretary CITY OF TEMECULA Mike Naggar Mayor ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney DB -7- 11086-0007\ 1521040v2.doc • EXHIBIT "A" • Exhibit B Back Hallway Back Hallway (Cont.) Bedroom Flight Room Earthquake Room Normal Rockwell Einstein Photo Kaleidoscope Television monitor Earthquake machine Large clock Brass table clock Mirror Penny pickle machine Blocks Toy Cabinet Wood end table Wardrobe Angel wings Jar of pennies Glass display cabinet Green tricycle Skeleton Helium tank Computer monitor 1 wooden chair Wood cabinet The illusianatar Water hose Earthquake meter Optical illusion mirrors Porcelain statue Strobe machine 3 Ducks Audio level meter Albert Einstein case Wood easel 3 Ig. Trunks Mailbox Drinking straws Roman numeral clock Artificial flowers Mattress Helmet with goggles Granola bar boxes inhibition illusion Wood Shelf Flag hammock Picture frame Cereal boxes Wooden orange crate Wood credenza Impossible triangle Key holder Pickle jar Toilet seat display Telephone Parachute Various Jars of items Lego table Professors Bathroom Bedtime stories Bernoulli machine Egg cartons 2 red step stools Sink 2 Clocks Operator switchboard Telephone 3 books Mirror 4 Medium size mirrors Books Keyboard Toys on rails Water Game 8 SmaII mirrors Files Canned goods Spinning disk display Pressure Meter 2 SmaII trunks Metal face of a man Glad box Vacuum hoses Red Stools Infinity Tight Old camera parts Voltmeter/amplifier 2 drawer cabinet Toothbrush holder Shoe boxes Pigeon with camera Siemens level meter Parallel optical illusion Bathtub Touch boxes Black toy jet Apple crates 1 wooden chair Shower head 4 Toy airplanes 2 bag beans Optical illusion mirrors Electricity machine Dining Room California flag Army parachute 4 optical illusions Cabinet 4 TVs Hot air balloon Magazines Wooden shoe 7 Picture frames 2 Static tubes Purple umbrella Coffee sacs 5 ceramic pots 5 Buckets TV table 2 Camping lanterns Lamp Artificial flowers Chest Coat hanger Hanging baskets Metal flower pot Basement 2 static panels 2 Small trunks 2 Hanging sacks Egyptian papyrus art Gas tank red Cuckoo clock Desk stool Metal/glass shelves Can crusher Clock Professor's desk Gear Room Red water can Bowling ball Volt condenser Chinese calculator Magnet pulley Hoe Cement bag Microwave Antique telephone Gear train Garden fork Tin can Micro cart Cash register Toys 7 gardening books Rope pulley Clock Picture of Phyllis Record player Wooden shoe Can roller Time flux generator Hillock clock Beakers world 6 ceramic pots Fish tank with hose 2 clocks Key to the city Public telephone Gardening books Ladder 2 green storage boxes Books Beakers house Moon/Child Statue Vacuum with hose Knick knacks Files Sit n spin Bullet Photos T shirt machine Various games Paper Clocks 4 Framed family tree Trash can t shirts Electra light or later Small filing cabinet Gears/toys top shelf Family photos Washing machine 3 silver pipes Abacus Telephone tube Magnetic bug table Plastic bottle shredder 3 voltage testers Computer screen 2 wood boxes Hazardous waste can Watts going on Clipboard Ceramic turtle Oxygen tank Keyboard Mirror/coat hanger Trellis Mud sign Pretend Elec. Panel 3 Frisbees Wood box Shoes Evening post picture Red boots Iron Picture of electricity Golf club Ironing board 4 large wooden tables Swing 14 wooden chairs Red wagon Cart with wheels White clock Wooden drawing desk Door to long hallway Exhibit B Front Hallway Kitchen Library Music Room 4 Moire Pictures Microwave TV Puppet theater Gate with "old" items Cheese head Silver globe Musical instruments 5 Clocks Wooden step stool Thermometer Stacking table Curiosity cabinet Plastic banana split Wooden monkey Stacking squares Large book Various cookbooks Claw 2 stools 2 Pocket watch Wedgewood stove Plastic and metal pipes 3 wooden chairs Gyroscope wheel Framed cereal Book cases 5 4 curtain panels 2 large coins Salt & Pepper shakers Clocks 8 2 chandelier Hour glass Toast on ceiling Fish bowl Track lighting Old fashioned pic Large white ball Pictures Wooden kids chair Alarm clock Stove vent with gauge Ceramic hand Cd jukebox Map Pear in box Chest with maps on it Singer sewing machine large hour glass Lava lamp Joy stick Variety of records Mirror/compass 2 Pots Books Wooden bench Magazine on time 2 tea kettles Book picker black piano and bench Keyboard/fish Chrome toaster Bug picture frame 3 2 drums 2 picture/frames Menus Computer Beethoven bust Chest of fishing items Gravity pizza platform Grandfather clock Scuba tank Large chest Peanut butter and jelly Map Wooden pan flute 2 fishing poles 2 Tables Purple chair Acoustic guitar 2 fish 2 kitchen chairs Time chair Trumpet Atlas 2 periodic tables Lamp Music sheets Hanging Atom poster Sail boat Various hoses Old fashioned keys 2 video screens Book table Clock Shoe spring Cabinet Floating cake Rope lights Loud meter Coca Cola picture Metal trash can Large clock Various gages Cookie sheets Sword Saxophone Clocks 8 Tambourine Watch Snare drum Thyme box Horn Minute rice box Banjo Pizza pans Violin Quaker oatmeal box Below Picture of boy/dog Trombone Professors refrigerator Cello Food scale Lamp Tin cans Books Gumball machine laser beams Sunbeam mixer framed photos Wood box Clarinet Window with curtain electric guitar Wooden recipe box Keyboard Stainless steel sink Lamp Magnetic items TV Colored lights TV cart Wooden barrel dvd/vhs player Light hanging over sink speakers under piano Vase with flowers decorations on each Exhibit B Item No. 7 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: January 22, 2013 SUBJECT: Approval of the Fiscal Year 2013-14 Temecula Valley Tourism Business Improvement District (TVTBID) Advisory Board's Annual Report and Levy of an Assessment against Lodging Businesses within the TVTBID for Fiscal Year 2013-14 PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2013-14 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 2. Adopt a resolution entitled: RESOLUTION NO. 13- 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 FOR FISCAL YEAR 2013-14 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF BACKGROUND: In December of 2005, the City Council took the necessary actions and formed the Temecula Valley Tourism Business Improvement District (TVTBID), Chapter 3.40 of the Temecula Municipal Code, to promote tourism in the Temecula Valley at the request of all the lodging businesses within the City. Thereafter, the City Council was authorized to undertake proceedings to annually levy assessments against lodging businesses within the TVTBID pursuant to the Parking and Business Improvement Area Law of 1989. On November 24, 2009, the City Council authorized staff to proceed with the preparation of a Resolution of Intention to increase the assessment rate on all lodging businesses within the Temecula Valley Tourism Business Improvement District from 2% to 4% of the rent charged by the operator per occupied room per night. On January 12, 2010, the City Council amended Section 3.40.030 of the Temecula Municipal Code increasing the assessment from 2% to 4% for all lodging businesses within the Temecula Valley Tourism Business Improvement District. The primary purpose of the 4% assessment is to provide sufficient funding to support marketing activities promoting tourism to specially benefit lodging businesses located within in the District. As annually required, Staff has prepared the necessary resolutions to approve the Annual Report and set a Public Hearing on the assessments. Staff will prepare a final resolution confirming the assessments for Fiscal Year 2013-14 to be brought forward at the scheduled Public Hearing on February 12, 2013. At the Public Hearing, testimony may be heard and protests may be made by any person with an interest in the proposed levy. After the Public Hearing, and in the absence of a majority protest, Staff will proceed to levy the assessment for the Fiscal Year 2013-14 (March 1, 2013 through February 28, 2014) as authorized by City Council. FISCAL IMPACT: It is anticipated that the 4% annual assessment will result in the collection of approximately $1,338,511 in Fiscal Year 2013-14, which would be used by the Temecula Valley Convention and Visitors Bureau 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 $26,770, to offset administrative costs. ATTACHMENTS: 1. Resolution — Approving Advisory Board Report 2. Resolution — Intention to Levy 3. TID Hotel Signature List 4. Temecula Valley Convention & Visitors Bureau 2012-2013 Annual Report — Budget and Marketing Plan 5. Temecula Valley Convention & Visitors Bureau 2013-2014 Annual Report — Budget and Marketing Plan RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2013-14 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: A. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq., (the "Law") authorizes the City Council of the City of Temecula (the "City Council") to annually levy an assessment against businesses within a business improvement area for the purpose of promoting tourism, which is in addition to any assessments, fees, charges or taxes imposed in the City of Temecula (the "City"). B. Pursuant to the Law, the City Council enacted Chapter 3.40 of the Temecula Municipal Code, establishing the Temecula Valley Tourism Business Improvement District in the City (the "TVTBID"). C. The Law requires the City Council to appoint an advisory board which shall prepare an annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the activities described in the report and which shall make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. D. By Resolution No. 05-121, the City Council appointed the Temecula Valley Tourism Business Improvement District Advisory Board to serve as the advisory board for the TVTBID (the "Advisory Board"). E. In accordance with Section 36533 of the Law, the Advisory Board has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report for Fiscal Year 2013-14 in connection with the proposed levy of an assessment against lodging businesses within the TVTBID entitled, "Temecula Valley Tourism Business Improvement District 2013-14 Annual Marketing Plan Budget and Marketing Plan" (the "Report") and, by previous resolution, the City Council preliminarily approved the Report as filed. Section 2. The City Council has examined and reviewed the Report, and such report is hereby preliminarily approved as filed. Section 3. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of January, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 13- 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 2013-14 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 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 "Law") authorizes the City Council of the City of Temecula (the "City Council") to annually levy an assessment against businesses within a business improvement area for the purpose of promoting tourism, which is in addition to any assessments, fees, charges or taxes imposed in the City of Temecula (the "City"). Section 2. That pursuant to the Law, the City Council enacted Chapter 3.40 of the Temecula Municipal Code establishing the Temecula Valley Tourism Business Improvement District in the City (the "TVTBID"). Section 3. That the Law requires the City Council to appoint an advisory board which shall prepare an annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the activities described in the report and which shall make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. Section 4. By Resolution No. 05-121, the City Council appointed the Temecula Valley Tourism Business Improvement District Advisory Board to serve as the advisory board for the TVTBID (the "Advisory Board"). Section 5. In accordance with Section 36533 of the Law, the Advisory Board has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report for Fiscal Year 2013-14 in connection with the proposed levy of an assessment against lodging businesses within the TVTBID entitled, "Temecula Valley Tourism Business Improvement District 2013-14 Annual Marketing Plan Budget and Marketing Plan" (the "Report") and, by previous resolution, the City Council preliminarily approved the Report as filed. Section 6. The boundaries of the TVTBID are the boundaries of the City, and include all lodging businesses therein. Section 7. The City Council hereby declares its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment against lodging businesses within the TVTBID boundaries pursuant to the Law for Fiscal Year 2013-14 (March 1, 2013 to February 28, 2014). Such assessment is not proposed to increase from the assessment levied and collected in the TVTBID for Fiscal Year 2012-13. The proposed Fiscal Year 2013-14 TVTBID assessment is to be levied on all lodging businesses, defined in Temecula Municipal Code Section 3.40.020 to mean hotels, motels, and bed and breakfasts, within the TVTBID boundaries based upon four percent (4%) of the rent charged by the operator per occupied room per night. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons, as defined in Municipal Code Section 3.20.040, will be exempt from the levy of the assessment. The assessments will not be included in gross room rental revenue for the purpose of determining the amount of the Transient Occupancy Tax imposed pursuant to Chapter 3.20 of the Municipal Code. New lodging businesses established within the boundaries of the TVTBID after the beginning of the 2013-14 fiscal year will not be exempt from the levy of the Fiscal Year 2013-14 assessment. The assessment shall be collected in monthly installments as set forth in Chapter 3.40 of the Municipal Code. Section 8. The revenues raised from the levy and collection of the assessment shall be used for marketing and promotions to increase tourism and market the Temecula Valley area as a tourist destination which specially benefit lodging businesses located and operating within the boundaries of the TVTBID as provided for in Chapter 3.40 of the Municipal Code, and shall not be used for any other purposes. The City shall retain two percent (2%) of the collected revenues to pay for collecting the assessments and administering the TVTBID. Section 9. The City Council hereby fixes the time and place for a public hearing on the proposed levy of the Fiscal Year 2013-14 assessment against lodging businesses within the TVTBID as follows: Time: 7:00 p.m. Date: February 12, 2013 Place: City of Temecula City Council Chambers 41000 Main Street Temecula, California. Section 10. At the public hearing the testimony of all interested persons regarding the levy of the assessment within the TVTBID for Fiscal Year 2013-14 will be heard. A protest may be made orally or in writing at the public hearing. A. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. B. Every written protest must be filed with the City Clerk at or before the time fixed herein for the public hearing. Written protests may be delivered or mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California, 92590. C. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. D. Each written protest must contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. If the owner of the business is a corporation, LLC, partnership or other legal entity, the authorized representative for the entity shall be authorized to sign the protest. Section 11. If at the conclusion of the public hearing, there are of record, written protests (submitted and not withdrawn) by the owners of the businesses within the TVTBID that will pay fifty percent (50%) or more of the total assessments of the entire TVTBID, no further proceedings to levy the proposed Fiscal Year 2013-14 assessment, as contained in this Resolution, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority of written protests is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the TVTBID. Section 12. Further information regarding the TVTBID may be obtained from the City Clerk, City of Temecula, 41000 Main Street, Temecula, California, 92590. For a full and detailed description of the boundaries of the TVTBID, the activities to be provided for Fiscal Year 2012-13 and the proposed Fiscal Year 2013-14 22nd assessment, reference is hereby made to the Report of the Advisory Board. The Report is on file in the office of the City Clerk and open to public inspection. Section 13. The City Clerk is instructed to provide notice of the public hearing by publishing this Resolution in a newspaper of general circulation in the City, at least seven days before the hearing. Section 14. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of January, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk December 12, 2012 Petition for Continuation of TVTBID for Fiscal Year 2013-2014 cc-i-eveyk-W ou ilERN CALIFORNIA WINE COUNTRY Convention and cY As a representative of one of the fifteen TID Lodging establishments in the City Visitors Bureau of Temecula, I express my consent to the assessments and request approval of the assessments by the Temecula City Council. 1) iytn.U.G I l bmi\ Best Western Country Inn Re 2)'�. Emba Suites Hotel Representative resentative 4) L Extended Stay Re sen 6) 7) Fairfi a1 amp Inn & Suites Re 1 LI ative 2_( en iv on Inn & Suites R-fresentative Holidaytn Express Representative 111 4.� La Qui 8) Suites R presentative /Motel - eprersentative 9) Paloma 10) In H el Rep iAV 4,1 ative Quality Inn Wine Country Representative Ramada Inn Rep r• entative 12) Ranc 13) Rodeway Inn Representative California Inn Representative 14) SpringHill Suites Repr: ent tive 15) 1. /- ?(Y .. Temecula Creek Inn Representative 9 -4.AKflc 1 4 Print Name & Title `Bt) \Guar Print Name & Title IJICOLft f-UteS -hem Print Name & Title 9o\Vr_5 kL, �c Q 0.5 PrintName & Title / Print Name & Title ii,i Nr/ -t- I f 2tN= Print Name & Title Print me & Title C Print Name & Title CnIlLo . `PI --t,44 -?()3(:--- Print Print Name & Title 4.0 Vik51,Nik/t- (v, ✓A, Print Name & Title JWA Fo`u fl Ikr: Lh"i Print Name & Title Print Name & Title 6$�` Print Name & Title kik/ SSI C GuGOA- 6. K Print Name & Title -3 .O: -/7o 27 (1- !`L Print Name & Title 28690 mercedes st • suite a • temecula ca 92590 951.491.6085 888.363.2852 fax 951.491.6089 temeculacvb.com - •UTHERN CALIFORNIA WINE COUNTRY Convention and c? Visitors Bureau • 1 a 111111101111111 1 Temecula Valley Convention & Visitors Bureau MD Annual Report of Activities about us The Temecula Valley Convention & Visitors Bureau (TVCVB) is a non profit 501 c(6) funded by the Temecu- la Valley Tourism Business Improvement District, Pechanga, City of Temecula and a membership of over 152 tourism -related businesses. The TVCVB is the destination sales and marketing organ- ization. Our purpose is to stimulate economic growth and tourism in the Temecula Valley region by develop- ing and marketing the destination to the meeting and travel markets. Our mission, as the tourism experts in the Temecula Valley, is to run an effective business that increases awareness and measures the spending in the Temecula Valley. Our Board of Directors are comprised of business own- ers and professionals who have experience and willing- ness to serve the community beyond the scope of their demanding work schedules. Their volunteer responsi- bilities include steering company policy, financial over- sight, and determining the future course of the Bureau's CVR STAFF President &CEO Kimberly Adams VP Finance & Operations Carrie Penny VP Sales & Marketing Diane Lombardo Director of Sales Leslie Mercado Marketing & PR Manager Annette Brown Sales Manager Milene Young Sales & Marketing Coordina- tor Andrea Bowman 2 Temecula Valley Convention & Visitors Bureau TBI D Annual Report of Activities IT & Online Marketing Technolo- gies Manager Sam Robinson Finance/Bookkeeping Leigh Jensen Visitor Center Specialists Pamela Locascio Becky Hess Pam Greenway Membership Coordinator Leann Anderson Contracted Support Nigro & Nigro, PC ARK Marketing BOARD OF DIRECTORS Executive Committee 2012 Chairman of the Board John Kelliher, The Grapeline Wine Country Shuttle 1st Vice Chairman Tom DeMott, Temecula Creek Inn -TID 1st Vice Chairman-TID Carlos Palma, Palomar Inn Hotel 2nd Vice Chairman Jason Curl, Former Temecula Creek Inn/Ponte Winery Treasurer Bill Wilson, Wilson Creek Winery Secretary Melody Brunsting, Melody's Ad Works Directors Ben Kulak Robert Renzoni Melody Brunsting Grant Channing Jason Curl Tom DeMott Kym Espinosa Denis Ferguson Krissie Guerra John Kelliher Kunal Khandwala Cherise Manning Carlos Palma Craig Puma Mario Robles -Richmond Bill Seltzer Jan Smith Nadine Steddom Ken Westmyer Bill Wilson Embassy Suites Robert Renzoni Vineyards Melody's Ad Works Pechanga Resort & Casino Ponte Winery Temecula Creek Inn -TID Promenade Temecula Europa Village, LLC SpringHill Suites by Marriott-TID The Grapeline WC Shuttle Holiday Inn Express-TID A Grape Escape Balloon Adv. Palomar Inn Hotel-TID The Bank- Mexican Restaurant Triple R Sports Group Temecula Valley Golf School Inland Management Group Hampton Inn & Suites-TID Quality Inn-TID Wilson Creek Winery executive message Back on track best describes Temecula's travel economy. After previously losing over 94.3 million in travel spending in May, we received great news our trav- el impact spend was back to our 2007 numbers. In 2011 our in- dustry generating $600 million in Traveler spend, represents a 7.6 percent increase over 2010. And YTD 2012 we are seeing a +3.7 % growth in lodging occupancy and an +8.4% growth in revenue. During this 2012-2013 budget year our, board mem- bers, staff and volunteer's have worked incredibility hard to get Temecula back on track. We started the year off with the launch of our five year tourism stra- tegic plan with our primary goal to drive demand for overnight visitors during targeted times of the year in an effort to generate increased revenue, taxes and employment for Temecula. We stayed focused and achieved many milestones through our targeted activities. Which resulted in over 3 million dollars in sales lodging leads, reaching over 43 million eye balls with our marketing and me- dia activities, and seen an increase in visitors through our visitors center from all over the world. Through the positive feedback and hearing from our partners and strong numbers we experiencing we are confident our organization's efforts continues to im- pacts the revenue bottom line to our partners and City of Temecula Through our strong working part- nerships, and all our results driven activities we are excited to report strong optimism fora great finish to our 2012-2013 tourism year . Kimberly Adams- President & CEO -x ioty,44aas Temecula Valley Convention & Visitors Bureau * Results 10 months reporting FY 12-13 March 1, 2012— December 15, 2012(TBID district March 1, 2012— February 28 2013) 3 Temecula Valley Convention & Visitors Bureau TBID Annual Report ofAdivities iiOURISM BAROMETER Temecula TID Assessment $1,150,000 $1,100,000 $1,050,000 $1,000,000 $950,000 $900,000 $850,000 YTD $1,134, —$.1,048,900 1 FY 10-11 FY 11-12 AC0,470 FY 12-13 • YTD Temecula Average Hotel Occupancy 68 67 66 65 64 63 62 61 60 59 58 YTD Occupancy 64.7 61.7 98 97 96 95 94 93 92 91 90 FY 10-11 1 b 1.3 FY 11-12 FY 12-13 ■YTD Occupancy Temecula Average Daily Rate YTD ADR 96.91 92.86 FY 10-11 93.29 FY 11-12 FY 12-13 ■ YTD ADR OVERVIEW The hospitality industry is showing signs of recovery in FY 2012-2013. Although the industry continues to be impacted by the economy, positive movement is occurring. Consumer confidence is demonstrating an entitlement towards travel and personal vaca- tions. Our hotels are reporting growth with increas- es over prior year numbers. Average daily rates are increasing from 2011. Business meetings are still below average but are slowly coming back and lei- sure travel remains strong in Temecula. In YTD FY 12-2013 (through November,) the CVB achieved 93.7% of its goal for leads generated; 54 leads with a goal of 57.6 leads. The Bureau saw 12,057 YTD potential room nights generated achiev- ing 97.8% of its goal of 12,326 room nights. The CVB Sales Department made positive strides in penetrating new markets such as association, wed- dings, religious and tour & travel business, which generated a growing number of leads. The CVB Sales Department experienced staffing changes once again, filling one open positions: The CVB hired Diane Lombardo, VP of Sales & Marketing in November 2012. 4 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities FAMILIARIZATION PROGRAMS TRADE SHOW HIGHLIGHTS The YTD 12-13 show trade schedule saw a slight de- crease in the number of shows the CVB attended compared to previous years, however, the schedule included a very diverse listing of shows, covering all markets of travel the Temecula Valley benefits from. In FY 12-13 (through November) the sales team par- ticipated in 8 trade shows, returning with leads repre- senting over 1,100 potential room nights and nearly $300,000 in projected economic impact for the Temecula Valley TID hotels, venues and event service providers. mot smarm v9i Convention and ty Visitors Bureau GROUP SALES RESULTS w PERFORMANCE MEASURES YTD '11-'12 YTD '12-13' DEFINITE BOOKINGS 111.113 DEFINITE ROOM NIGHTS PROJECTED E.E.I.-DEFINITES LEADS GENERATED LEAD ROOM NIGHTS POTENTIAL E.E.I.-LEADS 351 182,396 68 12,517 $3,498,934 23 2,562 455,518 54 12,057 3,009,621 sales SPECIAL SALES HIGHLIGHTS In conjunction with on-going sales calls, missions and trade shows, the sales team initiated, or was involved in special sales projects and events. These activities generated lead opportunities and increased the visibil- ity of the Temecula Valley CVB to target audienc- es. Among these activities were: City-wide Familiarization Tours Springfest and Winterfest FAM Tours targeting Meeting & Event Planners, Tour Operators, Travel Agents and Media from throughout Southern Califor- nia, highlighting Old Town, Wine Country & Pechanga and showcasing numerous Tourism Partner Businesses. Global Marketing International Tour Operator FAM Tour showcasing and introducing the Temecula Valley to tour operators and media from China, Japan and South Korea. In -Market Sales Events "Temecula on the Road" receptions, in Orange County and Los Angeles offering Meeting & Event Planners, Tour Operators and Travel Agents the opportunity to meet one-on-one with key Temecula Valley Partners and sample local Temecula wines and food pairings at venues in their own region 5 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities TRADESHOWS/EVENTS— ATTENDED TRADE SHOWS Vancouver Golf & Travel Show Spotlight on the Southwest MPI Southern California Chapter Education- al Conference & Trade Show International Pow Wow MPI Orange County and San Diego Educa- tional Conference & Trade Show HSMAI MEET ASTA THE Trade Show NTA CoNTAct CaISAE Seasonal Spectacular NTA Convention (January 2013) Go West Summit (January 2013) LA Times Travel Show (February 2013) EVENTS Springfest FAM Trip Temecula on the Road Orange County Temecula on the Road Los Angeles Winterfest FAM Trip OVERVIEW The TVCVB works hard to build professional relationships with media outlets and representatives in various markets to build and maintain awareness of the Temecula Valley as a travel destination. The CVB supplies the media with current information, editorial content, story ideas and imagery. Our activities generated over $2 million in in- kind press editorials, publications and on-line press. PRESS RELEASES A total of 27 press releases were issued by the CVB and 5 by Visit California during the fiscal year. Additionally, the TVCVB serviced many releases from partners to media. Press releases supported the Temecula Valley Southern California Wine Country brand as an entertainment, wine, golf, cultural, meeting, wedding, sports and culinary desti- nation. MEDIA TOURS On behalf of the TVCVB and it's partners, media visits are secured to promote the destination with the goal of se- curing valuable editorial coverage. The CVB supported over 469 Media Inquires and hosted 60 Media Partners and executed 20 CVB Media FAM Tours. 6 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities MEDIA MISSIONS & EVENTS With the purpose of networking and building connections with travel and lifestyle media, members of the CVB marketing department attended the Visit California media event in LA in February and Destination Day in Sacramento in April.. i nE RESULTS Through public relations efforts working with traditional and new media outlets, the TVCVB continues to exceed our expectations in reach- ing an audience of more than 44 million poten- tial visitors. RESULTS PERFORMANCE MEASURES FY '11--'12 FY '12-'13 CPRESSIONS PRESS RELEASES ISSUED MEDIA TOURS MEDIA PLACEMENT 4,862,902 35 20 262 44, 832, 292 27 20 1204 PRINT ADVERTISINC— The CVB and Media buyer ARK Marketing & Media continue to negotiate better advertising rates during FY 12-13 Traditional print campaigns are still an im- portant tool to reach our niche market visitors. Tar- geted printed advertising was placed in the California Visitors Guide, Sunset Magazine, CTTC Drives. The CVB provided the editorial content to include suggest- ed itineraries, TID and partner listings with property details, logos and images. NLINE BANNER ADVERTISING Target marketing, message tailoring, flexible rates, cre- ativity, exposure, speed, and measureable ROI are the top reasons for the growth and attractiveness of the online advertising for the CVB. Online campaign and the use of technology continues to be the most effect marketing and advertising tool for the Temecula Valley CVB, as well as targeted drive markets in Southern Cal- ifornia for meeting and leisure travelers. Branding ban- ner advertising was developed to maximize new sponge cell technology, adding room bookings, Visitor Guides and Calendar of Events and (first media buy took place in August due to TID cash flow for increased funding). Strategic placement on top travel sites, Expe- dia, Trip Advisor, Multi Travel and Media Sites, Visit California, C -vent, MPI, Cal SAE, NTA, US Travel Associ- ation, Go West WACVB ad DMAI. TOTAL MEDIA Placement IMPRESSIONS: 44,832,292 PERFORMANCE MEASURES FY '11-'12 FY '12-'13 INQUIRE/FULLMENT VG CALL IN DIRECT MAIL E-MAIL 32.503 4,557 3,600 508 11,180 3,087 0 325 129,224 7 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities advertising E—MARKETIN( The CVB utilized e -marketing to communicate regu- larly with members, meeting professionals and po- tential visitors, as well as to build brand loyalty. The e -marketing promotes new, upcoming events and special promotions as well as compliments our ad- vertising and public relations outreach for hotels and member partners. TEMECULA VALLEY Souther' . C�oortia K ne Co znb y Rang }discovered widr vineyards expansive vievnreaching 16W4foahgArcounsains, aies zpebyoaanbreenna dworlddas vnne iesawaiunTemecula Valley }aotashert drive fromanywhere in Southern GIi6nJa lands puamocgthe breathtaking beauty and unbna ipsmFikyofsouthern cant,rgia wine County. Stepbxkintime in OH Tawn Temecula when rusae huJdtngsreflectthe }tonne golden westof the lgnsardmwhouse aazesfourdinspetlalryboviqus. moque mnsardartgallerisabrgwith Southern California dil geaperienc... Swlldmngh OldTownandrcrvgt}etrkole family far the reaginlrum a enstcelebrant.. during the holiday season. A bounty of auard-wiruurg wirwies provide mph entertainment with nning rmmsopen ye. round. Enjoy aglasdwine aerlmkirg a wwyad enplane de bemnfal esus and indulge in the &leo:61e oilwry offering ofd, wineryremr anesnr nice nide awe tnspinngxeneryfromabotatrb>mon. The Harvest Celebration Wine Barrel Tasting (November 3 & 6 ID 12) is an annual fa➢ traltionfeawtlngthe opportuoiryb visit over3)wiuneswith foodaoduvasmpling awn Plus.golfmwsrwiodeMiway doing} the vallenoffaingehalleogingplay. lushsaenngs. 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WINE COUNTRY 10 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities Try Temecula. Discover Americaom Discover .com WINE COUNTRY GETAWid advertising 4^ cul and Amen fewer lI An Evening of Wine Tasting oollno fon. and to«v1nA. ou o 11. 'Temecula (hi 'Ile Road Wine It ere plilltl Thur. , Ortoerr;, Jet] 400588 • 8 0088n (opo Nome S1o6 at the lioneVi5 Cafe ,rSo Commons N•n, Sado E Calabaw, C4 95101 :.•m, •arfi- to term, woe. enerned Teelntuta t afn' Nin Tams Gtasa! For 0,i818880100. *am contact Leslie or Andrea at 051.491 boll, Wow Tore aw Manic Vi•.,t OI Jr Arhr Memnon MrMepa S.r.0 orilmo• :124 0151 24,14181 •e0eMf6tse menellesexiseetiem SEASONAL SPECTACULAR . --r • IIIU8i6•1E • IASCIN•11 rro lrrrrarr,...mmaro.rr.r .oco* r r loft.. �lr low r .famrw el...tnrr.•w r CeKl.rte w... Ywvlrwr arra a eww.l Rai .w trwrt. Crew C_ rl r.ranram Realm an rrrrl mow rrerrrotwr w.. w.ti root RR rs w r..wt.r r poi lerroYTr. IR.. Gahm Motor. OMR/ 0564102 )00 SEASONAL SPECTACULAR TOURS & TRANSPORTATION WINERIES A8OUT TEME-CIAA PIAMNIG WAN OWNS SIGMA, ')ISE COI.irl .111101)411 2.rocrL S{lfq Grove.. ow, Mahn Bator 0eeco Mermen 9Solo AT 4U 9rF, Nf21re Vtho k y O • • Wi•rE COUNTRY -, A 1 Ke abe.s162 I I ("1.1:1 I CxPERIENCE : •�- PECHANGA (TALL uvW I WNW, I COM.IO 11rma1•wwaT I aM ( Sete Great Rates , =x.. 't• 4� `�Sund s�Thursd" s 104 rrfCtalI or Wlne;_thlt zpEYence. More tban 40 wineries. 9ol(in9, spr7lSfi, %stTo. , hot atr ballooning. '. horsebacklidingetlg4dqe. concerts and so muck more,++-- Odeil( hotels end resorts to choose from! • sta eligtlt. •1:•e:. It's time to escape. ALLEY. THE GETAWAY THAT'S NOT FAR AWAY. VisitTcmccula.org 1888.363.2852 11 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities Beachbreak> Budbreak. 9,01 minutes apart.) Tion'.aSoCAwax rironrepinor eiod dm. frsm IA. ( Naar (.8018.8 S.n Hier 810516. Temre8t81 0 I.am11n.11we tlm Lan nnenn. elmam 6,4r1. and f.. r. ..n.1y. cO uer n, mlaaraa 1, 1Lwl and C4 iIllm,. k4'n ram noir irmn1li a ball l? drwoo And eitint auk Amer, ai.Woe, wlMwmedwd nus Teosadalralnr parlor. Book IP . SOUTHERN CALIFORNIA t 7J TAlCOLININ 1 1 CUSTOM MARKETING GROUP C.aliinrnia :west[ and C5•. Cr:.rro- o' Ccvnar 0x5 Exposure to Nearly 4 Million Consumers through California Insert goti Over 3.5 Million impressions delivered through Multi -Channel Digital Marketing fIIIIIIIJIIIIMI :mr Giftllalatlrd bawl ee E11erm GREAT EXPOSURE AND HIGH ENGAGEMENT WITH 6,395 PAGE VIEWS TO THE TEMECULA VALLEY SECTION OF DIGITAL PLANNER 4ob le E.posure onWAG s Reword To Go 4 0 social media AN EVOLUTION IN MARKETING The Temecula Valley Convention & Visitors Bureau contin- ues to stay on the forefront of new technologies in social media. The TVCVB utilizes social media to promote the Temecula Valley Southern California Wine Country region, Temecula CVB partners and increase awareness of the Temecula Valley brand. The Visittemecula Facebook page started the year off with 20,117 fans and YTD we have 25,373 fans. %.".1i -IL din EDIA HIGHLIGHTS/GOALS With the explosion of social media the CVB worked collec- tively with our partners to integrate our destination social media platform as an effective tool to drive awareness of our divested product offerings. We focused our messaging to include our new destination video which included "The Entertainment So Cal Wine Destination," "Extended Your Stay," "The Getaway That's Not Far Away," and "Stay the night." These campaign increased awareness and visitation. We continued to utilize the Facebook Fan page, twitter ac- counts for both meetings and visitors and encourage fans to enter to win, join the CVB mailing list and visit the CVB website at www.visittemecula.org. The CVB has increased attendance at events by promoting events on Facebook, Twitter and e -blast marketing. Social media has elevated our communication within our tourism community it has provided real time communication. The CVB team continues to use Twitter and Facebook as a virtual visitors center to answer and post visitor questions and insider tips, promote partners, attractions and recent press., The CVB launched our new destination Pinterest page this summer. Our media relationships continue to be viral through our social media channels and blogger partner. Pitching media and optimize press releases for social media has increased through reach through PRweb.com 12 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities Temecula Con Vis • • • 0�... Visit Temecula boards 149 p111 m ACM 223 followers s•.• 25.374 f ict-1- 7_ 2,519 talkng about this Man INN SOCIAL MEDIA TOOLS SOCIAL NETWORKING SITES FY `11-'12 FY `12-'13 (FANS) FACEBOOK.COM/visittemecula 20,117 25,373 TWITTER.COM/visit_temecula 2,947 3,650 TWITTER/MEET 1,176 1,313 TWEETS/Visit_temecula 2,902 3,765 YOUTUBE.com/Temecula 12,077 26,032 PINTEREST.COM N/A 1 1 1 1 WWW.VISITTEM ECU LA.ORC The official Temecula Valley, California visitor infor- mation portal is designed for consumers, travel trade, meeting planners, members and media. It fea- tures enhanced interactivity and functionality, includ- ing an interactive calendar of events, photo and vid- eo gallery. A booking engine processes reservations and is prominently visible on all Bureau web pages. 164 rooms were booked in FY 12-13 on the CVB site. In 2012 YTD 1,215 visitors opted in to receive Temec- ula promotions; our current client list is 25,000 e- mails. All online and print advertisement directs traffic to this site, which serves as a gateway to the official site. RESULTS PERFORMANCE MEASURES FY `11-'12 FY `12-'13 1 # of WEB PAGES ONLINE GUIDE/BROCHURE REQUESTS # OF PEOPLE REGISTERED E -NEWS ONLINE PARTNERS ONLINE CO-OP INCOME 173 193 2,827 3,036 2 3,150 2,042 1,215 2 1975 TRAFFIC REPORT FY `11-'12 FY `12-'13 TOTAL WEB SITE TRAFFIC #OF PAGE VIEWS # OF PAGE VISITS 143,924 386,809 2.69 AVERAGE LENGTH OF SESSION 2.38 ON-LINE RESERVATION 189 129.224 358,927 2.78 2.43 TRAFFIC REPORT -MOBILE SITE FY `11-'12 YTD `12-'13 TOTAL MOBI TRAFFIC # OF PAGEVIEWS # PAGES PER VISIT AVERAGE TIME ON SITE 7,962 28,406 26,265 88,452 3.30 3.11 2.06 1.55 13 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities publications OVERVIEW The CVB produces publications essential to mar- keting the Temecula Valley as a destination for tourism and group business. In addition to their practical informational function, publications and collateral items also serve as call -to -action pieces and "new products" for the CVB to promote through public relations and advertising. VISITOR GUIDE & MEETING PLANNER GUIDE The Temecula Valley Visitor Guide is the region's official visitor information publication. In FY 12- 13 the CVB continues to partner with CVB Mem- ber partners and local vendors to produce this publication. The guide is designed to be an infor- mational piece distributed to potential visitors and consumers, as well as meeting planners, tour operators and media. The Visitor Guide is distributed at area hotels, attractions, travel and trade shows, California Welcome Centers and throughout the state. The Visitor Guide has many features, including a pull-out area map, suggested itineraries, editori- al emphasis on the region's distinctive lifestyle, which includes our niche markets of food, wine, outdoor activities, history, entertainment and the arts. The CVB also publishes a comprehen- sive meeting planner guide, and is used by the CVB sales department in their marketing to meeting and event planners, tour operators and wedding planners. 14 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities NICHE MARKET BROCHURES To promote the Temecula Valley's unique niche mar- kets of wine, golf, history, entertainment, sports, and weddings, the CVB distributed several brochures in FY 12. The Temecula Valley destination map showcases our top three area assets, Pechanga Resort & Casino, Wine Country and Old Town Temecula. The CVB dis- tributed YTD 250,000 Temecula Valley maps in 1,533 locations within California. We are seeing an increase in numbers though Digital publication downloads and USB distribution. With increased popularity of our destination several new marketing brochures have been developed to in- clude a new group tour, wedding guide and sports team brochure. These market brochures/maps were distributed to visi- tors and partners through specialty niche trade mis- sions. Niche and seasonal markets will continue to be a key strategy in growing our lodging occupancy. DISTRIBUTION NUMBERS FY'11-'12 FY'12-'13 VISITOR GUIDES MEETING PLANNER GUIDE TEMECULA VALLEY SOCAL W INE MAP GOLF MAP, WEDDING MAP SPORTS MAP 38,000 5,500 200,000 2,250 40,00 1,500 250,000 2,500 800 500 partnerships OVERVIEW The Temecula Valley CVB collaborates with over 152 community partners and industry non profit organiza- tions in marketing Temecula Valley as a destination. The CVB provides services to all partners. Partners are referred on a daily basis to consumers, media, travel trade and meeting professionals. PARTNER MARKETING OPPORTUNITIE' Throughout the year, a variety of marketing opportuni- ties are offered to CVB partners, including: participation in familiarization tours for meeting planners and media, inclusion in press releases, receipt of sales leads for group business, advertisement in CVB publications, par- ticipation in local networking functions, enhanced listings, access to promotional opportunities and trade show participation. ......,, MEETING & LUNCHEON The CVB Annual Meeting was held in the new City Civic Center this year. Over 152 partners and community stakeholders attended the meeting which featured highlights by our 2012-2013 Chairman, John Kelliher, and President & CEO, Kimberly Adams. The CVB and Temecula Valley Winegrowers Association held 3 net- working mixers for member partners in Wine Country. The CVB Sales Department held four Sales Happy Hours for tourism industry partners. The CVB hosted two Quarterly luncheons at member partner locations, where topics included industry trends and education. In March, the CVB held a Grand Opening for all members, partners, media, and residents at our new Mercedes Street location. The CVB successfully saw between 75- 130 attendance for each event. 15 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities MEMBERSHIP 2012-2013 Members By Category Lo. ging Visitor & Cony. Svc. Businesses 69, Wineries 20% Attractions /Sports &Transportation s% Rec./Aero Sports/Golf /Arts & Ent. 12% PERFORMANCE MEASURES FY '11-'12 FY '11-'12 TOTAL MEMBERS MEMBERSHIP DUES MEMBER EVENTS PRODUCED EVENTS ATTENDED VC MEMBER REFERRALS 139 $13,900 11 152 22,800 6 �il 65 5,399 VISIT CALIFORNIA PARTNERSHIP The Visit California partnership has been critical in the growth of our brand within the California Tourism product. Temecula has received cover- age though the marketing activities preformed by the Visit California and CVB staff. Temecula was featured in the Visit California Rural TV Spot which generated 1 Billion gross impressions. PERFORMANCE MEASURES FY '12-'13 WEBSITE COVERAGE CA VISTORS GUIDE CA ROADS MAP GUIDE CA CANADA TRAVEL PLANNER CA NEWSLETTER 3,109,417 500,000 1,000,000 500,000 3,600 SPRINGHILL SUITES J )Xarriotl RODEWAY INN Zemecula, Cali'orni� T EMECULA C REEK T NN LAQJINTA INNS & SUITES #N■ Holiday Inn Express & Suites ' J;G LHamptoru EMBASSY SUITES RA QUALITY INN EXTENDED UTADA. FAIRFIELD INN & SUITES Ntarnott Best western 16 Temeojla Valley Convention & Visitors Bure auTBID Annual Report of Activities „l!,4t!I,Wij:.1 SOUTHERN CA IFORNIA WINE COUNTRYL.9 J Convention and ) Visitors Bureau 4$t, .1 n IL IM i emecuia vanes Convention & Visitors Bureau 2013-14 Budget I All Funds Combined 1 ; Mar 12 Apr 12 Mater 1j Jun 12 Jul 12 Aug 12 Sept 12 Oct 12 Nov 12 1 Dec 12 _ i Jan 13 Feb 13 TOTAL 1 1 Mar '12 - Feb '13 Income _ sib - Website 500 500 500 500 500 500 500 500 500 Funisg500 Fundin d Investment Revenue 117.798 100.940 116.998 130.961 123124 105949 152.131 105.634 105305 85.063 500 95.230 500 6.000 Membership 20 20 20 20 20 20 20 20 20 20 20 99.378 1.338.511 Dues Merchandise Sales 3.125 3125 3,125 3.125 3,125 3.125 3.125 3,125 3.125 3,125 3.125 20 3,125 240 37,500 1.000 1,0001,000 1,000 1,000 1,000 1 000 1,000 1,000 1,000 1,000 1 Sales -Publications - 5.000 5.0001 - _ 1.000 12,000 Total Expense Income 122443 105.585 121,643 135.806 127,769 I 110,594 161.776 115,279 109,950 1 89,708 _ - 1 99.875 1 104.023 10.000 1 Advertising 1,404,251 -Marketing Advertising 72.416 55.484 68,543 67,285 68365 77,484 117,549 65.125 72,523 51,469 56,323 66.700 -Website Advertis 1.347 4,531 5,127 5,055 6,347 1,959 1.797 1,395 2,035 1,427 1,347 6,959 839.266 39.326 rn - Media Dues - - & Subscriptions Report Services 120 - - 1,245 100 1,210 1 891 365 1,891 3.837 1,891 1,891 3.500 3,838 650 7,190 1.891 7,787 4,891 4.891 3.837 FAM Tours/Site Visits PR/Media 2 400 - 3.960 550 3.510 200 5.810 - I 3,510 - 810 i : r 810 •690 2,965 8,505 1.891 810 40,427 37.410 Missions Insurance-Director!Prop_yrt 2.065 4,239 1,247 189 1.247 189 1,247 2,214 1.247 639 1.249 752 145 189 145 639 145 2,214 145 1,422 145 594 145 189 1,440 9.172 13,469 Event Hosting Office Supplies 400 500 500 500 3,000 500 500 500 500 400 500 500 Personnel Costs 17,696 8.741 8.756 17,696 8.741 8,756 17,698 8,741 8 756 17.696 8.741 8.300 Printing 1,636 1.890 890 1 090 890 890 1,090 890 890 690 890 8.756 890 140.772 12.626 Professional Fees 4,092 3.755 4,076 4,356 6,699 6,355 3.979 3,849 3.842 3.438 3,641 3,724 Promotional Items 730 3.712 2,872 712 1,630 730 1,612 1,972 1.176 604 1.162 712 51,806 17.624 Rent 4,345 4,410 4.345 4.345 4.410 • 4.345 435 4.345 4,410 4 345 I 4,345 4.410 4.345 52,400 Telecommunications 435 435 435 435 435 435 435 435 435 1 Trade Show Participation 2 800 1,800 13.270 5,875 10.000 - 2.400 2 500 2,000 2.950 435 - 5,220 43.595 Travel & Entertainment 4.074 4.057 2,140 8100 3.815 1,815 835 4,035 4.505 1.420 MI 835 Marketing Reserve 1.757 2,537 652 4,750 4,104 1.413 3.438 15,996 I— 3,883 671 2,059 4.860 2,457 40.491 43.717 Net Total Expense 122,443 105.585 121.643 135.606 I 127.769 110.594 161.776 115,279 i 109,950 1 89.708 1 99.875 104.023 1,404.251 Income Temecula Valley Convention &Visitors Bureau 2013-14 Budget TID Fund - Restricted Proposed Budget pending TiD advisory Board Final Approval Total Income Mar13 Apr13 May13 Jun13 Jul 13 Aug 13 Sept13 Oct13 Nov13 Dec13 Jen 14 Feb14 Mar '13 - Fab '14 Mar'12-Feb'13 •ra.ow 109.464 92,607 108,665 122,677 114,791 97,616 103,797 97,301 96,972 76,729 86,897 91.045 1.198.511 1,139,796 4.9% Expense - Advertising -Marketing 68,689 54,278 67,898 66,732 88,975 73,673 88,081 55.106 68,109 46,611 51,256 67,210 756,598 774,820 -2.4% 5270 Dues 8. Subscriptions 120 - - 1245 100 1,210 365 - - - 3,500 650 7,190 7,085 1.7% 5272 Report So -hikes 1,891 7,787 4.891 4,891 3,837 1,891 1.891 3,837 1,891 1.891 3.838 1.891 40,427 - 100.0% U'TL RnAw SN- 4,Ypv DT- ti.... 11q1 Trade Show Participation 2,800 1.800 13.270 5,875 10,000 2,400 2.500 2,000 2,950 43.595 57,604 -32.1% FAM TourslSito Visits 2,400 3,960 3,510 5,810 3,510 810 3,510 810 810 2,965 8.505 810 37,410 27,176 27.4% 5135 PR/Medla Missions 550 200 690 1,440 100.0% Travel & Entertainment 4,074 4,057 2,140 8,100 3215 1,815 835 4,035 4,505 1,420 83S 4,860 40,491 39.409 Event Hosting 4,239 189 189 2,214 639 752 189 639 2,214 1,422 594 189 13,489 13,369 0.7% Promotional Items 730 3,712 2,872 712 1,630 730 1,612 1,972 1,176 604 1,162 712 17,624 13,000 26.2% Printing 1,836 1,890 890 1,090 890 890 1.090 890 890 690 890 890 12,626 11,100 12.1% Personnel Costs 11,787 2,962 3,012 11,787 2,962 3.012 11,787 2,962 3,012 11,787 2,962 3,012 71,044 68,408 3.7% Professional Fees 3,742 3,405 3,726 4,006 6,349 6,005 3,629 3,499 3,492 3,088 3,291 3,374 47,606 66,169 -39.0% 5400 Office Supplies 400 500 500 500 3,000 500 500 500 500 400 500 500 8,300 6.000 27.7% Operating Cost 5,199 4,980 4,915 4,915 4,980 4,915 4.490 4,555 4,490 4,490 4,555 4,490 56,974 55.876 1.8% Total Expenses 109,84 92,607 108,665 122,627 114,791 97,616 . 103,797 97,301 96,972 76,729 86,897 91,045 1,193,511 1,139,796 Net Income - ---� Temecula Valley Convention & Visitors Bureau 2013-14 Budget T!D Fund Proposed Budget pending TID advisory Board Final Approval Mar 13 Apr 13 May 13 Jun 13 Jul 13 Aug 13 Sept 13 Oct 13 Nov 13 Dec 13 Jan 14 Feb 14 Mar 13 - Feb '14 1 of TIO Budget Operations $ 18,068 $ 14,958 $ 15,232 $ 15,710 $ 20.421 5 20,075 $ 14,909 $ 14,647 $ 14,575 $ 14.268 $ 14,438 $ 14,456 $ 191.747 16% Marketing Dept s 20,449 $ 18,396 $ 29,493 $ 34,947 $ 27,411 $ 20460 $ 31,284 $ 31,925 $ 33,910 $ 12,110 $ 18,686 s 24,421 $ 303,092 25% IT Dept $ 12.978 $ 14,704 $ 15,715 S 15708 $ 18,205 $ 14,015 $ 12,135 $ 12,883 $ 13,573 $ 9,135 5 11,521 $ 17.183 $ 167,755 14% Sales Dept 8 46,088 $ 37,116 $ 40,792 $ 46,814 $ 40,716 $ 32,759 $ 37,526 $ 29,808 $ 26,516 $ 33.273 $ 34.819 $ 26,947 $ 433,174 3796 Visitor Center $ 5,908 $ 3,753 $ 3,753 $ 4,263 $ 3,753 $ 5,398 $ 4,283 $ 3,753 $ 3,753 $ 4,263 $ 3.753 $ 3,753 $ 50.366 4% Exec. Office $ 5,983 $ 3,680 $ 3,680 $ 5,185 5 4,285 $ 5,309 $ 3,680 $ 4,285 $ 4,645 $ 3.680 $ 3,680 $ 4,285 $ 52.377 4% Total Dept s 109,464 $ 92.607 S 108.665 $ 122,627 $ 114,791 $ 97,616_ 5 103,797 5 97.301 5 96.972 5 75729 $ 86,897 5 91.045 s 1.198.511 100% TID per Month Sheet $ 109,464 $ 92,607 $ 108.665 s 122.627 $ 114.791 5 97.618 $ 103,797 5 97,301 5 96,972 $ 76,729 $ 86.897 $ 91,045 S 1,198,11 TVCVB FISCAL 2013-2014 PROPOSED TRADE SHOWS,EDUCATION AND SALES EVENTS AT A GLANCE SHOW/EVENT LOCATION DATE TOTAL EST. SHOW/EVENT COST MARKET Trade Shows Vancouver Golf & Travel Show Vancouver March 2-3, 2013 $ 7,350.00 Leisure/Golf Groups Location & Meeting Professionals International Combined Southern California, San Diego & OC Ed Con Date TBA May 2013 $ 2,150.00 All Groups Hospitality Sales & Marketing Assn International's MEET Anaheim, CA May 29-30, 2013 $ 4,450.00 All Groups International Pow Wow Co -Op ($12,000 registration to be paid from current FY) Las Vegas June 8-12, 2013 $ 5,850.00 FIT/Tour & Travel Collaborate Marketplace Denver, CO June 13-15, 2013 $ 4,800.00 Corp MPI WEC Las Vegas July 20-23, 2013 $ 2,100.00 All Groups IMEX Las Vegas October 15-17, $ 13,350.00 Corp, Assn, 2013 Incentive TEAMS Conference Salt Lake City October 2013 $ 6,000.00 Sports CaISAE Seasonal Spectacular Sacramento December 4, 2013 $ 3,250.00 Assn, Govt February 16-20, National Tour Association Los Angeles 2014 $ 5,600.00 FIT/Tour & Travel Go West Summit Tacoma WA February 24-27,$ 3,950.00 FIT/Tour & Travel 2014 (TOTAL TRADE SHOW FORECASTED BUDGET Confidential $ 58,850.00 12/19/2012 Page 1 TVCVB FISCAL 2013-2014 PROPOSED TRADE SHOWS,EDUCATION AND SALES EVENTS AT A GLANCE SHOW/EVENT Education WACVB Destination Marketing & Tech Summit Simpleview Summit DMAI Annual Convention LOCATION Mesa, AZ Tucson, AZ Orlando, FL DATE TOTAL EST. SHOW/EVENT COST MARKET April 17-19, 2013 $ April 28 - May 1, $ 2013 July 15-17, 2013 $ 1,370.00 Sales & Marketing 1,925.00 Sales Training 2,225.00 Sales & Marketing TOTAL EDUCATION FORECASTED BUDGET $ 5,520.00 Sales Missions/FAM Tours & In -Market Events Vancouver Sales Mission Springfest FAM Tour Temecula on the Road Summerfest FAM Tour Temecula on the Road Temecula on the Road Winterfest FAM Tour Temecula on the Road Vancouver Temecula Los Angeles Temecula Los Angeles Orange County Temecula San Diego March 4-6, 2013 April 4-5, 2013 May 2, 2013 June 2-3, 2013 July 11, 2013 September 12, 2013 $ December 12-13, 2013 January 9, 2014 $ $ $ 2,500.00 3,500.00 3,000.00 3,500.00 3,000.00 FIT/Tour & Travel Group Group Tour & Travel Tour & Travel 3,000.00 Group 3,500.00 Tour & Travel 3,000.00 Group Total Sales Missions/FAM Tours/In-Market Events Forecasted Budget $ 25,000.00 !TOTAL SHOWS AND EVENTS $ 89,370.00 1 Confidentlal 12/19/2012 Page 2 Hosp Sales & Marketing Assn International Meet Date: May 29-30 Location. Anaheim Staff: Milene OC Concierge Expo Date: 'TBD Location: Orange County Stats: Annette .l /pZcrc;(yt�41 ,, ;T r.0>t.lsoxN_ .aatawtn � Convention and ,y Visitors Bureau PROPOSED TRADE SHOW MARCH 2013 Hist Quarter APRIL 2013 MAY 2013 Tracle Show Markets Media/ Marketing Meetings Groups Sports and LClsurc Tour and Travel Educational Conf rence'Seminar Sides Missions 111. In -Market EA MS MIFAM Tour Vancouver Golf & Travel Show Date: March 2-3 Location: Vancouver Staff: Leslie & Annette It • le: 'TBD cation: Loo Ango df: Annette Sales Mission Date: March 4-6 Location: Vancouver Staff: Leslie & Annette FAM Tour Date: April 4 Location: Temecula Staff: Sales Staff Sales Mission Date: April 14-19 Location: JapanlS Korea Staff: Diane Medal Event )bte : 'TBD jDLttlion: Toronto �{aR: Att+tnIto Temecula On The Road Date: May 2 Location: Los Angeles Staff: Sales Staff MPI So CaIISDIOC Educational Conference Date: May Tbd Location: Los Angeles Staff: Diane JUNE 2013 Second Quarter JULY 2013 AUGUST 2013 International Pow Wow Co -Op Date: June 8-12 Location: Las Vegas Staff: Leslie, Diane, Annette Collaborate Marketplace Date: 13-15 Location: Denver, CO Staff: Diane FAM Tour Date: June 2-3 Location: Temecula Staff: Sales Staff MPI WEC Date: July 20-23 Location: Las Vegas Staff: Leslie Temecula On The Road Date: July 11 Location: Los Angeles Staff: Sales Staff •TBD to be determined at next Notice Meeting for planning purposes 12/1112012 IMEX Date: October 15-17 Location: Las Vegas Staff: Diane & Milene Temecula On The Road Date: January 9 Location: San Diego Staff: Sales Staff raun.t.tusoevi Convention and sd Visitors Bureau Trade Show Markets I I Media / Marketing 11111 Nfeetings Groups Spotts and Lci.n,re inTour and Travel Educational Conferenccgeannar - Sales Missions InIn -Market Er ents 1111 FAM Tour ) September 2013 Third Quarter October 2013 November 2013 Temecula On The Road Date: September 12 Location: Orange County Staff: Sales Staff J J TEAMS Date: November 7.11 Location: Salt Lake. 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[Mw.,.0114.[it .. ... a..r WA Alm nw SW/Wm wo 1 wog Umliawu suns 110 DNR Dew 11.1T1i Item No. 8 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: January 22, 2013 SUBJECT: An additional expenditure of $6,557 to Western Riverside Council of Governments (WRCOG) for a contract total of $66,557 to perform additional tasks/work above and beyond the original scope of work (Long Range Planning Project No. LR10-0017) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: Approve an additional expenditure of $6,557 to Western Riverside Council of Governments (WRCOG) for a contract total of $66,557 to perform additional tasks/work above and beyond the original scope of work. BACKGROUND: In March 2010, the City Council authorized staff to submit for a State of California Department of Transportation (Caltrans) Community Based Planning Grant for the Highway 395 Corridor Study. The grant proposal is a joint effort involving the Western Riverside Council of Governments, the California Department of Transportation (Caltrans), and the cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. The proposal identifies the City of Temecula as the lead agency and grant recipient, and identifies WRCOG as a sub -recipient for the purposes of administering the grant and serving as the designated project manager. In October 2010, the City accepted a grant award from the State of California Department of Transportation (Caltrans) for the Community Based Planning Grant and adopted Resolution No. 10-71, which authorized the Mayor to execute an agreement with Caltrans to receive the grant funds in the amount of $248,200 and to make these grant funds available to the sub -recipient to fund the procurement of professional services related to the project and administration of the Highway 395 Corridor Study In September 2010, the City entered into a Caltrans sub -recipient agreement with WRCOG and subsequently agreed to allocate $60,000 from the Caltrans Grant for the administration of the grant and to serve as the project manager in order to procure services related to the project. The purpose of this request is to approve an additional expenditure of $6,557 in grant funds to allow WRCOG to perform the additional tasks of preparing and presenting the final Highway 395 Corridor Study results to various committees of the participating agencies of the project. FISCAL IMPACT: Adequate funds exist within the Caltrans Grant in the Planning Department Budget for the additional scope of services. ATTACHMENTS: 1. Additional Scope of Services 2. Executed Sub -Recipient Agreement Western Riverside Council of Governments County of Riverside • City of Banning • City of Calimesa • Ciy of Canyon Lake • City of Corona • City of EasNale • City of Hemel • City ofJurupa Valley City of Lake Elsinore • City of Menifee • City of Moreno Valley • City of Murrieta • City of Norco • City of Perris • City of Riverside • City of San Jacinto City of Temecula • Ca)/ of Wildomar • Eastern Municipal Water District • Westem Municipal Water District December 19, 2012 City of Temecula Attention: Patrick Richardson, Director of Planning and Redevelopment 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589 Subject: Professional Services Agreement — Budget Augmentation Dear Mr. Richardson: In accordance with Operative Provision #17, Changes in Grant Allocation, of our Subrecipient Agreement for the Multi-jurisidctional Corridor Planning for the Jefferson Avenue Corridor (Highway 395 Corridor Study) dated September 28, 2010, we are submitting this letter to request a budget augmentation in the amount of six thousand five hundred and fifty-seven dollars ($6,557.00) to perform additional tasks/work above and beyond WRCOG's original scope of work. As requested, WRCOG will complete a portion of Task 4: Task 4: Final Plans and Report Preparation and Presentation. This work effort will include: • WRCOG staff preparing a staff report for final presentation meeting agendas. • WRCOG staff assisting with production of a video summarizing the Corridor Study. • WRCOG staff assisting with preparation of a brochure summarizing the Corridor Study. • WRCOG staff preparing tailored PowerPoint presentations for the cities of Temecula, Murrieta, Wildomar, and Lake Elsinore, as well as WRCOG. • WRCOG's Project Manager attending and presenting the final plans at the following meetings: o City of Temecula — City Council: January 8, 2013 o City of Wildomar — City Council: January 9, 2013 o City of Murrieta — City Council: February 5, 2013 o City of Murrieta - Planning Commission: January 23, 2013 o City of Lake Elsinore — Planning Commission: February 2013 o WRCOG Planning Directors' Technical Advisory Committee: February 13, 2013 o WRCOG Public Works Technical Advisory Committee: February 13, 2013 o WRCOG Technical Advisory Committee: February 20, 2013 o WRCOG Executive Committee: March 4, 2013 o Possibly Southern California Association of Governments (SCAG) and San Diego Association of Governments (SANDAG) at later dates We are confident we can complete the task on time and continue with a successful work program. Thank you for your consideration. Sincerely, Alexa Washburn Program Manager 4080 Lemon Street, 3rd Floor Annex, MS1032 • Riverside, CA 92501-3609 • (951) 955-7985 • Fax (9511 787-7991 • www.wrcog.cog.ca.us MULTI - JURISDICTIONAL CORRIDOR PLANNING FOR THE JEFFERSON AVENUE CORRIDOR BY AND BETWEEN CITY OF TEMECULA AND WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG) Community Based Transportation Planning Grant Sub -Recipient Agreement This Agreement is entered into as of this 28th day of September, 2010 (Agreement), by and between the City of Temecula, a municipal corporation established and existing pursuant to the Constitution of the State of California, hereinafter referred to as the "City" and the Western Riverside Council of Governments, a joint powers authority established and existing pursuant to the laws of the State of California, hereinafter referred to as the "Agency" or the "Sub -recipient' and may be collectively referred to as "Parties" or individually referred to as "Party" in this Agreement. WITNESSETH WHEREAS, the City has been awarded a grant in the amount of $248,200 from the State of California Department of Transportation ("Caltrans") for a Community Based Transportation Grant ("Grant'); and WHEREAS, the City and the Sub -recipient have an interest in providing the necessary services to and enhancement of the quality of life for residents in Western Riverside County; and WHEREAS, the City and the Sub -recipient recognize that the project herein, the development of a Multi -Jurisdictional Corridor Planning Effort for the Jefferson Avenue Corridor ("Project') is eligible under applicable Caltrans regulations; and WHEREAS, the City and the Sub -recipient desire to cooperate in the implementation of the Community Based Transportation Planning Grant Program ("Program") by reason of experience, preparation, organization, staffing and facilities to provide for the Project that would bring consistency to the individual city planning efforts; and WHEREAS, the Agency recognizes the benefits to be derived from receiving Program Funds; and WHEREAS, the Program Funds are made available by Caltrans to encourage livable/ sustainable community concepts with a transportation or mobility objective and promote community identity and quality of life, and the City is eligible to apply to Caltrans for such Program Funds and to then make them available for administration and use by the Agency as a Sub -recipient of the Community Based Transportation Planning application ("CBTP Application") of the City; and WHEREAS, on March 23, 2010, the City Council of the City ("Council") authorized the submittal of a CBTP Application for the Project; and WHEREAS, the City was denoted as the award recipient and the Agency as the sub -recipient pursuant to such CBTP Application; and WHEREAS, before an assistance agreement between the City and Caltrans can be executed, an agreement between the City and the Agency must be duly approved and executed. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: OPERATIVE PROVISIONS Incorporation of Recitals The Recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 2. Sub -recipient's Name The name of the Sub -recipient is identified as the Western Riverside Council of Governments, hereinafter referred to as "WRCOG". Any additional substitution of name shall require a majority vote of the Sub -recipient's governing body being the Executive Committee of WRCOG ("Committee"), and approved by the Council on behalf of the City. 3. Supervision of Sub -recipient A. The individuals designated in Exhibit "B", attached hereto and by this reference made a part hereof, hereinafter referred to as "City Staff", shall be responsible for the direction of any work to be performed by Sub -recipient and any other consultants or sub -consultants to the Agency under this Agreement. The Sub -recipient shall not undertake any work under the terms of this Agreement, unless instructed to do so by one of the designated City Staff members. No other staff member is authorized by the City to request services from Sub -recipient. B. The Sub -recipient may be required to obtain approvals from the Committee for its activities affecting the procurement of third party services without any further approval by the Council. 4. Organization of Sub -recipient A. The Sub -recipient's role in this Agreement is to serve as a Project Manager and to procure services related to the Project. B. Sub -recipient Administration i. General legal counsel for the Sub -recipient shall be provided by the Agency's General Counsel. 5. Sub -recipient Funding and Support The City has adopted Resolution No. 10-71, dated October 12, 2010 authorizing the Mayor of the City to execute an agreement with Caltrans to receive the following funds which shall be made available to the Sub -recipient to fund the procurement of professional services related to the Project and the administration of the Program. initial Amounts Allocated to Sub -recipient Source of Funds: Grant 6. Scope of Sub -recipient Services Dollar Amount: $248,200 The Sub -recipient's Scope of Services pursuant to this Agreement is to procure third party consultant services as needed for the Project and the administration of the Grant. The Sub -recipient's Scope of Services and the time periods of performance for such Scope of Services are more particularly set forth in Exhibit "A" attached hereto and by this reference made a part hereof. Time of Performance Said services of the Sub -recipient are to commence on or about January 1, 2011, or as soon as practicable thereafter upon execution of an appropriate contract with Caltrans, whichever is the first to occur (the "Effective Date"), and shall continue in full force and effect through and including February 28, 2013. 8. Initial Capital Allocation The Sub -recipient shall be funded through an allocation of $248,200, as indicated by the Grant amount delineated in Section 5. 9. Record Retention Records, maps, field notes and supporting documents and all other records pertaining to the use of Program Funds disbursed to the Sub -recipient hereunder shall be retained by the Sub -recipient and available to the City for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the City and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Sub -recipient. If the Sub -recipient does not maintain regular business hours, then such records shall be available for inspection between the hours of 7:30 a.m. and 5:30 p.m. Monday through Friday, excluding federal and state government holidays. In the event of litigation or an audit relating to this Agreement or funds paid to the Sub -recipient by the City under this Agreement, such records shall be retained by the Sub -recipient until all such litigation or audit has been resolved. B. The Sub -recipient shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Agreement. Without limitation, the Sub -recipient hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. 17. Changes in Grant Allocation The City, through the Council, may grant additional funds at its discretion for use by the Sub -recipient to assure the successful completion of the Program. 18. Notices All notices herein required shall be in writing. Notices shall be sent by prepaid First Class Mail to the following Address: To the City: To the Sub -recipient: 19 Assignment. City of Temecula Attention: Patrick Richardson, Director of Planning and Redevelopment 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589 Phone: (951) 506-5173 Fax: (951) 694-6499 Western Riverside Council of Governments Attention: Rick Bishop, Executive Director 4080 Lemon Street, 3`d Floor, MS 1032 Riverside, CA 92501 Phone: (951) 955-8303 Fax: (951) 787-7991 This Agreement is not assignable by the Sub -recipient without the express prior written consent of the City, which consent shall be given in the City's sole discretion. Any attempt by the Sub -recipient to assign any performance of the terms of this Agreement shall be null and void and shall constitute a material breach of this Agreement upon the occurrence of which the City may, among its other remedies, and without limitation or prior notice, cancel, terminate or suspend this Agreement. 20. Termination A. This Agreement may be terminated at any time by either Party upon giving thirty (30) day notice in writing to the other Party. 21. Release, Indemnification, and Hold Harmless 10. Use of Allocated Funds Program Funds shall be used for the purposes set forth in Section 6. 11. Accounting A. The Sub -recipient shall establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles, practices, and standards. B. At all times, the Chief Financial Officer of the Agency shall maintain the financial books and records of the Sub -recipient to be established pursuant to this Agreement and maintained by the Agency separate and apart from other Agency financial records and shall set forth all financial activity hereunder as a separate line item in the annual budget of the Agency. 12. Regular Reporting Requirements The Sub -recipient shall follow the procedures and requirements set forth in the "Community -Based & Environmental Justice Transportation Planning Grants Handbook" ("Handbook") for reporting and provide periodic reporting and the monitoring of compliance regarding the expenditure of the Program Funds for all purposes of this Agreement. 13. Authority to Enter Into Agreements The Sub -recipient may not enter into any third party service agreement except with the prior approval of the Committee at a noticed public meeting of the Committee or with the approval of the Agency's Executive Director as authorized in the Agency's bylaws and policies. 14. Compliance with Laws and Assurances The Sub -recipient hereby assures and certifies that it has complied with and will continue to comply with the provisions of the Handbook and all applicable federal, state, and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of funds for this state - assisted Program. 15. Affirmative Action The Sub -recipient shall make every effort to ensure that all projects funded wholly or in part by Program Funds shall provide equal employment and career advancement opportunities for minorities and women. 16. Discrimination A. No person shall, on the grounds of race, sex, creed, color, religion or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment supported by this Agreement. The Parties shall defend (if requested by the other Party), release, indemnify and hold the other Party, its officers, officials, attorneys, agents, employees, and volunteers, harmless from and against any loss, liability, claim, or damages that may arise or result from activities of the first Party, its officers, agents, employees and, shall, at its own costs, expense and risk, defend any and all legal proceedings that may be brought against the other Party on any claim, demand, or alleged liability, and shall satisfy any settlement or judgment that may be rendered against any of them arising or resulting from activities of the first Party, and shall assume liability for any and all direct expense incurred in providing services pursuant to this Agreement and shall assume any and all responsibilities for loss or damage resulting from negligence, injury, illness, or disease arising out of the provision of services. The other Party, however, is obligated to promptly notify the first Party in writing of any such claim of loss or damage. 22. Conflict of Interest The Sub -recipient, its agents and employees shall comply with all applicable federal, state, county and City laws and regulations governing conflict of interest. 'To this end, the Sub -recipient will make available or shall provide copies of all applicable federal, state, county and City laws and regulations governing conflict of interest, to its agents and employees. 23. Program Monitoring The City will monitor the Sub -recipient in the performance of this Agreement. The Sub -recipient shall maintain such property, personnel, financial and other records and accounts as are considered necessary by Caltrans and the City to assure proper accounting for all Program Funds authorizedunder this Agreement. The Sub -recipient shall permit on-site inspection by the City and/or Caltrans representatives with seven (7) days' prior written notice, and ensure that its employees and board members furnish such information, as in the judgment of the City and Caltrans, may be relevant to a question of compliance with contractual conditions and Caltrans directives, or the effectiveness, legality, and achievements of the Program. All the Sub -recipient records, with the exception of confidential client information, shall be made available to representatives of the City and appropriate state agencies. The City Manager or his/her designee will conduct periodic Program progress reviews. These reviews will focus on the extent to which the planned Program has been implemented and measurable goals achieved, the effectiveness of Program management, and the impact of the Program. 24. Religious Proselytizing or Political Activities The Sub -recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Program Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. 25. Audits The Sub -recipient may be required pursuant to the terms and conditions for receipt of the Program Funds to arrange for an independent financial and compliance audit annually for each fiscal year funds are received under this Agreement. An audit may also be conducted by State or local funding source agencies as part of the City's audit responsibilities. The results of the independent audit must be submitted to the City within thirty (30) days after completion. Within thirty (30) days after the submittal of an audit report, the Sub - recipient shall provide a written response to all conditions or findings reported in said audit report. The City and the Agency, and their authorized representatives shall, at all times, have access for the purpose of auditor inspection to any and all books, documents, papers, records, property, and premises of the Sub - recipient, whose staff will cooperate fully with authorized auditors when they conduct audits and examinations of the Program. 26. Counterparts The Agreement may be executed in three (3) counterparts. When executed, each counterpart shall be deemed an original, irrespective of date of execution. Said counterparts shall together constitute one and the same Agreement. 27. Severability Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 28. Amendment or Modification This Agreement may only be modified or amended by written instrument duly approved and executed by each of the Parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the Parties hereto, following all necessary approvals and authorizations for such execution. 29. Governing Law This Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of Riverside. 30. Compliance with Law The Sub -recipient shall comply with all local, state and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Sub -recipient under this Agreement. The Sub- recipient shall maintain all necessary licenses and registrations for the lawful performance of the work required of the Sub -recipient under this Agreement. 31. Non -Waiver Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. 32. Representatives of Persons Executing the Agreement The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the respective Party that each purports to represent. 33. Press Releases Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Sub -recipient under this Agreement shallonly be made by the Sub -recipient with the prior consent of the City. 34. Default and Remedies A. Events of Default The occurrence of any of the following shall, after the giving of any notice described therein, constitute a default by Sub -recipient hereunder ("Event of Default") The failure of Sub -recipient to pay or perform any monetary covenant or obligation hereunder or any of the documents executed in connection herewith, without curing such failure within ten (10) calendar days after receipt of written notice of such default from the City (or from any party authorized by the City to deliver such notice as identified by the City in writing to Sub - recipient); ii. The failure of Sub -recipient to perform any nonmonetary covenant or obligation hereunder or any of the documents executed in connection herewith, without curing such failure within thirty (30) calendar days after receipt of written notice of such default from the City (or from any party authorized by the City to deliver such notice as identified by the City in writing to Sub -recipient) specifying the nature of the event or deficiency giving rise to the default and the action required to cure such deficiency; provided, however, that if any default with respect to a nonmonetary obligation is such that it cannot be cured within a thirty (30) -day period, it shall be deemed cured if Sub -recipient commences the cure within said thirty (30) -day period and diligently prosecutes such cure to completion thereafter. B. Notwithstanding anything herein to the contrary, the herein described notice requirements and cure periods shall not apply to any Event of Default described in the following sentence. Voluntary cessation of the operation of the Project for a continuous period of more than thirty (30) calendar days or the involuntary cessation of the operation of the Project in accordance with the Agreement for a continuous period of more than sixty (60) calendar days, unless such cessation is approved, in writing, by the City. C. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties under this Agreement are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. D. The City's Remedies Without any prejudice to the other rights of the City pursuant to Section 20, upon the occurrence of an Event of Default hereunder, the City, or an agent of the City, may, in its sole discretion, take any one or more of the following actions: By notice to Sub -recipient declare that the entire unused amount of the Program Funds must be immediately repaid to the City, and the same shall become due and payable without further demand, protest or further notice of any kind, all of which are expressly waived; ii. Subject to any nonrecourse provisions in this Agreement, take any and all actions and do any and all things which are allowed, permitted or provided by law, in equity or by statute, to enforce performance and observance of any obligation, agreement or covenant of the Sub -recipient under this Agreement or under any other document executed in connection herewith; iii. Cease allowing Sub -recipient access to any Program Funds unless and until the Event of Default (if curable) is cured; iv. Demand reimbursement from the Sub -recipient for any payments made to it by the City for which the contracted work product was not satisfactorily delivered by the Sub -recipient; v. Confiscate any material or other work product purchased or produced by the Sub -recipient for the Project; vi. Take any and all actions and do any and all things which are allowed, permitted or provided by law, in equity or by statute, to enforce performance and observance of any obligation, agreement or covenant of the Sub -recipient under this Agreement or under any other document executed in connection herewith. City Default and Sub -recipient's Remedies Upon fault or failure of the City to meet any of its obligations under this Agreement without curing such failure within thirty (30) calendar days after receipt of written notice of such failure from Sub -recipient specifying the nature of the event or deficiency giving rise to the default and the action required to cure such deficiency, Sub -recipient may, in addition to any other remedies provided by federal, state or local laws: Bring an action in equitable relief seeking the specific performance by the City of the terms and conditions of this Agreement or seeking to enjoin any act by the City which is prohibited hereunder; and/or ii. Bring an action for declaratory relief seeking judicial determination of the meaning of any provision of this Agreement. 35. Consequential Damages and Limitation of Liability The City and the Sub -recipient agree that except as otherwise provided in this Section 35, in no event will either be liable to the other under this Agreement for any damages including but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 35 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Sub - recipient and the City, their employees or subconsultants. 36. Legal Proceedings Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this agreement between the Parties, it shall be filed in Riverside County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and the costs, salary and expenses of the General Counsel and members of his or her office in enforcing this Agreement on behalf of the Agency shall be considered as "legal fees" for the purposes of this paragraph. 37. Exhibits The Exhibits to this Agreement, indicated as Exhibits "A" and "B", are an integral part of this Agreement and have each been incorporated herein. The Agreement shall not become effective until such time as the Sub -recipient has properly filled out and fully executed each Exhibit to this Agreement, as required, and the Executive Director or his designee has reviewed and approved the form and content of each Exhibit. 38. Entire Agreement This Agreement constitutes the entire agreement between Parties. This Agreement supersedes all prior negotiation, discussions and agreements between Parties conceming the subject matters covered herein. The Parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day and year first written above. Approved as to Form: By: CITY City of Temecula By: Shawn Nelson, City Manager Approved a , • • • /Pr By: nsel SUBRECIPIENT Western Riverside Council of Governments By: Rick Bishop, Executive .Director EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Startup Task 1.1: City of Temecula, Western Riverside Council of Governments (WRCOG) and Caltrans meet to review the approved application, discuss expectations and finalize the contract Task 1.2: The cities of Temecula, Murrieta, Wildomar and Lake Elsinore, ("4 Cities") and WRCOG will develop and approve an RFP for consultant services for plan development and community outreach. Task 1.3: RFP will be distributed and consultant interviews will be conducted. A consultant will be selected and contracts will be negotiated. Task 1.4: Conduct a kick-off meeting with the 4 Cities, WRCOG, and the Consultant to discuss final project details; sign Memorandum of Understanding (MOU) between 4 Cities and WRCOG. Task Responsible Party Deliverable Documentation Schedule 1.1 City of Temecula, WRCOG and Caltrans Signed contract between City of Temecula and Caltrans Copy of signed contract February 2011, (start date per application) 1.2 4 Cities, WRCOG and Consultant Signed contract between WRCOG and consultant Copy of RFP, work program and signed contract March 2011 1.3 4 Cities and WRCOG and consultant; Conduct kick-off meeting; sign MOU between 4 Cities and WRCOG Meeting notes; executed MOU April 2011 Task 2: Public Participation and Community Outreach Task 2.1: Form the Community Outreach and Opportunity Partnership (COOP) to conduct public participation efforts Task 2.2: COOP meets to identify stakeholders and outreach approach Task 2.3: Promote COOP and upcoming public workshops and outreach through various outreach mechanisms, including local media Task 2.4: Conduct at least 4 scenario planning workshops to: present existing conditions and growth analysis; discuss plan components for both a multimodal transportation plan and mixed use development plan and present draft plan; and to collect community input Task 2.5: Conduct at least two workshops to present the final plan Task Responsible Party Deliverable Documentation Schedule 2.1 4 Cities and WRCOG and COOP Form COOP List of COOP members May 2011— June 2011 2.2 4 Cities and WRCOG and COOP COOP meeting COOP meeting notes and list of June 2011 Task 3: Development of Reports and Plans Task 3.1: Develop Corridor Existing Conditions Report • Research existing information regarding the corridor • Inventory and catalogue current uses • Analyze growth trends that will impact the corridor and surrounding area • Identify potential improvements for both transportation and mixed-use development ■ Develop final Corridor Existing Conditions Report ■ Present plan to the COOP (See Task 2.4) Task 3.2: Develop Corridor Multimodal Transportation Plan • Analyze data pertaining to transportation options, including but not limited bus, non -motorized (both bicycle and pedestrian) and rail opportunities • Consider safety issues for those using the transit options ■ Consider historical and cultural issues that may impact the plan • Identify potential transportation improvements from the various options ■ Develop draft Corridor Multimodal Transportation Plan ■ Present plan to the COOP (See Task 2.4) Collect community input for final plan ■ Develop Final Corridor Multimodal Transportation Plan Task 3.3: Develop Corridor Mixed -Use Development Plan • Analyze data pertaining to mixed-use development options ■ Conduct research on housing options that address affordability ■ Conduct research on economic development opportunities and job creation along the corridor ■ Consider safety issues for those using the transit options • Consider historical and cultural issues that may impact the plan ■ Identify potential mixed-use development improvements from the various options ■ Develop draft Corridor Mixed-use Development Plan • Present plan to the COOP (See Task 2.4) • Collect community input for final plan • Develop Final Corridor Mixed-use Development Plan Task 3.4: Develop a Corridor Next -Steps Implementation Plan extended outreach stakeholders 2.3 4 Cities, WRCOG, Consultant, and COOP COOP and workshop promotion Copies of outreach announcements July 2011 - February 2013 (or end of project) 2.4 4 Cities and WRCOG, Consultant, and COOP Conduct workshops Workshop notes July 2011— June 2012 2.5 4 Cities and WRCOG, Consultant and COOP Conduct workshops Workshop notes November — December 2012 Task 3: Development of Reports and Plans Task 3.1: Develop Corridor Existing Conditions Report • Research existing information regarding the corridor • Inventory and catalogue current uses • Analyze growth trends that will impact the corridor and surrounding area • Identify potential improvements for both transportation and mixed-use development ■ Develop final Corridor Existing Conditions Report ■ Present plan to the COOP (See Task 2.4) Task 3.2: Develop Corridor Multimodal Transportation Plan • Analyze data pertaining to transportation options, including but not limited bus, non -motorized (both bicycle and pedestrian) and rail opportunities • Consider safety issues for those using the transit options ■ Consider historical and cultural issues that may impact the plan • Identify potential transportation improvements from the various options ■ Develop draft Corridor Multimodal Transportation Plan ■ Present plan to the COOP (See Task 2.4) Collect community input for final plan ■ Develop Final Corridor Multimodal Transportation Plan Task 3.3: Develop Corridor Mixed -Use Development Plan • Analyze data pertaining to mixed-use development options ■ Conduct research on housing options that address affordability ■ Conduct research on economic development opportunities and job creation along the corridor ■ Consider safety issues for those using the transit options • Consider historical and cultural issues that may impact the plan ■ Identify potential mixed-use development improvements from the various options ■ Develop draft Corridor Mixed-use Development Plan • Present plan to the COOP (See Task 2.4) • Collect community input for final plan • Develop Final Corridor Mixed-use Development Plan Task 3.4: Develop a Corridor Next -Steps Implementation Plan • Research local plans, including redevelopment plans, to understand timeframe opportunities for implementation • Identify changes to local cities' plans that will be necessary to implement the Corridor Plans • Develop preliminary cost estimates for the plan's selected options for transportation and development • Identify potential funding sources for recommended improvements Task 3.5: Present draft plans to local government planning groups • • Present draft plans to local government groups including WRCOG, city councils and planning commissions • Collect local government input Task Responsible Party Deliverable Documentation Schedule 3.1 4 Cities, WRCOG and COOP Develop Corridor Existing Conditions Report Copy of Report May 2011— June 2011 3.2 4 Cities, WRCOG, Consultant, and COOP Develop Corridor Multimodal Transportation Plan Copy of Corridor Multimodal Transportation Plan August 2011 — November 2011 3.3 4 Cities, WRCOG, Consultant, and COOP Develop Corridor Mixed -Use Development Plan Copy of Corridor Mixed -Use Development Plan August 2011 — November 2011 3.4 4 Cities, WRCOG, Consultant and COOP Develop Corridor Next- Steps Implementation Plan Copy of Corridor Next -Steps Implementation Plan December 2011 — March 2012 3.5 4 Cities, WRCOG and COOP Presentation of Draft Plans Meeting notes and input April 2012 — May 2012 Task 4: Final Plans and Report Preparation and Presentation Task 4.1: Prepare, based on COOP and local government agency input, the following final plans: the final Existing Conditions Report; the final Corridor Multimodal Transportation Plan; the final Corridor Mixed -Use Development Plan; and the final Corridor Next -Steps Implementation Plan Task 4.2: Present final plans at the COOP and local government agencies (See Task 2.5) Task 4.3: Present final plans and report to Caltrans Task Responsible Party Deliverable Documentation Schedule 4.1 4 Cities, WRCOG, Consultant and COOP Prepare Final Plans Copy of Final Plans July 2012 — October 2012 4.2 4 Cities, WRCOG, Consultant and COOP Presentation of Final Plans Meeting notes and video November 2012 — December 2012 4.3 4 Cities, WRCOG, and COOP Presentation of Final Plan Meeting notes January 2013 — February 2013 Task 5: Administration Task 5.1: Monitor ongoing progress of the project, and prepare and provide quarterly reports as required. Oversee ongoing contract management. Task 5.2: Act as fiscal manager for the project, including providing invoicing and ensuring proper documentation of expenditures and timely use of funds. Report quarterly on milestone completion to Caltrans' District Project Task 5.3: Manager. Task Responsible Party Deliverable Documentation Schedule 5.1 City of Temecula and WRCOG Monitor project and contract management Quarterly reports presented to Caltrans February 2011 — February 2013 5.2 City of Temecula and WRCOG Act as Fiscal Manager Copies of invoices and other documentation as needed February 2011 — February 2013 plus closeout 5.3 City of Temecula and WRCOG Report to Caltrans' District Project Manager Quarterly reports presented to Caltrans April 2011, July 2011, October 2011, January 2012, April 2012, July 2012, October 2012, January 2013, and February 2013 EXHIBIT "B" SUPERVISORY CITY STAFF 1. Patrick Richardson, Director of Planning and Redevelopment 2. Luke Watson, Management Analyst 3. Dale West, Associate Planner Item No. 9 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 22, 2013 SUBJECT: Summary Vacation of Slope Easement adjacent to Murrieta Hot Springs Road at Red Bridge Road in Tract Map No. 29353-1 PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE A SLOPE EASEMENT ADJACENT TO MURRIETA HOT SPRINGS ROAD WITHIN TRACT MAP NO. 29353-1 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAYS CODE BACKGROUND: In 2001 the County of Riverside completed construction of an 1,100 -foot section of Murrieta Hot Springs Road (`MHSR') located at Red Bridge Road as part of County Assessment District 161. Per the County General Plan of Circulation, this portion of MHSR was constructed as an Arterial Highway which included two lanes and an 8' shoulder in each direction with a raised median. The road section was built within the County just north of Temecula city limits. As part of the proposed road improvements, an easement was acquired by the County within the City of Temecula to construct slopes along the south side of MHSR. The easement was dedicated to the County as part of a "Grant of Easement and Agreement Affecting Real Property" recorded as Instrument Number 2000-006656 on January 5, 2000 (see document attached). The slope easement is described and shown in the recorded instrument as Exhibit "D." The easement is also depicted on Exhibits "A" and "B," which are attached to this report and also made a part of the proposed Resolution. The slope easement is currently located within Lot 1 of Tract 29353-1. Tract 29353-1 was recorded May 15, 2003 and lies within the City of Temecula Roripaugh Ranch Specific Plan. KB Home has recently purchased Lot 1 (a.k.a. tentative map TTM 29661-1 — see Exhibit "C" attached) and is currently seeking to record the tentative map for residential development purposes. KB Home has submitted an application to the City requesting vacation of the slope easement. KB Home's tentative map shows future residential building pads within the subject slope easement and has requested a vacation of the easement to allow for construction of single family homes within the current slope easement area. KB Home included with their application a consent letter from the Director of the County of the Riverside Transportation Department stating that the County does not object to City of Temecula vacating the slope easement on their behalf. The County indicated in their letter that the slope easement is no longer necessary since MHSR has been constructed to its ultimate width and topography changes have eliminated the need for the easement. The proposed vacation meets the requirements for a Summary Vacation pursuant to Section 8300 of the State Streets & Highways Code in that: • The vacation will not cut off access to any property or terminate a public service easement. • The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. • There are no in-place public utility facilities that are in use and would be affected by the vacation. • The easement is no longer required for street or highway purposes. Staff therefore recommends that the City Council adopt Resolution No. 13- , approving the proposed summary vacation, pursuant to Chapter 4, Part 3, Division 9 (Sections 8300 through 8336) of the Streets and Highways Code, since said slope easement is no longer necessary for present or prospective public use. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 13 - with Exhibits "A", "B" & "C", inclusive 2. Grant of Easement and Agreement Affecting Real Property 3. County of Riverside Consent Letter to Vacate RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE A SLOPE EASEMENT ADJACENT TO MURRIETA HOT SPRINGS ROAD WITHIN TRACT MAP NO. 29353-1 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAYS CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the City Council intends to summarily vacate a slope easement adjacent to a portion of Murrieta Hot Springs Road (`MHSR') located within the City of Temecula Tract Map No. 29353-1 and as described on Exhibits "A" and "B" attached. Section 2: Pursuant to the County of Riverside General Plan of Circulation, said portion of MHSR was constructed as an Arterial Highway as part of County Assessment District 161. The actual MHSR road section was built within the County just north of the City boundary. Section 3: As part of the proposed road improvements, a slope easement was acquired by the County within the City of Temecula to construct slopes along the south side of MHSR. The slope easement was dedicated to the County as part of a "Grant of Easement and Agreement Affecting Real Property" recorded as Instrument Number 2000-006656, on January 5, 2000. The slope easement is described and shown as Exhibit D of said Grant of Easement, which is attached hereto and incorporated herein. Section 4: The slope easement is currently located within Lot 1 of Tract 29353-1. Tract 29353-1 was recorded May 15, 2003 as a part of the City of Temecula Roripaugh Ranch Specific Plan. Section 5: KB Home, the current owner of Lot 1, has submitted an application to the City requesting vacation of the slope easement. KB Home's tentative map TTM 29661-1 shows future residential building pads within the subject easement and has requested the slope vacation to allow for construction of single family homes within the current slope easement area (See Exhibit "C" attached). Section 6: The County of Riverside has provided a consent letter to the City of Temecula stating that the County does not object to City vacating said slope easement on their behalf. The consent letter states that the slope easement is no longer necessary since MHSR has been constructed to its ultimate width and resulting topography changes have eliminated the need for the easement. Said letter dated December 6, 2012, is attached hereto and incorporated herein. Section 7: Streets and Highways Code Sections 8330 through 8336 provide the authority for the City Council to summarily vacate an easement (slope) if certain factual findings are made. Pursuant to the authority of said sections, the City Council hereby finds, determines and declares that: a. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. b. The vacation does not cut off all access to any property or terminate a public service easement. c. The easement is no longer necessary for present or prospective public use and. d. There are no public utility easements or facilities that are in use which will be affected by the vacation. Section 8: This vacation proceeding is pursuant to the authority of Chapter 3, Part 3, Division 9, Sections 8330 through 8336 of the Streets and Highways Code. Section 9: Based on the findings made in this Resolution, the City Council of the City of Temecula hereby vacates said slope easement more particularly described and depicted on Exhibits "A" and "B", and attached hereto and incorporated herein as though set forth in full pursuant to Sections 8330 through 8336 of the Streets and Highways Code. Section 10: The City Clerk shall certify the adoption of this resolution and shall cause a certified copy of the Resolution to be recorded pursuant to Streets and Highway Code Section 8336. Upon recordation of this Resolution, the vacation of the slope easement shall be completed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of January, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Exhibit A That certain slope easement described as Parcel 5001-006B in Exhibit D of Grant Easement and Agreement Affecting Real Property per document recorded January 5, 2000 as Instrument No. 2000- 006656 of Official Records of Riverside County and described as follows: In the County of Riverside, State of California; A portion of the North One Half of the North One Half of Section 20, Township 7 South Range 2 West, San Bernardino Base and Meridian, more particularly described as follows: COMMENCING at the Northwest corner of said Section 20 as shown on Record of Survey filed in Book 87, Pages 28 through 34 inclusive of Surveys, Records of said County. THENCE along the Westerly line of said Section 20, South 0°25'43" West 18.75 feet to the beginning of a non -tangent 1845.00 foot radius curve concave Southerly, a radial bears North 15°32'13" West, said point being the TRUE POINT OF BEGINNING; THENCE Easterly along the arc of said curve through a central angle of 2°07'52" a distance of 68.63 feet to the Northerly line of Section 20; THENCE along said Northerly line South 88°37'03" East 777.74 feet; THENCE South 57°11'26" West 87.48 feet; THENCE North 87°36'07" West 195.00 feet; THENCE South 79°30'32" West 152.87 feet; THENCE South 84°52'55" West 95.00 feet; THENCE South 76°51'24" West 50.00 feet; THENCE South 83°15'25" West 61.00 feet; THENCE North 25°39'49" West 53.00 feet; THENCE North 88°18'06" West 62.00 feet; THENCE North 60°16'06" West 25.00 feet; THENCE South 78°55'24" West 117.37 feet to the Westerly line of said Section 20; THENCE along said Westerly line North 0°25'43" East 56.25 feet to the TRUE POINT OF BEGINNING; Containing 1.21 acres, more or Tess. 3 Gordon Edwards, P.L.S. 6678 License Expires 06-30-2014 Date: t 2''21 "2012. EXHIBIT "B" MURRIETA HOT SPRINGS ROAD / - N1 2421"W R pcC,W COR SECTION 20, T.7S.,R.2W. 50• 0.02;483.7"W5, 00'0218 75' WTr> fr) N ,NNS L=2'07'52" R=1845.00L=68.63' N88' 18'06"W 62.00' 4" S78'55 24 or yN��o N7 501u E �• w0 0 95.00 61.00 S84'52'55"W ,-' 15 25'W co 2 S88'37'03'E 777.74' COUNTY OF RIVERSIDE PARCEL 5001-0068 CITY OF TEMECULA INST. NO. 2000-006656 0.R. 521521 87 „E N79'30 22 TM 29353-1 N87'36'07"W 195.00' SHEET 1 OF 1 PUT PfdTAR D BY• ENGINEERS «,4 &*. arveyhp Pisnrtrg 6879 Airport Drive, Riverside, CA 92504 Tel:(951) 688-0241 • Fax:(951) 688-0599 SCALE: 1 "=150' JOB NO. 8356 12-21-2012 CLIENT: KB HOMES APPROVED BY: artgfri--- t-ciQ) GORDON D EDWARDS, PLS 6678 PLAT TO ACCOMPANY LEGAL DESCRIPTION VACATION OF SLOPE EASEMENT EXHIBIT "C" ADAR JE TA HOT SPMNOS ROAD 67.nrce-; Aft "0 ...I _1524L, 32▪ / .4:1141 rn.-6 rt — _ " 1("Trot) 51 I t . 33 32 _D222\'"u4- 7 31 - -4144 34 N. _Diu • lirel 9 1 4 op0 - = OPEN SPACE 870a a k L\ -7' <4,1' 69 4444 70 71 72 taS at H 37 103 orromott OASIK 3P,Da ' 36 _ Tr 28j ---- !! 27_12.12 75 78 77 78 26 no a LJ co.OW:fl 8, \ 96\-- a:\ \ 83 \ 84 x7 79 80 81 to 2J 00 - UP, gAt 041,2 P., Una. I —rot-79ot gnu I [ Ur .C40(115. 4uu • 0000 tau.. moans it. r.< ANN. r.e evo 1/..• Lius • sok 2,LRIZA. e2,111S-Ro.,71, tt-liolL.W,.2205(6 n Lyn, . 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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: County of Riverside 4080 Lemon Street, 12th Floor Riverside, CA 92501 Attn: County Counsel Contract No. 99-�a -oo FRivercirio rn T..s...."+_u__ DOC n 01/06/2000 00:00R F.e:NC Paps 1 of 17 Recorded in Official Records County of Rt ide Wry L. Orso Assessor, County Clerk i Recorder I fe"". "a"." n"n. _.. _...._---- . ..1.1. 1 .111 •1• .111"" II 5 u .ACI IC! 1) af .ccs 1 1 1 0e 1 1- ) LONG I WIND ] POO _j GRANT OF EASEMENT AND AGREEMENT AFFECTING REAL PROPERTY This GRANT OF EASEMENT AND A ("Agreement") is entered into this 5# M day BUTTERFIELD DEVELOPMENT COMPANY, and the COUNTY OF RIVERSIDE ("County"). R L GCalifornia AFFECTING REAL PROPERTY of ,R000 by and between IN , a corporation ("Butterfield"), RECITALS A. Butterfield is the owner of that certain real property in the City of Temecula, County of Riverside, State of California, located on the south side of' proposed Murrieta Hot Springs Road and legally described in the attached Exhibit "A" (the "Butterfield Property"). B. In connection with extending proposed Murrieta Hot Springs Road across a portion of the Butterfield Property in the approximate location depicted as Item No. 13 on the attached Exhibit "B" ("Murrieta Hot Springs Road"), the County has approved plans to construct, install, maintain, and repair certain road, water, sewer, storm drain, and other improvements (collectively "Road Improvements") within the northwesterly portion of the Butterfield Property, as more particularly described on the attached Exhibit "C" the ("Road Area"). Concurrently therewith, the County has approved plans to construct, install, maintain, and repair certain slopes, landscaping, irrigation, erosion control, and drainage devices (collectively "Slope Improvements") within certain portions of the Butterfield Property adjacent to the Road Area, as more particularly described on the attached Exhibit "D" (the "Slope Area"). The Road Improvements and the Slope Improvements are sometimes collectively referred to herein as the "Improvements." C. The Improvements are more particularly described in those certain street improvement plans prepared by Stevenson, Porto & Pierce, Inc., approved by the Riverside County Transportation Department on May 31, 1991, labelled A.D. No. 161, W.O. No. 68-8744, as amended, those certain water and sewer improvement plans prepared by Stevenson, Porto & Pierce, Inc., approved by the Riverside County Transportation Department on May 31, 1991 and Eastern Municipal Water District on December 21, 1990, labelled SA 34 & 43, W.O. No. 89-406, as amended, and those certain storm drain plans prepared by Stevenson, Porto & Pierce, Inc., approved by the Riverside County Flood Control District on December 6, 1990, W.O. No. 68-8644, as amended. Origin2'; 614/01565710062/3287491.3 .1022/99 JAN 4 acro 3.5 D. Butterfield is willing to offer to grant the County, subject to the terms and conditions set forth in this Agreement: (i) a Public Road Easement (as hereinafter defined) over the Road Area; (ii) a Slope Easement (as hereinafter defined) over the Slope Area; and (iii) a Temporary Construction Easement (as hereinafter defined) over certain portions of the Butterfield Property adjacent to the Slope Area, as more particularly described on the attached Exhibit "E" (the "TCE Area"). NOW, THEREFORE, the parties hereto agree as follows: 1. Grant of Easements. 1.1 Public Road Easement. Butterfield hereby grants to the County a permanent nonexclusive easement and right-of-way over the Road Area for the use, operation, maintenance, repair and replacement of' the Road Improvements for public road and drainage purposes, including public utility and public services purposes, and for any and all purposes necessary or convenient to the exercise by the County of said easement and right-of-way ("Public Road Easement"). 1.2 Slope Easement. Butterfield hereby grants to the County a permanent nonexclusive easement and right-of-way over the Slope Area for the use, operation, maintenance, repair and replacement of the Slope Improvements, and for any and all purposes necessary or convenient to the exercise by the County of said easement and right-of-way ("Slope Easement"). 1.3 Temporary Construction Easement. Butterfield hereby grants to the County a temporary nonexclusive easement and right-of-way over the TCE Area for the construction, installation, maintenance, and repair of the Improvements, together with ingress and egress to and from, and staging areas for, said activities, and for any and all purposes necessary or convenient to the exercise by the County of said easement and right-of-way ("Temporary Construction Easement"). This Temporary Construction Easement shall terminate upon acceptance by the County of the completed Improvements. 2. Reconfiguration and/or Relocation of Easements. In the event that the location of the easements herein granted is reconfigured and/or relocated, the parties shall reasonably cooperate in good faith to execute and cause the recordation of an amendment to this Agreement providing a new legal description reflecting said location as so modified. 3. Hazardous Materials. Butterfield represents and warrants that, to the best of its knowledge, the easements herein granted do not contain any hazardous materials, hazardous substances, or environmental contamination as set forth under applicable federal, state or local law. 4. Warranty of Ownership and Right to Grant. Butterfield represents and warrants that it is the owner of the Butterfield Property and that it has the right to grant the County the easements herein granted. 5. Indemnification. Butterfield shall be held harmless from all claims of third persons arising from the use by the County of the easements herein granted. 614ro15657-0062J7167491.3 .10/22/99 -2- General Provisions. 6.1 Notice. Any notice to be given hereunder shall be in writing and any such notice or other document to be delivered by either party to the other hereunder: (i) may be delivered in person to the person to whom or to whose attention notice is to be given as hereinafter provided, (ii) may be transmitted by telecopier to such person or to the attention of such person provided that a copy addressed to such person or to the attention of such person is concurrently delivered by another means authorized by this Section, (iii) may be deposited in the United States mail duly certified or registered, return receipt requested, with postage prepaid and addressed to such person or to the attention of such person, or (iv) may be delivered to Federal Express or other reputable overnight courier service, prepaid, addressed to such person or to the attention of such person. Notices shall be delivered to the attention of such person. Notices shall be delivered and/or telecopied to the parties at the respective addresses and telecopier numbers set forth below: If to Butterfield: With a copy to: If to County: Butterfield Development Company, Inc. 9172 Veronica Drive Huntington Beach, CA 92646 Attn: Ronald E. Beaman, President Pacific Summits Consultants, Ltd. P.M.B. #116 31566 Railroad Canyon Road Canyon Lake, CA 92587-9446 Attn: Wesley Hylen, President Facsimile: (909) 244-3590 County of Riverside 4080 Lemon Street, 12th Floor Riverside, CA 92501 Attn: County Counsel Facsimile: (909) 955-6363 Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. If any notice or other document is telecopied or given by personal delivery as aforesaid, such notice or other document shall be deemed served or delivered on the day of' such telecopy transmittal or personal delivery. If any notice or other document is document is deposited in the United States mail or delivered to Federal express or other reputable overnight courier service, the same shall be deemed served. or delivered on the date shown on the receipt therefore (or, if delivery is refused on the date so refused as shown on the receipt). 6.2 Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms of' provisions hereof. 6.3 Goveming Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 6.4 Time of the Essence: Successors and Assigns. Time is of the essence of each and every provision of this Agreement. Each and all of the covenants and conditions 61410156574))62/3287491.3 at0/22199 -3- of this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the parties hereto. 6.5 Attorneys' Fees. If any action shall be instituted between Butterfield and County in connection with this Agreement, the party prevailing in such action shall be entitled to recover from the other party all of its costs and action, including actual attorneys' fees and attorneys' costs. 6.6 Gender and Number. In this Agreement (unless the context required otherwise), the masculine, feminine and neuter genders and the singular and plural include one another, as appropriate. 6.7 Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior and contemporaneous agreements, representations, negotiations and understandings of the parties, oral or written, are hereby superseded and merged herein or therein. 6.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which when taken together shall be deemed an original and shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other party or parties to this Agreement attached thereto. 6.9 John and Several Liability. If Butterfield is comprised of one or more persons and/or entities, the liability hereunder of the persons and/or entities comprising Butterfield shall be joint and several. 6.10 Interpretations and Definitions. The parties hereto agree that each party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto or hereto. 6.11 Amendments. No change in or addition to this Agreement or any part hereof shall be valid unless in writing and signed by the parties hereto, stating that it changes or adds to this Agreement. 6.12 Exhibits. All exhibits attached hereto and referred to herein are expressly incorporated herein as though set forth at length. [end - signature page follows] 61410136$7-0062/3257491.3 x10/22/99 -4— 9'. t let0 0 m EOM IN WITNESS WHEREOF, the ofthe date first abovee wrtidte his Grant of Agreement Affecting Real Property as BUTTERFIELD DEVELOPMENT INC., a California corporation By: %en igfetreeion-- Its: Aesict-,4r Easement and COMPANY, —y -co GERALD A. MALONEY CLERK d the WARD OF SUPEPV'ISORS Canty d Rants4a. Stat) ot Catorna M Original 614g15637 -0067A237{91.3 a10(22199 Its: Yi to ��e,F. i.ocr COUNTY OF RIVERSIDE By By: lafr "Butterfield" :`*ROM Fit Its:CHAIRMAN BOARD OF SUPERVISOR, Its: "COUNTY" rORU APPRQVEL. COUNTY COUNSEL NOV 121999 -5_ JAN 4 2000 —5„5' ,V.T STATE OF CALIFORNIA ) ) ss. COUNTY OF Q ro nre✓ ) too+cary Pt.&blIc. On 1 Q - ,? G - AG , before me, WAN rn . 3rntxnr, , personalty appeared Ronald L• NanrnrLn - OcrT Tor- I Inc r . ph,I11� personally known to me (or proved to me on the basis of satisfdtory evidence) to be the person(s) whose name(s)-is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same infer/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. rooter 12X1431 Otago County a ycar.nrctesDecz9.2n2 [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF wary .kU 1 ' 13 ?An r uc On , before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that Net he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their Ssignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument Witness my hand and official seal. [SEAL] 614/015657-0062/3237491.3 .20/22/99 Notary Public -6- COUNTY OF On , before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. EMS [SEAL] STATE OF CALIFORNIA COUNTY OF Notary Public On , before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instnunent 'Witness my hand and official seal. [SEAL] 614/015657-006213287491.3 aIOR2/99 Notary Public -7- EXHIBIT "A" LEGAL DESCRIPTION OF BUTTERFIELD PROPERTY ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, AND DESCRIBED AS FOLLOWS: THE NORTH HALF OF THE NORTH HALF OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: A STRIP OF LAND 70 FEET WIDE IN THE NORTH HALF OF THE NORTH HALF OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 18, 1850, SAID STRIP OF LAND 70 FEET VIDE LYING 17.5 FEET SOUTHEASTERLY AND 52.5 kthl NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED SURVEY LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 20 DISTANT THEREON NORTH 88°36'09" WEST, 211.47 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 20, SAID POINT BEING ON A LINE WHICH IS PARALLEL WITH AND 17.5 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHWESTERLY LINE OF THE PERMANENT EASEMENT, 50 FEET WIDE, CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY DEED RECORDED MARCH 7, 1950, IN BOOK 2649, PAGE 317, OF OFFICIAL RECORDS, RIVERSIDE COUNTY RECORDS; THENCE CONTINUING ALONG A LINE PARALLEL WITH AND 17.5 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHWESTERLY LINE OF SAID PERMANENT EASEMENT THE FOLLOWING COURSES AND DISTANCES: SOUTH 20014'43" WEST, 664.24 FEET; SOUTH 12°34'14" WEST, 703.83 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH HALF OF THE NORTH HALF OF SECTION 20 DISTANT THEREON NORTH 83 °35'26" WEST, 581.31 FEET FROM THE SOUTHEAST CORNER OF THE SAID NORTH HALF OF THE NORTH HALF OF SECTION 20. THE SIDE LINES OF SAID ABOVE DESCRIBED 70 FOOT WIDE STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHERLY AND SOUTHERLY IN THE NORTH AND SOUTH LINES, RESPECTIVELY, OF THE SAID NORTH HALF OF THE NORTH HALF OF SECTION 20. EXHIBIT "A" TO AGREEMENT AFFECTING REAL PROPERTY 614/015657-0067/3287491.3 410/22/99 111111 IIIIII 111111 111111111111 1111111111 1111111111111 2080-896656 01/66/2 060 7I06R '!f. Pr . e4% • rry.r/ EXHIBIT •B" pEPICTION OF MURRIETA HOT SPRINGS ROAD N LL O W C/7 / / 'OH $331 -%\c:/ V 1. do Am A 1# 41. '00 30LS2{3AIH 40 At8OJIWA31 133111110141:1031.41/Nn , `, e 0\• \` 1 ` �'t \O �.\ 1 OAT@ AUG. 10, 1999 0 0 a tz S t ai rt i • EXHIBIT ^B^ TO AGREEMENT AFFECTING REAL PROPERTY Page 1 of 2 11113111111 111 IIIIII 1111 MINI VIII 111 IIII 913686 9989 8 76698 t1 elf 1117 Niki l H I'88R ,_;,,•_'11 of 17 ' (101 N0. NCR ASSESSOR 110. RIGHT OF YAT CEOICArioN ' Q O • inst. HNC. 10,95E. INC. 957-030-01 957-030-13 01ST. NO. 101808 3-3012 INST. 140. 107100 3-30-12 0 VERONICA MAIM 151.030-01 Par. NO. 1071011. 3-3012 O O 0 PULTE ICIE cORP. POLTE 1101E CORP. NUE IDE COIF. 957-030.05 957-030-03 957-030-01 INST. N0. 107808 3-30-92 INST. NO. 107808 3-3042 INST. No. 107808 3-3012 0 O PULTE NOTE CORP. PULTE ISE CORP. 957-020-02 957-020-01 Mr. NO. 707808 3-3012 INSr. N0. 107808 3-3012 O 0 11 At VENfliRES RL VENTURES RL VENTURES 9S7 -020-0I 957-020-11 157-020-14 !NSF. 184903 6-3-9I INS T..1114903 6-3-91 1NSr. 184903 6-3-91 POLTE NOTE COW. 337-033-02 13 ROPIPAIIGH RANCHES 257-340-001 . . 3050 Mona Arena =LIZ 9110/ 110,1 711-0107 OWNERSHIP EXHIBIT SCA Li:Ihili 1 OATEIAU6 1O ]999 mi*..�.w.11 ! RIGHT OF WAY DEDICATION RORIPAUGH RANCHES North One Half of the North One Half of Section 20 T. 7 S., R. 2 W. S.B.B.M. PARCEL 5007-006A EXHIBIT "G" A portion of the North One Half of the North One Half of Section 20, Township 7 South, Range 2 West, San Bernardino Base and Meridian, more particularly described as follows: BEGINNING at the Northwest corner of said Section 20 as shown on Record of Survey filed in Book 87, Pages 28 through 34 inclusive of Surveys, Records of said County. THENCE along the Northerly line of said Section 20, South 88°37'03" East 6632 feet, to the cusp of a non -tangent 1845.00 foot radius curve, concave Southerly a radial bears North 13°24'21" West; THENCE Southwesterly along the arc of said curve, through a central angle of 2°07'52", a distance of 68.63 feet to the Westerly line of said Section 20; THENCE along said Westerly line, North 0025'43" East 18.75 feet to the POINT OF BEGINNING. Containing 0.01 acres, more or less. Robert A. Stockton R.C.E. 33591 License Expires 630-2002 Date: 9 /• 99 U13108Vegahn°ryat;1 I RIVi::,alD , SUS+' EYOR. BV. I_ _ ! DAT'E: _!' ar's9 S' J11111111111111111111111 11111111111II1111111II11111 2909-006656 O1/06/2600 081000+ 11 of 17 PM 154/976-103 RIGHT OF WAY MURRIETA U% HOT SPRINGS ROAD PER TRACT 25619.1 MB 221/63-74 mosmassmommOmmOmMOSOMMWPOSOmmimonim 19 52 \_ N13'24'21'111 RAD D� 2 g5.0 LI. NORTH 1/2 OF THE NORTH 1/2 Or SECTION 20 TOWNSHIP 7 SOUTH; RANGE 2 WE ST SALBJMJ 3Ac LOT 'E' PM 76/83-84 No. DIRECTION— DISTANCE- --------------------- Lt N 0.25'43" E 18.75' (5 R , 1 INN "'�� CON Y I o rNER, RORIPAUGH RANCHES EN11vr.Gl�u`ns TAMU 957-340-001 1:6110.1 lap AVId * EXHIBIT B' RIGHT OF WAY DEDICATION ^si 1'=40' SLOPE EASEMENT RORIPAUGH RANCHES North One Half of the North One Half of Section 20 T. 7 S., R. 2 W. S.B.B.M. PARCEL 500 1-006B EXHIBIT "D" A portion of the North One Half of the North One Half of Section 20, Township 7 South Range 2 West, San Bernardino Base and Meridian, more particularly described as follows: COMMENCING at the Northwest comer of said Section 20 as shown on Record of Survey filed in Book 87, Pages 28 through 34 inclusive of Surveys, Records of said County. THENCE along the Westerly line of said Section 20, South 0°25'43" West 18.75 feet to the beginning of a non -tangent 1845.00 foot radius curve concave Southerly, a radial bears North 15°32'13 West, said point being the TRUE POINT OF BEGINNING ; THENCE Easterly along the arc of said curve through a central angle of 2°07'52" a distance of 68.63 feet to the Northerly line of Section 20; THENCE along said Northerly line South 88°3703" East 777.74 feet; THENCE South 57°1176" West 87.48 feet; THENCE North 87°36'07" West 195.00 feet; THENCE South 79°30'22" West 152.87 feet; THENCE South 84°52'55" West 95.00 feet; THENCE South 76°51'24" West 50.00 feet; THENCE South 83°15'25" West 61.00 feet; THENCE North 25°39'49" West 53.00 feet; THENCE North 88°18'06" 'West 62.00 feet; THENCE North 60° 16'06" West 25.00 feet; THENCE South 78°55'24" 'West 117.37 feet to the Westerly line of said Section 20; THENCE along said Westerly line North 0°25143" East 56.25 feet to the TRUE POINT OF BEGINNING; Containing 1.21 acres, more or less. Robert A. Stockton R.C.E. 33591 License Expires 6-30-2002 Date: ASO •t' tJ�' 171310SVegala\rorpalgl 1111111111111111111111111111111111111111111111111111111 -rL • nocUMENT RREVUWEDB DA1 2808-096656 01/06/211131389 'GOA 13 of 17 Iv) \Wn°CUMENTREVUWEDF _ rdJ -' E' JN1Y URVEY( . 1 3Y' RIGHT OF WAY MURRIETA HOT SPRINGS ROAD PER j DAIS: o� 7 °1 TRACT 25619-1 MB 221/63-74 y � 1 N Q PROPOSED MURRIETA HOT SPRINGS RD. - POC 1 - 18 I L70e' L9 1920 C1415.55.24'E L6 11131' N. N15'3211311V RAD J O co ro co cc 0 —J N88'37'0371 777.74' 1,119'30122S N81'36'011 195.00' 152.81 No. L2 L4 DIRECTION DISTANCE 11 N 57'11'26" E L2 N 84.52'55" E L3 N 76'51'24" E L4 N 83'15'25" L5 N 25'39'49" /Y L6 N 88.18'06" W L7 N 60.16'06" W L8 N 0.25'43" E L9 N 0'25'43" E 87.48' 95.00' 50.00' 61.00' 53.00' 62.00' 25.00' 56.25' 18.75' No. DELTA RADIUS LENGTH C1 2.07'52" 1845.00' 68.63' / NORTH 1/2 OF THE NORTH 1/2 OF' sEcTIoN zo TOWNSHIP 7 SOUTH, RANGE 2 WEST S,B,H,M, ree.,b 2' co No. C033591 Exp. 6-30-0 MOM 3050 Chloogo Avenue Surf* 100 Rive'.las, California 92507 • OWNER' RORIPAUGH RANCHES APNi957-340-001 (909) 702-0707 EXHIBIT 13' SLOPE EASEMENT SCALE:1'=100' 1 DATE:JUNE 23. 1999 TEMPORARY CONSTRUCTION EASEMENT RORIPAUGH RANCHES North One Half of the North Otte Half of Section 20 T. 7 S., R. 2 W. S.B.B.M. PARCEL 5001-006C EXHIBIT "E" A portion of the North One Half of tate North One Half of Section 20, Township 7 South Range 2 West, San Bernardino Base and Meridian, more particularly described as follows: COMMENCING at the Northwest corner of said Section 20 as shown on Record of Survey filed in Book 87, Pages 28 through 34 inclusive of Surveys. Records. of said County. THENCE along the Westerly line of said Section 20. South 0°25'43" West 75.00 feet to the TRUE POINT OF BEGINNING: THENCE North 78°55'24" East 117.37 feet; THENCE South 60016'06" East 25.00 feet; THENCE South 88°18'06" East 62.00 feet; THENCE South 25°39'49" East 53.00 feet; THENCE North 83°15'25" East 61.00 feet; THENCE North 76°51'24" East 50.00 feet; THENCE North 84°52'55" East 95.00 feet; THENCE North 79°3022" East 152.87 feet; THENCE South 87°36'07" East 195.00 feet; THENCE North 57°11'26" East 87.48 feet to the Northerly line of said Section 20: THENCE along said Northerly line South 88°37'03" East 44.49 feet: THENCE South 57°11'26" West 132.21 feet; THENCE North 87°36'07" West 200.11 feet; THENCE South 79°30'22" West 151.22 feet; THENCE South 84°52'55" West 94.42 feet: THENCE South 76°51'24" West 49.64 feet; THENCE South 83° 15'25" West 80.26 feet: THENCE North 25°39'49" \Vest 55.65 feet; THENCE North 88°18'06" \Vest 53.03 feet; THENCE North 60°16'06" \Vest 21.94 feet: THENCE South 78°50'10" West 113.19 feet to the Westerly line of said Section 20: THENCE along said Westerly line North 0°25'43" East 25.69 feet to the TRUE POINT OF BEGINNING. Containing 0.53 acres. more or less. Robert A. Stockton R.C.E. 33591 License Expires 6-30-2002 Date: /p for r I } I O$\legals .pal 1111111111111111111H 111111 III 111111111111111110111 e t se. °BBB ee see 1! .f 17 0 1 0, itr 11) a, POC IS 19 L14 1 1 1 1 idJE �EIY •'NJ'I9 !;ico L'c . RIGHT OF WAY MURRIETA HOT SPRINGS ROAD PER TRACT 25619-1 MIB 221/63-74 ---------- 1r - - - MI 0 NO N N"" -"N" N -N N". N" 0 ME 0 MN"="MN N r"M. "S M. a " m" m Oa 0IMO "-"-"-"MN"-" ". " 1 " I"M"-"O"- " MO 0 MB" to ▪ M Wro ▪ CO t,r 0 CL L5 No. L3 DIRECTION DISTANCE Li L2 13 L4 L5 L7 1.8 L9 L10 L11 L12 L13 114 N 84652'55" E N 76.51'24" E 1 M N 283,15'26" '39'49" W N 88.18'06" w N 60.16'06" W N 57011'26" /N N 84.52'55" E N 76.51'24" E N 83'15'25" E N 25.39'49" W N 88.18'06" W N 60'16'06" W N 0.25'43" E 94.42' 49.64' 80.26' 55.65' 53.03' 21.94' 87.48' 95.00' 50.00' 61.00' 53.00' 62.00' 25.00' 75.00' 3050 Chicago Avenue Suite 100 RtvK1101. 011,0,1110 12507 11091 7$2.0707 108\10801940A0 111955022' N87'36'0711200.11' NORTH 1/2 OF THE NORTH 1/2 OF SECTION 20 TOWNSHIP 7 SOUTH; RANGE 2 WEST SAL M. 4').list ZZ. 2' 3a 115 25.69 L16 6 88.37'03" E 44.49 N 0'25'43" E MEN RORIPAUGH RANCHES AP* 957-340-001 EXHIBIT 'B' TEMPORARY CONST. EASEMENT / SCALE! y:190/ 1 DATE:JUNE 23,1999 PIP PLOT DATE' 12 -OCT -1999 a 13106 MEM Mai 1 MIMS MIN 141RRI ETA HOT " HUR RIET r_ kAr of /SITE !I, S:2-m, In Is— ti I in i + I 0 I 5 \ !\$ 1. f ins p,. S `11 l • '31 ; \l J p,' i of � QQ I 1 .p:2 �,, JONS 8, PL GITLI�H9UM+ER PD FI J A 1 SITE: Muniorn Hol Springs Rd R Josoph, Murdoln, 92563, Pogo R Grid 929 06 13 d�yo F Rot 9 44 P� \4d LAND MP/ COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY December 6, 2012 Transportation Department City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Attn: Steve Charette ,l ern C. fere_, 1)ireeror qJ 7izmspur•rurinu RECEIVED DEC 1 l_ 2012 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT RE: Vacation of Slope Easement near Murrieta Hot Springs Road and Red Bridge Road in the City of Temecula Dear Mr. Charette: This letter is in response to your inquiry about the County's future need of an existing slope easement within the City of Temecula near Murrieta Hot Springs Road and Red Bridge Road. The County Transportation Department does not object to the vacation of the slope easement. The road has been constructed to its ultimate width and topography changes have eliminated the need for the easement. The easement was recorded as Instrument Number 2000-006656 on January 5, 2000 and executed as contract 99-12-006 between Butterfield Development Company and the County of Riverside for Assessment District 161 Work Order Number 68-8744. The slope easement is described and shown in the document as exhibit D followed with exhibit B of the Grant of Easement and Agreement, attachment 1. The easement was acquired to construct slopes for the improvements as shown on plans for Murrieta Hot Springs Road per County plan file 961-M on sheet 8 of 31 from station 99+50 to 111+00, attachment 2. Per the General plan of Circulation, Murrieta Hot Springs Road is classified as an Arterial Highway. This section requires 2 lanes and an 8' shoulder in each direction with a raised landscaped median which is what was constructed and is what exists today. We hope this addresses the request and provides additional information for you. If there are questions or comments, please contact Alan French at 951-955-3152. -1080 Lemon Street. 8''' Floor • Riverside. CA 92501 • (951) 955-674)) I'.O. Box 109(1• Riverside_ CA 92502-1090 • FAX (951) 955-3198 Vacation of Slope Easement for Murrieta Hot Springs Road December 6, 2012 Page 2 of 2 Sincerely, Patricia Romo, P.E. Deputy Director, Transportation Department Enclosures PR: yc cc: Farah Khorashadi, Riverside County Transportation Item No. 10 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 22, 2013 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Pavement Rehabilitation Program, PW10-15, Rancho Vista Road (Margarita to Paseo Goleta) PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer- CIP RECOMMENDATION: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program, PW10-15, Rancho Vista Road (Margarita to Paseo Goleta); 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Years 2011-2012 and 2012-2013, the City Council approved appropriations to support a Citywide Pavement Rehabilitation Program that would implement the recommended maintenance activities identified in the previously completed Pavement Management System (PMS). The PMS prioritized the areas in need of repairs and identified the recommended method for these repairs. In 2010, using the PMS, staff selected several locations throughout the City based on its ranking on the PMS report, economy of scale and the available budget. Rancho Vista Road (Margarita Road to Paseo Goleta) was among several segments of roads slated for rehabilitation. Some of these segments, such as Margarita Road (Rancho California to Winchester) and Winchester Road (Margarita to Nicolas) have been completed. Plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the office of the Director of Public Works. Due to the project proximity to Temecula Valley High School, construction will be scheduled to start the first work day of summer break, June 3, 2013 when school is not in session with a planned completion date in August 2013. This project is exempt from the CEQA requirements per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways and streets are Class 1 activities, which is exempt from CEQA. The Engineer's construction estimate for the project is $1,190,600. FISCAL IMPACT: The Citywide Pavement Rehabilitation Program is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2013-2017 and is funded with Measure A and Capital Projects Reserves. Adequate funds are available in the project accounts to construct this project. ATTACHMENTS: 1. Project Description 2. Location Map — Rancho Vista Road 2016-17 CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects has been developed. Installations are completed on an ongoing basis. Department: Public Works—Account No. 210.165.655 Level: I Project Cost: Actuals to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost Administration $ 465,726 $ 500,000 $ 260,000 $ 260,000 $ 260,000 $ 260,000 $ 2,005,726 Construction $ 3,639,829 $ 8,200,875 $ 4,360,000 $4,360,000 $ 4,160,000 $ 4,360,000 $ 29,080,704 Construction $3,676,614 $5,737,130 $ 897,711 $ 900,048 $ 901,976 $ 903,470 $13,016,949 Engineering $ 33,759 $ 200,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 833,759 Design $ 363,426 $ 220,000 $ 30,000 $ 30,000 $ 230,000 $ 30,000 $ - $ 903,426 Totals $4,502,740 $9.120,875 $ 4,800,000 $ 4,800,000 $ 4,800.000 $ 4,800,000 $ - $ 32, 823,615 Actuals Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost Capital Project Reserves $ 826,126 $3,383,745 $3,902,289 $ 8,112,160 Measure A $3,676,614 $5,737,130 $ 897,711 $ 900,048 $ 901,976 $ 903,470 $13,016,949 Unspecified* $3,899,952 S 3,898,024 $3,896,530 $11,694,506 Total Funding: $4,502,740 $9,120,875 $4,800,000 84,800,000 $ 4,800,000 $4,800,000 $ - $32,823,615 Future Operation & Maintenance Costs: 2012-13 2013-14 2014-15 2015-16 'Project cannot be constructed until a funding source is identified. 63 11II•r1Tr) 1JI: _ T ME LLA I rmI!i i . ‘1, 117NyjHnll+r� 0 Location Map -Rancho Vista Road 700 1400 2100 ft. Map center: 6298293, 2128113 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend - City Streets Parcels Scale: 1:7,389 Item No. 11 ORDINANCE NO. 13-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 18 (GRADING, EROSION AND SEDIMENT CONTROL) OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD A NEW TITLE 18 ENTITLED "CONSTRUCTION, GRADING AND ENCROACHMENT" TO MAKE CONSISTENT WITH THE 2010 CALIFORNIA BUILDING CODE AND TO MAKE OTHER MINOR RE - ORGANIZATIONAL REVISIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On May 11, 2004, City Ordinance No. 04-04, pertaining to grading, erosion and sediment control, was adopted. This Ordinance amended the Temecula Municipal Code by adding Title 18 entitled "Grading, Erosion and Sediment Control" and authorizing the Director of Public Works/City Engineer to prepare a grading manual setting forth the administrative procedures and technical requirements necessary to implement the Ordinance. Section 2. On August 26, 2008, City Ordinance No. 08-09, pertaining to grading, erosion and sediment control, was adopted. This Ordinance amended portions of Title 18 of the Temecula Municipal Code for grading, erosion and sediment control to provide consistency with the adoption of the 2007 Edition of the California Building Code (including Appendix J) and to make other minor clarifications and corrections. Section 3. It is now desirable to further amend Title 18 in its entirety. The purpose of this amendment is to re -organize and modify its form for simplification, to provide construction, grading (including borrow sites/stockpiling, land clearing, erosion and sediment control, etc.) and encroachment requirements for both onsite (private) development and public rights-of-way improvements, to make it consistent with the 2010 Edition of the California Building Code (including Appendix J) and to make other minor clarifications and corrections. Section 4. Title 18 entitled "Grading, Erosion and Sediment Control" of the Temecula Municipal Code is hereby amended in its entirety and replaced with an improved, re -organized Title 18 entitled "Construction, Grading and Encroachment" to read as follows: Ords 13-01 1 CITY OF TEMECULA TITLE 18 CONSTRUCTION, GRADING AND ENCROACHMENT ORDINANCE Chapter 18.01 GENERAL PROVISIONS Sections: 18.01.020 Title 18.01.040 Engineering and Construction Manual 18.01.060 Purpose 18.01.080 Scope 18.01.020 Title The ordinance codified in these chapters shall be known as the "City of Temecula Construction, Grading and Encroachment Title" and will be referred to herein as "this title." 18.01.040 Engineering and Construction Manual The City Engineer shall formulate a manual setting forth the administrative procedures and technical requirements necessary to implement the provisions of this title. Such rules, procedures and requirements shall be entitled "The City of Temecula Engineering and Construction Manual for Administrative and Technical Procedures for Construction, Grading and Encroachment" ("Engineering and Construction Manual"). The City Engineer shall have the authority to change, update or revise the Engineering and Construction Manual, as necessary, in order to implement the provisions of this title and all revisions, thereto, arising from time to time. In the event of any conflict between the Engineering and Construction Manual and this title, the more restrictive provisions shall govern. The provisions of the Engineering and Construction Manual shall, to the extent they are made conditions of a permit by the City Engineer, be binding upon the permittee and those claiming under said permittee. 18.01.060 Purpose This title is enacted for the purpose of regulating construction, grading and encroachment activity in both onsite (private) development and public rights-of-way within the city limits of the City to safeguard life, limb, health, property and public welfare; to avoid discharges of pollutants such as sediment, hazardous materials, wastes and debris from entering public or private storm water conveyance facilities and surface waters; to ensure that the intended use of a construction site or a graded site within the city limits is consistent with the City's General Plan, any specific plans adopted thereto and all applicable City ordinances and zoning regulations; and to ensure that all construction or non -construction related activities encroaching into public rights-of-way Ords 13-01 2 are conducted per all applicable City standards and ordinances, engineering standards and this title. 18.01.080 Scope This title sets forth rules and regulations, which reflect the minimum acceptable methods or actions to control land disturbances, landfill, soil storage, pollution, erosion and sedimentation resulting from construction, grading (including land clearing activities, excavation, etc.) and encroachment activities. This title establishes procedures for application, issuance, administration and enforcement of permits for such activities. Any such construction, grading and encroachment activities within limits of the City shall conform to the provisions of this title and the Engineering and Construction Manual and other applicable provisions of this code and the California Building Code, as adopted and amended by the City, together with all other conditions of approval. In the event that a particular topic is not covered in either this title or the Engineering and Construction Manual, the applicable provisions of this code or the California Building Code, as adopted and amended by the City, shall govern. If a conflict arises between this code or the California Building Code, the more restrictive provision shall govern, unless otherwise approved by the City Engineer. Chapter 18.03 DEFINITIONS OF TERMS & ABBREVIATIONS Sections: 18.03.020 Definitions of Terms 18.03.040 Abbreviations 18.03.020 Definitions of Terms Whenever, in this title and the Engineering and Construction Manual, or in any resolution or standard adopted by city council pursuant to this title, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent that some other meaning is intended: "Accessibility" is the combination of various elements in a building, facility, site or area, or portion thereof which allows access, circulation and the full use of the building and facilities by persons with disabilities in conformance with the Chapter 11B of the California Building Code. "Accessible Route of Travel" means the continuous unobstructed path connecting all accessible elements and spaces in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by persons with other disabilities, and that also is consistent with the definition of "Path of Travel" in this section. Interior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, sidewalks, ramps and lifts. An accessible route does not include stairs, steps or escalators. Ords 13-01 3 "Administrative Clearing Permit" means a type of grading permit that authorizes the clearing, brushing or grubbing of a portion of land beyond that scope exempted from the permit process by this title. "Applicant" means any person, corporation, partnership association of any type, public agency or any other legal entity, who submits an application for a permit pursuant to this title. "Approval" means that the proposed work or completed work conforms to the requirements of this title, in the opinion of the City Engineer. "As -Graded" means the site configuration upon completion of grading. This includes all horizontal and vertical dimensions and relationships and all physical features installed, reconstructed, eliminated or altered by the grading operations, as shown on the record drawings prepared by the engineer of work. "ASTM Standards" means the American Society for Testing Materials, which develops standardized test methods, specifications, practices, guides, classifications and terminology in such subject areas as metals, paints, construction, consumer products and many others. "Base" means a layer of specified material of planned thickness placed immediately below the pavement or surfacing. "Bedrock" means in-place solid rock. "Bench" means a relatively level step excavated into soil materials on which fill is to be placed. "Best Management Practices (BMP's)" means the management practices, operating procedures and devices implemented to prevent or reduce the discharge of pollutants, directly or indirectly, to public or private storm water conveyance systems. "Borrow" means soil material acquired from an off-site location for use in grading on a site. "Buttress Fill" means an engineered fill designed to stabilize an adverse geologic condition (landslide, adverse bedding, etc.). "Certify" or "Certification" means a signed written statement that the specific inspections and/or tests required to be performed on real property have been performed and that the works comply with the applicable requirements of this chapter, the plans and the permit. "City Engineer" means the City Engineer of the City of Temecula or his or her duly delegated representative. "Civil Engineer" means a professional engineer registered in the State of California to practice in the field of civil engineering. "Clearing, Brushing and Grubbing" means the removal or disturbance of vegetation (grass, brush, trees and similar plant types), weed abatement, manmade structures, environmentally sensitive species and habitats, rocks, archaeological artifacts and sites, or other environmentally sensitive features by any means for purposes of development or compliance with laws, rules or regulations. For purposes of this chapter, references to "clearing" shall mean clearing, brushing and grubbing individually and separately. Ords 13-01 4 "Compaction" means the densification of a fill by mechanical or other acceptable means. "Construction Site" means any project requiring a local grading, haul route, encroachment or building permit, including projects requiring coverage under the General Construction Permit. "Contour Grading" means grading that creates or results in land surfaces that reflect the pre -graded natural terrain or that simulate natural terrain (i.e., rounded, non -planer surfaces and rounded, non -angular intersections between surfaces). "Crib Wall" means a crib type wall as described in the most recent publication of "Standard Plans," Department of Transportation, State of California. "Cross -Lot Drainage" means any drainage course created through grading or excavation that crosses on to another lot, either within or outside the subdivision or construction site. "Curb Ramp" means a sloping pedestrian way, intended for pedestrian traffic, which provides access between a walk or sidewalk to a surface located above or below an adjacent curb face. "Cut" see definition for "Excavation." "Dry Season" means May 1st through September 30th of each year. "Engineer of Record" means the professional engineer (holding a current registration in the state of California), who supervised the design and signed the construction/grading plan accepted by the City Engineer. "Erosion" means the wearing away of the ground surface as a result of the movement of wind, water or ice. "Erosion and Sediment Control (ESC) Plan" is a plan prepared under the direction of and signed by a civil engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control methods. Said plan shall be submitted to the City and shall provide for protection of exposed soils and desiltation of runoff at frequent intervals prior to discharging from a site or to storm water conveyance systems (natural watercourses, streets, flow -lines, inlets, outlets, etc.). "Erosion and Sediment Control (ESC) System" means combination of erosion and sediment controls (including effective planting and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural features, archaeological artifacts and to relieve waters of suspended sediments or debris prior to discharge from the site. "Erosion Control" means anything that keeps soil in place. "Excavation" or "Cut" means an act by which soil, sand, gravel or rock is cut into, dug, quarried, uncovered, removed or relocated, and shall include the conditions resulting there from. "Expansive Soils" means any soil with an expansion index greater than 20, as determined by the Expansive Index Tests of the California Building Code. Ords 13-01 5 "Fault" means a fracture in the earth's crust along which movement has occurred. A fault, as defined by the California Division of Mines and Geology, is considered active if the movement has occurred within the last 11,000 years (Holocene geologic time). "Fill" means a deposit of soil, sand, gravel, rock or other material placed by artificial means. "Flow -line" means v -ditches, brow -ditches, terrace drains, ribbon gutters, curb gutters, etc. "Fugitive Dust" means the particulate matter entrained in the ambient air as a result of man-made fugitive dust sources, as determined by South Coast Air Quality Management District (SCAQMD) Rule 403. "General Construction Permit (GCP)" means the permit issued by the SWRCB to regulate discharges from construction activity. "Geohydrology" means all groundwater information, water -well usage rate requirement, seepage elevations, pollution evaluations, projected usage rate considerations, evaluations of impact on existing and future users, and long term projections appropriate to site development. "Geologic Hazard" means any geologic feature capable of producing structural damage or physical injury. Geologic hazards include: A. Landslides and potential slope instabilities resulting from bedding faults, weak clay stone beds and over steepened slopes. B. Deposits potentially subject to liquefaction, seismically induced settlement, severe ground shaking, surface rupture, debris flows or rock falls resulting from fault activity. C. Deposits subject to seepage conditions or high -ground water table. "Geotechnical Engineering Report" means a geotechnical report prepared under the responsible supervision of a geotechnical engineer and approved by the City Engineer, which includes: A. Preliminary information concerning engineering properties of soil and rock on a site (prior to grading), present, historical, and future groundwater levels, analysis for both gross and surficial slope stability, fill settlement, liquefaction potential, alluvium deposits, describing locations of these materials and providing recommendations for preparation of the site for its intended use. B. A grading report, which includes information on site preparation, compaction of fills placed, and provides recommendations for structural design and approval of the site for its intended use. "Grade" means the vertical elevation of the ground surface. Grade may refer to the following: A. "Existing grade" means the grade prior to grading. B. "Finish grade" means the final grade of the site, which conforms precisely to the City -approved plans, approved construction changes or record drawings. C. "Natural grade/ground" means the ground surface unaltered by artificial means. Ords 13-01 6 D. "Rough grade" means the stage at which the work is in to precise conformance with the approved plan and when all excavations for drainage structures and retaining walls are complete. "Grading" means any process of excavation or filling or combination thereof. "Greenbook Standards" means the most recent publication of the Standard Specifications for Public Works Construction, which provides specifications that have general applicability to public works projects. "Hillside Site" means a site where the existing grade is 20% or greater and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property. "Key" means a compacted fill placed in a trench excavated in earth material beneath the toe of a slope. "Keyway" means an excavated trench into competent earth material beneath the toe of the proposed fill slope. "Landslide" means a perceptible down slope movement of rock, soil or artificial fill ranging in speed from moderately slow (slump) to very rapid (avalanche). "Mass Grading Permit" means a grading permit that is issued on the basis of approved plans that show, on a larger scale, an area to be graded; this grading (prior to rough grading) shall be shown within two feet (vertical) of the site's final elevations. "Maximum Extent Practicable (MEP)" means the standard established by Congress in the Clean Waters Act that operators of MS4 permits must meet. To achieve the MEP standard, Best Management Practices must be implemented that are technically feasible (are likely to be effective) in combination with treatment methods serving as a backup. "Mined Lands" include the surface, subsurface and groundwaters of an area in which surface mining operations will be, are being, or have been conducted. This includes private ways and roads appurtenant to any such area, land excavations, mining waste and areas in which structures, facilities, equipment, machines, tools, or other related materials or property are located. "Municipal Separate Storm Sewer System (MS4) Permit" means the certification/regulation requirements that the City must meet to allow storm water discharges into the Waters of the State. "Natural Terrain" means the lay of the land, prior to any grading or other artificial landform modification. "National Pollutant Discharge Elimination System (NPDES)" means the permitting and program requirements established by the Federal Clean Water Act and administered by the Environmental Protection Agency to regulate the discharge of pollutants to waters of the United States. "Owner" means a person, who owns a site upon which is located grading, clearing, mining, quarrying and/or commercial extraction operations that are being conducted or may be conducted. Ords 13-01 7 "Path of Travel" means a passage that may consist of walks and sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, other improved areas or a necessary combination thereof, that provides free and unobstructed access to and egress from a particular area or location for pedestrians and/or wheelchair users. A "path of travel" includes a continuous, unobstructed way of pedestrian passage by means of exited, and which connects a particular area with an exterior approach (including sidewalks, streets and parking areas), an entrance to the facility and other parts of the facility. In existing buildings, when alterations, structural repairs or additions are made, the term "path of travel" also includes the sanitary facilities, telephones, drinking fountains and signs serving the altered area. "Permit" means the authorization issued pursuant to this title, together with the application for the same, the conditions upon which it was issued, and any plans, specifications, reports, and approved modifications thereto. "Permittee" means any person, property owner, contractor or authorized agent to whom a permit is issued pursuant to this title. "Person" means any individual, firm, association, corporation, organization, partnership or any city, county, district, the State or any department or agency thereof. (14 Cal. Code of Regulations, Sec. 3501) "Pollutant" means any agent that may cause or contribute to the degradation of water quality. The term may include, but is not limited to, dredged spoil, rock, sand, silt, solid and liquid waste, oil, fuels, construction related materials, debris and other contaminates. "Precise Conformance", for purposes of this title, means: A. Pad elevations within plus or minus four -tenths (0.4) of a foot of planned elevation or approved construction change; B. Street subgrade within plus or minus four hundredths (0.04) of a foot of planned elevation or approved construction change; C. Slope grades within plus or minus one-half foot (0.5') of planned elevation or approved construction change; D. Rock slopes (rip -rap armoring) and horizontal locations within two feet of planned elevation and location or approved construction change; E. Drainage gradient to within two-tenths (0.2) of one percent of planned slope or approved construction change; F. Structures within the tolerances specified in the latest adopted version of the "Standard Specifications for Public Works Construction" (GreenBook). "Precise Grading Permit" means a grading permit that is issued on the basis of approved plans that show the precise locations of structures, finished elevations, drainage details and all on-site improvements on a given property. "Priority Development Protects" means new development and redevelopment projects, as indicated in the City's MS4 permit requirements. Ords 13-01 8 "Private Roads" means roads that have been dedicated to the public, but not accepted for public use or that have been retained as "private" for private use by the owners or may simply be a road created by private use or easement. "Quarrying"' means the process of removing or extracting stone, rock or similar materials from an open excavation for financial gain. "Rainy Season" means October 1st through April 30th of the next calendar year. "Record Drawings/As-Builts" means plans prepared by the engineer of work subsequent to the completion of all work on the approved plans and approved changes, thereon depicting the as -graded condition. "Regional Water Quality Control Board" (RWQCB) means the State's regional regulatory agency responsible for protecting waters of the State. There are nine regional boards throughout the state. "Retaining Wall" means a wall designed to resist the lateral displacement of soil or other materials. "Rough Grading Permit" means a grading permit that is issued on the basis of approved plans that show finished elevations, interim building pad elevations and drainage. "Sediment Control" means anything that captures soil particles after being displaced. "Site" means the real property on which activities subject to this title may occur. "Slope" means an inclined ground surface of fill, excavation or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Slope Revegetation" means the planting of graded slopes with native and/or naturalizing plant species, which, after an initial establishment period, usually requiring irrigation, will survive with normal precipitation. "Slope Stability" shall be defined as follows: A. "Gross stability" means the factor of safety against failure of slope material located below a surface approximately three to four feet deep, measured from and perpendicular to the slope face. B. "Surficial stability" means the factor of safety against failure of the outer three to four feet of slope material measured from and perpendicular to the slope face. "Soil" means any rock, natural soil or fill, and/or any combination thereof. "South Coast Air Quality Management District" (SCAQMD) means the regulatory authority for all or portions of Los Angeles, Orange, San Bernardino and Riverside Counties that oversees air pollution emissions from stationary sources, including fugitive dust sources generated by construction activity. "State Water Resources Control Board" (SWRCB) means the regulatory authority that develops statewide water protection policies, establishes water quality standards and guides the nine Regional Water Quality Control Boards throughout the state. "Stockpile" means a temporary uncompacted fill or embankment placed by artificial means, which is designated or intended to be moved, or relocated at a later date. Ords 13-01 9 "Stop Work Order" means an order issued by a City official, who requires that specific activity or all activity on a work site be stopped. "Storm Water" means surface runoff and drainage associated with storm events. "Storm Water Conveyance System" means any natural watercourses, curbs, gutters, streets, flow -Tines, inlets, outlets, etc., either public or private, leading to waters of the State. "Storm Water Pollution Prevention Plan" (SWPPP) means a document, which meets the requirements set in the State's NPDES General permits for Construction and Industrial activities. The SWPPP must describe the BMP's to be implemented to meet the requirements of the General Permits and this title. "Sub -base" means a layer of specified material of planned thickness between a base and the subgrade. "Sub -grade" means the soil prepared to support structures, or that portion of the roadbed on which pavement, surfacing, base or sub -base, or layer of other material is placed. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. "Topsoil" means soil, which is within the uppermost horizon of a soil profile, and which contains organic matter, nutrients and microorganisms necessary for plant growth. "Ultimate Right -of -Way" means the right-of-way shown, as ultimate, on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, or a recorded parcel map. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the Ultimate Right -of -Way shall be considered to be the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the Ultimate Right -of -Way shall be considered to be the existing right-of-way. "Water Quality Management Plan (WQMP)" means a plan submitted in connection with an application for a City permit or other City approval, identifying the measures that will be used to mitigate the impacts of urban runoff from development projects. "Watercourse" means a permanent or intermittent stream or other body of water, either natural or improved, which gathers or carries surface water. "Watershed" means the geographical area, which drains to a specified point on a water course; usually, a confluence of streams or rivers (also known as a drainage area, catchment or river basin). "Waters of the State" means any water (surface or underground) under the jurisdiction of the State. 18.03.040 Abbreviations ActAlquist-Priolo Earthquake Fault Zoning Act BMPBest Management Practices Cal OSHA .............................. California Occupational Safety & Health Administration Ords 13-01 10 CGP.......................................... Construction General Permit ESC.......................................... Erosion and Sediment Control MEP.......................................... Maximum Extent Practicable MS4 Permit................................. Municipal Separate Storm Sewer System Permit NPDES...................................... National Pollutant Discharge Elimination System QSD/P....................................... Qualified Stormwater Developer/Practitioner RWQCB..................................... Regional Water Quality Control Board SCAQMD................................... South Coast Air Quality Management District SWPPP..................................... Storm Water Pollution Prevention Plan SWRCB..................................... State Water Resource Control Board WDID........................................ Water Discharge Identification WQMP....................................... Water Quality Management Plan Chapter 18.06 GRADING PERMIT, APPLICATION & REQUIREMENTS Sections: 18.06.020 18.06.040 18.06.060 18.06.080 18.06.100 18.06.120 18.06.140 18.06.160 18.06.180 18.06.200 18.06.220 18.06.240 18.06.260 18.06.280 18.06.300 18.06.320 18.06.340 18.06.360 18.06.380 18.06.400 18.06.420 18.06.440 18.06.460 18.06.480 18.06.500 Grading Permits Required Types of Work Covered by a Grading Permit Permit Exemptions Tentative Subdivision or Conditional Use Permit Required Grading Application Plans and Specifications Expiration and Renewal of Grading Application Submittals Expiration and Renewal of Issued Grading Permits Denial of Grading Permit Transfer of Responsibility Clearances Water Quality Management Plan Geotechnical (Soils) Reports Seismicity Reports Dust Control and Prevention Plan Disposal of Materials Permit Issuance — Terms and Conditions Right of Entry Time of Operations Responsibility of Permittee Contractor Qualifications Protection of Adjoining Property Protection of Utilities Maintenance of Protective Devices Debris on Public and Private Streets 18.06.020 Grading Permits Required No person shall conduct any construction, grading (stockpiling, excavating, earth moving, filling, clearing, disking, brushing or grubbing on natural or existing grade or Ords 13-01 11 perform work that is preparatory to grading), without first having obtained a grading permit in accordance with this title, except as specified in Section 18.06.060 "Permit Exemptions" of this title and without having obtained coverage under the State Water Resources Control Board's National Pollutant Discharge Elimination System (NPDES) permit for construction activity, if applicable. 18.06.040 Types of Work Covered by a Grading Permit A. The types of work covered by a grading permit include the following: 1. Mass, Rough or Precise Grading. The City Engineer may issue a grading permit for mass, rough or precise grading work upon completion of an application in accordance with the Engineering and Construction Manual. The issuance of building permits by the Department of Building & Safety shall be determined as follows: a. Building permits may be issued for a site graded under a grading permit for precise grading work, upon completion and approval of the rough grade inspection, as specified in and subject to the requirements of the Engineering and Construction Manual. b. Building permits shall not be issued for a site graded under a grading permit for rough grading work, unless a precise grading plan has been approved. 2. Borrow Sites. A grading permit shall not be issued when, in the opinion of the City Engineer, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes, unless a Conditional Use Permit in accordance with Chapter 17.04, "Permits" of the Temecula Municipal Code has been issued for the operation of a borrow pit on the grading site. 3. Stockpiling. Upon approval by the Planning Commission, a grading (stockpile) permit may be issued for the stockpile of soil materials on a lot or parcel provided that the soil materials shall be removed from the site or compacted and graded thereon under a subsequently issued mass, rough or precise grading permit within six months of issuance of a stockpile permit, unless modified by the Planning Commission in accordance with the Engineering and Construction Manual. 4. Erosion and Sediment Control (ESC). All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion and sediment discharges of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into storm water conveyance systems in accordance with the provisions of Chapter 18.18 of this title and the Engineering and Construction Manual. The ESC work shall be covered under the grading permit. 5. Administrative Clearing. No person shall commence any clearing and grubbing operation without first obtaining a grading (administrative clearing) permit in accordance with the Engineering and Construction Manual. 6. Rock Blasting. No rock blasting shall be permitted until a pre -blast survey of the surrounding property is conducted to the satisfaction of the City Engineer. Ords 13-01 12 During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the City Engineer. All blasting shall conform to the requirements of the City Engineer, as specified in and subject to the requirements of the Engineering and Construction Manual. 7. Paving. For onsite (private) development, no person shall construct concrete or bituminous pavement surfacing on natural or existing grade in excess of 5,000 square feet for any commercial, industrial, multi -residential or other parking lot, without a valid grading permit for such paving operation. This excludes developments consisting of a single family residence. Maintenance and repaving of existing paved sections shall be exempt from this requirement. 8. Watercourse Alteration. No person shall alter an existing watercourse, channel or revetment (by excavating or placing fill, rock protection or structural improvements therein) without an applicable state agency approval and a grading permit unless: a. The requirement for a grading permit is waived by the City Engineer, b. The grading is performed as interim protection in an emergency to prevent flooding or c. A separate improvement plan for such alteration is approved by applicable state agencies and the City Engineer. 18.06.060 Permit Exemptions Grading permits are not required for: A. An excavation below the existing finished grade for re -compaction within the building zone (within five feet of footings) or for basements and footings for a building, mobile home, retaining wall, septic system, well or structure authorized by a building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than two feet after the completion of such structure. Regardless of exemption, the Public Works Department shall be notified of activity. B. Cemetery graves; C. Refuse disposal sites controlled by other statutorily authorized regulations or agencies; D. Earthwork or construction controlled by the federal, state, county or city governments, or by a local agency as defined by Government Code Section 53090 through 53095 (special districts). This exemption, however, shall apply only when the grading activity takes place on the property, or dedicated rights-of-way or easements of the above agencies; E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public rights-of-way permit; F. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay for commercial purposes where established and provided for by a conditional use permit, provided such operations do not affect the lateral support Ords 13-01 13 of any adjacent or adjoining properties, or alter the direction of, or contribute to, sedimentation to natural watercourses. G. Exploratory excavations under the direction of civil engineers, geotechnical engineers, engineering geologists, and/or archaeologists or paleontologists, or pursuant to a well permit, provided all excavations are properly backfilled or otherwise restored. All such elevations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety and the following: 1. When such work involves removal of any native vegetation, it shall be accompanied by an administrative clearing permit in accordance with Section 18.06.040 "Types of Work Covered by a Grading Permit" of this title. Any access roadways or pads constructed for this work shall only be constructed as approved in the administrative clearing permit and shall be restored as required in the permit. H. An excavation not intended to support structures or mobile homes and which: (a) is less than two feet in vertical depth or (b) does not create a cut slope greater than three feet in vertical height and steeper than two horizontal to one vertical (2:1). This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.06.040, "Types of Work Covered by a Grading Permit" of this title. I. A fill Tess than one foot in vertical depth, placed on natural terrain with a slope flatter than five horizontal to one vertical (5:1), or Tess than three feet in depth, not intended to support structures or mobile homes, which does not exceed 50 cubic yards on any site and does not obstruct a drainage course. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.06.040, "Types of Work Covered by a Grading Permit" of this title. J. The construction or maintenance of roads or facilities for the generation, storage or transmissions of water including floodwaters or electrical energy by public agencies or their agents. Work may be subject to Water Quality Management Plan (WQMP) requirements. A WQMP project includes the construction or reconstruction of 5,000 square feet of impervious surface in a parking lot, street, road or highway. K. The maintenance of private roads by private individuals or their agents, but not the construction or widening of such roads. L. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire hazard in accordance with Title 8, Chapter 8.16, "Hazardous Vegetation," of the Temecula Municipal Code with the concurrence of the Director of Development Services that such clearing and brushing will not cause significant damage to any habitat of any rare, endangered or protected species of wildlife or endanger any archaeological or historical resources, open space areas with biological significance, or transition areas between land to be cleared for fire fuel mitigation and permanent open space. Ords 13-01 14 M. Clearing and brushing, expressly for the following purposes: 1. Routine landscaping and maintenance of already landscaped areas and the removal of dead or diseased trees or shrubs. 2. Clearing, which conforms to the location, extent and purpose authorized explicitly by a construction permit pursuant to a discretionary land use permit or a discretionary development permit. An administrative clearing (grading) permit, in accordance with Section 18.06.040 "Types of Work Covered by a Grading Permit" of this title, shall be required for any purpose that is not specifically addressed by the construction permit. N. Repaving, resurfacing and maintenance of existing private roads and parking lots and the preparation necessary for that work, provided no grading beyond the limits of other exemptions is performed. O. Minor maintenance and alterations to natural drainage areas that do not: 1. Obstruct or redirect drainage from adjacent properties, nor 2. Divert the outflow of drainage from the existing or natural discharge point of the property, nor 3. Concentrate or accelerate the flow of drainage as it leaves the property, nor 4. Create ponding, siltation or erosion in or of the streambed, nor 5. Disturb wetlands Note: The above listed exemptions do not apply to clearing, grubbing, brushing, disking or grading when: 1. Work will occur in, or physically impact, designated or dedicated open space or environmentally sensitive areas designated in the General Plan, or the finally adopted plan of any public agency or governmental office with jurisdiction over the site, or shown on any approved Specific Plan; or 2. Work will occur in any waterway or wetland, stream, river, channel, pond, lake, marsh, bog, lagoon, vernal pool or riparian habitat, except as provided in exemption "0;" or 3. Work will occur in any floodway or floodplain as shown on the Federal Emergency Management Agency Flood Plain Maps or on City revised maps, except as provided in exemption "O." 18.06.080 Tentative Subdivision or Conditional Use Permit Required Under either of the following circumstances, a grading permit shall not be issued, unless and until, a tentative map or a conditional use permit has been approved by the City: A. If the purpose of the proposed grading or clearing is to prepare the land for a subdivision or for some use for which a conditional use permit is required; or B. Notwithstanding the purpose of the proposed grading or clearing as stated in the application, if the City Engineer finds that the purpose of the proposed grading or clearing is to prepare the land for subdivision or for some use for which a conditional use permit is required. Ords 13-01 15 18.06.100 Grading Application To obtain a grading permit, the applicant shall first file an application in writing on a form furnished by the City Engineer for that purpose. 18.06.120 Plans and Specifications A. Each application for a grading permit shall be accompanied by plans and specifications, soils engineering and geotechnical reports, hydrology/hydraulic reports, erosion and sediment control plans, proof of coverage under the State General Permit for construction activities and all other information required by the City Engineer as noted in the Engineering and Construction Manual, and payment of the appropriate fees. In addition, a conceptual Water Quality Management Plan (VVQMP) must be accepted by the City Engineer prior to issuance of final conditions of approval. A final WQMP must be accepted by the City Engineer, prior to issuance of a grading permit. B. Plans and specifications for grading projects requiring permits as defined in Section 18.06.020 "Grading Permits Required" of this title shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the City Engineer, drainage or geologic factors may warrant a need for civil engineering design and control. C. Grading plans and specifications shall be prepared in accordance with the Engineering and Construction Manual. 18.06.140 Expiration and Renewal of Grading Application Submittals A. Applications for which no permit is issued within 180 days following the date of application shall expire; and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the City Engineer without additional notice to the applicant. B. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action for an application after expiration, the applicant shall resubmit the grading submittal package and pay the most current plan check fee. D. Plan check fees shall be deemed forfeited for all expired permits. 18.06.160 Expiration and Renewal of Issued Grading Permits A. A grading permit shall be valid for a period of 180 days from the date of issuance. B. The time limitation for all grading permits is also subject to the following provisions: 1. Change of Ownership. A grading permit issued in accordance with these requirements shall terminate upon a change of ownership if the work for which said permit was issued has not been completed. In such instances, a new grading permit shall be required for the completion of the work. Ords 13-01 16 a. If the time limitations of paragraph (A) of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the City Engineer, no charge shall be made for the issuance of a new permit. b. If changes have been made to the plans and specifications last submitted to the City Engineer, fees based on the valuation of the additional or new work, such as additional earthwork and necessary plan checking, shall be charged to the permit applicant. c. New securities and/or deposits shall be submitted by the new owner in accordance with Section 18.24.140 "Securities" of this title. 2. Permit Extensions. The City Engineer may extend the time limit on grading permits by one or more successive periods of up to 180 days upon written request by the applicant showing to the satisfaction of the City Engineer that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the grading operations. 3. Weather -Related Delays. The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather- related problems not considered at the time the grading permit was originally issued. C. As a condition of the extension of any time period, the City Engineer may require the payment of additional permit, plan checking, inspection and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension. 18.06.180 Denial of Grading Permit A. A grading permit shall not be issued in any case where the City Engineer determines that hazardous conditions exist and that the work, as proposed by the applicant, will: 1. Expose any property to landslide or geologic hazard; 2. Adversely interfere with existing drainage courses or patterns; 3. Cause erosion and/or flooding, which could result in the depositing of mud, silt or debris on any other property or public/private street; 4. Create any hazard to person or property; or 5. Damage or endanger any environmentally sensitive species and habitats, rocks and/or archaeological artifacts. B. A grading permit shall not be issued if any of the following apply: 1. If the submittal is incomplete; 2. If the plan as submitted does not comply with the provisions of this title; 3. If the required security is not posted; 4. If the application contains false information. Ords 13-01 17 C. The City Engineer shall deny the issuance of a grading permit if any of the following apply: 1. If prohibited by a duly elected moratorium, court order, injunction or other legal order; 2. If the applicant or owner has failed to comply with the provisions of this title; or 3. If the work proposed is not consistent with the City's General Plan (or any element thereof), any specific plan, conditional use permit, land use ordinance or regulation, zoning ordinance or regulation, any permit or approved subdivision map. 18.06.200 Transfer of Responsibility If the civil engineer of record, the geotechnical engineer, the engineering geologist or the grading contractor of record is changed during the course of the work, the project shall be stopped until: A. Permittee submits a letter of notification verifying the change of the responsible professional; and B. The new responsible professional submits in writing that he has reviewed all prior reports and/or plans (specified by date and title) and work performed by the responsible professional party, and that he concurs with the findings, conclusions and recommendations and is satisfied with the work performed. He must state that he assumes all responsibility within his purview as of a specified date. All exceptions shall be justified to the satisfaction of the City Engineer. Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility. 18.06.220 Clearances A. The applicant shall obtain all required clearances from applicable regulatory agencies and City Departments prior to obtaining a grading permit, as specified in and subject to the requirements of the Engineering and Construction Manual. Said clearances shall not be obtained until the applicant meets all regulatory agencies' and City Departments' requirements. B. The applicant shall address all requirements associated with drainage ways (where their function is essential to the protection and/or use of multiple properties). Said requirements shall comply with the Engineering and Construction Manual. 18.06.240 Water Quality Management Plan A Water Quality Management Plan (WQMP) may be required as a condition for issuance of grading permits. A WQMP shall provide guidelines for addressing site design, source control and treatment control BMPs on a project -specific and/or sub -regional or regional basis to address the management of urban runoff to protect receiving waters. Said Ords 13-01 18 report shall comply with the NPDES MS4 Permit and as specified in and subject to the requirements of the Engineering and Construction Manual. 18.06.260 Geotechnical (Soils) Reports A. The City Engineer shall require a geotechnical report to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report in conformance with the requirements of this title and the Engineering and Construction Manual. B. The City Engineer shall require such supplemental reports and data, as he deems necessary, upon his review of the site and the reports and other data submitted. Such required data may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic soil - testing laboratory, with written analysis and recommendation, to be utilized during any required re -vegetation. C. For a specific project, the City Engineer may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. The City Engineer shall provide a written commentary that addresses the report conclusions as justification for waiving the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and commentary, shall be filed with the State Geologist within 30 days of the waiver, in accordance with Public Resources Code Section 2697(a). 18.06.280 Seismicity Reports - Alquist-Priolo Earthquake Fault Zoning Act (Act) A seismicity report shall be required as a condition for issuance of grading permits for: all grading applications associated with subdivisions (tracts), if applicable; all grading projects that propose development with occupancy category II, III, IV structures as shown in Table 1604A.5 of the California Building Code; and all real estate development that lies within an earthquake fault zone. Said reports shall comply with the requirements of the Act (Public Resources Code Section 2621, et seq.) and as specified in and subject to the requirements of the Engineering and Construction Manual. 18.06.300 Dust Control and Prevention Plan Dust control and prevention procedures shall be employed while construction activity occurs to minimize wind borne particles. At a minimum, all grading operations, land clearing, loading, stockpiling, landscaping, vehicular track -out and haul routes shall comply with South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust Emissions) and the Engineering and Construction Manual. Ords 13-01 19 18.06.320 Disposal of Materials The disposal of all waste and recycling materials removed as part of any grading project shall comply with the City's Solid Waste Franchise Agreement, as specified in and subject to the requirements in the provisions of the Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and the Engineering and Construction Manual. 18.06.340 Permit Issuance — Terms and Conditions A. Upon receipt and approval of the required application, fees, plans, reports and other requirements of this title, the City Engineer may issue a grading permit, subject to any terms and conditions deemed necessary to ensure conformance with the provisions of this title and the Engineering and Construction Manual. B. The City Engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060 "Hazardous Conditions" of this title. C. The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the plans and specifications attached to the permit and approved by the City Engineer. A separate permit shall be required for each (noncontiguous) grading project. 18.06.360 Right of Entry As a prerequisite for issuance of any grading permit, the owner, contractor or authorized agent of the site to be graded acknowledges and grants permission to the City for right of entry into the site for inspection, emergency work or correction of grading not performed in compliance with the terms and conditions of the permit. The owner, contractor or authorized agent shall agree to indemnify the City for any claims or damages, which may result from the City's entry onto the property including any corrective or emergency action taken pursuant to such right of entry. 18.06.380 Time of Operations A. Time of any grading, clearing and equipment operations pursuant to this title shall be consistent with City Ordinance No. 94-25. Grading operations within one-quarter (1/4) mile of an occupied residence shall not be conducted between the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday; or between the hours of 6:30 p.m. and 7:00 a.m. on Saturdays. Further, no such activity shall be undertaken on Sunday or any nationally recognized holiday. The City Engineer may extend the hours permitted for grading or equipment operations if the City Engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the City Engineer's findings of a previously unforeseen effect on the health, safety or welfare of the surrounding community. B. Public Works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this title. Residents working on their property are exempt from the prohibition of construction activities on Sundays Ords 13-01 20 and holidays, but shall comply with the hourly restrictions set forth for Saturday when working on Sundays and holidays. 18.06.400 Responsibility of Permittee It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed on the permit as outlined in the applicable sections of this title, the Engineering and Construction Manual, and as contained on the approved grading plans and geotechnical reports. The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing the applicable requirements of the City's Standard Notes, as identified in the Engineering and Construction Manual. 18.06.420 Contractor Qualifications All persons performing work pursuant to this title shall have all valid licenses and insurance required by the State of California and by the City of Temecula. 18.06.440 Protection of Adjoining Property Each adjacent owner is entitled to the lateral and subjacent support that his land receives from the adjoining land, subject to the right of the property owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, as follows: A. Any person causing an excavation to be made to a depth of 10 feet or more below the grade and within 10 feet of the property line(s) shall protect the excavation so that the soil of adjoining property will not cave in or settle. The person making or causing the excavation to be made shall provide written notification to the adjoining property owner(s) no less than 10 days before such excavation is to be made, stating the depth for which such excavation is to be made and when the excavation will begin. B. If at any time it appears that the excavation is of greater depth than are the walls or foundation of an adjoining building or other structure, and the distance from the edge of the excavation to an adjoining building or other structure is less than the depth of the excavation, the person causing the excavation shall notify the owner of the adjoining building or other structure no Tess than 10 days before such excavation is to be made to protect the same from any damage, or to brace or extend the foundations of the noted building or other structure from possible damage from the excavation. C. Excavations shall meet all state and federal regulations including, but not limited to, any trench greater than five feet deep. Cal OSHA permits shall be obtained. D. No grading shall be approved which, in the opinion of the City Engineer, physically prevents the use of existing legal access to any parcel. Ords 13-01 21 18.06.460 Protection of Utilities A. During grading operations, the permittee shall be responsible for the prevention of damage to public utilities or services and for confining grading activities to the area permitted on the approved plans. This responsibility applies within the limits of grading or clearing and along any routes of travel of equipment. B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert of Southern California and coordinate the proposed excavation with all interested utility companies, districts and agencies. 18.06.480 Maintenance of Protective Devices The owner or agent in control of such property on which a grading activity has occurred pursuant to a permit granted under the provisions of this title, shall maintain in good condition and repair all structures, planting and other protective devices as per the approved plans or required by the permit. Any facilities dedicated for public use and accepted by a public agency are exempt. 18.06.500 Debris on Public and Private Streets The throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public and private streets or any portion of the public rights-of-way shall be strictly prohibited. The permittee shall be responsible for the complete removal and cleanup of such materials from the street or any portion of the public rights-of-way. If the permittee fails to immediately remove said spillage or deposit from the street and/or public rights-of-way, and it is necessary for the City to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The City may use the grading deposit in accordance with Section 18.24.140 "Securities" of this title for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading activities to insure the cleanup of public streets. Chapter 18.09 HAUL ROUTE PERMIT, APPLICATION & REQUIREMENTS Sections: 18.09.020 18.09.040 18.09.060 Haul Route Permits Required Haul Route Application Haul Route Requirements 18.09.020 Haul Route Permits Required No person shall conduct any hauling of soil materials on public rights-of-way from or to the site of a grading operation, without first having obtained a haul route permit, if required, as specified in and subject to the requirements of the Engineering and Construction Manual. Ords 13-01 22 Because this permit may be triggered by various factors (location, quantity of soil, truck trips, traffic, etc.), the City will determine if a haul route permit is required on a case-by- case basis prior to allowing any hauling operation to commence. 18.09.040 Haul Route Application To obtain a haul route permit, the applicant shall first file an application in writing on a form furnished by the City Engineer for that purpose. The applicant shall submit a complete application with the required documentation and fee, the amount of which is set by City Council resolution. 18.09.060 Haul Route Requirements Where soil materials are moved on public rights-of-way from or to the site of a grading operation, a haul route plan shall be approved by the City Engineer in accordance with the Engineering and Construction Manual. Deviation from the designated haul route shall constitute a violation of the conditions of the permit issued under this title. Vehicular track -out shall be controlled, as directed by the City Engineer, to prevent sediment deposition outside of the project site boundaries. All haul route requirements shall be in accordance with this title and the Engineering and Construction Manual. Chapter 18.12 ENCROACHMENT PERMIT, APPLICATION & REQUIREMENTS Sections: 18.12.020 18.12.040 18.12.060 18.12.080 18.12.100 18.12.120 18.12.140 18.12.160 18.12.180 18.12.200 18.12.220 18.12.240 18.12.260 18.12.280 18.12.300 18.12.320 18.12.340 18.12.360 Encroachment Permits Required Types of Work Covered by an Encroachment Permit Encroachment Application Plans and Specifications Expiration and Renewal of Encroachment Application Submittals Expiration and Renewal of Issued Encroachment Permits Denial of Encroachment Permit Transfer of Responsibility Clearances Required Reports Disposal of Materials Permit Issuance — Terms and Conditions Time of Operations within Public Rights -of -Way Responsibility of Permittee Contractor Qualifications Protection of Utilities within Public Rights -of -Way Maintenance of Protective Devices within Public Rights -of - Way Debris on Public Rights -of -Way Ords 13-01 23 18.12.020 Encroachment Permits Required For work within public rights-of-way, no person shall conduct any construction without first having obtained an encroachment permit in accordance with this title and without having obtained coverage under the State Water Resources Control Board's NPDES permit for construction activity, if applicable. Excavations shall meet all state and federal regulations including, but not limited to, any trench greater than five feet deep. Cal OSHA permits shall be obtained, as required. 18.12.040 Types of Work Covered by an Encroachment Permit A. The City Engineer may issue an encroachment permit for major and minor construction -related improvements within public rights-of-way upon satisfactory completion of an application in accordance with this title and the Engineering and Construction Manual. Note the following: 1. Major public rights-of-way improvements (as shown on typical construction plans) shall be covered under an encroachment permit and may include: street improvements, storm drain improvements, sewer and/or water improvements, dry utility improvements, traffic control plans, traffic signing & striping improvements and traffic signal improvements. 2. No construction, grading or encroachment will be approved which, in the opinion of the City Engineer, physically prevents the use of existing legal access to any private parcel. 3. The City Engineer may issue an encroachment permit for minor construction - related improvements within the public rights-of-way upon satisfactory completion of an application in accordance with this title and the Engineering and Construction Manual. Said minor construction -related improvements may include: driveway approaches, drains, street closures, oversize transport, tree trimming, utility work, etc. B. In addition to construction -related improvements within public rights-of-way, the City Engineer may issue an encroachment permit for miscellaneous activities performed within public rights-of-way upon satisfactory completion of an application in accordance with this title and the Engineering and Construction Manual. Said activities may include access to utility agency facilities, block parties, movie filming, street closures, special events, etc. 18.12.060 Encroachment Permit Application To obtain an encroachment permit, the applicant shall first file an application in writing on a form furnished by the City Engineer for that purpose. 18.12.080 Plans and Specifications A. Each application for an encroachment permit shall be accompanied by the required construction plans and specifications, soils engineering and geotechnical reports, hydrology/hydraulic reports, proof of coverage under the State General Permit for construction activities and all other information required by the City Engineer as Ords 13-01 24 noted in the Engineering and Construction Manual, and payment of the appropriate fees. B. Plans and specifications for construction projects and work requiring encroachment permits as defined in Section 18.12.040 "Types of Work Covered by an Encroachment Permit" of this title shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the City Engineer, drainage or geologic factors may warrant a need for civil engineering design and control. C. Construction plans and specifications shall be prepared in accordance with the Engineering and Construction Manual. 18.12.100 Expiration and Renewal of Encroachment Application Submittals A. Applications for which no permit is issued within 180 days following the date of application shall expire; and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the City Engineer without additional notice to the applicant. B. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action for an application after expiration, the applicant shall resubmit the submittal package and pay the most current plan check fee. D. Plan check fees shall be deemed forfeited for all expired permits. 18.12.120 Expiration and Renewal of Issued Encroachment Permits A. An encroachment permit shall be valid for a period of 180 days from the date of issuance. B. The time limitation for all encroachment permits is also subject to the following provisions: 1. Permit Extensions. The City Engineer may extend the time limit on encroachment permits by one or more successive periods of up to 180 days upon written request by the applicant showing to the satisfaction of the City Engineer that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the work. 2. Weather -Related Delays. The City Engineer may require that construction operations and project designs be modified if delays occur which incur weather- related problems not considered at the time the encroachment permit was originally issued. C. As a condition of the extension of any time period, the City Engineer may require the payment of additional permit, plan checking, inspection and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension. Ords 13-01 25 18.12.140 Denial of Encroachment Permit A. An encroachment permit shall not be issued in any case where the City Engineer determines that hazardous conditions exist and that the work, as proposed by the applicant, will: 1. Expose public rights-of-way to landslide or geologic hazard; 2. Adversely interfere with existing drainage courses/patterns and/or existing drainage improvements and utilities; 3. Cause erosion and/or flooding, which could result in the depositing of mud, silt or debris on public rights-of-way; or 4. Create any hazard to person or property. B. An encroachment permit shall not be issued if any of the following apply: 1. If the submittal is incomplete (plans, licensing and insurance requirements, etc.); 2. If the plan, as submitted, does not comply with the provisions of this title; 3. If the required security is not posted; or 4. If the application is incomplete or contains false information; C. The City Engineer shall deny the issuance of an encroachment permit if any of the following apply: 1. If prohibited by a duly elected moratorium, court order, injunction or other legal order; 2. If the applicant or owner has failed to comply with the provisions of this title; or 3. If the work proposed is not consistent with the City's General Plan (or any element thereof), any specific plan, any permit or the approved subdivision map. 18.12.160 Transfer of Responsibility If the civil engineer of record, the geotechnical engineer, the engineering geologist or the contractor of record is changed during the course of the work, the project shall be stopped until: A. Permittee submits a letter of notification verifying the change of the responsible professional; and B. The new responsible professional submits in writing that he has reviewed all prior reports and/or plans (specified by date and title) and work performed by the responsible professional party, and that he concurs with the findings, conclusions and recommendations and is satisfied with the work performed. He must state that he assumes all responsibility within his purview as of a specified date. All exceptions shall be justified to the satisfaction of the City Engineer. Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility. Ords 13-01 26 18.12.180 Clearances A. The applicant shall obtain all required clearances from applicable regulatory agencies and City Departments prior to obtaining an encroachment permit, as specified in and subject to the requirements of the Engineering and Construction Manual. Said clearances shall not be obtained until the applicant meets all regulatory agencies' and City Departments' requirements. B. The applicant shall address all requirements associated with drainage ways within public rights-of-way. Said requirements shall comply with the Engineering and Construction Manual. 18.12.200 Required Reports The requirements for this section shall conform to this title and the Engineering and Construction Manual. A. The City Engineer may require a geotechnical report to correlate surface and subsurface conditions with the proposed construction plans. The results of the investigation shall be presented in a report in conformance with the requirements of this title and the Engineering and Construction Manual. B. The City Engineer may require supplemental reports and data, as he deems necessary, upon his review of the project site, reports and other data submitted. C. The City Engineer may determine that geotechnical conditions at public rights-of- way are such that public safety is adequately protected and no mitigation is required. D. Dust control and prevention procedures shall be employed while construction activity occurs to minimize wind borne particles. At a minimum, all construction operations shall comply with South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust Emissions) and the Engineering and Construction Manual. 18.12.220 Disposal of Materials The disposal of all waste and recycling materials removed as part of any construction project within public rights-of-way shall comply with the City's Solid Waste Franchise Agreement, as specified in and subject to the requirements within the provisions of the Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and the Engineering and Construction Manual. 18.12.240 Permit Issuance — Terms and Conditions A. Upon receipt and approval of the required application, fees, plans, reports and other requirements of this title, the City Engineer may issue an encroachment permit, subject to any terms and conditions deemed necessary to ensure conformance with the provisions of this title and the Engineering and Construction Manual. B. The City Engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or Ords 13-01 27 hazard, to persons or to public or private property in accordance with Section 18.27.060 "Hazardous Conditions" of this title. C. The issuance of an encroachment permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the plans and specifications attached to the permit and approved by the City Engineer. A separate permit shall be required for other work. 18.12.260 Time of Operations within Public Rights -of -Way A. Time of any construction operation pursuant to this title shall be consistent with City Ordinance No. 94-25. Construction operations within one-quarter (1/4) mile of an occupied residence shall not be conducted between the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday; or between the hours of 6:30 p.m. and 7:00 a.m. on Saturdays. Further, no such activity shall be undertaken on Sunday or any nationally recognized holiday. The City Engineer may extend the hours permitted for construction operations if the City Engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the City Engineer's findings of a previously unforeseen effect on the health, safety or welfare of the surrounding community. B. Public Works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this title. 18.12.280 Responsibility of Permittee It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed on the encroachment permit as outlined in the applicable sections of this title, the Engineering and Construction Manual, and as contained on the approved construction plans and technical reports. The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing all applicable requirements of the City's Standard Notes, as specified in and subject to the requirements of the Engineering and Construction Manual. 18.12.300 Contractor Qualifications All persons performing work pursuant to this title shall have all valid licenses and insurance required by the State of California and by the City of Temecula. 18.12.320 Protection of Utilities within Public Rights -of -Way A. During construction operations, the permittee shall be responsible for the prevention of damage to public utilities or services and for confining construction activities to the area permitted on the approved plans. This responsibility applies within the limits of the construction activities and along any routes of travel of equipment. B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert of Southern California and coordinate the proposed excavation with all interested utility companies, districts and agencies. Ords 13-01 28 18.12.340 Maintenance of Protective Devices within Public Rights -of -Way Throughout the duration of the work, the contractor or agent in control of the work (for which he is encroaching into public rights-of-way pursuant to a permit granted under the provisions of this chapter), shall maintain in good condition and repair all structures, planting and other protective devices as per the approved plans or required by the permit and plans. 18.12.360 Debris on Public Rights -of -Way The throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public rights-of-way shall be strictly prohibited. The permittee shall be responsible for the complete removal and cleanup of such materials from public rights-of- way. If the permittee fails to immediately remove said spillage or deposit from the public rights-of-way, and it is necessary for the City to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The City may use the improvement security in accordance with Section 18.24.140 "Securities" of this title for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of construction to insure the cleanup of public rights-of-way. Sections: Chapter 18.15 DESIGN STANDARDS 18.15.020 Cuts 18.15.040 Fills 18.15.060 Setbacks 18.15.080 Terracing and Drainage 18.15.100 Pad Grading 18.15.120 Asphalt Concrete Pavement 18.15.140 Disabled Access 18.15.020 Cuts Unless otherwise recommended by the geotechnical engineer or the engineering geology reports (or both) and approved by the City Engineer, cuts slopes shall be no steeper than two horizontal to one vertical (2:1). All cuts and excavations shall conform to the provisions of this title and the Engineering and Construction Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the City Engineer for minor cuts not intended to support structures. A. 11/2:1 Slope. A cut surface may be at a slope of one and one-half horizontal to one vertical (11/2:1) provided that all the following are met: 1. It is not intended to support structures or surcharges. 2. It is adequately protected against erosion. 3. It is no more than eight feet in height. Ords 13-01 29 4. Ground water is not encountered. B. 1:1 Slope. A cut surface in bedrock shall be permitted to be at a slope of one horizontal and one vertical (1:1). 18.15.040 Fills Unless otherwise recommended by the geotechnical engineer or the engineering geology reports, or both, and approved by the City Engineer, fills shall be in accordance with the Engineering and Construction Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the City Engineer for minor fills not intended to support structures. 18.15.060 Setbacks All setbacks and other restrictions specified in the Engineering and Construction Manual, pursuant to the recommendation of a civil or geotechnical engineer, and approved by the City Engineer, are to prevent damage to adjacent properties from erosion or to provide access for slope and drainage structure maintenance. Retaining walls may be used to reduce the required setbacks, when approved by the City Engineer. 18.15.080 Terracing and Drainage Terracing and drainage facilities shall be constructed in accordance with the Engineering and Construction Manual, unless otherwise approved by the City Engineer. For subsurface drainage, A. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability and as recommended by the geotechnical engineer and/or engineering geologist. B. All canyons and buttress fills shall be provided with sub -drains, approved by the City Engineer. 18.15.100 Pad Grading Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five horizontal to one vertical (5:1). Such runoff shall be in accordance with the Engineering and Construction Manual. 18.15.120 Asphalt Concrete Pavement Asphalt concrete pavement for surfacing of parking lots, private streets, driveways or other similar uses shall be in accordance with the Engineering and Construction Manual, unless otherwise approved by the City Engineer. Ords 13-01 30 18.15.140 Disabled Access All site development and precise grading shall be designed to provide access to all entrances and exterior ground -floor exits and to normal paths of travel in accordance with California Disabled Access Regulations (California Code of Regulations, Title 24, Part 2). Sections: 18.18.020 18.18.040 18.18.060 18.18.080 18.18.100 18.18.120 18.18.140 Chapter 18.18 EROSION AND SEDIMENT CONTROL Construction Runoff Compliance Erosion and Sediment Control Systems Erosion and Sediment Control Plans Required Erosion and Sediment Control Maintenance Best Management Practices Inactive Construction Additional NPDES Requirements 18.18.020 Construction Runoff Compliance A. All individual construction and grading projects shall implement measures to ensure that pollutants: (a) are not discharged from the site, (b) shall be reduced to the Maximum Extent Practicable (MEP) and (c) will not cause or contribute to an exceedance of water quality objectives in the local natural watercourses. All construction and grading activities shall comply with applicable ordinances, permits and other federal, state and local requirements. B. The permittee shall adhere to the following requirements: 1. Develop and implement an erosion and sediment control plan to manage storm water and non -storm water discharges from the site at all times in accordance with the Engineering and Construction Manual. Projects disturbing, exposing or stockpiling one acre or more of soil are also required to have coverage under the State Construction General Permit and generate a Storm Water Pollution Prevention Plan (SWPPP); 2. Conduct phased grading operations and minimize grading activities during the rainy season; 3. Coincide grading with dry weather periods to the extent feasible; 4. Implement additional "Best Management Practices" (BMP's) for all rain events; 5. Install a combination of erosion and sediment control measures to effectively prevent erosion and retain sediment on-site throughout the duration of all construction activities; 6. Minimize exposure time of disturbed soil areas; 7. Temporarily stabilize and re -seed disturbed soil areas as rapidly as possible; 8. Permanently re -vegetate or landscape as early as feasible; Ords 13-01 31 9. Stabilize all slopes; 10. Abide by all of the provisions set forth in the State Water Resource Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for construction activity, if applicable. The City must be provided with a Waste Discharge Identification (WDID) number, the risk level determination number and the qualified SWPPP Developer (QSD) prior to issuance of a grading permit. 11. Implement the applicable requirements of the City's standard notes such as the Grading and Erosion & Sediment Control Notes, as specified in and subject to the requirements of the Engineering and Construction Manual. C. The above requirements are applicable to all construction sites regardless of whether the construction site is subject to the State Construction General Permit or other individual NPDES permit. 18.18.040 Erosion and Sediment Control Systems A. All erosion and sediment control measures shall be designed and implemented to manage storm water and non -storm water discharges from the site at all times in accordance with the Engineering and Construction Manual, this title, and all state and federal requirements. B. References used in identifying functional and practical erosion and sediment control measures and standards for the planning and design in the City of Temecula may include the California Stormwater Quality Association's BMP Handbook for Construction and other equivalent sources. C. The permittee shall: 1. Be responsible for the control of erosion and sediment discharges on and from all disturbed areas of grading until issuance of certificate of occupancy, at which time the BMP's of the Water Quality Management Plan (WQMP) shall be in place and operational. 2. Implement the required BMP's year round. Additional site specific BMP's shall also be implemented, as necessary, to comply with this title, which may be more stringent than those required under the Construction General Permit. 3. Implement additional controls (source and treatment) for construction sites that are adjacent or tributary to Clean Water Act Section 303(d) water bodies. Each permittee shall also implement additional controls for construction sites within, adjacent or discharging directly to environmentally sensitive areas. 4. Conduct construction site inspection for compliance with this title and all applicable permits. D. No grading work shall be allowed on any portion of the site when the City Engineer determines that erosion, mudflow or sediment discharges may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion and sediment control measures to Ords 13-01 32 be installed or cleanup to be done, the permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision and reasonable overhead charges in accordance with Section 18.24.120 "Cost Recovery Fees" of this title. E. All protective devices shown on the erosion and sediment control plan and in the SWPPP, if applicable, shall be in place within seven days prior to any forecast rain. If the permittee does not install or maintain erosion and sediment controls or if any cleanup is required, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with indirect costs, extra inspections, supervision and reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion and sediment control work shall be performed until the full amount drawn from the cash deposit, in accordance with Section 18.24.140 "Securities" of this title is restored by the permittee. F. Cut and fill slopes shall be protected to control against erosion and sediment discharges until sufficient permanent landscaping has been established. One hundred percent must be in place prior to issuance of certificate of occupancy. 18.18.060 Erosion and Sediment Control Plans Required A. No grading activity shall be allowed on any single grading site under permit unless the City Engineer has approved an erosion and sediment control plan. B. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, private and public storm water conveyance systems, environmentally sensitive areas and adjacent properties in accordance with the provisions of this title and the Engineering and Construction Manual. C. All erosion and sediment control BMP's outlined on the erosion and sediment control plan shall be shown on the SWPPP, if applicable, and implemented year round. D. A copy of the approved erosion and sediment control plan shall be maintained at the worksite at all times. A working set of approved plans shall be routinely and frequently modified and updated to ensure effective erosion and sediment control throughout the duration of construction. 18.18.080 Erosion and Sediment Control Maintenance A. Prior to and after each rainstorm, all on-site and off-site flow -lines, storm water conveyance systems, check dams, chevrons, silt fences and desilting basins shall be free of sediment, construction materials, waste, miscellaneous debris and deteriorated erosion and sediment controls at all times. B. Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary. Ords 13-01 33 C. The permittee shall be responsible: 1. For taking necessary precautions to prevent public trespassing onto areas where impounded water, due to ESC devices, creates a hazardous condition. Signage indicating "Ponded Water — Do Not Enter" shall be posted. 2. For continual maintenance of the devices during all construction activities. D. In the event the City Engineer must cause emergency work to be done, he may revoke the grading permit. The permit shall not be renewed until an approved erosion and sediment control system has been installed and the owner has paid any applicable fees. E. If any grading or clearing subject to Section 18.06.020 "Grading Permits Required" of this title has commenced on private property without a valid grading permit, the property owner will be required to stop work, prepare an erosion and sediment control plan (which must be approved by the City), obtain a valid grading permit and implement the erosion and sediment control plan accordingly. 18.18.100 Best Management Practices (BMP) A. Best Management Practices are management practices and operating procedures/devices executed to prevent or reduce pollutant discharges into public or private storm water conveyance systems. BMP are effective methods to reduce the movement of pollutants such as sediment, nutrients, pesticides, etc. from a construction site to surface or ground water. The intent of BMP is to significantly reduce pollutant discharges and protect our bodies of water by maintaining effective water quality practices. As there may be many potential BMPs to utilize, careful consideration must be given to selecting the appropriate BMPs to use that are both practical and effective water quality protective measures. B. BMP's shall be implemented on a continual basis during construction activities. The following minimum criteria shall be met: 1. An effective combination of erosion and sediment controls shall be implemented within seven working days of clearing or inactivity in construction. 2. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a daily maintenance frequency or as directed by the City Engineer. 3. Waterway and watercourse protection shall include, but not be limited to, stabilization of the channel before, during and after state -approved in -channel work. 4. Additional erosion and sediment control materials shall be stockpiled at various locations throughout the site for immediate implementation within seven days of a forecast rain. The developer/contractor shall make equipment and workers for emergency work available to protect the site. C. Erosion Control BMPs shall include temporary or permanent erosion control devices (or both) that comply with City and engineering standards as well as state and federal requirements. Ords 13-01 34 D. Temporary site vegetation shall be required, as determined by the City Engineer, on any disturbed soil areas of the site when construction activities cease indefinitely and/or when expiration of a grading permit occurs. Temporary site vegetation shall be performed in accordance with Section 18.06.160 and 18.12.120 "Expiration and Renewal of Issued Grading/Encroachment Permits" of this title. Temporary vegetation shall not negate any City requirement or condition of approval to install permanent landscaping. E. Sediment Control BMPs shall include temporary or permanent sediment control devices (or both) that comply with City and engineering standards as well as state and federal requirements. 18.18.120 Inactive Construction A. A site may be deemed "inactive" when the areas of construction activity are not active and/or have been active and are not scheduled to be re -disturbed for a prolonged period, as determined by the City Engineer. Prior to a site becoming inactive, the following is required: 1. The engineer of record or permittee shall be responsible for submitting written notification to the City that construction activities will cease prior to completing the work associated with the approved grading plan; 2. The engineer of record shall validate or revise the erosion and sediment control plan and BMP implementation program based on the current site conditions; and 3. The engineer of record shall prepare and submit a BMP implementation plan (for all disturbed areas) that demonstrates compliance throughout the expected period of inactivity and establishment of 100% vegetative coverage as the primary erosion control. 18.18.140 Additional NPDES Requirements A. All grading activities subject to the regulations of this title shall be designed and conducted to minimize runoff of all pollutants onto public and private properties and into state and federal waters as required by this section and the Temecula Municipal Code, Title 8, Chapter 8.28, Storm Water and Urban Runoff Management and Discharge Controls. B. The permittee shall: 1. Obtain coverage under the State Water Resources Control Board's Construction General Permit to: a. Submit a Waste Discharge Identification Number and a risk level determination to the City Engineer, b. Submit appropriate fees to the SWRCB and c. Complete all site-specific SWPPP, monitoring and reporting program plans, reports, certifications, and other information required by the permit and/or requested by the Regional Water Quality Control Board, United States Environmental Protection Agency or the City Engineer. Ords 13-01 35 2. Update all plans as construction activities are modified from their original schedule and/or progress as originally planned. 3. Maintain all erosion and sediment control measures at the site throughout the duration of the project, as required by the permit. All of the information noted above shall be maintained on-site during construction and shall be presented upon demand by the State Water Resources Control Board and/or City Engineer. NPDES requirements shall remain in effect until the Notice of Termination requirements are fulfilled. Chapter 18.21 INSPECTIONS FOR CONSTRUCTION, GRADING & ENCROACHMENT WORK Sections: 18.21.020 18.21.040 18.21.060 18.21.080 18.21.100 18.21.120 18.21.140 Inspections Required Inspections after Rough Grading Final Inspections Requirements of Professional Engineers/Architect Notification of Noncompliance Special Inspections Stopping and Correction of Work 18.21.020 Inspections Required All construction, grading and encroachment related work for which a permit is issued, pursuant to the provisions of this title, shall be subject to inspections by the City Engineer. The inspections shall be in accordance with this title and the Engineering and Construction Manual. 18.21.040 Inspections after Rough Grading Upon final completion of the rough grading work, the City Engineer may require written approvals, reports, plans and supplements, as specified in and subject to the requirements of the Engineering and Construction Manual, prior to his inspections. 18.21.060 Final Inspections The permittee or his or her agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be granted until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures, including landscaping and its irrigation system, have been completed in accordance with the approved grading plan, and the required reports have been submitted. Where landscape planting for erosion and sediment control has been installed, final clearance (release of security deposits) shall not be granted until the planting has been established. The establishment of such erosion and sediment control plantings shall be certified by a licensed Landscape Architect and approved by the City Engineer. Ords 13-01 36 18.21.080 Requirements of Professional Engineers/Architect A. It shall be the responsibility of the civil engineer, who prepared the construction and/or grading plans, to incorporate the applicable recommendations from the geotechnical engineering and geology reports and to incorporate any City Engineer approved alternatives into the construction and/or grading plan. 1. The civil engineer shall be responsible for establishing line and grade for the grading and drainage improvements and shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the City Engineer. 2. The civil engineer shall be responsible for the preparation of plan revisions to be approved by the City Engineer, prior to implementing the change in the field. 3. Prior to issuance of building permits for any given lot or lots, the civil engineer shall be responsible for submitting a pad certification letter stating line and grade as evidence that the grading activity has been completed within standard tolerances in accordance with the approved plans and that all embankments, cut slopes and pad sizes are as shown on the approved plans. B. The geotechnical engineer's area of responsibility shall include, but not be limited to, performing the preliminary geotechnical engineering investigation and report, determining the suitability of soils during grading, providing compaction inspection and testing and preparing the final geotechnical engineering report. C. The engineering geologist's area of responsibility shall include, but not limited to, professional inspection and approval of the stability of cut slopes with respect to geological matters and the need for sub -drains or other groundwater drainage devices. He shall report his findings to the geotechnical engineer for engineering analysis. D. The landscape architect shall incorporate applicable recommendations from the geotechnical engineering reports into the landscape and irrigation plans. The landscape architect shall also prepare plan revisions to be approved by the City Engineer, prior to implementing the change in the field. All ground cover shall provide 100% coverage within nine months of planting or additional landscaping shall be required in order to meet this standard. 18.21.100 Notification of Noncompliance If, in the course of fulfilling their responsibilities under this title, the engineer of record, the geotechnical engineer, the engineering geologist or the testing agency finds that the work is not being performed in accordance with approved plans, specifications or this title, the discrepancies shall be reported immediately in writing to the grading contractor, the permittee and the City Engineer. Recommendations for corrective measures shall be submitted for approval to the City Engineer. 18.21.120 Special Inspections The City Engineer may establish special inspection requirements in accordance with Chapter 17, Section 1704, "Special Inspections", of the California Building Code, Ords 13-01 37 amended, for special cases involving grading or paving related operations. Special cases may apply to work where, in the opinion of the City Engineer, it is necessary to supplement the resources or expertise available for inspection. 18.21.140 Stopping and Correction of Work A. The provisions of Appendix Chapter 1, Administration, Section 114, "Stop Orders", of the California Building Code shall apply to all construction and grading work. Whenever the City Engineer determines that any work does not comply with the terms and conditions of the permit, or that that the work is being done improperly or in a hazardous manner, the City Engineer may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall stop conducting such work until authorized by the City Engineer to proceed with the work. B. Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the City Engineer may require that such work be exposed for examination. Such work may be subject to additional inspection fees in accordance with Section 18.24.060 "Inspections" of this title. C. If the City Engineer finds the soil or other conditions not as stated in the approved plans and geotechnical reports or in additional information, which was required for issuance of the permit, he may issue a stop work order until a revised construction or grading plan has been approved by the City Engineer. D. If, during the course of any construction or grading operations, discovery is made of items of archaeological or paleontological interest, the permittee shall immediately cease operation in the area of discovery and notify the city inspector. Discoveries that may be encountered include, but are not limited to, dwelling sites, stone implements or other artifacts, animal bones, and fossils. The permittee shall obtain the services of a qualified archeologist or paleontologist to investigate the site and assess the significance of the find. Under no circumstances shall anyone remove or disturb any artifacts or remains. Work shall be resumed in the area of discovery at the direction of the City Engineer. E. Work may resume and the stop order shall be rescinded upon the City Engineer's determination that conditions have changed, corrections have been made or the causes or actions, which required a stop order, have been remedied or alleviated to his satisfaction. Chapter 18.24 FEES AND SECURITIES Sections: 18.24.020 Plan Checking 18.24.040 Permits 18.24.060 Inspections 18.24.080 Refunds Ords 13-01 38 18.24.100 Review of Geotechnical Reports Fee 18.24.120 Cost Recovery Fees 18.24.140 Securities 18.24.160 Release of Security 18.24.020 Plan Checking A. Before accepting an application and a set of plans for review, the City Engineer shall collect all applicable plan checking fees. Separate permits and fees shall apply to retaining walls or major drainage structures. All applicants submitting plans, as required by this title, shall pay all plan check fees and/or deposits, as required by this title and by City Council resolution establishing applicable fees and deposits. B. An application submittal may expire in 180 days from the date of submittal if no permit has been issued in accordance with Sections 18.06.140 and 18.12.100 "Expiration and Renewal of Grading/Encroachment Application Submittals." If the application submittal has expired, the applicant shall be required to resubmit a new application and pay new plan check fees based on the City's current fee schedule. 18.24.040 Permits A. All applicants requesting a grading permit (for work related to mass, rough, precise, borrow site/stockpile, erosion and sediment control, administrative clearing, rock blasting, paving/watercourse alterations), a haul route permit and an encroachment permit, as required by this title, shall pay all fees and/or deposits, as required by this title and by City Council resolution establishing applicable fees and deposits. All permit fees shall be collected prior to issuance of permit. B. A permit may expire in 180 days from the date of issuance in accordance with Sections 18.06.160 and 18.12.120 "Expiration and Renewal of Issued Grading/Encroachment Permits," unless it is formally extended. 1. If the permit has expired, the applicant shall be required to resubmit a new application and pay a permit issuance fee based on the City's current fee schedule. 2. If the permit is officially extended, as a condition of said extension of any time period, the City Engineer may require the payment of additional permit, plan checking, inspection and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension. C. The fee for a permit, authorizing additional work under a valid permit, shall be the difference between the fee paid for the original permit and the fee shown for the entire project, as indicated in the City's current fee schedule. D. Failure to pay fees and obtain a permit, before commencing work, shall be deemed a violation of this title, except where it can be proven to the satisfaction of the City Engineer that an emergency existed that made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees (per the City Ords 13-01 39 Engineer) that shall be in addition to the required permit fee for work done prior to permit issuance. Payment of such fees shall not relieve any person from fully complying with the requirements of this title. E. A separate permit shall be required for each separate (noncontiguous) site. One permit may cover both an excavation and a fill on the same site. 18.24.060 Inspections A. All applicants requesting inspections, as required by this title, shall pay all fees and/or deposits, as required by this title and by City Council resolution establishing applicable fees and deposits. All inspection fees shall be collected prior to issuance of permit. B. If there are additional inspection fees owed to the City for prolonged, unforeseen and unexpected inspection services, the City Engineer shall recover addition fees (for staff members performing the work) over and above the originally paid inspection fees at an hourly rate. Said hourly rates shall be established by the Finance Department and in accordance with applicable City resolution. C. When any premature inspection request causes the City Engineer to go onsite before the job is ready for such an inspection, due to the negligence of the permittee, the City Engineer shall recover said inspection costs based on an hourly rate fee for each such re -inspection, pursuant to the applicable City resolution. The fees shall be paid before any further inspections are made. 18.24.080 Refunds A. After submittal and commencement of processing by the City, no fee (including plan checking fees, permit fees, inspection fees, etc.) collected pursuant to this title, shall be refunded in whole or in part, except as provided as follows: 1. Inspection fees may be refunded, less any City expenses incurred (including a reasonable overhead charge) at any time prior to the start of the work authorized by the permit, upon the applicant's written request, provided the permit application has expired or has been withdrawn. B. No refund shall be made pursuant to this section: 1. If the applicant or permittee has any outstanding debts owed to the City, or if corrective work remains to be done on the construction site. 2. If a request for refund is submitted to the City more than one year from the date of payment of the fee as to which a refund is claimed. 18.24.100 Review of Geotechnical Reports Fee Before accepting a geotechnical (soils) report for review, the City Engineer shall collect a report review fee. A separate fee will be charged for each individual report submitted for review. The amount shall be established, as set forth by City Council resolution. Ords 13-01 40 18.24.120 Cost Recovery Fees If the City Engineer determines that it is necessary for the City to cause erosion and sediment control measures to be installed or site/street cleanup to be done as emergency work (relating to construction or grading work on private property), the City Engineer shall charge the property owner all direct and indirect costs that are necessary to complete the work to his satisfaction for the benefit of the public. The cost recovery fee structure shall include all actual costs including, but not limited to, fees due to accelerating emergency work, administrative and legal costs, extra inspections, supervision and reasonable overhead charges. Any costs assessed against the property owner under this section may be appealed to City Council in accordance with Section 18.27.100 "Appeals" of this title. 18.24.140 Securities A. A permit shall not be issued unless the permittee first posts a security with the City comprised of a bond, cash deposit, letter of credit or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the State of California, as specified in and subject to the requirements of the Engineering and Construction Manual. B. All security requirements shall be in compliance with this title, the Engineering and Construction Manual, the Temecula Municipal Code and all City and engineering standards. C. The developer shall warrant the work performed pursuant to any of the agreements noted above for a period of one year after final acceptance by City Council of the work and improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement associated with the project fails to fulfill any of the requirements of the agreements, the developer shall immediately address the defects and repair and/or replace any defective or otherwise unsatisfactory part of the work. D. All substitutions of bonds shall be in compliance with this title, the Engineering and Construction Manual, the Temecula Municipal Code and all City and engineering standards. If any security is replaced by another approved security, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been a part of and incorporated into its associated agreement. Upon filing of a replacement security with City Clerk, the former security may be released. E. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the City Engineer may order work required by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond, deposit, instrument of credit or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such required work to be done. Ords 13-01 41 F. Whenever the City Engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued under the provisions of this title, written notice thereof shall be given to the principal and to the surety named on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of such work. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay the estimated cost of doing the work as set forth in the notice. The surety shall pay the City for actual costs in accordance with Section 18.24.120 "Cost Recovery Fees" of this title. 18.24.160 Release of Security A. The security required by the previous section shall guarantee performance of the work authorized pursuant to the permit and shall be released upon acceptance of the work by the City Engineer, as specified in and subject to the requirements of the Engineering and Construction Manual. 1. Release of Security for Public Improvements. The security furnished for public improvements shall be eligible for release in accordance with this title, the Engineering and Construction Manual and all applicable City policies and procedures. 2. Release of Security for Private Development. The security furnished for private development shall be eligible for release upon final completion and issuance of the certificate of occupancy, in accordance with this title, the Engineering and Construction Manual and all applicable City policies and procedures. Sections: Chapter 18.27 ENFORCEMENT 18.27.020 Powers and Duties of the City Engineer 18.27.040 Violations and Penalties 18.27.060 Hazardous Conditions 18.27.080 Public Nuisance 18.27.100 Appeals 18.27.020 Powers and Duties of the City Engineer The provisions of Appendix Chapter 1, Administration, Section 104, Duties and Powers of Building Official, of the California Building Code shall apply to the City Engineer for all construction, grading and encroachment work to be done, as required by any conditions of any permit issued pursuant to this title. Ords 13-01 42 18.27.040 Violations and Penalties A. It shall be unlawful for any person, firm or corporation to do construction and/or grading work in the City of Temecula, or cause the same to be done, contrary to or in violation of any of the provisions of this title or State or Federal Law. B. The issuance of a building permit, performance of building permit inspections or issuance of a certificate of occupancy may be withheld on property on which a violation of the provisions of this title exist, including work not performed in accordance with the approved plans, until such violation(s) has been corrected to the satisfaction of the City Engineer. C. Any person, firm or corporation violating any of the provisions of this title shall be deemed guilty of a misdemeanor. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of any provisions of this title are permitted, continued or committed by such person, firm or corporation and shall be punishable as provided for in Chapter 1.20 "General Penalty" of the Temecula Municipal Code. 18.27.060 Hazardous Conditions A. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage devices are situated on private property or public rights- of-way in such a manner that they are a hazard to life or limb, or a danger to public safety, or endangers the safety, usability, or stability of adjacent property, structures or public facilities. B. The City Engineer may examine, or cause to be examined, every condition reported as hazardous as set forth in subsection (A) of this section. C. Upon confirmation of a hazardous condition, the City Engineer shall provide written notification to the permittee, owner or agent in control of property with confirmed hazardous condition, requiring mitigation of said hazardous condition and stipulation of an acceptable time frame for compliance. D. The permittee, owner or agent in control of the property shall comply with any demand for corrective work or repairs, as required. In the event that corrective action is not completed within the period specified in writing, the City may exercise any available recourse for correction of said hazardous condition in accordance with Title 8, Chapter 8.12, of the Temecula Municipal Code. 18.27.080 Public Nuisance For purposes of this title, the following shall constitute a public nuisance: A. Any construction, grading or other work conducted without a permit, where it is required by this title. B. Any construction, grading or other work done in violation of any of the conditions imposed thereon by a permit issued, pursuant to this title. C. Any construction, grading or other work, which fails to be done, as required by any conditions of a permit, issued pursuant to this title. Ords 13-01 43 D. The existence of a hazardous condition, as defined in Section 18.27.060 of this title, upon the determination by the City Engineer that such condition exists. 18.27.100 Appeals A. The applicant, permittee, or any person(s) not satisfied with the decision by the City Engineer in regards to issuance of a permit or the performance of the permitted work, may file a written appeal to the City Clerk for a hearing before the City Council. B. Any such appeal must be made within three calendar days following the decision. C. The City Council will set a hearing to consider the appeal at the earliest possible regularly scheduled City Council meeting. D. The City Council, after receiving and considering all testimony and pertinent documents, may: 1. Uphold the City Engineer's decision; 2. Approve the appeal; or 3. Modify the City Engineer's decision, consistent with the requirements of this title. Section 5. The provisions of Title 18 shall apply to all grading, haul route and encroachment permits issued on or after the effective date of this Ordinance. Section 6. The City Council authorizes and directs the Director of Public Works/City Engineer to revise the existing manual of standards setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Ordinance. Such rules, procedures and requirements shall be entitled "Engineering and Construction Manual for Administrative and Technical Procedures for Construction, Grading and Encroachment." Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end, the provisions of this Ordinance are declared to be severable. Section 8. The proposed amendments to Title 18 of the Temecula Municipal Code are minor clarifications and constitute a re -organization of Title 18. In addition, the potential grading and land clearing activities regulated by this Ordinance merely implement components of the adopted 2005 General Plan that has already received the appropriate environmental review. Based on this fact, the City Council hereby finds that the adoption of this Ordinance is exempt from further review pursuant to Sections 15162(a) and 15061(b)(3) of the CEQA Guidelines. Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed substantially. Moreover, it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment, as the regulations herein Ords 13-01 44 protect against detrimental impacts on the environment by minimizing the impacts of grading and encroachment work and instituting effective erosion and sediment control. Section 9. The City Clerk shall certify the Ordinance and cause it to be published as required by law. This Ordinance shall take effect on the 30t" day after adoption pursuant to state law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Ords 13-01 45 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. 13-01 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 8th day of January, 2013, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of January, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Ords 13-01 46 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 12 ACTION MINUTES of January 8, 2013 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 8:10 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 11 Action Minutes — Approved Staff Recommendation (5-0-0) Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve the action minutes of December 11, 2012. 12 Third Amendment to the Willdan Financial Services Agreement for Assessment Engineering Services — Approved Staff Recommendation (5-0-0) Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the Third Amendment to the Willdan Financial Services Agreement to extend the term to December 31, 2013 and increase the payment by $39,500 for a five year contract total of $194,000. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS 1 CSD Action Minutes 010813 CSD ADJOURNMENT At 8:13 P.M., the Community Services District was formally adjourned to Tuesday, January 22, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] 2 CSD Action Minutes 010813 Jeff Comerchero, President PUBLIC HEARING Item No. 13 Approvals City Attorney Chief Financial Officer City Manager OtaL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: January 22, 2013 SUBJECT: A General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential, a Zoning Text Amendment to revise the text for Planned Development Overlay -11 (PDO -11), a Development Plan to construct 120 apartment units, and a Mitigated Negative Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road (Planning Application Nos. PA12-0034 and PA12-0033) — Continued from January 8, 2013 PREPARED BY: Stuart Fisk, Senior Planner RECOMMENDATION: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H), AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PA12-0034) (APN 944-060-006) 2. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE RANCHO VISTA VILLAGE 1 APARTMENTS LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PA12-0033) (APN 944-060-006) 3. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (APN 944-060-006) SUMMARY OF ORDINANCE: The proposed ordinance will amend the existing Official General Plan map on file with the City of Temecula City Clerk's office by changing the General Plan designation of the property located on 7.24 acres at the northeast corner of Mira Loma Drive and Rancho Vista Road in the City of Temecula (APN 944-060-006) from "medium" (M) to "high" (H) density residential and amends Section 17.22.220 thru 17.22.234, "Mira Loma Planned Development Overlay District (PDO -11)", of the Temecula Municipal Code to amend the zoning and development standards for the property. BACKGROUND: On April 4, 2007, the City Council approved a Zone Change for the project site from Medium Density Residential (M) to Planned Development Overlay -11 (PDO -11). The approved PD0-11 allows for 62 single-family residential units on condominium lots with a density of 8.4 units per acre. The proposed amendment to PDO -11 would allow for 120 multi -family apartment units on the 7.24 acre site with a density of 16.6 units per acre, and would also provide for development standards for the site that are specific to multi -family apartment units. The proposed Planned Development Overlay also requires approval of a General Plan Amendment to change the General Plan designation from Medium Density Residential (M) to High Density Residential (H), which is consistent with existing multi -family developments located directly north and west of the project site. Other General Plan designations adjoining the site include Public Institutional (PI; Vail Elementary School) and Residential Low -Medium (LM) to the east and to the south. On October 17, 2012, the Planning Commission recommended 4-0 (Guerriero absent) that the City Council approve the project. At the Planning Commission hearing Mr. Wayne Hall stated concerns regarding trash and standing water on the adjacent property to the east of the project site. Understanding that the trash and standing water issues are not linked to this project, Mr. Hall stated support for the project. A Code Enforcement case was opened to seek resolution to Mr. Hall's concerns with the adjacent property. The Code Enforcement Officer did not find trash on the property, but did contact Vector Control division of the Riverside County Health Department. Vector Control tested the area for mosquitos and did not find evidence of them at the time of testing, but Vector Control has created a Vector Site number for the area, which places the property on rotation for future mosquito testing. 2 The City Council reviewed the proposed project at public hearing on November 13, 2012. After hearing public testimony on the project, City Council directed the applicant to redesign the site plan to include the provision of a public pedestrian/bicycle trail along the eastern edge of the property from Mira Loma Drive to Rancho Vista Road and directed staff to provide additional information in the environmental Initial Study and to recirculate the Initial Study. The applicant has revised the site plan to include a public pedestrian/bicycle trail along the eastern edge of the property from Mira Loma Drive to Rancho Vista Road (see attachment 10) and information has been added to the Initial Study from the Air Quality Study, MSHCP Consistency Analysis and Habitat Assessment, Cultural Resources Report, Water Quality Management Plan, and Traffic Study prepared for the project and the Initial Study was recirculated for review from December 12, 2012 thru January 11, 2013. All of the information added to the Initial Study was derived from the existing studies for the project, with the exception of language added to the traffic section which came from the December 6, 2012 meeting of the Pubic/Traffic Safety Commission. The Public/Traffic Safety Commission discussed school area traffic circulation at Vail Elementary School and the Commission agreed with the traffic analysis prepared for the project and did not perceive any additional impacts to Mira Loma Drive or Vail Elementary School as a result of the project. Additionally, Jason Osborn, Director of Transportation for Temecula Valley Unified School District, concurred with the findings of the analysis and indicated that due to the close proximity of the school, children from the proposed apartments are more likely to walk to school based on existing pedestrian travel patterns for the surrounding neighborhood. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance (General Plan Amendment/Zone Change) Exhibit A — Planned Development Overlay 2. Resolution (Development Plan) Exhibit A — Draft Conditions of Approval 3. Resolution (Mitigated Negative Declaration) 4. Initial Study 5. Mitigation Monitoring Program 6. Planning Commission Resolution No. 12-21 (General Plan Amendment/Zone Change) 7. Planning Commission Resolution No. 12-22 (Development Plan) 8. Planning Commission Resolution No. 12-23 (Mitigated Negative Declaration) 9. Staff Report for the October 17, 2012 Planning Commission Hearing 10. Trail Exhibit 4 ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H), AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PA12-0034) (APN 944- 060-006) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Project was processed including, but not limited to, a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 14, 2012, through October 14, 2012, for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Development Services, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On October 17, 2012, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on October 17, 2012, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project, the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. H. On November 13, 2012, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. The City Council, at this hearing, directed the applicant to add pubic amenities in the form of a public pedestrian/bicycle trail along the eastern edge of the property and directed staff to make additions to the environmental Initial Study and to recirculate the Initial Study. I. A revised Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from December 12, 2012, through January 11, 2013, for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Development Services, located at City Hall, 41000 Main Street, Temecula, California 92590. J. On January 22, 2013, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. K. Following the public hearing, the Council adopted Resolution No. 13 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council, in approving the Project hereby finds, determines and declares that: General Plan A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan; This application is accompanied by a Development Plan for an apartment complex and a Zone Change to amend the existing PDO -11. The General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. The proposed design provides for a higher density, lower cost multi -family residential alternative that assists in providing for a variety of densities to accommodate existing and future housing needs in the City while enhancing the neighborhood through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood, thereby promoting the goals of the General Plan to provide for a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula (Housing Goal 1; Housing Policy 1.1 and 1.2), to provide a land use pattern that protects and enhances residential neighborhoods (Land Use Goal 5; Policy 5.1), and to preserve and enhance the positive qualities of individual neighborhoods (Community Design Goal 3; Policy 3.1 and 3.2). The project design is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The proposed amendment will not have an impact on the character of the surrounding area; The proposed General Plan Amendment will not have an impact on the character of the surrounding area because it has been designed to better integrate with the surrounding area, which includes High Density Residential (H) development to the north and to the west, than the previously approved design. The proposed design achieves better integration with the surrounding area through the elimination of the extensive use of retaining walls required for the single-family project and the provision of more open areas between buildings, resulting in a development that is more aesthetically compatible with its surroundings and that better integrates into the surrounding community, and through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood. Zone Change C. The proposed Zone Change is consistent with the land use designation in which the use is located, as shown on the Land Use Map, General Plan and Development Code. The proposed Planned Development Overlay Amendment is consistent with the proposed land use designation for the property. The proposed General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. Section 3. The City Council hereby amends the existing General Plan on file with the City of Temecula City Clerk's office and approves the proposed amendment to Planned Development Overlay -11 (PDO -11) and adopts Sections 17.22.220 through 17.22.234 including the PDO -11 Text and Development Standards in the form attached to this Ordinance as Exhibit A. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 13- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of January, 2013, 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 Rancho Vista Village City of Temecula PLANNED DEVELOPMENT OVERLAY INLANE COMMLJrJm 5 CORP DEVELOPER: INLAND COMMUNITIES CORPORATION ARCHITECT: HANNOUCHE ARCHITECTS LANDSCAPE ARCHITECT: DAVID NEAULT & ASSOCIATES CIVIL ENGINEER: VSL ENGINEERING PR11-0023 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY TABLE OF CONTENTS 17.22.220 TITLE 3 17.22.222 PURPOSE 3 17.22.224 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS 3 17.22.226 USE REGULATIONS .3 17.22.228 SUPPLEMENTAL DESIGN AND SETBACK STANDARDS 4 17.22.230 PROJECT SETTING 4 A. Setting and Location 4 B. Existing Site Conditions .4 C. Surrounding Land Uses and Development 5 17.22.232 ARCHITECTURAL DESIGN GUIDELINES 6 A. Design Style 6 B. Articulation of Design Facades 6 C. Streetscape 9 D. Massing and Scale 9 E. Roof Planes ..9 F. Walls and Fences .9 G. Lighting 11 H. Parking 12 I. Trash Enclosures 12 17.22.234 LANDSCAPE DESIGN STANDARDS 13 A. Landscape Elements 13 B. Entry Monument 15 C. Private Recreation Facility 16 12/18/2012 Page 2 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY 17.22.220 TITLE Section 17.22.220 through 17.22.234 shall be known as "PDO - 11" (Rancho Vista Village Planned Development Overlay District) 17.22.222 PURPOSE The Rancho Vista Village Planned Development Overlay District (PDO -11) is intended to meet the high density Multi -Family Residential criteria contained in the Land Use Element of the General Plan. Typical housing types may include townhouses, stacked dwellings and apartments with a density range of 13 — 20 du per acre. 17.22.224 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS A) The permitted uses for the Rancho Vista Village Planned Development Overlay District are described in Section 17.22.226. B) Except as modified by the provisions of Section 17.22.228 the following rules and regulations shall apply to all planning applications in this area. 1. The Citywide Design Guidelines that are in effect at the time of application is deemed complete. 2. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. 17.22.226 USE REGULATIONS The Rancho Vista Village Planned Development Overlay district (PDO -11) located along Mira Loma Drive and Rancho Vista Road is intended to provide for the Multi - Family Apartment Development of 120 Units on 7.24 gross acres with a density of 16.6 du/ac. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common space, private recreation and develop a common community theme. The project will provide housing opportunities consistent with the City's General Plan Policies in response to the local market demands and will 12/18/2012 Page 3 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods. 17.22.228 SUPPLEMENTAL DESIGN AND SETBACK STANDARDS The Multi Family component shall comply with the development standards set fourth in Table 17.22.228. Table 17.22.228 Rancho Vista Village Planned Development Overlay District Residential Development Standards PDO -11 AREA Site Acreage 7.24 gross / 6.27 net Maximum number of dwelling units per acre 20 Units per acre target 16.6 du/acre net BUILDING SETBACKS Minimum building separation 16 ft. at first floor. 18 ft. at second and third floors Minimum Front setback 20 ft. Minimum Rear setback 20 ft. Minimum Side setback 15 ft. OTHER REQUIREMENTS Maximum height 45 ft. Minimum Open space Required 25% Private open space per unit 50 sq.ft. Minimum 17.22.230 PROJECT SETTING A. Setting and Location The Rancho Vista Village Project is comprised of 7.24 gross acres located on Mira Loma Drive on the north side of Rancho Vista Road. A conservation channel runs adjacent to the eastern boundary of the project site. Mira Loma Drive is a loop road, which borders the project from the northern boundary and continues on the west. 12/18/2012 Page 4 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY B. Existing Site Conditions The property consists of vacant land with and an existing small asphalt parking lot. The elevation of the property is lower than the surrounding Rancho Vista Road and Mira Loma Drive. C. Surrounding Land Uses and Development A conservation channel runs along the eastern edge of the project. Vail Elementary School is located along the southeast portion of the channel. The northeast edge is bordered by single-family housing (Low -Medium Density). Located on the north and west of the project site are apartment dwellings (High Density). 12/18/2012 Page 5 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY 17.22.232 ARCHITECTURAL GUIDE LINES A. Design Style The design of the project site shall comply with the City's Municipal Code Requirements (Residential performance standards — Section 17.06.070(A, C & D) and Citywide Design Guidelines). The purpose of residential architectural guidelines is to provide guidance for the development of the Rancho Vista Village Project Site. 1. Site plan elements that shall be considered to produce a great neighborhood include. a. Street Trees b. Pedestrian Connectivity c. Building Placement d. Recreation Amenities e. Open space preservation 2. Architectural elements / concepts that shall be considered to create a quality neighborhood include. a. Articulation of building forms in a horizontal and vertical plane b. Using Design elements to balance the overall building scale c. Varied roof forms and elements d. The use of various color palettes and building materials e. Building materials/design to reflect architectural styles B. Articulation of Design Facades 1. The building design shall incorporate 360 -degree architecture. The use of elements such as overhangs, trellises, and secondary building materials will be used to lend character to the building. 2. Architectural elements that add interest and character, such as arches, alcoves, balconies, and recessed windows shall be provided. 3. High quality material shall be used to create a look of permanence within the project. Variations in color and material will be used in order to create interest and reduce a monotonous appearance. 12/18/2012 Page 6 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY B. Articulation of Design Facades (cont.) 4. Color palettes will be selected per design style. Colors chosen for trim, windows, doors and architectural elements shall complement the exterior finish material. 5. Fixtures and finishes will be selected for their contribution to the overall theme of the development. 6. The selected architectural styles for this project have been determined to be: Spanish Colonial and Tuscan. SPANISH COLONIAL 'L': �'�r L'C' ` ''e'• yµ�l�ila: �EI��±A�►�,�,�Yg4:ts. i1 111WMIC4 inn — — Ittati■ ■■I ■rn� u.r 143�!I !ilk «til 1 •-sq�I4� V. STYLE ELEMENTS: • Simple stucco plaster finish with arched design elements • Balconies with metal railings • Decorative iron details on exterior elevations • Simulated wood header and corbel detailing • Wood shutters • Predominantly hip roofs with Concrete 'S' Tile Roofs • 18" Eaves • Garage door patterns to compliment the style 12/18/2012 Page 7 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY TUSCAN STYLE ELEMENTS: • Simple stucco and manufactured stone exterior finish • Balconies with metal railings • Stucco covered window plant shelves • Wood shutters • Predominately hip forms with gables at projecting elements. • 18" Eaves • 12" Rakes • Garage door pattern to complement the style. 12/18/2012 Page 8 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY C. Streetscape and Street Design The streetscape shall be designed in a manner to create a visually interesting community. Landscaping, setbacks, building orientation, recreation features with Spanish Colonial and Tuscan type building designs shall be used to avoid a monotonous appearance. Also see page 18 of this P.D.O. for street cross sections. 1. The interior street has a minimum width of 24'-0" with a clear travel width of 24'-0". This street provides circulation for the residents, emergency services and trash collection. Residents also have access to their garages and entries from the street. The design shall incorporate adequate radii and clearance for emergency vehicle access. D. Massing and Scale The use of a variety of shapes and forms including architectural projections, such as roof overhangs or stepped facades which provide contrast with vertical walls, and chimneys shall be used to avoid box -like design. Excessive mass and bulk of the roof area shall be broken up into smaller areas that reduce the apparent scale of the house and provide visual interest. This shall be accomplished by varying the height portions of the roof, varying the orientation of the roof, and by using gables, and hip roofs. E. Roof Planes Varying roof forms/changes in roof plane shall be used to minimize a flat, repetitious plane. Multiple rooflines can be used to create a visually appealing silhouette and will be considered when the building elevations are visible from a public street. F. Walls and Fences Decorative walls, yard walls, and fencing should be designed to integrate with the architectural style of the buildings as well as the landscape design. Materials and finishes will complement the project's overall theme. 1. Perimeter fencing to be vinyl post and rail type. 2. Pool fencing to be 5'-0" high tubular steel type. 12/18/2012 Page 9 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY F. Walls and Fences (cont.) Ol SPLILFACE BLOCK PILASTER ® MAIN CORNERS, COLOR TO BE TAN' O TUBULAR STEEL POST 0 8'-0" O.C. MAX. 0 TUBULAR STEEL PICKETS Q4 P.I.P. CONCRETE PILASTER CAP p5 FINISH GRADE 5' TUBULAR STEEL POOL FENCE SCALE: 2' = 1'-0" O VINYL POST Q VINYL RAILING 0 FINISH GRADE 3 RAIL VINYL FENCE SCALE: ' = l'-0" 12/18/2012 Page 10 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY G. Lighting 1. Lighting shall be consistent with the Mount Palomar Lighting Ordinance. The lighting should not be so intense that it calls attention to the project site. Timers and sensors shall be used to avoid unnecessary lighting. 2. Lighting should be low -voltage / high efficiency when possible. 3. Flashing, moving, high intensity or exposed light source type luminaries are not permitted. 4. Exterior lighting design shall address the issue of security. Parking areas, walkways and building entrances should be well lit for security and safety. 5. Exterior lighting should have a variation of fixtures and illumination levels to define the organization of streets, walkways and community facilities. 6. Neon and similar types of lighting are prohibited per Mount Palomar 7 Maximum 26 watt fluorescent lighting to be used. Minka Group 8212 -61 -PL (Garage) Minka Group 8217 -61 -PL (Entry) 12/18/2012 Page 11 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY Kim Lighting — Era Bell (Pedestrian & Parking Area) H. Parking Kim Lighting — Low Level Luminaire Parking requirements for the project site shall comply with the following: 1. Covered Parking: 1 Covered parking space for each 1 Bedroom (or less) Units and 1 Covered parking space for each 2 Bedroom Units. 2. Uncovered Parking: 0.3 uncovered parking space for 1 Bedroom (or less) Units and 0.6 uncovered parking space for 2 Bedroom Units. 3. Tandem Parking: Tandem parking is permissible. 4. Motorcycle Parking: 1 Uncovered parking space for every 25 required regular open parking spaces. 5. Guest Parking: 1 Guest parking space/8 Units. I. Trash Enclosures Trash enclosure areas should be carefully designed, located and integrated into the site plan. 12/18/2012 Page 12 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY I. Trash Enclosures (cont.) 1. Trash / recycling containers should be large enough, placed frequently enough throughout the site and collected frequently enough to handle the refuse generated. 2. Trash enclosures should be designed with similar finishes, materials and detailed as the preliminary buildings within the project and shall be screened with landscaping. TRASH ENCLOSURE 17.22.234 LANDSCAPE DESIGN STANDARDS A. Landscape Elements Landscaping of the project shall conform to Sections 17.06.060 (Residential Districts, Landscape Standards) and 17.32 (Water -efficient Landscape Design) of the City's Municipal Code. Landscape plans shall be required as part of the Development Plan for the project and shall include the following: 1. The landscape design of the project consists of a combination of water efficient, drought -tolerant plant material to reduce water demand. 12/18/2012 Page 13 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY A. Landscape Elements (cont.) 2. Streetscape landscape for the major streets, Mira Loma Drive and Rancho Vista Road shall, be planted with minimum 24" box specimen size street trees spaced at 45'-0" o.c. spacing (maximum) with combination of 15 and 5 gallon shrubs and ground cover. Fifteen -gallon hedge shrubs will be spaced to adequately provide fence type screening along the public right-of-way line. Flowering ground cover will be provided to fill any voids in the streetscape landscape. 3. Project entry at "A" Street shall include project entry wall to match architectural style of the project as well as 36" box specimen trees, minimum size evergreen flowering variety and combination of fifteen gallon, five gallon and one gallon shrubs in an interesting design pattern to provide visual interest at the entry. 4. Common Area slope shall be provided with landscape and with appropriate trees, shrubs and ground cover to provide erosion control to meet the requirements of the City's Municipal Code. All slope banks greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate plant material for erosion control and to soften their appearance as follows: i. One fifteen gallon or larger tree per each six hundred square feet of slope area. ii. Five gallon or larger shrubs for each one hundred square feet of slope area. iii. Appropriate ground cover, minimum spacing of 12" o.c. from flat size container. iv. Slope banks in excess of eight feet in vertical height with slopes greater or equal to 2:1 shall also provide one five gallon or larger tree per each one thousand square feet of slope area in addition to the other requirements of this section. v. Slopes adjacent to open space to be planted with non-invasive species. vi. Drip irrigation shall be provided in all areas where spray Irrigation is not necessary. Overhead irrigation shall not be permitted within 24 inches of non -permeable surfaces. 12/18/2012 Page 14 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY A. Landscape Elements (cont.) vii. Turf areas shall be used for functional needs only and are not to be less than 8 feet wide. Subsurface drip irrigation is required where turf is within 24 inches of any non -permeable surfaces. High efficiency overhead spray is allowed behind the 24 inch wide area. B. Entry Monument The project entry and site amenities will complement one another and reflect the overall architectural theme of the project. The use of pilasters, special paving treatments and landscaping will be used to create an easily identifiable entryway. ACCENT TREE'S WOOD OVERHEAD W/ IRON SIGNAGE STONE VENEER COLUMNS SEAT WALL PROJECT SIGNAGE MONUMENT -- COLORFUL PLANTING 12/18/2012 Page 15 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY C. Private Recreation Facility The Recreation Center shall be an active facility to provide a family oriented center including the development of a child tot lot with special play equipment structure. The center shall include a recreational pool with generous pool activity area for social functions. A minimum 20 percent of the recreation area shall be landscaped with a combination of trees, shrubs and ground cover. CLUB HOUSE STYLE ELEMENTS: • Simple stucco and manufactured stone exterior finish • Wood shutters • Predominately gable roofs with hip forms at projecting elements. • 18" Eaves 12/18/2012 Page 16 RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY a. SWOP, Pal PIA PP, PO,PEOPIP 1514.0 /1.1.1/OPP POOP PPP “Poal SIP Pa MIMICRY IT COOP OM r. pi MOM .,..7 ti Qprtin ;477722•317107 Pa MC .34 ((1 Cfll11At %AMI I (GEM) itltlE'.f1Y1E C4w'tlWlt mlII Year, 221 • tiw caner '6L�ld� .55.:01. a.�u` • a. wa.ror aadws Iewa. ret .sw yw. tyaenn..ar.�y OM Mr - 5 TUBO AR 5 EEL POOL FENCE 3 RAIL SCAS[ = : I. -Cr t • Hurn AC:,A tO.D _ANDSCAPE CONCEPT PLAN FOR: RANCHO VISTA VILLAGE INLAND COMMUNITIES SHEET 1 OF 3 OVERALL SITE PLAN 9 CITY OF TEMECULA =—=—!. RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY PROJECT SIGNAGE MONUMENT PLAN VIEW 1/8'•=1.47' Sint' SECTION AT RANCHO VISTA ROAD SM. KNEES COasis5 ict,.4444kiow. „ it A WE, Nu4 - COLWE LPLEA l PROJECT SIGNAGE MONUMENT ELEVATION 1/4"=1 f`. PICNIC AREA WRH SHELTER RECREATION FA( • LANDSCAPE CONCEPT PLAN FOR: RANCHO VISTA VILLAGE INLAND COMMUNITIES 1- • 10,-0' RCOLFENCE OPE MAFIOSO POOL opts POOL YNIER COARSE SECTION AT STREET V 1/8._. SHEET 2 OF 3 SECTIONS. ELEVATIONS AND ENLARGEMENTS CITY OF TEMECULA RANCHO VISTA VILLAGE PLANNED DEVELOPMENT OVERLAY TYPICAL INTERIOR LANDSCAPE PLANTING PLAN I" = Io. 04CWRIAL PLANT LEGEND - TYPCAL INTERIOR PLANTING 1111ADIQUILAY ide.16 ISSISIDEBEDINII OM= on. Goo ......... *Mt 10•0•00C,...... cm. omo sc.. COMONOOMMIC.= =ma COW. 00.....a MM. ...0040.0.1. 0........ ABS DBE VA= 100.. =I= 10.404 0.03. 10. MM. Wow maw =Go a...4MS 10. <0610MICOL. 1.01. 0.0MIGOG .00 0.00.01,10C. nom mm. cm= m owe • • maw SIDENIALX PATIKAG STALL S TYPICAL PERIMETER SLOPE PLANTING PLAN I". 10,0" 21111•211M11 IN=16 &CM= NM fm,c.M WM. Cm. 01•1= MR= 1C. ......... =mom Gm. MG .... .......= COG .......... Om. MG ...... LEL19911=2611. IMMOMM. =ea= CAW= =I= MO. 0.00 CWOG SHEET 3 OF 3 TYPICAL PLANTING ENLARGEMENTS _ANDSCAPE CONCEPT PLAN FOR: RANCHO VISTA VILLAGE CITY OF TEMECULA INLAND COMMUNITIES RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE RANCHO VISTA VILLAGE APARTMENTS LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PA12-0033) (APN 944-060-006) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0024, a General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0024, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 14, 2012 through October 14, 2012 for a 30 -day public review. 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. E. On October 17, 2012, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on October 17, 2012, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA12-0033, Development Plan, and PA12-0024, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO -11). H. On November 13, 2012, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. The City Council, at this hearing, directed the applicant to add public amenities in the form of a public pedestrian/bicycle trail along the eastern edge of the property and directed staff to make additions to the environmental Initial Study and to recirculate the Initial Study. I. A revised Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from December 12, 2012, through January 11, 2013, for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Development Services, located at City Hall, 41000 Main Street, Temecula, California 92590. J. On January 22, 2013, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. K. Following the public hearing, the Council adopted Resolution No. 13 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Development Plan application hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Rancho Vista Village Apartments project is consistent with the land use standards contained in the proposed PDO -11 Amendment. The project is also consistent with the High Density Residential (H) land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the Rancho Vista Village Apartments, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Conditions. The City Council of the City of Temecula approves Planning Application No. PA12-0033, Development Plan, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of January, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA12-0033 Project Description: A Multi -family Residential Development Plan to construct 120 apartment units on a 7.24 acre site located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Assessor's Parcel No.: 944-060-006 MSHCP Category: Residential (Greater than 14.1 DU) DIF Category: Residential — Attached TUMF Category: Residential — Multi -Family Quimby Category: Multi -Family Approval Date: January 22, 2013 Expiration Date: January 22, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand One Hundred and Sixty -Five Dollars and Fifty Cents ($2,220.25) which includes the Two Thousand One Hundred and One Dollars and Fifty Cents ($2,156.25) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has riot delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. This project and all subsequent projects within this site shall be consistent with Planned Development Overlay -11 (PDO -11). PL -7. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Mitigated Negative adopted for PA12-0033 and PA12-0034. PL -8. A separate building permit shall be required for all signage. PL -9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -10. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -11. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -12. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL -13. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Scheme 1 — Spanish Colonial MATERIAL COLOR Stucco 16120 sand finish; to match Sherwin- Williams SW7004 Snowbound Stucco Accent Sherwin Williams SW6101 Sands of Time Fascia, rafter tails, wood trim, French Sherwin Williams SW6083 Sable doors and garage doors Shutters Sherwin Williams SW6507 Resolute Blue Wrought Iron Sherwin Williams SW6258 Tricorn Black Roof Tile Scheme 2 — Tuscany Eagle Capistrano — Hilo Sunset 3124 MATERIAL COLOR Stucco 1 16/20 sand finish; to match Sherwin- Williams SW6113 Interactive Cream Stucco 2 16/20 sand finish; to match Sherwin Williams SW6114 Bagel Stucco 3 16/20 sand finish; to match Sherwin Williams SW6115 Totally Tan Stucco 4 16/20 sand finish; to match Sherwin Williams 6116 Tatami Tan Stucco Accent Sherwin Williams SW6101 Sands of Time Fascia, rafter tails, wood trim, French Sherwin Williams SW6069 French doors and garage doors Roast Shutters Sherwin Williams SW6152 Superior Bronze Stone El Dorado Umbria Fieldledge Roof Tile Eagle Capistrano — Sunrise Blend 3645 Brick NcNear Sandmold — Kilburn 3645 PL -14. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL -15. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Planning Director. PL -16. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -17. The applicant shall comply with the Public Art Ordinance. PL -18. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities and on-site lighting shall be maintained by the property owner or maintenance association. PL -19. All costs associated with the relocation of any existing streetlights shall be paid for by the developer. PL -20. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. Prior to Issuance of Grading Permit(s) PL -21. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. PL -22. Double detector check valves shall be installed internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Planning Director. PL -23. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -24. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. PL -25. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. PL -26. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. PL -27. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. PL -28. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. PL -29. All sacred sites are to be avoided and preserved. PL -30. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre -grading meeting with Public Works. PL -31. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Department approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL -32. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL -33. The applicant shall submit a photometric plan, including the parking lot, drive aisles and pedestrian paths, to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. PL -34. Four copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -35. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. PL -36. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verity that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -37. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -38. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -39. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL -40. Specifications of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verity that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -41. Automatic irrigation shall be installed for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property. PL -42. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, it shall be temporarily landscaped and irrigated for dust and soil erosion control. PL -43. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the materials for all walls and fences. PL -44. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -45. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL -46. Roof -mounted mechanical equipment shall not be permitted within the subdivision unless designed so that the equipment is not visible from the public right-of-way; however, solar equipment or any other energy saving devices shall be permitted with Planning Director approval. PL -47. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three- foot clear zone around fire detector checks as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. PL -48. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape to match the style of the buildings, subject to the approval of the Planning Director. PL -49. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. PL -50. Prior to the first building permit or installation of additional streetlights, whichever occurs first, the developer shall complete the Temecula Community Services District application, submit an approved Edison Streetlight Plan, and pay the advanced energy fees. PL -51. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in -lieu fees equivalent to 1.17 acres of parkland, based upon the City's then current land evaluation. Said requirement includes a 20% credit for private recreational opportunities provided and shall be prorated at a per dwelling unit cost per residential building permit requested. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -52. An applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL -53. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -54. Performance securities, in amounts to be determined by the Planning Director, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Director, the bond shall be released upon request by the applicant. PL -55. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PL -56. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL -57. All site improvements including but not limited to parking areas and striping shall be installed. PL -58. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL -59. Per Municipal Code Chapter 17.30, "Smoking in Multi -Unit Residences," the Developer shall submit a site plan to the City for review and approval, designating a minimum of 25 percent of the units within the project as non-smoking units. OUTSIDE AGENCIES PL -60. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated March 13, 2012, a copy of which is attached. PL -61. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated December 29, 2011, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code,2010 California Energy Codes, 2010 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-3. 2010 California Green Building Standards Provide 10% Voluntary Measures on project. B-4. Provide details of all applicable disabled access provisions and building setbacks on plans. B-5. All ground floor units to be adaptable. B-6. Provide disabled access from the public way to the main entrance of the building. B-7. Provide van accessible parking located as close as possible to the main entry. B-8. Show path of accessibility from parking to furthest point of improvement. B-9. Show path of travel from public right way to all public areas on site ( club house, trash enclose tot lots and picnic areas B-10. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and aimed riot to shine directly upon adjoining property or public rights-of-way. B-11. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B-12. Obtain all building plans and permit approvals prior to commencement of any construction work. B-13. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-14. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. B-15. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. B-16. Provide an approved automatic fire sprinkler system. B-17. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B-18. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-19. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2010 edition of the California Building Code. B-20. Provide precise grading plan to verify accessibility for persons with disabilities. B-21. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B-22. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-23. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration (CFC Appendix B and Temecula City Ordinance 15.16.020). F-3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and offsite 6" x 4" x 2-2 1/2" outlets on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrants in the system (CFC Appendix C and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) F-4. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5 and City Ordinance 15.16.020). F-5. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). F-6. The gradient for fire apparatus access roads shall riot exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020). F-7. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). F-8. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) F-9. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 14 and Chapter 5). F-10. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. F-11. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-12. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). F-13. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Multi -family residential buildings shall have a minimum of 12 - inch numbers with unit numbers being a minimum of six inches in size (CFC Chapter 5 and City Ordinance 15.16.020). F-14. A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. F-15. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). F-16. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). F-17. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD -1. Applicant shall ensure any landscaping surrounding buildings is kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to prevent would-be intruders from breaking into the buildings utilizing lower level windows. PD -2. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. PD -3. Any berms shall not exceed three feet in height. PD -4. Applicant must comply with the standards of title 24 part 6 of the California code of regulations, for residential standards, refer to publication CEC-400-2008-016-CMF- REV-I. PD -5. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. PD -6. All exterior lighting shall be in compliance with Riverside County Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -7. All exterior entries shall have a vandal resistant light fixture installed to illuminate the entry area. The entry area shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -8. All entry doors shall have a peephole or viewer or other means of viewing the entire entry area. PD -9. All lighting affixed to the exterior of buildings shall be vandal resistant, wall mounted light fixtures. PD -10. All exterior doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -11. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. PD -12. Any roof hatches shall be painted "International Orange." PD -13. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. PD -14. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD -15. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -16. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. g. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD -17. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business and residential security surveys, to schedule an appointment contact the unit at (951) 506-5132. PD -18. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PUBLIC WORKS DEPARTMENT General Requirements PW -1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW -2. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City -maintained street right-of- way. PW -3. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right- of-way. PW -4. All improvement plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. PW -5. The project shall include construction -phase pollution prevention controls into the design of the project to prevent non -permitted runoff from discharging off site or entering any storm drain system or receiving water during all field -related activities. PW -6. A Water Quality Management Plan (WQMP) must be conceptually accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered civil engineer and include Low Impact Development (LID) Best Management Practices (BMPs), source controls, and treatment devices. PW -7. All onsite drainage and water quality facilities shall be privately maintained. Prior to Issuance of Grading Permit(s) PW -8. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Army Corps of Engineers c. California Department of Fish and Game PW -9. The Water Quality Management Plan (VVQMP) must receive final acceptance by the City prior to issuance of any grading permit. PW -10. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW -11. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW -12. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. PW -13. The developer shall have a Drainage Study prepared by a registered civil engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the developer. PW -14. Construction -phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW -15. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number ((DID) issued by the State Water Resources Control Board (SWRCB), the project's Risk Level (RL) determination number, and name and contact information of the Qualified SWPPP Developer (QSD). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW -16. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. PW -17. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. PW -18. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. PW -19. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. PW -20. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. PW -21. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. Prior to Issuance of Building Permit(s) PW -22. The developer shall construct all public improvements outlined in these conditions to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works. a. Improve Rancho Vista Road (Secondary Highway Standards - 88' RM() to include installation of street lights and utilities (including but not limited to water and sewer). b. Improve Mira Loma Drive (Collector Road Standards - 66' RM[) to include installation of street lights and utilities (including but not limited to water and sewer). PW -23. The developer shall construct all public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works including street improvements, which may include, but not limited to, pavement, curb and gutter, sidewalk, drive approaches; streetlights, signing, striping, sewer and domestic water systems; under grounding of proposed and existing utility distribution lines; and storm drain facilities. PW -24. A construction area Traffic Control Plan shall be designed by a registered civil or traffic engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PW -25. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered civil engineer, and the soil engineer shall issue a Final Soil Report addressing compaction and site conditions. PW -26. The developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. PW -27. The developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of Certificate of Occupancy PW -28. The project shall submit a completed WQMP Operation and Maintenance (O&M) Agreement that must include the owner's notarized signature, proof of recordation with the County Recorder's Office, and all maintenance procedures for each of the structural treatment control Best Management Practices (BMPs) outlined in the WQMP. PW -29. The project shall demonstrate that the structural treatment control BMPs outlined in the Water Quality Management Plan (WQMP) have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW -30. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW -31. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Department of Public Works. PW -32. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW -33. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. COUNTY OF RIVERSIDE • COMMUNITY HEALTH AGENCY DEPARTMENT F ENVIRONMENTAL HEALTH March 13, 2012 City of Temecula Planning Department Attn: Cheryl Kitzerow, Project Planner P.O. Box 9033 Temecula, CA 92589 SUBJECT: PA#12-0033 —MIRA LOMA APARTMENTS DP/ME (ASSESSORS PARCEL NUMBER#944-060-006) Dear Ms. Kitzerow: In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH offers the following comments for the project referenced in the subject heading of this letter: POTABLE WATER AND SANITARY SEWER SERVICE This project shall be required to obtain potable water service and sanitary sewer service from Rancho California Water District (RCWD). A "Will -Serve" letter shall be required for water and sewer service from RCWD prior to the approval of this planning case. ENVIRONMENTAL ASSESSMENT (EA) — PHASE I An Environmental Assessment Phase I Study shall be required prior to the approval of this planning case to determine whether any chemicals and/or pesticides were used on the property, the location of use, and any possible lingering negative effects. This condition requires the applicant to compile sufficient information about the property and land uses to aid the Department in making a determination of whether additional investigation is needed. Please note that the Environmental Assessment process serves to protect public health and welfare by lessening the change of hazardous or toxic substances remaining on the property and interfering with safe land use. For further information, please contact the Environmental Cleanups Program at (951) 955-8982. Agency 12.8C FAX (9 09) 731 +h s, 4f.)M Lel 3t; . t ::r. 9th a icor, `-5 898{; 4 FAX (90% 955-8903 • 4080 Lemon Strrec. 2nd Floor. } iv -A 9250] CA 92501 Cheryl Kitzerow, Project Planner City of Temecula March 13, 2012 FOR ANY PROPOSED PUBLIC OR SEMI-PUBLIC SWIMMING POOL/SPA A set of three (3) complete plans for the swimming pool/spa must be submitted to DEH prior to the issuance of any building permit to verify compliance with the California Administrative Code, the California Health and Safety Code, and the Uniform Plumbing Code. Public or Semi-public Swimming Pool/Spa plans should be submitted to: • Department of Environmental Health, District Environmental Services, Murrieta 38740 Sky Canyon Drive. Suite A, Murrieta CA 92563 Attention: Plan Check (951) 461-0284. Plan Check fees are required. HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB): The facility shall require a business emergency plan prior to the final of any building permit for any storage of hazardous materials, including swimming pool/spa chemicals, that is greater than 55 gallons, 200 cubic feet or 500 pounds, or for any acutely hazardous materials or extremely hazardous substances. Moreover, the facility will require a hazardous waste permit if hazardous waste is generated as defined in Title 22 of the California Code of Regulations, Section 66260.10 and 66261.3. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. For further information, please contact HMMB at (951) 358-5055. If you have any questions regarding this letter please contact me at (951) 955-8980. Michael Mistica, MBA, REHS Environmental Protection and Oversight Division Land Use / Water Resources Program 2 Ranch© Water I:an:react. NI, C.ibcu John F. Clang in Si. 'i tie Pr.s: er: Sk- tseue J. Cornttn Caen ft. Drake Lisa B. Herman wink,. m E. Phminicr Rettat d (', ti#:nruinceit/ NI:Mhos G. Stone Gecrer.=.l :l anis_ r itieliard S. Williamson, P.E. ..sistan:;i fi Geral tar Jeffrey D. Armstrong (min..i (•);Aider Tr, N. Craig Eaitharp. P.E. i?i?crnar m' (nicrrt;u;ts klainitmance Perry Ct. tuck t'nreetur..ri Ttaanir: Andress L. 14 el) C hii:i lia :iaosr I\e li E„ C;;ireia .lames IL Gilpin Mist Best & Krieger LLP knoiti December 29, 2011 Richard Valdez VSL Engineering 31805 Temecula Parkway Suite 129 Temecula, CA 92592 SUBJECT: WATER AVAILABILITY MIRA LOMA APARTMENTS, MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PARCEL NO. 3 OF PARCEL MAP NO. 21014); APN 944-060-006 [MIRA LOMA RECOVERY, LLC] Dear Mr. Valdez: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD). The subject project/property fronts an existing 8 -inch diameter water pipeline (1380 Pressure Zone) within Mira Lorna Drive and an existing 12 -inch diameter water pipeline within Rancho Vista Road (1380 Pressure Zone). Water service to the subject project/property exists under Account No. 0103- 430003 (vacant long term status). Additions or modifications to water service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Where private (on-site) facilities are required for water service, fire protection, irrigation, or other purposes, RCWD requires recordation of a Reciprocal Easement and Maintenance Agreement for such on-site private facilities, where private on-site water facilities may. cross (or may he shared amongst) multiple lots/project units, and/or where such `common' facilities may be owned and maintained by a Property Owners' Association (proposed now or in the future). Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is contingent upon the timing of the subject project/property development relative to water supply shortage contingency measures (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances), and/or the adoption of a required Water Supply Assessment, as determined by the Lead Agency. itancho California %\at,r i}ittrier l Letter to Richard Valdez December 29, 2011 Page Two There is no recycled water currently available within the limits established by Resolution 2007- 10-5. Should recycled water become available in the future, the project/property may be required to retrofit its facilities to make use of this availability in accordance with Resolution 2007-10-5. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Please note that separate water meters will be required for all landscape irrigation. Sewer service to the subject project/property, if available, would he provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board and/or the basin plan objectives and the permit conditions issued by the appropriate Regional Water Quality Control Board. If you should have any questions or need additional information, please contact an Engineering Services Representative at this office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 'FL -eV -6; Lillian R jkovich Engineering Services Representative cc: Corey Wallace, Engineering Manager -Design Warren Back, Engineering Manager -Planning Ken Cope, Construction Contracts Manager Corry Smith, Engineering Services Supervisor 11 \LR1m042\F450 \FEG Ranch(, California Water District 421:35 Wiachestcr Road • r'oa Office Vox yni 7 • Tensa ,.la, C,.6, t.1 925S9.90 W-d'lt .t'ft): i1I r:a 1 • 01511 296- .)011 • :;l\(951) 296-6 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (APN 944-060 -006) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA") D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 17, 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. F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 17, 2012 public hearing and, based on the whole record before it, found that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Section 2. CEQA Findings. The City Council hereby finds, determines and declares that: A. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the November 12, 2012 public hearing. The City Council, at this hearing, directed the applicant to add pubic amenities in the form of a public pedestrian/bicycle trail along the eastern edge of the property and directed staff to make additions to the environmental Initial Study and to recirculate the Initial Study. B. A revised Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from December 12, 2012, through January 11, 2013, fora 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Development Services, located at City Hall, 41000 Main Street, Temecula, California 92590. C. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the January 22, 2013 public hearing, and makes these findings based on the whole record before it. D. The Mitigated Negative Declaration and Mitigation Monitoring Program were prepared in compliance with CEQA. E. There is no substantial evidence that the Project will have a significant effect on the environment. F. Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. The documents and analysis on which this determination is based are and have been on file in the Office of the Planning Department of the City of Temecula located at 41000 Main Street, Temecula, California 92590. Section 3. Approval of Mitigated Negative Declaration and Mitigation Monitoring Program. Based on the findings set forth in the Resolution, the City Council hereby approves the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for this Project. G. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for this project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of January, 2013, 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 P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Rancho Vista Village; SCH# 2012091020 Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Stuart Fisk, Senior Planner; (951) 506-5159 Located at the northeast corner of Mira Loma Drive and Rancho Vista Road, Temecula Project Location Project Sponsor's Name and Address Jim Ahmad; Inland Communities Corp 1635 N. Cahuenga Blvd, Suite 465 Los Angeles, CA 90028 General Plan Designation Medium Density Residential Zoning Mira Loma Planned Development Overlay District -11 (PDO -11) PA12-0034, a General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential and a Zoning Text Amendment to revise the text for Planned Development Overlay - 11 (PDO -11); and PA12-0033, a Development Plan to construct 120 apartment units on a 7.24 acre site. Description of Project Surrounding Land Uses and Setting The project site is surrounded by residential development including several single-family residences, apartment buildings, and an elementary school (Vail Elementary) that is located to the east of the project site. The site has a steep slope below Mira Loma Drive and flattens out for the majority of the project site. Elevation ranges from approximately 1,095 to 1,144 feet above mean sea -level. A small drainage feature occurs adjacent to the project site along the northeastern boundary of the project site. Surrounding General Plan land use designations include High Density Residential to the north and to the west, Low -Medium Residential to the south, and Open Space, Public/Institutional and Low -Medium Residential to the east. None Other public agencies whose approval is required STN %w , \ ] ,�• I \ YO 860 1.700 3.400 t G:\PLANNING\20121PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 1 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 Noise Air Quality Population and Housing Biological Resources Public Services Greenhouse Gas Emissions Recreation Cultural Resources Transportation and Traffic Geology and Soils Hazards and Hazardous Materials X Utilities and Service Systems Mandatory Findings of Significance Hydrology and Water Quality Land Use and Planning None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X 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. Stuart Fisk Printed Name /27/(Z// Z_ Date City of Temecula For G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 2 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 X a Have a substantial adverse effect on a scenic vista? b Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic hi•hwa ? X c Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare which would adversel affect da or ni•httime views in the area? X X d Comments: 1.a. -c. No Impact: The proposed project is not located on or near a scenic vista; therefore, there will not be an adverse impact on a scenic vista. The project site is not located on a scenic highway. The project site consists of undeveloped land covered with vegetation and a small area of asphalt from what was a parking area for a small school (The Carden Academy). Existing vegetation includes wild grass, mature trees, and shrubbery. Topographically, the property is sloped downward to the northeast with steep banks along the southern and western boundaries. The elevation of the property is generally lower than surrounding Rancho Vista Road and Mira Loma Drive. Therefore, the proposed project would not substantially damage scenic resources, including trees, rock outcroppings or historic buildings. Due to the fact that the project site contains no scenic vistas or resources, the project would not substantially degrade the existing visual character or quality of the site and its surroundings. No impact is anticipated as a result of the proposed project. 1.d. Less than Significant Impact: The majority of the proposed project site is currently vacant with no sources of light or glare. The proposed project will introduce new generators of light and glare typically associated with residential development. The City of Temecula requires all new development to comply with the Mount Palomar Lighting Ordinance (Ordinance 655). Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties, and emit low levels of glare into the sky. Lighting issues are addressed during the City's plan review and inspection process, and impacts resulting from the project are anticipated to be less than significant. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 3 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 Significant With Mitigation Incorporated Less Than Significant Impact No Impact X 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? Conflict with existing zoning for agricultural use, or a Williamson Act contract? b 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 project site is not currently in agricultural production, nor has the site been used for agricultural purposes in the recent or historic past. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. The site is not zoned forest land or timberland nor is it adjacent to or in proximity to property zoned forest land or timberland. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment that would result in the conversion of farmland to non-agricultural uses. No impacts are anticipated as a result of the proposed project. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 4 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 X X No Impact a Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? b 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)? Expose sensitive receptors to substantial pollutant concentrations? X X d e Create objectionable odors affecting a substantial number of people? X Comments: 3.a. Less Than Significant Impact: An air quality assessment was prepared by Entech Consulting Group in July of 2012 to assess the impacts of the construction and operation of the proposed project. The Entech assessment states that: "The South Coast Air Basin is currently designated as nonattainment for 03, PM10, and PM25i a maintenance area for CO and NO2, and in attainment for all other federal criteria pollutants. Emissions calculated by the California Emissions Estimator Model (CaIEEMod) were far below the South Coast Air Quality Management District (SCAQMD) thresholds, indicating that the construction and operation of the proposed project will create a less than significant impact to the surrounding area." The project, therefore, will not conflict with or obstruct implementation of the applicable air quality plan and a less than significant impact is anticipated. 3.b.c. Less Than Significant Impact: The air quality assessment conducted by Entech Consulting Group for the project concludes that the proposed project will cause a less than significant impact to the ambient air quality. The basin is currently in nonattainment for 03 and NO2. VOC and NO), emissions, precursors to 03, are far below the thresholds established by the SCAQMD. The project's demonstration of compliance with the SCAQMD thresholds is consistent with the federal National Ambient Air Quality Standards (NAAQS). The basin is also in nonattainment for PM10 and PM2.5. However, the impact analysis performed demonstrates that minimal PM10 and PM25 will be generated throughout the operation of the proposed Project. The PM10 and PM2.5 emissions generated from the proposed project is far below the thresholds established by the SCAQMD and impacts are therefore anticipated to be less than significant. In addition, the Entech air quality assessment concluded that the proposed project will not cause a significant impact to the surrounding area. As shown in Table 6 of the Entech study provided below, the calculated emissions results from CaIEEMod demonstrate that the construction of this project will not exceed average daily thresholds created by the SCAQMD. Thus, construction related impacts on regional air quality will be less than significant. Construction of the proposed project will not worsen ambient air quality, create additional violations of federal and state standards, or delay the basin's goal for meeting attainment standards. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 5 Table 6. Peak- Day Construction Emissions (Ibslday) by Phase Construction Year and Season ROG NOx CO SO2 PMIo PM .s 2013 Summer 9.99 80.09 46.54 0.08 22.24 13.88 Winter 9.99 80.10 46.39 0.07 22.24 13.88 SCA©MD Significance Threshold 75 100 550 150 150 55 Exceed Significance? No No No No No No 2014 Winter 47.41 32.18 21.50 0.03 2.94 2.75 SCAGMO Significance Threshold 75 100 550 150 150 55 Exceed Significance? No No No No No No Saurca' Enrech Cjnssfiimg Graup, 20t2 Entech also calculated operational emissions related to area source emissions and mobile source emissions. Typically, area sources are small sources that contribute very little emissions individually, but when combined may generate substantial amounts of pollutants. Examples of generated area source emissions are gas for residential space and water heating, gasoline -powered landscaping and maintenance equipment, and consumer products such as household cleaners and chemicals. Area specific defaults in the CaIEEMod were used by Entech to calculate area source emissions. Entech also assumed that the surrounding residences will utilize natural gas for space and water heating. Entech also used CaIEEMod to calculate pollutant emissions from vehicular trips generated from the proposed project. CaIEEMod default inputs, vehicle mix and trip distances, were unaltered for this anlaysis. In addition to the default inputs, Entech assumed that occupancy of the multi -family residences will begin in 2014. CaIEEMod estimated emissions from the operation of the proposted project as shown in Table 8 of the Entech study, provided below. Table 8, Operational Emissions Obs/day) Source ROG NO, CO SO2 PM,o PM25 Summer Emissions Area 15.74 0.71 49.99 0.10 6.40 6.40 Energy 0.06 0.51 0.22 0.00 0.04 0.04 Mabilel 4.35 10.66 47.34 0.08 8.53 0.73 Total Emissions 20.15 11.88 97.55 0.18 14.97 7.17 SCAOMD Significance Thresholds 55 55 550 150 150 55 Exceed throsholds? No No No No No No Winter Emissions Area 15.74 0.71 49.99 0.10 6.40 6.40 Energy 0.06 0.51 0.22 0.00 0.04 0.04 Mabile1 4.21 11.36 43.76 0.07 8.54 0.74 Total Emissions 20.01 12.58 93.97 0.17 14.98 7.18 SCAOMD Significance Thresholds 65 55 550 1517 150 55 Exceed thresholds? No No No No No No Scvrca: Entech Consulting Grow. 2012 1. Moble emissons o estimated utilizing G_1EEME:d delaurs cast.i on rp generation ales based upon data cdlected by the Instuulo of Transportation Engineers (ITE) Trip Generation. Edition. Emission calculations generated from CaIEEMod demonstrate that the operation of the proposed project will not cause a significant impact to the surrounding area. Entech used CaIEEMod to calculate average daily emissions for both area source and mobile source emissions. Project -related emissions do not exceed the G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 6 SCAQMD's established thresholds. Calculated emissions for ROG, NO„, CO, PM10, and PM25 are far below the thresholds. Therefore, the operation of the Project does not cause a significant impact to the surrounding area. 3.d. Less Than Significant: According to the City of Temecula General Plan, as defined in figure AQ -2 of the General Plan, there is one known sensitive receptors (hospitals, schools, libraries, child care centers, and adult -assisted care facilities) that may be exposed to pollutant concentrations in the immediate vicinity. The Vail Elementary school is located immediately east of the project site. In addition, the South Coast Air Quality Management District (SCAQMD) classifies the surrounding residences as sensitive receptors. The elementary school and surrounding residences may be exposed to some pollutant concentrations on a short-term basis during construction and grading activities. However, the July 2012 air quality assessment conducted by Entech Consulting Group concluded that "After a detailed analysis, it has been determined that no significant impact will be created from the construction and operation of the proposed project, thus no mitigation measures are required." The Entech Consulting Group air quality assessment did, however, recommend that the following Best Available Control Measures (BACM) be implemented to minimize the emissions of PM10 and PM25 during construction as a preventative measure: • Minimize land disturbances • Utilize watering trucks to minimize dust • Cover trucks when hauling dirt • Put grading and earth moving on hold when wind gusts exceed 25 miles per hour unless the soil is wet enough to prevent dispersion. • Stabilize the surface of dirt piles if they are not removed immediately • Sweep nearby paved streets at least once per day if there is evidence of dirt that has been carried onto the roadway • Revegetate disturbed land as soon as possible • Remove unused materials The Development Plan for the project will be conditioned that these Best Available Control Measures be implemented and that these Best Available Control Measures be included in the grading plan notes. 3.e. Less Than Significant Impact: No objectionable odors are expected as a result from operation of the proposed project. Odors are typically associated with industrial projects involving use of chemicals, solvents, petroleum products, and other strong -smelling elements used in manufacturing processes. Odors are also associated with such uses as sewage treatment facilities and landfills. Standard practices related to trash receptacle areas, such as keeping trash bins covered and located away from outdoor areas where residents of multi -family housing may congregate, will help minimize the potential for odor nuisance complaints. Potential sources that may emit odors during construction activities include the use of architectural coatings and solvents. SCAQMD Rule 1113 limits the amount of volatile organic compounds from architectural coatings and solvents. Via mandatory compliance with SCAQMD Rules, no construction activities or materials are proposed which would create objectionable odors. Therefore, a less than significant impact would occur and no mitigation measures would be required. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 7 4. BIOLOGICAL RESOURCES. Would the project? Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Comments: 4.a. Less Than Significant Impact: The project site is located within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and lies within the Southwest Area Plan of the MSHCP. The project site is not part of a criteria cell and is not part of a MSHCP sub unit. Michael Brandman Associates (MBA) prepared and MSHCP Consistency Analysis and Habitat Assessment for the project in July, 2012, and determined that the project site contains a limited amount of foraging habitat suitable for Burrowing owls (4.27 acres), which is a California Species of Special Concern, however no suitable burrows were observed within the project area. There is no suitable habitat within the 500 -foot buffer area outside of the project areas as the project site is surrounded by development, and no burrowing owls were observed on site or within the 500 -foot buffer area. The MBA report concluded that the project area does not contain sufficient foraging habitat to support a burrowing owl pair, is surrounded by development, and is not adjacent to any other suitable habitat. The MBA report concluded that burrowing owl has no potential to occur on the project site. The MBA report identified suitable avian nesting habitat for a variety of species. If any construction activities for the project site occur during the avian breeding season (February to August), a pre -construction clearance survey for nesting birds will be required (see mitigation requirements for 4.d below). G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 8 The MBA report did not identify 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. Therefore, less than significant impacts are anticipated as a result of the project. 4.b. Less Than Significant Impact: The MBA report states that the project side contains 0.1 acre of riparian habitat that will be impacted, but does not contain any riverine connectivity. Natural Resources Assessment, Inc. conducted a jurisdictional delineation on the drainage feature that occurs along the northeastern boundary of the site. The drainage contains areas under CDFG and USACE jurisdiction. The project was designed to avoid the areas of the drainage. The willows to be impacted are within an upland area outside of the active drainage area and are not connected to the riparian area east of the project site. The MBA analysis of the site determined that there are no vernal pools, or areas suitable for support of sensitive fairy shrimp species within the property. Due to the limited impact to riparian areas, the MBA report recommended no further action or mitigation measures and less than significant impacts are anticipated as a result of the project. 4.c. Less Than Significant Impact: There is an adjacent drainage feature located along the eastern border of the project site that falls under the jurisdiction of the U.S. Army Corps of Engineers, Regional Water Quality Control Board, and California Department of Fish and Game based on a 2012 Jurisdictional Delineation prepared by Natural Resources Assessment, Inc. (contained in Appendix D of the MBA report). Based on the findings of Natural Resources Assessment, Inc.'s Jurisdictional Delineation the adjacent unnamed ephemeral feature connects to the Margarita River. The drainage contains areas under CDFG and USACE jurisdiction. The project was designed to avoid the areas of the drainage. As discussed in 4.b above, the 0.1 acre area of willows to be impacted are not connected to the channel or the associated riparian corridor and are therefore not under CDFG jurisdiction. The construction of the project, including retaining walls, will be done adjacent to and within close proximity to the channel and riparian area. However, no impacts to the riparian area or drainages are permitted without obtaining appropriate regulatory permits from USACE, CDFG, and RWQCB. The project was specifically designed to avoid the jurisdictional drainage areas and, therefore, less than significant impacts are anticipated as a result of the project. 4.d. Less Than Significant With Mitigation incorporated: The MBA report states that the project site does contain suitable avian nesting habitat for a variety of species, and that if the clearance of vegetation is required and occurs during the avian breeding season (February to August), a pre -construction clearance survey for nesting birds will be required. If construction activities occur outside of the avian breeding season (September to July) no mitigation is required. For any clearance of vegetation during the avian breeding season (February to August), the following mitigation measures shall be implemented: Required Mitigation: If the clearance of vegetation is required and occurs during the avian nesting season (February to August) the following mitigation measures shall be implemented: • A pre -construction nesting bird survey shall be conducted prior to any vegetation disturbance activities. • If passerine birds are found to be nesting or there is evidence of nesting behavior inside or within 250 feet of the impact area, a 250 -foot buffer will be required around the nest where no vegetation disturbance will be permitted. • For birds of prey, such as hawks and owls, the buffer shall be expanded to 500 feet. • A qualified biologist is required to closely monitor the nest until it is determined that the nest is no longer active, at which time vegetation removal could continue. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 9 4.e. No Impact: The project site is located within the Stephens Kangaroo Rat Habitat Fee Area. The project will be conditioned to comply with provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation), which requires payment of the Stephens Kangaroo Rat fee prior to the issuance of a grading permit. Additionally, trees subject to the City's Heritage Tree Ordinance are not present on the site. The project is consistent with local policies and ordinances protecting biological resources and no impacts are anticipated as a result of this project. 4.f. No Impact: The project has been designed and necessary mitigation measures will be implemented to be consistent with the provisions of the Western Riverside County Multiple Species Habitat Conservation Plan and no impact is anticipated as a result of this project. An MSHCP Consistency Analysis and Habitat Assessment (Burrowing Owl) was prepared for this project by Michael Brandman Associates and was submitted to the City in August, 2012. This report contains the results of a Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis and habitat assessment. The project site lies within the Southwest Area Plan. The project site is not part of a criteria cell and not part of a plan sub unit. The project site is also not within any designated corridor, potential corridors, or areas or potential core areas. MBA assessed the project site to determine consistency with the requirements set forth in the Western Riverside County MSHCP. Geographic Information Systems (GIS) software was used to map the site in relation to MSHCP areas including Criteria Cells; conservation areas and wildlife movement corridors and linkages; Criteria Area Species Survey Areas for plant, bird, mammal, and amphibian species; Narrow Endemic Plants Survey Area; and survey requirements for inadequately covered species. The Riverside County Integrated Project (RCIP) Conservation Summary Report was queried to determine habitat assessment and potential survey requirements for the site (see Appendix A of the MBA report). The MSHCP also requires that an assessment be completed to determine the potentially significant effects of the project on riparian/riverine areas and vernal pools. According to the MSHCP, the documentation for the assessment shall include mapping and a description of the functions and values of the mapped areas with respect to the species listed in MSHCP Section 6.1.2, Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools. As part of the MSHCP requirements, an Urban/Wildlands Interface Analysis is required to address the indirect effects associated with locating proposed development in proximity to MSHCP conservation areas. The development may result in edge effects, which could potentially affect biological resources within the MSHCP Conservation Area. According to the MSHCP, the analysis should include an assessment of the potential indirect project impacts that may result from drainage, toxics, noise, invasive species, barriers, access, and grading/development, as listed and described in the MSHCP's Section 6.1.4, Guidelines Pertaining to Urban/Wildlands Interface. Details of this assessment can be found in the MBA report. MBA conducted a riparian/riverine habitat assessment of the project site concurrent with the habitat assessment. The riparian/riverine habitat assessment focused on the drainage feature adjacent to the project site that was considered to meet the minimum criteria to be considered riparian/riverine habitat per the definition provided within the MSHCP. The targeted drainage feature was carefully inspected for the presence of riparian habitat characteristics and suitability to support associated species, including a dominance of hydrophytic vegetation, suitable topography and hydrology, and suitable soil substrate where necessary. As discussed in 4.b above, the project site contains 0.1 acre of riparian habitat that will be impacted, but these areas do not contain any riverine connectivity. The willows to be impacted are within upland areas and are not connected to the riparian area northeast of the project site. There are no vernal pools, or areas suitable for support sensitive fairy shrimp species within the property. The total area of riparian within the project site is 0.29 acre. A single ephemeral drainage occurs along the northeastern project site boundary and contains narrow -leaved willows, arroyo willows, and Fremont cottonwood trees. The majority of this riparian area is outside of the project parcel. The project site does not contain habitat that supports any of the sensitive species contained in Section 6.1.2 of the MSHCP; contains no vernal pool areas; and does not contain any areas capable of supporting any fairy shrimp species. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 10 In addition to the MSHCP requirements, other biological constraints associated with the project site were identified. As discussed in 4.c above, there is one adjacent drainage feature located along the northeastern border of the site that appears to fall under the jurisdiction of the US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Game (CDFG) based on Natural Resources Assessment, Inc.'s Jurisdictional Delineation (2012). The project was specifically designed to avoid the jurisdictional drainage areas. As discussed in the MBA report, the project site is located within an MSHCP-designated habitat assessment survey area for BUOW. According to the MBA report, marginally suitable habitat occurs on site for BUOW; however, there were no suitable burrows present, there is not sufficient habitat within the project area to support BUOW, and the project site surrounded by development and isolated from other suitable habitat. Based on the habitat assessment it was determined that focus surveys for BUOW were not required. MBA determined that based on the disturbed nature of the site and the lack of sensitive species, no significant impacts are anticipated that would jeopardize the County's ability to achieve its conservation goals. Minimal riparian vegetation will be impacted; however, it is not connected to the adjacent drainage and riparian area. The project was designed specifically to avoid the drainage and riparian area. G:\PLANNING\20121PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 11 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 X a Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? 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. No Impact: A Cultural Resources Assessment was prepared in June, 2012, by LSA Associates, Inc. and a Paleontological Resource Assessment was prepared by LSA Associates in September, 2012. LSA conducted a records search at the Eastern Information Center (EIC) located at the University of California, Riverside. The EIC is the local branch of the California Historical Resources Information System (CHRIS). Cultural resource maps at the EIC were checked for possible prehistoric and historic resources previously recorded within and adjacent to the project area. To supplement the CHRIS data, a review was conducted of the National Register of Historic Places Index, the Office of Historic Preservation Directory of Properties, and historic USGS topographic maps. LSA also conducted a pedestrian survey for the project by walking approximately 10 -meter parallel transects within the project's boundaries and focusing on the visible portions of the project area. LSA was accompanies by Loran Garcia, monitor from the Pechanga Cultural Resources Office. Based on LSA's records search and field survey, no cultural resources will be affected by the project as the site is not known to contain a resource listed or eligible for listing in the California Register of Historical Resources. Therefore, no impacts are anticipated as a result of the project. 5.b.d. Less Than Significant With Mitigation Incorporated: A cultural Resources Assessment was prepared by LSA in June, 2012. No cultural resources were identified during the field survey. Exposed boulders and portable cobbles were examined for worked surfaces, and no such surfaces were found. Soil profiles were examined for cultural stratigraphy and rodent back dirt was checked for cultural remains. The LSA study identifies that the project has been graded and has had stone fill materials deposited on it, and that ground visibility was approximately 20 percent with a cover of matted, dry grasses. The LSA study indicates that the records search and field survey did not identify any cultural resources that will be affected by the project. LSA states that the graded alluvial setting offers little potential for undiscovered cultural resources to be present within the project boundaries, and there is only a low potential that such resources may be in secondary deposits. LSA concluded that no further archaeological investigation or monitoring is recommended. However, LSA did recommend that if previously undocumented cultural resources are identified during earthmoving activities, a qualified archaeologist shall assess the nature and significance of the find, temporarily diverting construction excavation if necessary. To ensure cultural resources, if identified on the site, are properly treated and preserved, the following mitigation measures shall be followed: Required Mitigation: • If previously undocumented cultural resources are identified during earthmoving activities, a qualified archaeologist shall assess the nature and significance of the find, temporarily diverting construction excavation if necessary. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 12 • The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. • All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. • If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. • If the Developer, the project archaeologist and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or City Council. In addition to the cultural resource mitigation measures recommended by LSA, Pechanga Cultural Resources (the Temecula Band of Luiseno Mission Indians) also requested that the following mitigation measure be included: Required Mitigation: • Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. • At least 30 days prior to beginning project construction, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Temecula and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of professional Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. • Prior to beginning project construction, the Project Archaeologist shall file a pre -grading report with the City of Temecula (if required) to document the proposed methodology for grading activity observation which will be determined in consultation with the Pechanga Tribe. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required above, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities. • If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the ''most likely descendant(s)" of receiving notification of G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 13 the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described above. 5.c. Less Than Significant With Mitigation Incorporated: A paleontological resources assessment was prepared for the project by LSA Associates, Inc. in August, 2012. As part of this study, the San Bernardino County Museum (SBCM) conducted a search of the Regional Paleontological Locality Inventory (RPLI) housed at the SBCM. The results of the record search indicated that no previously -known paleontological localities are recorded within the boundaries of the proposed project property. However, 7 resource localities are recorded from within 1/4 mile to the north of the proposed project area. Though the project site has been graded and has had stone fill materials deposited on it, and no paleontological resources were observed during the field survey, the abundance of fossils from the proposed project area, as well as from the other 400 fossil localities mapped from the Pauba Formation, demonstrate the high paleontological sensitivity of the region. The presence of sediments suitable to contain paleontological resources and the positive results of the literature review reinforce the high potential for encountering significant nonrenewable vertebrate fossils on the proposed project site. As such, the LSA Associates, Inc. study recommends the following mitigation measures: Required Mitigation: • A trained paleontological monitor will be present during ground -disturbing activities within the project area in sediments determined likely to contain paleontological resources. The monitoring for paleontological resources will be conducted on a full-time basis. The monitor will be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources. The monitor will be equipped to rapidly remove any large fossil specimens encountered during excavation. During monitoring, samples will be collected and processed to recover microvertebrate fossils. Processing will include wet screen washing and microscopic examination of the residual materials to identify small vertebrate remains. The project paleontologist may reevaluate the monitoring program after 50 percent of the excavation has been completed. • Upon encountering a large deposit of bone, salvage of all bone in the area will be conducted with additional field staff and in accordance with modern paleontological techniques. • All fossils collected during the project will be prepared to a reasonable point of identification. Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of all material collected and identified will be provided to the museum repository along with the specimens. • A report documenting the results of the monitoring and salvage activities and the significance of the fossils will be prepared. • All fossils collected during this work, along with the itemized inventory of these specimens, will be deposited in a museum repository for permanent curation and storage. Compliance with these recommendations will ensure that excavation impacts to the paleontological resources are maintained below a level of significance. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 14 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated X Less Than Significant Impact . No Impact X 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. Strong seismic ground shaking? i. ii iii Seismic -related ground failure, including liquefaction? Landslides? X X 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 colla•se? 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.i. No Impact: The City of Temecula General Plan and Final Environmental Impact Report for the General Plan do not identify any faults or fault zones through the project site, nor does the State of California Department of Conservation/California Geological Survey's Alquist-Priolo Earthquake Fault Zoning Map (http://gmw.consrv.ca.gov/shmp/download/ap/pdf/MRIETA.PDF). Therefore, no impacts are anticipated as a result of this project. 6.a.ii. Less Than Significant With Mitigation Incorporated: There may be a potentially significant impact from seismic ground shaking. Although, there are no known fault hazard zones on the property, the project is located in Southern California, an area that is seismically active. Any potential significant impacts will be mitigated through building construction, which will be consistent with the Uniform Building Code standards. Further, the project will be conditioned to provide soil reports prior to grading and if conditions warrant mitigation, recommendations contained in this report will be followed during construction. The soil reports will also contain recommendations for the compaction of the soil, which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils. After mitigation measures are performed, less than significant impacts are anticipated as a result of this project. Required Mitigation: • Building construction shall be consistent with the Uniform Building Code Standards. • All recommendations set forth in the Geotechnical Report completed by GeoMat Testing Laboratories, Inc. dated February 11, 2012, shall be followed, including but not limited to recommendations for G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 15 earthwork, clearing and grubbing, preparation of surfaces to received compacted fill, preparation of building areas, preparation of slab and paving areas, placement of compacted fill, field/laboratory testing during grading, wet soils, slopes, retaining wall design foundation recommendations, and grading and foundation plan review shall be followed. 6.a.iii.6.c. Less Than Significant: The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. A geotechnical report has been prepared for the project by GeoMat Testing Laboratories, Inc. that did not identified any geologic unit or unstable soils that would become unstable. The geotechnical report concludes that, based on SCEC (1999) guidelines, a potential for loss of bearing capacity due to liquefaction is not expected at the project site. Therefore, a less than significant impact is anticipated as a result of this project. 6.a.iv. Less Than Significant: A subsurface soil investigation prepared for the site by GeoMat Testing Laboratories, Inc., analyzed slope stability based on Safety Factor ratings and the analysis indicates that "the planned fill and/or cut slopes constructed at an inclination of 2H:1V or flatter will be grossly and surficially stable." Furthermore, the project site and surrounding area have not had a history of landslide activity. Therefore, less than significant impacts are anticipated as a result of the project. 6.b. Less Than Significant Impact: The project will not result in substantial soil erosion or the loss of topsoil. The project site will be developed in accordance with City standards, including National Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosion control and best management practices (BMPs). The Final Environmental Impact Report for the City of Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. Therefore, no significant impacts are anticipated as a result of this project. 6.d. Less Than Significant Impact: The project is not located on expansive soil as defined in Table 18-1- B of the Uniform Building Code (1994) and is not anticipated to create substantial risks to life or property. According to the Geotechnical Report completed by GeoMat Testing Laboratories, Inc. dated February 11, 2012, Expansion Index (El) testing was performed on soil samples obtained from their exploration of the site. Based on the laboratory test results, the soils in the upper 15 feet of the site have a very low expansion potential. Therefore, a less than significant impact is anticipated as a result of the project. 6.e. No Impact: The project will not utilize septic tanks, but will instead be connected to the public sewer system. Therefore, no impacts are anticipated as a result of this project. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 16 7. GREENHOUSE GAS EMISSIONS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? b 1.1 Total CO2o Emissions X Comments: 7.a.b. Less Than Significant Impact: Entech Consulting Group prepared an air quality and greenhouse gas study for the project. The study determined that greenhouse gas (GHG) emissions will result from construction activities related to the project. The study states that temporary GHG emissions are expected to occur for the duration of the construction of the proposed project. CaIEEMod was utilized to estimate CO2e emissions from the construction of the proposed project. The Entech study estimated emissions for each stage of construction scheduled. Table 7 from the Entech report, provided below, displays the CaIEEMod results. Table 7. CO2e Emissions for Construction of Proposed Project Construction Year and Season CO2e Emissions, metric tons!year Annually 2013 648' 2013 Emissions amortized over 30 years 2014 32' 2014 Emissions amortized over 30 voars b 1.1 Total CO2o Emissions 23.1` Source: Enrech Cor,suiorg Group 2 ;2 at Tola crri scions for all construction phases 6? Following SCAQMD guidance 2013 end 2014 construction emission totals were spread out over s 30 ynar period. c) 2013 and 2014 amortised emissions were added together to determine the tdst COR Emissions to the construction a! the propos.=A prajecL The Entech report states that draft guidance from the SCAQMD recommend amortizing construction emissions over a 30 -year period to account for their contribution to project lifetime greenhouse gas emissions. The 2013 and 2014 annual MTCO2e emissions were amortized over a 30 -year period, total construction emissions would be estimated at 23.1 MTCO2e per year, which is far below the 3,500 MTCO2e residential screening threshold suggested by SCAQMD. The Entech study identified that GHG emissions are expected to decrease in 2014 because construction will only occur for two months in the year 2014, as compared to the 11 months in 2013. Construction emissions would therefore have a less that cumulatively contribution to global climate change impacts. Entech also calculated GHG operational emissions from activities that would occur from tenant use, mechanical building operations, and trip generations associated with vehicular traffic. CaIEEMod was utilized to estimate CO2e from the operation of the proposed project. Identified within CaIEEMod are specific sources of GHG emissions in the form of area, energy, mobile, waste, and water. Table 9 of the Entech study, provided below, displays the CaIEEMod results. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 17 Table 7. COze Emissions for Construction of Proposed Project Construction Year and Season CO2e Emissions, metric tons/year Annually 2013 648' 2013 Emissions amortized over 30 years 2213 2014 32' 2014 Emissions1 amortized over 30 years 1 b Total CO2o Emissions 23.1c Sntrc,: Erma h GornuidngGrcup, 2012 a) Tot emissions for al' consln:chon phases hl Fatbwing SC,ACMD guidance 2013 end 2014 construction emission 1ota3s wore spread out Dues a 30 year pond. c) 2013 and 2014 amortized eanissionswere added together to determine the total CCho Emissions for the consiniction of the proposed prefect_ Entech states that draft guidance from the SCAQMD recommend a significance threshold for residential projects of 3,500 MTCO2e. The total annual GHG emissions were estimated to be 1,312 MTCO2eper year, which is below the 3,500 MTCO2e residential screening threshold suggested by SCAQMD. Operational emissions, therefore, would also have a less than cumulatively contribution to global climate change impacts. 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). In addition, the City of Temecula does not have any plans, policies, or regulations adopted for the purpose of reducing the emissions of GHGs. For the proposed project, the project would be considered to have a significant impact if the project would be in conflict with the AB 32 State goals for reducing GHG emissions. Staff assumes that AB 32 will be successful in reducing GHG emissions and reducing the cumulative GHG emissions statewide by 2020. It is not anticipated that the project could have a major impact (either positively or negatively) on the global concentration of GHG. GHG impacts are considered to be exclusively cumulative impacts; there are no non -cumulative greenhouse gas emission impacts from a climate change perspective per the California Air Pollution Control Officers Association (CAPCOA, 2008). The proposed project would contribute to global climate change as a result of emissions of GHGs, primarily CO2, emitted by construction activities. However, the project will not conflict with the CARB's thirty-nine (39) recommended actions in California's AB 32 Climate Change Scoping Plan. The project is expected to have a less than significant impact with regard to greenhouse gas emissions. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 18 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 X No Impact a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 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? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X X X X X e f g h Comments: 8.a. Less Than Significant Impact The proposed project will not involve the routine transportation, use, or disposal of hazardous materials. Therefore, no significant impacts are anticipated as a result of this project. 8.b. Less Than Significant Impact: The project proposes to subdivide the property and to construct multi- family apartment buildings. It is not anticipated that this project would 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. Therefore, less than significant impacts are anticipated as a result of this project. 8.c. Less Than Significant Impact: A school is located near the southeast corner of the project site. The proposed multi -family apartment buildings do not include any activities or uses that would pose a potential health hazard to the local population or the nearby school. No significant impacts are anticipated as a result of the project. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 19 8.d. No Impact: Based upon the available data and the historical land use, there is no evidence to support that hazardous wastes would be present on the site. No impacts are anticipated. 8.e.f. No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airstrip according to Figure LU -2 in the Land Use Element of the General Plan. Therefore, no impact upon airport uses will result from this proposal. 8.g. No Impact: The Project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The project will take access from maintained public streets and will not impede emergency response or evacuation plans. No impact is anticipated as a result of the proposed project. 8.h. No Impact: The proposed project is not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this project. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 20 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 Im•act X No Im•act a Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X X c d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f Require the preparation of a project -specific WQMP? Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X X g h 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 Inundation by seiche, tsunami, or mudflow? X Comments: 9.a. Less than Significant Impact: The proposed project is required to comply with the National Pollutant Discharge Elimination System (NPDES) regulations in effect at the time of grading permit issuance. As a condition of approval, the applicant is also required to generate a Water Quality Management Plan (WQMP) as specified in the City of Temecula's NPDES Municipal Separate Storm Sewer System (MS4) permit issued by the San Diego Regional Water Quality Control Board that will ensure that the project implements specific water quality features to remove pollutants from the project's runoff in perpetuity. As such, the project will not violate water quality standards or waste discharge requirements. By complying with the NPDES requirements, and potential impacts can be mitigated to a less than significant level. 9.b. Less than Significant Impact: The water quality measures proposed for this project include numerous permanent post -construction storm water infiltration devices and open space located throughout the G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 21 site in order to maximize infiltration into the ground and assist with restoring groundwater supplies. As such, the proposed project would not 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. The project is not anticipated to have a significant effect on the quantity and quality of ground waters, either through direct additions or withdrawals. The proposed project is required to comply with local development standards, including lot coverage and landscaping requirements, which will allow percolation and ground water recharge. Less than significant impacts are anticipated as a result of the proposed project. 9.c. Less than Significant Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including 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. The proposed project will include an on-site drainage plan; however it will not alter off-site drainage patterns or alter the course of a stream or river, and will not result in substantial erosion or siltation on -or off-site. During construction activities, erosion and siltation issues will be controlled to a less than significant level of impact by implementing construction -phase best management practices (BMP's). Following the completion of construction activities, the project will implement permanent post -construction infiltration devices to control increases in the rate, volume, and pollutant -load from surface runoff, and, as a result, will prevent erosion, sediment discharges, and sedimentation onsite and offsite. The Water Quality Management Plan (WQMP) prepared for the project by VSL Engineering states that the project shall implement various techniques to minimize urban runoff. Specifically, there are nine (9) bio - retention basins and four (4) areas designated for porous pavement. With this design, the project's runoff flow rate, volume, velocity and duration for the post -development condition do not exceed the pre -development condition for the 2 -year, 24-hour and 10 -year 24-hour rainfall events. In addition to being required to implement the WQMP design features, the project is also required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPEDS) standards, which addresses drainage, siltation and erosion. A less than significant impact is anticipated as a result of the proposed project. 9.d. Less than Significant Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river. As discussed in 9.c above, the project will not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site because the project will not alter the course of a stream or river. The City of Temecula Public Works Department reviews all drainage plans and determines adequate drainage facilities are in place capable of on-site drainage. A less than significant impact is anticipated as a result of the proposed project 9.e. Less than Significant Impact: As discussed in 9.c above, the proposed project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems. Through implementation of the WQMP the project will not provide substantial additional sources of polluted runoff. The project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge Elimination System standards, which address drainage and polluted runoff. A less than significant impact is anticipated as a result of the proposed project. 9.f. No Impact: The project will not violate any water quality standards or waste discharge requirements established by the State of California. However, the project is required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm -Sewer permit (MS4 permit) issued by the San Diego Regional Water Quality Control Board. The WQMP must be accepted prior to issuance of a grading permit for the project site. The water quality control measures to be identified in the WQMP will either be incorporated into the design of the project or be added to the project with specific conditions of approval and will be expected to eliminate potential adverse impacts to receiving waters. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 22 9.g. No Impact: The proposed project is not located 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. No impact is anticipated as a result of the proposed project 9.h. No Impact: The proposed project is not located within a 100 -year flood hazard area and therefore will not place improvements that could impede or redirect flood flows within a 100 -year flood hazard area. No impacts are anticipated as a result of the proposed project. 9.i. No Impact: The proposed project is not located in a dam inundation area or a 100 -year floodplain. Therefore, no impact is anticipated as a result of the proposed project. 9.j. No Impact: The proposed project is not located near a coast line or large body of water which would subject the site to inundation by seiche, tsunami, or mudflow. Therefore, no impact is anticipated as a result of the proposed project. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 23 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 X No Impact X a Physically divide an established community? 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? b c Conflict with any applicable habitat conservation plan or natural community conservation plan? X Comments: 10.a. No Impact: The proposed project would not divide an established community or conflict with the applicable land use plan. Adjacent zoning includes High Density Residential (H), Low Medium Density Residential (LM), and Public Institutional (PI). The project site is surrounded by existing development, including apartments to the west and to the north, an Edison substation to the north, single family residential units, Vail Elementary School, and a drainage feature to the east, and single family residential units to the south._Surrounding development to the north and west of the project site includes apartments on property with a General Plan Designation of High Density Residential and impacts from the proposed General Plan Amendment and Planned Development Overlay text changes are anticipated to be less than significant. The project would contribute to providing the City with diverse residential opportunities. 10.b. Less than Significant Impact: The project would not conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The project proposes a General Plan Amendment to change the General Plan designation of the site from Medium Density Residential to High Density Residential and proposes related changes to the zoning through text changes to Planned Development Overlay 11 (PDO -11) to allow for new development standards for the site that will be specific to apartment buildings. The existing PDO -11 allows for 62 units, however the existing General Plan designation allows up to 94 units, while the proposed project would allow for 120 units, or 26 more units than the current General Plan would allow and these additional units can be accommodated with existing infrastructure. As such, the project would not result in significant environmental impacts beyond those already anticipated for the property under the current General Plan designation and zoning regulations and would not conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Therefore, less than significant impacts are anticipated as a result of the project. 10.c. No Impact: The project has been designed and necessary mitigation measures will be implemented to be consistent with the provisions of the Western Riverside County Multiple Species Habitat Conservation Plan and no impact is anticipated as a result of this project. An MSHCP Consistency Analysis and Habitat Assessment (Burrowing Owl) was prepared for this project by Michael Brandman Associates and was submitted to the City in August, 2012. This report contains the results of a Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis and habitat assessment. The project site lies within the Southwest Area Plan. The project site is not part of a criteria cell and not part of a plan sub unit. The project site is also not within any designated corridor, potential corridors, or areas or potential core areas. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 24 MBA assessed the project site to determine consistency with the requirements set forth in the Western Riverside County MSHCP. Geographic Information Systems (GIS) software was used to map the site in relation to MSHCP areas including Criteria Cells; conservation areas and wildlife movement corridors and linkages; Criteria Area Species Survey Areas for plant, bird, mammal, and amphibian species; Narrow Endemic Plants Survey Area; and survey requirements for inadequately covered species. The Riverside County Integrated Project (RCIP) Conservation Summary Report was queried to determine habitat assessment and potential survey requirements for the site (see Appendix A of the MBA report). The MSHCP also requires that an assessment be completed to determine the potentially significant effects of the project on riparian/riverine areas and vernal pools. According to the MSHCP, the documentation for the assessment shall include mapping and a description of the functions and values of the mapped areas with respect to the species listed in MSHCP Section 6.1.2, Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools. As part of the MSHCP requirements, an Urban/Wildlands Interface Analysis is required to address the indirect effects associated with locating proposed development in proximity to MSHCP conservation areas. The development may result in edge effects, which could potentially affect biological resources within the MSHCP Conservation Area. According to the MSHCP, the analysis should include an assessment of the potential indirect project impacts that may result from drainage, toxics, noise, invasive species, barriers, access, and grading/development, as listed and described in the MSHCP's Section 6.1.4, Guidelines Pertaining to Urban/Wildlands Interface. Details of this assessment can be found in the MBA report. MBA conducted a riparian/riverine habitat assessment of the project site concurrent with the habitat assessment. The riparian/riverine habitat assessment focused on the drainage feature adjacent to the project site that was considered to meet the minimum criteria to be considered riparian/riverine habitat per the definition provided within the MSHCP. The targeted drainage feature was carefully inspected for the presence of riparian habitat characteristics and suitability to support associated species, including a dominance of hydrophytic vegetation, suitable topography and hydrology, and suitable soil substrate where necessary. As discussed in 4.b above, the project site contains 0.1 acre of riparian habitat that will be impacted, but these areas do not contain any riverine connectivity. The willows to be impacted are within upland areas and are not connected to the riparian area northeast of the project site. There are no vernal pools, or areas suitable for support sensitive fairy shrimp species within the property. The total area of riparian within the project site is 0.29 acre. A single ephemeral drainage occurs along the northeastern project site boundary and contains narrow -leaved willows, arroyo willows, and Fremont cottonwood trees. The majority of this riparian area is outside of the project parcel. The project site does not contain habitat that supports any of the sensitive species contained in Section 6.1.2 of the MSHCP; contains no vernal pool areas; and does not contain any areas capable of supporting any fairy shrimp species. In addition to the MSHCP requirements, other biological constraints associated with the project site were identified. As discussed in 4.c above, there is one adjacent drainage feature located along the northeastern border of the site that appears to fall under the jurisdiction of the US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Game (CDFG) based on Natural Resources Assessment, Inc.'s Jurisdictional Delineation (2012). The project was specifically designed to avoid the jurisdictional drainage areas. As discussed in the MBA report, the project site is located within an MSHCP-designated habitat assessment survey area for BUOW. According to the MBA report, marginally suitable habitat occurs on site for BUOW; however, there were no suitable burrows present, there is not sufficient habitat within the project area to support BUOW, and the project site surrounded by development and isolated from other suitable habitat. Based on the habitat assessment it was determined that focus surveys for BUOW were not required. MBA determined that based on the disturbed nature of the site and the lack of sensitive species, no significant impacts are anticipated that would jeopardize the County's ability to achieve its conservation goals. Minimal riparian vegetation will be impacted; however, it is not connected to the adjacent drainage and riparian area. The project was designed specifically to avoid the drainage and riparian area. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 25 11. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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: The project will not result in the loss of availability of a known mineral resource nor in the loss of an available, locally important mineral resource recovery site. The State Geologist has classified the City of Temecula as MRZ-3a, containing areas of sedimentary deposits which have the potential for supplying sand and gravel for concrete and crushed stone for aggregate. However, these areas are determined as not containing deposits of significant economic value based upon available data in reports prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. Furthermore, the project site is not identified as an important site known to contain such resources as shown in the Final EIR for the City of Temecula General Plan. Therefore, no impacts are anticipated as a result of this project. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 26 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 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? X b 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? X X c d A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X _ X e f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Comments: 12.a and d. Less than Significant Impact: The project may result in temporary or periodic increases in ambient noise levels during construction. Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet, which is considered annoying. However, noise from construction of the project will comply with City ordinances regulating the hours of activity to Monday through Friday from 6:30 a.m. to 6:30 p.m. and Saturday from 7:00 a.m. to 6:30 p.m. Furthermore, based on the use of standard construction equipment (dozer, backhoe, cement truck, air compressors and air tools, generators, etc.), no activities are anticipated within the proposed project that would result in exposure to 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. If equipment were required that would exceed the city's noise regulations, an application for a construction related exception must be made on a minor exception form in conformance with Section 9.20.070 of the Temecula Municipal Code. Since no activities are anticipated within the proposed project that would result in exposure to 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, less than significant impacts are anticipated as a result of this project. 12.b. Less than Significant Impact: Construction activities that would occur within the project site would include grading and excavation, which would have the potential to temporarily generate low levels of groundborne vibration. However, no activities are anticipated within the proposed project that would expose persons to or generation of excessive groundborne vibration or groundborne noise levels. Therefore, less than significant impacts are anticipated as a result of this project. 12.c. Less than Significant Impact: Although the project may result in temporary or periodic increases in ambient noise levels during construction, substantial permanent increases in ambient noise levels in the G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 27 project vicinity above levels existing without the project are not anticipated. Therefore, less than significant impacts are anticipated as a result of this project. 12.e. -f. No Impact: This project is not within two miles of a public airport or private airstrip. Therefore, the project will not expose people to excessive noise levels generated by an airport and no impacts will result from this project. G:\PLANNING120121PA12-0033 Rancho Vista Village DP1PIanning\CEQA\CEQA Initial Study 12-12-12.doc 28 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 X a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 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 project will not induce substantial growth in the area either directly or indirectly. The proposed project is a 120 unit multi -family residential project that will utilize existing roads and infrastructure. The project site consists of undeveloped land covered with vegetation in the south and asphalt from a small parking are for a school (The Carden Academy) that occupied a portion of the site in the north until approximately 2007, when all structures associated with the school were removed. Therefore, the project will not displace substantial numbers of people or existing housing. The project will neither displace housing nor people and will not necessitate the construction of replacement housing. No impacts are anticipated as a result of this project. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 29 14. PUBLIC SERVICES. Issues and Supporting Information Sources Potentially Significant Impact _ Less Than Significant With Mitigation Incorporated Less Than Significant Impact X X No Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? X Schools? X Parks? X Other public facilities? X Comments: 14.a. Less Than Significant Impact: The project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase the need for some public services. However, the increase is expected to be a very small increment and payment of the City's Development Impact Fees will ensure that any potential impact will be reduced to an insignificant level. As a result, the project is anticipated to have a less than significant impact upon the need for new or altered public facilities. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 30 15. RECREATION. Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Comments: 15.a. Less than Significant Impact: The project proposes multi -family housing on residentially zoned property. The project will not displace recreationally zoned lands or remove vacant lands that are used for recreational purposes. The project will include open space and recreational facilities for its residents and is not anticipated to significantly increase the use of neighborhood or regional parks or other recreational facilities to a point that would cause significant physical deterioration of these facilities. Less than significant impacts are anticipated as a result of this project. 15.b. Less than Significant Impact: The proposed project does include open space and recreational facilities for its residents and is not anticipated to require construction or expansion of additional public recreational facilities. Less than significant impacts are anticipated as a result of the proposed project. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 31 16. TRANSPORTATION/TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? b Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X X c d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? X X e f Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Comments: 16.a.b. Less than Significant Impact: A traffic study was prepared for the project by RK Engineering Group, Inc. and was submitted to the City in order to ensure compliance with all appropriate traffic regulations. Based on the intersections and roadways evaluated, the study reveals that the proposed project will not result in a conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system in the project area. Further, the project will not 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. The RK Engineering Group's study indicates that the proposed project's peak hours differ from the adjacent Vail Elementary School's peak hour traffic and the proposed apartment project can be accommodated with no required mitigation measures. At the December 6, 2012 meeting of the Temecula Public/Traffic Safety Commission, the Commission discussed school area traffic circulation at Vail Elementary School and the Commission agreed with the traffic analysis prepared for the project and did not perceive any additional impacts to Mira Loma Drive or Vail Elementary School as a result of the project. Additionally, Jason Osborn, Director of Transportation for Temecula Valley Unified School District, concurred with the findings of the analysis and indicated that due to the close proximity of the school, children from the proposed apartments are more likely to walk to school based on existing pedestrian travel patterns for the surrounding neighborhood. Less than significant impacts are anticipated as a result of the project. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 32 16.c. No Impact: The project is not anticipated to 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. The project area is not within the French Valley Airport influence area. Therefore, no impacts are anticipated as a result of the project. 16.d.e. Less Than Significant Impact: The project will be accessed from existing roads and will not substantially increase hazards due to a design feature of the project. On-site access roads will be required to be consistent with City standards, including street design and emergency access. Less than significant impacts are anticipated as a result of the project. 16.f. No Impact: The project will be required to be consistent with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). The project will include a public pedestrian/bicycle path from Mira Loma Drive to Rancho Vista Road that will help to support alternative transportations. No impacts are anticipated as a result of the project. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 33 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? Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X X X f g Comply with federal, state, and local statutes and regulations related to solid waste? Comments: 17.a.b.e. Less than Significant Impact: The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. Though the project will have an incremental effect upon existing systems, less than significant impacts are anticipated as a result of this project. 17.c. Less than Significant Impact: The project will require or result in the construction of new storm water drainage facilities on site that will connect to the existing system currently in place along Mira Loma Drive and to an existing flood control channel located east of and adjacent to the project site. The design of the existing system is sufficient to handle the runoff from this project and will not require the expansion of existing facilities, the construction of which could cause significant environmental effects. Less than significant impacts are anticipated as a result of this project. 17.d. Less than Significant Impact: The project will not significantly impact existing water supplies nor require expanded water entitlements. While the project will have an incremental impact upon existing systems, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "RCWD anticipates supplying water to 167,640 persons within its service area in 2020 (p. 5.14-3)." The FEIR further states: "EMWD anticipates supplying water to 756,699 persons within its service area in 2020, (p. 5.14-3)." This anticipated water supply includes a portion of Temecula and less than significant impacts are anticipated as a result of this project. 17.f.g. Less than Significant Impact: The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 34 Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project G:IPLANNING120121PA12-0033 Rancho Vista Village DP\PIanning\CEQA\CEQA Initial Study 12-12-12.doc 35 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated X Less Than Significant Impact X 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? 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)? b c Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Comments: 18.a. Less Than Significant With Mitigation Incorporated: As discussed in the sections above, the project would involve a General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential; a Zoning Text Amendment to revise the text for Planned Development Overlay - 11 (PDO -11); and a Development Plan to construct 120 apartment units on a 7.24 acre site. The project is not anticipated to significantly reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, or threaten to eliminate a plant or animal community. According to the MSHCP Consistency Analysis and Habitat Assessment (Burrowing Owl) prepared for the project by Michael Brandman Associates, the project site does contain suitable avian nesting habitat for a variety of species. The report states that if the clearance of vegetation is required and occurs during the avian breeding season (February to August), a pre -construction clearance survey for nesting birds will be required. If construction activities occur outside of the avian breeding season (September to July) no mitigation is required. For any clearance of vegetation during the avian breeding season (February to August); mitigation measures shall be required. A cultural Resources Assessment prepared by LSA in June, 2012 recommends mitigation measures to ensure that if any cultural resources are identified on the site, they are properly treated and preserved. Additionally, a paleontological resources assessment was prepared for the project by LSA Associates, Inc. in August, 2012. The study concluded that the presence of sediments suitable to contain paleontological resources and the positive results of the literature review reinforce the high potential for encountering significant nonrenewable vertebrate fossils on the proposed project site. As such, the LSA Associates, Inc. study recommends mitigation measures to properly treat and preserve paleontological resources. 18.b. Less Than Significant Impact: implementation of the proposed project. 18.c. Less Than Significant Impact: effects on human beings have been identified. G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 36 No significant cumulative impacts have been identified with the No substantial environmental effects that would cause adverse 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used, Identify earlier analyses and state where they are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 19.a. The City's General Plan, Final Environmental Impact Report and the City of Temecula's Geographic Information System (GIS) Map Sets were used as a referenced source in preparing the Initial Study for this project. The City's General Plan and Final Environmental Impact Report are available for review at the City of Temecula Planning Department located at 41000 Main Street in Temecula. The GIS Map Sets are available online at www.cityoftemecula.org. 19.b. On April 10, 2007, the City of Temecula City Council approved Planning Application Nos. PA05-0234 (PDO) and PA05-0109 (TTM) and adopted the associated Mitigated Negative Declaration. The current proposal, PA12-0033, involves a revised PDO and General Plan amendment and is not the same as the project previously analyzed. This Initial Study has been prepared to specifically address the current proposal. 19.c. See attached Mitigation Monitoring Program. SOURCES 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report 3. South Coast Air Quality Management District CEQA Air Quality Handbook 4. MSHCP Consistency Analysis and Habitat Assessment (Burrowing Owl), Michael Brandman Associates, August 15, 2012. 5. Traffic Impact Study, RK Engineering Group, Inc., September 11, 2012. 6. Additional Subsurface Soil Investigation, Review of Rough Grading Plan, Foundation Recommendations and Liquefaction Analysis, Tentative Tract Map 33584, A.P.N. 944-060-006, Proposed Residential Development, GeoMat Testing Laboratories, Inc., February 11, 2012. 7. Air Quality and Greenhouse Gas Study, Entech Consulting Group, July 2012. 8. Cultural Resources Assessment, LSA Associates, Inc., June 2012. 9. Paleontological Resources Assessment, LSA Associates, Inc., September 2012. 10. Water Quality Management Plan, VSL Engineering, March 2012. 11. State of California Department Conservation G:\PLANNING\2012\PA12-0033 Rancho Vista Village DP\Planning\CEQA\CEQA Initial Study 12-12-12.doc 37 Project Description: Location: Applicant: Mitigation Monitoring Program PA12-0034, a General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential; a Zoning Text Amendment to revise the text for Planned Development Overlay - 11 (PDO -11); and a Development Plan to construct 120 apartment units on a 7.24 acre site. The Project is generally located at the northeast corner of Mira Loma Drive and Rancho Vista Road, Temecula John Snell; Inland Communities Corp 650 E. Hospitality, Ste 410 San Bernardino, CA 92408 General Impact: Mitigation Measures: Specific Process: Biological Resources A report by MBA for the project states that the project site does contain suitable avian nesting habitat for a variety of species, and that if the clearance of vegetation is required and occurs during the avian breeding season (February to August), a pre - construction clearance survey for nesting birds will be required. If construction activities occur outside of the avian breeding season (September to July) no mitigation is required. For any clearance of vegetation during the avian breeding season (February to August), the following mitigation measures shall be implemented: Bio -1 A pre -construction nesting bird survey shall be conducted prior to any vegetation disturbance activities. Bio -2 If passerine birds are found to be nesting or there is evidence of nesting behavior inside or within 250 feet of the impact area, a 250 -foot buffer will be required around the nest where no vegetation disturbance will be permitted. Bio -3 For birds of prey, such as hawks and owls, the buffer shall be expanded to 500 feet. Bio -4 A qualified biologist is required to closely monitor the nest until it is determined that the nest is no longer active, at which time vegetation removal could continue. Place the above Mitigation Measures as Conditions of Approval on the project to reduce potential biological resource impacts to a less than significant level. Mitigation Milestone: Prior to Grading Permit Responsible Monitoring Party: Planning Department and Public Works Department 1 General Impact: Cultural Resources A cultural Resources Assessment was prepared by LSA that recommend that to ensure cultural resources, if identified on the site, are properly treated and preserved, mitigation measures shall be followed. In addition the Pechanga Tribe of Luiseno Mission Indians also requested specific cultural resource mitigation measure to be in place. Mitigation Measures: Cultural -1 If previously undocumented cultural resources are identified during earthmoving activities, a qualified archaeologist shall assess the nature and significance of the find, temporarily diverting construction excavation if necessary. Cultural -2 The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. Cultural -3 All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. Cultural -4 If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. Cultural -5 Cultural -6 If the Developer, the project archaeologist and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or City Council. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified archaeological monitor to monitor all ground - 2 disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. Cultural -7 At least 30 days prior to beginning project construction, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Temecula and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of professional Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. Cultural -8 Prior to beginning project construction, the Project Archaeologist shall file a pre -grading report with the City of Temecula (if required) to document the proposed methodology for grading activity observation which will be determined in consultation with the Pechanga Tribe. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required above, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities. Cultural -9 If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described above. Cultural -10 A trained paleontological monitor will be present during ground -disturbing activities within the project area in sediments determined likely to contain paleontological resources. The monitoring for paleontological resources will be conducted on a full-time basis. The monitor will be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources. The monitor will be equipped to rapidly remove any large fossil specimens encountered during excavation. During monitoring, samples will be collected and processed to recover microvertebrate fossils. Processing will include wet screen washing and microscopic examination of the residual materials to identify small vertebrate remains. The project paleontologist may reevaluate the monitoring program after 50 percent of the excavation has been completed. Cultural -11 Upon encountering a large deposit of bone, salvage of all bone in the area will be conducted with additional field staff and in accordance with modern paleontological techniques. Cultural -12 All fossils collected during the project will be prepared to a reasonable point of identification. Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of all material collected and identified will be provided to the museum repository along with the specimens. Cultural -13 A report documenting the results of the monitoring and salvage activities and the significance of the fossils will be prepared. Cultural -14 All fossils collected during this work, along with the itemized inventory of these specimens, will be deposited in a museum repository for permanent curation and storage. Specific Process: Mitigation Milestone: Responsible Monitoring Party: Place the above Mitigation Measures as Conditions of Approval on the project to reduce potential cultural resource impacts to a less than significant level. Agreements and conditions prior to issuance of a grading permit, monitoring ongoing through grading operations, and final reports upon completion of grading. Planning Department and Public Works Department General Impact: Mitigation Measures: Specific Process: Mitigation Milestone: Geology and Soils There may be a potentially significant impact from seismic ground shaking. Although, there are no known fault hazard zones on the property, the project is located in Southern California, an area that is seismically active. After mitigation measures are performed, less than significant impacts are anticipated as a result of this project. Geology & Soils -1 Building construction shall be consistent with the Uniform Building Code Standards. Geology & Soils -2 All recommendations set forth in the Geotechnical Report completed by GeoMat Testing Laboratories, Inc. dated February 11, 2012, shall be followed, including but not limited to recommendations for earthwork, clearing and grubbing, preparation of surfaces to received compacted fill, preparation of building areas, preparation of slab and paving areas, placement of compacted fill, field/laboratory testing during grading, wet soils, slopes, retaining wall design foundation recommendations, and grading and foundation plan review shall be followed. Place the above Mitigation Measures as Conditions of Approval on the project to reduce potential seismic -related ground failure impacts to a less than significant level. Grading permit issuance and Building Permit issuance Responsible Monitoring Party: Planning Department, Public Works Department and Building Department 5 PC RESOLUTION NO. 12-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0034, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H) AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE" (APN 944-060-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 17, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11) with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Application hereby finds, determines and declares that: General Plan Amendment and Zone Change Planning Application No. PA12-0034 is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City: General Plan A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan; This application is accompanied by a Development Plan for an apartment complex and a Zone Change to amend the existing PDO -11. The General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. The proposed design provides for a higher density, lower cost multi -family residential alternative that assists in providing for a variety of densities to accommodate existing and future housing needs in the City while enhancing the neighborhood through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood, thereby promoting the goals of the General Plan to provide for a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula (Housing Goal 1; Housing Policy 1.1 and 1.2), to provide a land use pattern that protects and enhances residential neighborhoods (Land Use Goal 5; Policy 5.1), and to preserve and enhance the positive qualities of individual neighborhoods (Community Design Goal 3; Policy 3.1 and 3.2) . The project design is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The proposed amendment will not have an impact on the character of the surrounding area; The proposed General Plan Amendment will not have an impact on the character of the surrounding area because it has been designed to better integrate with the surrounding area, which includes High Density Residential (H) development to the north and to the west, than the previously approved design. The proposed design achieves better integration with the surrounding area through the elimination of the extensive use of retaining walls required for the single-family project and the provision of more open areas between buildings, resulting in a development that is more aesthetically compatible with its surroundings and that better integrates into the surrounding community, and through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood. Zone Change A. The proposed Zone Change is consistent with the land use designation in which the use is located, as shown on the Land Use Map, General Plan and Development Code; The proposed Planned Development Overlay Amendment is consistent with the proposed land use designation for the property. The proposed General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the General Plan Amendment and Zone Change, PA12-0034: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the General Plan Amendment, Zone Change and Development Plan applications ("the Project"), as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 14, 2012, and expired on October 14, 2012. 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. Four written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 17, 2012 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated 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 adoption of the Mitigated Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council amend the existing General Plan on file with the City of Temecula City Clerk's office and approve the proposed amendment to Planned Development Overlay -11 (PDO -11) and adopts Sections 17.22.220 through 17.22.234 including the PDO -11 Text and Development Standards in the form attached to this resolution as Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of October, 2012. Ron Guerriero, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12-21 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of October, 2012, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary PC RESOLUTION NO. 12-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0033, A DEVELOPMENT PLAN APPLICATION FOR MIRA LOMA APARTMENTS LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE" (APN 944-060-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 17, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application Nos. PA12-0033, Development Plan and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11) with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Application hereby finds, determines and declares that: Development Plan Application PA12-0034 is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Mira Loma Apartments project is consistent with the land use standards contained in the proposed PDO -11 Amendment. The project is also consistent with the High Density Residential (H) land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the Mira Loma Apartments, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Planning Application No. PA12-0033: 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 Plan and associated applications ("the Project"), as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 14, 2012, and expired on October 14, 2012. 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. Four written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 17, 2012 public hearing and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated 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 adoption of the Mitigated Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council approve Planning Application No. PA12-0033, Development Plan Application with Mitigated Negative Declaration and Mitigation Monitoring Program Conditions, subject to the Conditions of Approval set forth on Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of October, 2012. on Guerriero, Chairman ATTEST: Patrick Richardson, Secretary STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12-22 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of October, 2012, by the following vote: AYES: 4 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS ABSTAIN: 0 PLANNING COMMISSIONERS Carey, Harter, Kight, Telesio None Guerriero None Patrick Richardson, Secretary PC RESOLUTION NO. 12-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONE CHANGE TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE" (APN 944-060-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 17, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application Nos. PA12-0033, Development Plan and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11) with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. 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 recommendation for approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO -11) (the "Project"). A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Project, as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 14, 2012, and expired on October 14, 2012. 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. Four written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 17, 2012 public hearing and, based on the whole record before it, finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated 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 that the City Council adopt the Mitigated Negative Declaration prepared for this project. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of October, 2012. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF • IIVERSIDE CITY OF TEMECULA )ss on Guerriero, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12-23 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of October, 2012, by the following vote: AYES: 4 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS ABSTAIN: 0 PLANNING COMMISSIONERS Carey, Harter, Kight, Telesio None Guerriero None Patrick Richardson, Secretary DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION October 17, 2012 Stuart Fisk, Case Planner Planning Application No. PA12-0034, a General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential and a Zoning Text Amendment to revise the text for Planned Development Overlay 11 (PDO -11); and Planning Application No. PA12-0033, a Development Plan to construct 120 apartment units on 7.24 acres located at the northeast corner of Rancho Vista Road and Mira Loma Drive (APN 944-060-006). Recommend approval with Conditions Mitigated Negative Declaration with Monitoring Plan Section 15070 PROJECT DATA SUMMARY Name of Applicant: John Snell; Inland Communities Corp General Plan Medium Density Residential (M) (existing)/High Density Residential Designation: (H) (proposed) Zoning Designation: Planned Development Overlay 11 (PDO -11) Existing Conditions/ Land Use: Site: Vacant/Medium Density Residential (M) North: South: East: West: Multi -Family Residential/Edison Sub -Station (H/PI) Single -Family Residential (LM) Single -Family Residential/Vail Elementary School (LM/PI) Multi -Family Residential (H) Lot Area: Total Floor Area/Ratio: Landscape Area/Coverage: Parking Required/Provided: Existing/Proposed Min/Max Allowable or Required 7.24 acres NA 16.6 units per acre 20 units per acre maximum 55.8% (175,921 sq. ft.) NA 218 spaces proposed 210 spaces required 1 BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Planned Development Overlay Amendment and General Plan Amendment On April 4, 2007, the City Council approved a Zone Change for the project site from Medium Density Residential (M) to Planned Development Overlay 11 (PDO -11). The approved PDO -11 allows for 62 single-family residential units on condominium lots with a density of 8.4 units per acre. The proposed amendment to PDO -11 would allow for 120 multi -family apartment units on the 7.24 acre site with a density of 16.6 units per acre and would provide for development standards for the site that are specific to multi -family apartment units. The proposed Planned Development Overlay also requires approval of a General Plan Amendment to change the General Plan designation from Medium Density Residential (M) to High Density Residential (H), which is consistent with existing multi -family developments located directly north and west of the project site. Other General Plan designations adjoining the site include Public Institutional (PI; Vail Elementary School) and Residential Low -Medium (LM) to the east and to the south. Though the proposed density is higher than the previously approved PDO -11, the proposed PDO -11 Amendment would result in reduced rooftop area and greater space between buildings as a result of the buildings being three stories and multi -family, and the extensive use of retaining walls required for the design of the previously approved single-family project is eliminated with the proposed project, resulting in a development that is more aesthetically compatible with its surroundings and that better integrates into the surrounding community. Site Plan The site has a steep slope below Mira Loma Drive and flattens out for the majority of the project site. Elevation ranges from approximately 1,095 to 1,144 feet above mean sea -level. A small drainage feature occurs adjacent to the project site along the northeastern boundary of the project site. The project site consists of undeveloped land covered with vegetation and a small area of asphalt from what was a parking area for a small school (The Carden Academy). The Mira Loma Apartments project is proposed as an 8 building, 120 -unit apartment complex with associated amenities including a clubhouse building. The Land Use Development Standards in the proposed PDO -11 Amendment, along with the proposed General Plan Amendment, will allow for the total number of units proposed. The proposed multi -family complex will include 40 one -bedroom units ranging in size from 654 square feet to 730 square feet and 80 two-bedroom units ranging in size from 941 square feet to 1,103 square feet. Primary access to the site will be via Mira Loma Drive at the northern end of the project site, with a secondary Mira Loma Drive access located just to the east of the primary access point. The Fire Department has reviewed the site plan and determined that there is proper access and circulation to provide emergency services. The project layout creates a walkable community by providing varied building placement and pedestrian pathways that interconnect throughout the entire site. These pedestrian pathways connect to the on-site tot lot, covered picnic areas along the eastern edge of the project site, 2 and to Mira Loma Drive and Rancho Vista Road with pedestrian scale decorative lighting throughout. Additional on-site amenities include a clubhouse with conference room, lounge, gym room, pool with lap lanes, and decorative paving at the main entry. Architecture The proposed architectural styles for the project are Spanish Colonial and Tuscan. The project proposes four different building types, including a Spanish Colonial and a Tuscan 14 -dwelling unit building and a Spanish Colonial and a Tuscan 16 -dwelling unit building. All of the apartment buildings are three-story with single -story elements at the ground floor. The proposed club house is based on the Tuscan architectural style of the apartment buildings and is a single story building. The project utilizes stucco and manufactured stone as primary wall materials with light earth tone colors on primary wall surfaces and contrasting trim colors. The project includes one combination of building materials and colors for each of the two elevation styles. The various materials and features proposed include the following for each architectural style: Spanish Colonial: Stucco plaster finish with arched design elements, balconies with metal railings, decorative iron details on exterior elevations, simulated wood header and corbel detailing, wood shutters, predominantly hip roofs with concrete "S" tile roofs, 18 -inch eaves, and garage door patterns to compliment the Spanish Colonial architectural style. Tuscan: Stucco and manufactured stone exterior finish, balconies with metal railings, stucco covered window plant shelves, wood shutters, predominately hip roofs with gables at projecting elements, 18 -inch eaves, 12 -inch rakes, and garage door patterns to compliment the Tuscan architectural style. The project also proposes attached garages, decorative covered trash enclosures designed to match the architectural style of the buildings. The applicant has provided specific details which are unique to the proposed architectural styles and elevations. Articulation is provided on all sides of the buildings so that each side of each product provides specific features of the proposed architectural style. Each of the proposed architectural styles is defined from the other through the use of color and material variation, door and window types, window and door trim, garage door design, materials such as stone, shutter styles, and the overall silhouette. The proposed elevations for this development meet the intent of the Citywide Design Guidelines. With the attached Conditions of Approval, the project meets or exceeds the intent of the Development Code and Design Guidelines. The proposed elevations achieve an overarching design to create a street scene with strong character as well as function, and visual variety. Landscaping The project will provide 55.8% of the site as landscaped open space, which exceeds the Development Code requirement of 30% for the Residential High Density (H) zone. Perimeter streetscape landscaping will include a mix of deciduous accent trees, evergreen background trees and ground covers. All streetscape trees will be a minimum 24 -inch box size. Slope landscaping will include trees (minimum 15 inch box size), shrubs and groundcover. Common area usable open space is provided throughout the site. As discussed above, the project includes a tot lot, network of pedestrian connections with gathering places (shade structures and picnic tables), and club house with pool. The total usable open space on site is 3 approximately 0.40 acre (not including slope areas and detention basins). In addition to common open space areas, all units are provided private patio/balcony areas ranging in size from 49 square feet to 98 square feet depending on the floor plan. Access/Circulation Based on the proposed P130-11 Amendment, a total of 210 parking spaces are required and 218 spaces are proposed. The proposed Development Plan application includes 12 of the required parking spaces as tandem parking spaces. The proposed PDO -11 Amendment and the Development Code both require one garage parking space for each unit. The proposed PDO -11 Amendment does provide for a lower parking ratio for uncovered spaces compared to the Development Code as PDO -11 proposes 0.3 uncovered spaces per one bedroom unit compared to 0.5 uncovered spaces required per unit by the Development Code; PDO -11 proposes 0.6 uncovered spaces per two bedroom unit compared to 1.0 uncovered spaces required per unit by the Development Code; and PDO -11 proposes one guest parking space per eight units compared to one guest space per six units required by the Development Code. The difference in the PDO -11 Amendment parking requirements compared to the Development Code requirements represents a 10.4 percent reduction in parking, which is consistent with parking reductions that have been provided for other projects based on Development Code Section 17.03.060.D.2 (Minor Exceptions) which allows for a reduction in the required parking by up to 15 percent. The project applicant contends that based on their experience with other apartment projects rental trends, the amount of guest spaces required by the Code results in excess parking on-site. Staff has reviewed the request and proposed parking layout with the opportunities for on -street parking at Mira Loma Drive. For the parking reduction requested for the Campanula apartment project recently approved by the Planning Commission, staff also surveyed parking opportunities at various times at The Vineyard project located on Pujol Street to determine the availability of parking for that project. The Development Code does allow for deviations from its requirements when the deviation from the code is minor in nature, and will not adversely impact the safety of the public or adjacent properties. Staff has determined that a decrease in the required parking spaces by 10.4 percent will not adversely affect the public safety or adjacent properties. The access lanes and parking areas provide adequate circulation for vehicles anticipated to utilize the site, including service vehicles and emergency vehicles. The Fire Department has reviewed the site plan and determined that there is proper access and circulation to provide emergency services to the site. The Public Works Department has reviewed the site plan and has determined that the project, as conditioned, provides adequate circulation and access. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on October 4, 2012 and mailed to the property owners within the required 600 -foot radius. 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 Mitigated Negative Declaration has been prepared for the project. 4 An Initial Study was prepared for the project in an effort to further evaluate if the project would generate any potentially significant impacts to the environment. This document was distributed and made available for public review on September 14, 2012. The results of the Initial Study show environmental impacts for the project are all less than significant with the mitigation proposed in the Mitigation Monitoring Program developed for the project. FINDINGS General Plan Amendment The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. This application is accompanied by a Development Plan for an apartment complex and a Zone Change to amend the existing PDO -11. The General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. The proposed design provides for a higher density, lower cost multi -family residential alternative that assists in providing for a variety of densities to accommodate existing and future housing needs in the City while enhancing the neighborhood through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood, thereby promoting the goals of the General Plan to provide for a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula (Housing Goal 1; Housing Policy 1.1 and 1.2), to provide a land use pattern that protects and enhances residential neighborhoods (Land Use Goal 5; Policy 5.1), and to preserve and enhance the positive qualities of individual neighborhoods (Community Design Goal 3; Policy 3.1 and 3.2) . The project design is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. The proposed amendment will not have an impact on the character of the surrounding area. The proposed General Plan Amendment will not have an impact on the character of the surrounding area because it has been designed to better integrate with the surrounding area, which includes High Density Residential (H) development to the north and to the west, than the previously approved design. The proposed design achieves better integration with the surrounding area through the elimination of the extensive use of retaining walls required for the single-family project and the provision of more open areas between buildings, resulting in a development that is more aesthetically compatible with its surroundings and that better integrates into the surrounding community, and through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood. Zoning Change The proposed Zone Change is consistent with the land use designation in which the use is located, as shown on the Land Use Map, General Plan and Development Code. The proposed Planned Development Overlay Amendment is consistent with the proposed land use designation for the property. The proposed General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. 5 Development Plan The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed Mira Loma Apartments project is consistent with the land use standards contained in the proposed PDO -11 Amendment. The project is also consistent with the High Density Residential (H) land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and fire and building codes. The overall development of the land is designed for the protection of the public health, safety and general welfare. The overall design of the Mira Loma Apartments, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in and around the site. The project has been reviewed for and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. ATTACHMENTS Aerial Map Plan Reductions PC Resolution (General Plan Amendment and Zone Change) Exhibit A — City Council Ordinance Exhibit B — Planned Development Overlay PC Resolution (Development Plan) Exhibit A — City Council Resolution Exhibit B — Draft Conditions of Approval PC Resolution (Mitigated Negative Declaration) Exhibit A — City Council Resolution Initial Study Mitigation Monitoring Plan Notice of Public Hearing 6 AERIAL MAP City of Temecula PA 12- 0033 & 0034 '7S 2b0 00 =eet Aerial - June 2011 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessors Department and the Transportation and Land Management Agency of Riverside County The City of Temecula assumes no warranty or legal responsbility for the information contained on this map Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. PLAN REDUCTIONS VICINITY NOT TO SCALE TOW/C411, SOUTH. RANCE 3 REST.30011001 OWNER/APPLICANT SIYA LOW m00v Av.IA.C. 4100AKTIII MIAIJIY UNI SN/E410 RAM OEILWIDIN0. CASON* VAX, f10)1166.01,3 ARCHITECT IU1NN01LTIB ARCH! TERIS. TND 3.70S W ACACIASTl8HT.31.49 NEWPORT 0EACN.CA 05604 MORD 19401 au•STI0 FAX'. 13131=61.!19: ENGINEER VSL ENGU(EFRPG 31503 TEME04A PARKWAY•AIN hMDMILA. CA 0:913 1110NR 19511206.3930 FAR MI/ 53/.1396 LANDSCAPE ARCHITECT UAV) REAULTA ASSOCIATES 41611 ED0I431PR06 CIRCLE NDRTIL •I40 TIhMECTM.CA 92510 PRONE 10511-:0.3430 FAX 19311219-0431 AMMONSPARC43. MIAOW, 04609000 SIRFRI A00606`. :0004 MORA LAMA DRIVE T0MfcU1A, CA 02502 ISOM.0 S111PTBN: PARCEL 3 AS SHOWN BY PARCEL 3104• :1014 -NPARCEL:MP ROOK 133. 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LLC, ohm., C..]`VV•1 F HANNOUCHF THIRD FLOOR PLAN Ff2S1 FLOOR PLAN Mira Loma SECOND FLOOR PUN ->e,awwmor. 1 4 -PE EX Spanish Colonial Building Floor flans Texr�c>c, 11C7, CA Mira Loma Recovery, LLC Son e.,,wm,o. C-0Vco P°�v 4<, ROOF PLAN 2/- 4 r -r -r mt. Side Elevation • , • Reor Elevation •• 1' Mira Loma Front Elevation 1 6-PLEX Spanish Colonial BUILDING ELEVATIONS Temecula, CA Miro Lomo Recovery, LLC n //ta Whiff 4.011.0 409 PIV14.91:. Spanish Colonial Roar Elevation Spanish Colonial Front Elevation Mira Lorna 1 6-PLEX BUILDING ELEVATIONS Temecula, CA Miro Lomo RecoveryLLC tivJ w» ik Spanish Colonial Side Elevation Tuscan Side Elevation Mira Loma Temecula, CA 1 6-PLEX BUILDING ELEVATIONS Miro LOmo Recovery, LLC Son Ynoscn� Co 92..l ,vo 90x n9n 9955 LOLL• ata ?OAS :at FIRST FLOOR PLAN •I,MYsiA4 1 Building Type 4 Spanish Colonial H -AM,, •non _v. THIRD FLOOR PLAN ..r..aosu. Third Floor Mira Loma SECOND FLOOR PLAN 1 6-PLEX Spanish Colonial Building Floor Plans Temecula, CA Mira Loma Recovery, LLC 650 E. Moco4615V Lv., 556 410 son ewr.onalme_ 48...94,4 lk ROOF PLAN 11-1105.0ft„):.1 Side Elevation Rear Elevation , , ,tP:ttir:reV" zi? , -1' 1 • 1' -.F. :I Fi 5 . Mira Loma Temecula. CA Front Elevation 1 4-PLEX Tuscan BUILDING ELEVATIONS Miro Lomb Recovery, LLC 000 I 1.10.4.45.1001.000. 310 0 .0 n n fly.. watar. Co Vd400 000 000 0954 asap w1i - H.It. r � ria" ae&+�-iititAkr=F;j51' "%:. Am i`T' >•�I� V w ` Tuscan Rear Elevation •:!a)�!' :ac�� Air w.o . M'�,.uuu ...-. .,.- .n -uun: � 1�- - - '� g xr ' r -r TJ�j'1 1:* mu iu tin iiS uiu um t atan cuu 1 ui,.�iu c �� _ o �t;.rr_ mt►_-� � i WW '` .`Y mac- ��,�' � �-�_ Tuscan Front Elevation Mira Loma Temecula. CA 1 4-PLEX BUILDING ELEVATIONS Miro Lomo Recovery, LLC p. 144442/010c.C �924M, Spanish Colonial Side Elevation Tuscan Side Elevation Mira Loma 14-PLEX BUILDING ELEVATIONS Temecula. CA Mira Loma Recovery, LLC owr .ww. u P I...,Soo* VWLEJe /V/ NYn .YI:U THIRD ROOR PLAN -e CVO SA HA NOUCMF FIRST ROOR PLAN ..marmu. Mira Loma SECOND FLOOR PIAN -6armssl 1 4-PLEX Tuscan Building Floor Plans Temecula, CA Mira Loma Recovery, LLC 660 F. Mo4441o4 V L... Sao 410 $p1 BtlTOf 09-0roFV955S k p, ROOF PLAN Side Elevation Rear Elevation Mira Loma Temecula, CA Front Elevation 1 6-PLEX Tuscan BUILDING ELEVATIONS Mlro Loma Recovery, LLC bsers.sk. 1.rnel :So 410 a stwas.+n r,, 44.1(4 Tuscan Rear Elevation Tuscan Front Elevation Mira Loma Temecula. CA 1 6-PLEX BUILDING ELEVATIONS Miro Loma Recovery. LLC not w,Kwvono :+..., y, N. MOO r!iv. Spanish Colonial Side Elevation Tuscan Side Elevation Mira Loma xr r Temecula. CA 1 6-PLEX BUILDING ELEVATIONS Mira Loma Recovery, LLC .,.nr..Mow, new:,:v.:In .a.. bnrnOrWw: r+2400 4 138'-1 P FIRST FLOOR PIAN u,rr..zs, 1; HANNOUCHF THIRD FLOOR PLAN -7.010591J. Mira Loma SECOND FLOOR PIAN -7)05ca u, 1 6 -PI FX Tuscan Building Floor Plans Temecula, CA Mira Lonna Recovery, LLC 630 a. 146tphSN Lune. S. n41109 Svc"w�70'951'90T92 3 Plan 3 Deck 941 S.F. 77 S.F. Plan 2 Deck ...'a... �.... aN VC E ......,. 730 S.F. 65 S.F. Mira Loma Plan 1 Deck 654 S.F. 53 S.F. Plan 1X Deck 675 S.F. 50 S.F. Unit Floor Plans Miro Loma Recovery, LLC Temecula, CA a40 E. Naspedni 1.0 a S. 410 SP' 8°5D 9094390,E55 Plan 4 Tuscan (Adaptable) Patio 1075 S.F. 73 S.F. wnc ROOM 3101 Plan 4 Deck DEC.( tor IIEDROot.4 r 1016 S.F. 96 S.F. Plan 4 Spanish 1 (Adaptable) Patio 1103 S.F. 112 S.F. Unit Floor Plans ,1 Mira Loma Mira Loma Recovery, LLC 6,0 E. MoeL1'a1ry Lan*. 10 410 ,Jr, Nwrxs tiro. Ca 97..oe 606,V0-9VSS Temecula, CA IITemecula, CA MAt4Zell 41,10.00,4.11 I mesa ANISE COLONIAL CORES DETAIL TUSCAN GORBEL DS AIL Mira Loma TUSCANY WOOD 9RITTL-R I iUsGANY POiSHELF Villa me/ TYPICAL SAVE SPANISH COLONIAL WINDOW TRIM SPANISH COLONIAL POOP SKITTER Typlcal Details V� Mira Lorna Recovery, LLC 660 e. moacetvenv Lone. she 4,0 SPANISH COL. DECORATIVE POTSILF I iUsGANY POiSHELF Villa me/ TYPICAL SAVE SPANISH COLONIAL WINDOW TRIM SPANISH COLONIAL POOP SKITTER Typlcal Details V� Mira Lorna Recovery, LLC 660 e. moacetvenv Lone. she 4,0 lk ROOF PLAN Rear Elevation Mira Lorna Right Side Elevation Left Side Elevation Front Elevation Club House BUILDING ELEVATIONS Temecula, CA Miro Loma Recovery. LLC Sn i • .rrOan,ay IO/,/. ,.,.416 Su..6w,a.a.w Cu .2406 u09 49n 995•. 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SHEET 3 OF 3 TYPICAL PLANTING ENLARGEMENTS LANDSCAPE CONCEPT PLAN FOR: MIRA LOMA APARTMENTS INLAND C MMLINITIES 11111 CITY OF MMECUL A 6-8' WIDE TRAIL tfr 4 q r7 -63 u TRAIL 3 -RAIL VINYL FENCE X f- �"� � of t5 4\r iCom _41.0, I, ,,t^I,J,`,,, w 1►►1...:2-1-fl)._77-.= � nth lir-f.,:-11-0n.)1)1,..„-__ i41111 Ili INLAND COMMUNITIES CORP !f11 -10 I) 3 -RAIL VINYL FENCE CONCRETE BOLLARDS WITH LIGHTS 6-8' WIDE TRAIL uJ I,J 0 O 0 BOUNDARY SECTION "C" PROPERTY BOUNDARY 6-8' TRAIL SECTION "C" s mar a ,..114*A-0...o., ti..•L elp ho Vista Village City of Temecula IFI EXHIBIT HOMES s PLAN VIEW HOMES HOMES HOMES A NORTH SECTION "A" SECTION "B" O 0 ALTERNATE ADA PATH VSL ENGINEERING 31805 TEMECULA PARKWAY #129, TEMECULA, CA. 92591 TEL. (951) 296-3930 FAX. (888) 537-1396 David EAULT ASSOCIATES Inc. 951 296 3430 waw.dnassoclales.com 12.10.12 COUNCIL BUSINESS Item No. 14 Approvals City Attorney Chief Financial Officer City Manager Pi/x-r- OaL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: January 22, 2013 SUBJECT: Selection of 2013 City Council Committee Assignments RECOMMENDATION: 1. Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees: Commission Liaison (One Member) Current Member Community Services Commission Comerchero Old Town Local Review Board Washington Planning Commission Naggar Public/Traffic Safety Commission Edwards 2. Appoint two members of the City Council to serve on each of the following Standing Committees: Standing Committees (Two Members) Current Members City Sustainability Program Committee Roberts, Washington Economic Development Committee Washington, Roberts Old Town Steering Committee Naggar, Roberts Finance Committee Naggar, Washington Infrastructure Beautification Committee Edwards, Naggar Joint City Council/TVUSD Committee Edwards, Washington Murrieta/Temecula Committee Naggar, Washington Public Works Committee Edwards, Roberts Southwest Cities Coalition Committee Edwards, Comerchero Youth, Family and Health Regional Task Force Naggar, Edwards 1 3. Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations — does not include a stipend): Representative Assignments (External Organizations) Current Member(s) Animal Shelter Liaison/JPA Representative Edwards League of California Congress — 2013 Voting Delegate Naggar, (Alternate Edwards) Military Liaison Representative Comerchero National League of Cities Annual Congress — 2013 Voting Delegate Naggar, (Alternate Edwards) Pechanga Tribal Council Liaison Roberts, (Alternate Naggar) Rancho California Water District Liaison Comerchero, Roberts Riverside County Child Safety Commission/School District Liaison Edwards Supportive Housing/Services Liaison (recommend move and create Ad Hoc Subcommittee) Washington Temecula Sister City Liaison Roberts 4. Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations — may include a stipend): Representative Assignments (External Organizations) Current Member(s) RCA Representative Edwards, (no alternate) Riverside County Habitat Conservation Agency Board Edwards, (Alternate Washington) Riverside County Transportation Commission Roberts, (Alternate Comerchero) Riverside Transit Agency Representative Comerchero, (Alternate Edwards) WRCOG Executive Committee and Zone Committee Washington, (Alternate Roberts) The Riverside Conservation Agency, Riverside County Habitat Conservation Board, Riverside County Transportation Commission, Riverside Transit Agency, and Western Riverside Council of Governments pay stipends to the representatives of the City. In the past, City council Members who were appointed as representatives or alternates abstained from voting for themselves in compliance with opinions from the Fair Political Practices Commission ("FPPC"). In March 2012, the FPPC amended FPPC Regulation 18705.5 that now allows Council Members to vote for themselves as members or alternates if the Council adopts a resolution approving the FPPC 806 Form which is posted on the City's Website, which delineates these positions, the stipends, and members thus appointed. The City Council has approved this form for existing appointments and the City Clerk posted Form 806 on the City's website. Therefore, in 2013, Council Members may vote for themselves as members or alternates to these positions that provide stipends for members and alternates. 5. Appoint members of the City Council to serve on each of the following Ad Hoc Subcommittees: Ad Hoc Subcommittees (Two members) Current Members Arts and Cultural Affairs Ad Hoc Subcommittee Comerchero, Edwards Civic Center Concert Ad Hoc Subcommittee Comerchero, Washington Community Service Funding Ad Hoc Subcommittee Naggar, Washington Diaz Property Ad Hoc Subcommittee Naggar, Washington eGovernment and Temecula Outreach Ad Hoc Subcommittee Comerchero, Edwards Firestone Property Ad Hoc Subcommittee Comerchero, Naggar 2 French Valley Parkway Interchange Ad Hoc Subcommittee Comerchero, Roberts Higher Education Ad Hoc Subcommittee Naggar, Washington Inclusive Play Structure Ad Hoc Subcommittee Naggar, Comerchero Jefferson Corridor Ad Hoc Subcommittee Roberts, Comerchero Luxury Car Dealership Ad Hoc Subcommittee Washington, Roberts Nicolas Valley Ad Hoc Subcommittee Roberts, Washington Old Town Civic Center Ad Hoc Subcommittee (recommend deletion) Comerchero, Roberts Old Town Gym Ad Hoc Subcommittee Comerchero, Washington Parks and Recreation Ad Hoc Subcommittee Comerchero, Washington Promenade Mall Ad Hoc Subcommittee Comerchero, Washington Public Facilities Ad Hoc Subcommittee Edwards, Roberts Quality of Life Master Plan Ad Hoc Subcommittee Roberts, Washington Ronald Reagan Sports Park Ad Hoc Subcommittee Edwards, Naggar Roripaugh Ranch Ad Hoc Subcommittee Comerchero, Roberts Santa Margarita Annexation Ad Hoc Subcommittee (recommend deletion) Edwards, Comerchero Small Business Incubator Ad Hoc Subcommittee Comerchero, Washington South Temecula Land and Transportation Ad Hoc Subcommittee Roberts, Washington Summerhouse Development Ad Hoc Subcommittee Roberts, Washington Teen Village Ad Hoc Subcommittee Comerchero, Washington Temecula Healthcare Ad Hoc Subcommittee Comerchero, Naggar Trails Ad Hoc Subcommittee Naggar, Washington Transit/Transportation Ad Hoc Subcommittee Roberts, Comerchero Wall of Honor Ad Hoc Subcommittee Comerchero, Edwards Youth Master Plan Implementation Ad Hoc Subcommittee Naggar, Washington 6. Consider appointing members of the City Council to serve on each of the following Ad Hoc Subcommittees proposed as new subcommittees: Ad Hoc Subcommittees (Two members) Current Members Annexation/Open Space Ad Hoc Subcommittee Human Services Ad Hoc Subcommittee Murrieta Creek Project Ad Hoc Subcommittee Supportive Housing Ad Hoc Subcommittee 7 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A REVISED FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS BACKGROUND: The City Council has established the policy of appointing one of its members to serve as liaison to each of the city commissions. This policy also included appointing council members to serve as the council's representatives to external organizations and on a number of standing committees and ad hoc subcommittees. The above committee 3 structure is recommended to facilitate the efficient flow of communication. Each year this list is reviewed and revised for the upcoming calendar year. The council members appointed on each of these respective committees will serve through calendar year 2013. Ad Hoc Subcommittees are formed for a specific limited purpose and will operate for a limited time until its purposes are fulfilled ("ad hoc") as opposed to "standing committees" that have continuing subject matter jurisdiction. The descriptions of the purposes and duration of the proposed ad hoc subcommittees are as follows: Annexation/Open Space Ad Hoc Subcommittee — This subcommittee will evaluate and provide recommendations regarding open space areas surrounding the City that should be annexed or acquired for preservation protection, as well as provide direction on developed areas for feasibility of annexation into the City of Temecula. This Subcommittee will report back to the City Council with recommendations by December 2013. Arts and Cultural Affairs Ad Hoc Subcommittee — This subcommittee will provide direction and recommendations involving the introduction/development of existing/new events, programming, facilities surrounding the arts. Examples may include update to City's cultural Arts Master Plan, public art initiatives, diversity and multicultural outreach. This committee will meet in November 2013 and will make specific recommendations to the City Council for 2013. Civic Center Concert Ad Hoc Subcommittee — This subcommittee will provide direction and recommendations that involve proposed and planned large concerts to be held within the Civic Center property including the Town Square and Civic Quad area. This committee will meet in November 2013 and will make specific recommendations to the City Council for 2013. Community Service Funding Ad Hoc Subcommittee — This subcommittee reviews funding applications from various non-profit organizations requesting Community Service funding for the year. This subcommittee will meet in October/November 2013 and will make specific recommendations to the City Council for 2013 Community Service funding. Diaz Property Ad Hoc Subcommittee — This subcommittee is responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the Agency owned property located at the North West Corner of Diaz Road and Dendy Parkway. Currently, the responses to request for qualifications of developers are pending before the Agency and are expected to be acted upon in 2013. The term of this subcommittee is through the completion of the development or disposition of the property. eGovernment and Temecula Outreach Ad Hoc Subcommittee — This subcommittee will provide recommendations and direction involving the use of communication technology to enhance the access to and delivery of City services, City information, and Public Safety information to benefit citizens, business partners, and employees. The Subcommittee will report back to the City Council with recommendations by December 2013. Firestone Property Ad Hoc Subcommittee — This subcommittee will provide staff direction on development options for the property located west of Pujol below the western escarpment. This property would include the construction of the Western By -Pass Corridor and has potential for an "in town" residential neighborhood adjacent to Old Town. The term of this subcommittee is through the completion of the development and disposition of the property. French Valley Parkway Interchange Ad Hoc Subcommittee — This subcommittee shall work with representatives from Caltrans, Federal Highways, and elected officials at the city, state, and federal levels. It is anticipated this subcommittee will report back to the City Council on its recommendations by December 2013. 4 Higher Education Ad Hoc Subcommittee — This subcommittee is responsible for attracting and facilitating the development of a higher education facility in the City of Temecula. The subcommittee will report back to the City Council on its recommendation by December 2013 with more frequent updates as may be necessary. Human Services Ad Hoc Subcommittee — This subcommittee will provide recommendations and direction involving Human Services programming and services. The subcommittee will report back on its recommendations to the City Council by December 2013 with more frequent updates as may be necessary. Inclusive Play Structure Ad Hoc Subcommittee — This subcommittee will provide recommendations and direction involving inclusive play structures within the City. The subcommittee will report back on its recommendations to the City Council by December 2013 with more frequent updates as may be necessary. Jefferson Corridor Ad Hoc Subcommittee — City Council has given staff direction to analyze the redevelopment of the Jefferson Corridor, the City's first commercial district. This subcommittee will provide staff with direction as we analyze the potential for an urbanized extension of Old Town including increased commercial and corporate office opportunities as well as mixed use residential development. The subcommittee will report back to the City Council on its recommendations by December 2013. Luxury Car Dealership Ad Hoc Subcommittee — This subcommittee is responsible for the attraction of luxury car dealerships to our community. Auto sales represent a large percentage of sales tax revenue to the City and the expansion and attraction of dealerships will preserve a revenue stream to maintain City services. The subcommittee will report back to the City Council on its recommendations by December 2013. Murrieta Creek Ad Hoc Subcommittee — This subcommittee will provide direction and recommendations that involve the Army Corps of Engineers Project that improves Murrieta Creek to provide added flood protection. It is anticipated that this project will be under construction beginning spring of 2013. This subcommittee shall report back to the City Council on its recommendations by December 2013. Nicolas Valley Ad Hoc Subcommittee — This subcommittee shall work with the residents of Nicolas Valley to develop new land use designations which could ultimately allow the formation of an Assessment District to allow for the paving of certain roads in Nicolas Valley. It is anticipated that this subcommittee will need to guide this effort for the next year. The subcommittee will report back to the City Council on its recommendations by December 2013. Old Town Civic Center Ad Hoc Subcommittee (recommend deletion) — This subcommittee is responsible for reviewing and providing general guidance related to the Civic Center in Old Town. It is also responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the Agency owned property located adjacent to the Town Square along Main Street in Old Town. The term of this subcommittee is through the completion of the Civic Center and the adjacent properties. Old Town Gym Ad Hoc Subcommittee — This subcommittee shall work with staff and the community to develop and construct a gymnasium in the Old Town Temecula area adjacent to the Boys and Girls Club. It is envisioned that the facility will be a full size gymnasium with restroom facilities, office space and all equipment necessary for competitive youth basketball play. This subcommittee will report back to the City council on its recommendations by December 2013. 5 Parks and Recreation Ad Hoc Subcommittee — This subcommittee would provide direction and recommendations on discussions/vision for re -invention of park sites, tot lots, and design input on inclusionary park at Pat Birdsall Park. The subcommittee will report back to the City Council on its recommendations by December 2013. Promenade Mall Ad Hoc Subcommittee — This subcommittee was established to provide policy direction for the expansion to the Promenade Mall. It is anticipated that the mall will continue to evolve and this subcommittee will be necessary through 2013. Public Facilities Subcommittee — This subcommittee would provide direction and recommendations on discussion/vision for appropriate utilization of existing City facilities, including the former City Hall complex. The subcommittee will report back to the City Council on its recommendations by December 2013. Quality of Life Master Plan Ad Hoc Subcommittee — This subcommittee will provide direction and input to the recently approved Quality of Life Master Plan, as well as future edits to the strategic goals/edits and objectives included within the plan. The subcommittee will report back to the City Council on its recommendations by December 2013. Roripaugh Ranch Ad Hoc Subcommittee — This subcommittee will monitor and report on the issues affecting the Roripaugh Ranch Community Facility District Bonds, litigation affecting the Roripaugh Ranch Project, and development issues affecting the Roripaugh Ranch Project. The subcommittee shall report back to the Council as needed through 2013. Santa Margarita Annexation Ad Hoc Subcommittee — (recommend deletion) This subcommittee will assist Planning Department staff in discussions and information dissemination with LAFCO staff and Commission members on the Santa Margarita Annexation. Small Business Incubator Ad Hoc Subcommittee — This subcommittee will work on programs to accelerate the successful development of entrepreneurial companies through an array of business support resources and services, developed and orchestrated by incubator management and offered both in the incubator and through its network of contacts. The subcommittee, supported by the City's Economic Development staff, will help formulate a plan to implement a City -sponsored small business incubator by the end of Fiscal Year 2012/2013. South Temecula Land and Transportation Ad Hoc Subcommittee — This subcommittee will review and provide direction on regional transportation and planning/land use issues in south Temecula extending from Ynez/De Portola Road south to the San Diego County Line. Projects such as Temecula Creek Inn, the proposed Heritage Hotel and potential changes to the proposed hospital would also be brought before this subcommittee. This subcommittee will meet on an as needed basis through December 2013. Summerhouse Development Ad Hoc Subcommittee — This subcommittee provides policy direction to staff regarding the Summerhouse Affordable Housing Development which is currently under construction. There are several milestones as this project proceeds that may necessitate direction from the subcommittee during 2013. Supportive Housing/Services Ad Hoc Subcommittee — This subcommittee, supported by the City's Housing staff, will work to identify and implement solutions to provide both housing and supportive services (i.e. food banks, job training, etc.) for families and individuals who meet the criteria of Extremely Low, Very Low and Low Income. Staff will work with private and faith - based providers to assist in the placement of families and individuals in privately funded Supportive Housing units in the City. The subcommittee will meet on an as needed basis as demand is warranted through 2013. 6 Teen Center Ad Hoc Subcommittee — This subcommittee will work with staff to explore concepts for a teen center/village, utilizing public/private partnerships. This subcommittee will meet on an as need basis and report back to the City Council by December 2013. Temecula Healthcare Ad Hoc Subcommittee — This subcommittee was formed to facilitate new hospitals in Temecula. It is anticipated that this subcommittee will need to continue through 2013. Trails Ad Hoc Subcommittee — This subcommittee will provide direction and input on the efforts underway to enhance existing trails, complete trail connections, as well as consider additional possible trail ways for multi-purpose uses including equestrian, pedestrian, and cycling. It is anticipated that this subcommittee will need to continue through 2013. Transit/Transportation Ad Hoc Subcommittee — This subcommittee will work with staff on the development and implementation of commuter transit services between Temecula Valley and north San Diego County. The subcommittee will report back to the City Council on its recommendations by December 2013. Wall of Honor Ad Hoc Subcommittee — This subcommittee will work with staff to make recommendations regarding community members who have made significant contributions to the City of Temecula. This subcommittee is needed on an on-going basis to potentially recognize outstanding citizens. Youth Master Plan Implementation Ad Hoc Subcommittee — This subcommittee will work with staff and the community to implement phases of the Youth Master Plan. The subcommittee will report back to the City Council on its recommendations by December 2013. FISCAL IMPACT: None RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Fair Political Practices Commission has recently adopted California Code of Regulation, Title 2, Section 18705.5 that authorizes public officials to vote on their own appointments to compensated positions on boards and commissions provided that the public official's appointing body adopts and then posts on its website a completed Form 806 listing each appointed position for which compensation is paid to the public official. Section 2. The City Council hereby approves Fair Political Practices Commission Form 806 disclosing the appointment of Council Members to compensated positions. Section 3. The City Council hereby authorizes and directs the City Clerk to execute Form 806 and to post the Form on the City's website. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 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 lltn day of December, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: None Susan W. Jones, MMC City Clerk EXHIBIT A COMPLETED FORM 806 CITY OF TEMECULA CITY CLERK DEPARTMENT MEMORANDUM TO: City Council FROM: Susan W. Jones, City Clerk DATE: January 22, 2013 SUBJECT: Amended Resolution No. 13- Council Agenda Item No. 14 Please find attached amended Resolution No. 13- , which authorizes public officials to vote on their own appointments to compensated positions on boards and commissions provided that the public official's appointing body adopts and then posts on its website a completed Form 806. The prior agenda's resolution was inadvertently attached to this agenda... 1/22/13 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A REVISED FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. The Fair Political Practices Commission adopted California Code of Regulation, Title 2, Section 18705.5 that authorizes public officials to vote on their own appointments to compensated positions on boards and commissions provided that the public official's appointing body adopts and then posts on its website a completed Form 806 listing each appointed position for which compensation is paid to the public official. Section 2. On January 22, 2013 the City Council made new appointments of Council Members to compensated positions on regional boards and commissions and now revises Form 806 to reflect these appointments, attached hereto as Exhibit A. Section 3. The City Council hereby adopts a new Form 806 to reflect the new appointments to compensated positions on regional boards and commissions and authorizes and directs the City Clerk to execute revised Form 806 and to post the revised Form 806 on the City's website. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of January, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 15 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tamra Irwin, Acting Director of Community Services DATE: January 22, 2013 SUBJECT: Human Services Update (at the request of Mayor Mike Naggar) PREPARED BY: Yvette Martinez, Inclusion Services Specialist RECOMMENDATION: Receive and file. BACKGROUND: City of Temecula Human Services division is dedicated to serving youth and families with and without special needs. The division seeks at approaching the objective of meeting human needs through an interdisciplinary team, focusing on prevention, support, empowerment and opportunities to promote the well-being of youth and families. The Human Services division addresses complex issues related to a diverse population of youth which include special needs, military, at -risk, foster youth, underserved, the mental health consumer and the aging adult. Some of the many challenges that face youth and families are issues related to poor self-image, bullying, lack of activities and programs, drug and alcohol influences, unhealthy teen relationships, socioeconomic status, and negative social media/gaming influences. Several recent and upcoming programs have been introduced to the community including: Educational Series/Mental Health Awareness: The division, in collaboration with Novell & Novell Counseling Services, is hosting a 4 -month "Educational Series" for parents/caregivers of children with special needs and/or mental health illness. The series will be held at the Temecula Community Center starting on January 16, 2013 through April 17, 2013. This seminar will offer support and tools to parents on how to address problematic behaviors in children, increasing resiliency in siblings and raising children in difficult times. In addition, we are working with local area non -profits like National Alliance of Mental Illness (NAMI) and Jefferson Transitional to provide additional support and resources to families affected by mental health illness, foster care system, adoption, and who are at risk. Exceptional Family informational to military families: In cooperation with Exceptional Families Service Member Program (EFMP), we will be hosting an informational seminar on February 6, 2013 from 6:00 — 7:30 pm at the Temecula Conference Center. Military families with children with special needs have unique challenges and struggles they face while being away from their mother/father who is deployed. This informational session will give military families an opportunity to explore what programs and services are available to them and their children. They will have the chance to speak with experts from the Exceptional Family Program and get the tools and resources they need. Inclusive Youth Job Development Workshop: On February 22, 2013, at the Temecula Conference Center from 10:00 am — 2:00 pm, the division will be hosting a Youth Job Development Workshop for transitioning youth between the ages 16-21 years old. This workshop will assist with identifying skills, job search techniques, resume writing, interviewing techniques, work readiness and job retention. Many transitioning youth with or without special needs face the challenge of not knowing how to navigate the workforce; this training will offer valuable resources and tips and prepare youth for success. Human Services Resource Guide: The City will be releasing a human services resource guide which will include our existing special needs guide, a new section for senior services and all resources that meet the human services umbrella. The guide is intended to provide resources to meet the human needs of the community at large. This guide will be made available by request and/or online at the City of Temecula website. A tentative date for its release is in the spring of 2013. AARP Free Tax Aide: The City, in cooperation with American Association of Retired Persons (AARP), will be offering assistance in completing non -business tax returns every Friday beginning February 1, 2013 at the Mary Phillips Senior Center (MPSC). This service will be administered by trained AARP volunteers and will cover information on any 2012 income received, including Social Security, SSE, plus expenses that might qualify an individual for itemized deductions. Inclusive Youth Advisory Council: The Youth Advisory Council (YAC) is an ongoing teen leadership program. With the newly created Middle School Youth Advisory Council, these teens are being given the opportunity to gain new skills and enhance other skills. The teens have volunteered for City events such as the holiday parades, family event nights, and Arts & Culture. YAC has collaborated and planned the annual Rocktober festival and most recently sponsored the Supporting Kids Involving Parents (SKIP) Christmas Social while conducting a canned food drive with the non-profit organization People Helping People. In addition to their volunteerism, students are provided workshops in lessons that they can take with them when they transition into adulthood. Some examples of these workshops are: resume and cover letter building (January 15th), Internet Safety (February 5th), Youth Job Development (February 231 and more. SAT Practice Tests: The City, in collaboration with Kaplan, has been providing quarterly, free Practice SAT Tests. Kaplan has done a wonderful job administering these examinations as well as discussing better test -taking skills, how to enhance scores, and more. In the last year, over 500 students in our community have benefited from this opportunity and many families have expressed the benefit it has had on their children and their SAT scores. For the spring season, there is one more scheduled on April 13, 2013. Informational College Presentation Nights: Various universities, in collaboration with the City, have worked together to provide free college informational nights. In the spring Notre Dame University (February 21) and California State University, San Marcos (March 14) will explain the enrollment process, requirements and financial aid. College Excursion: On March 29, 2013, Temecula students will have the opportunity to attend their first City -hosted excursion. California State University, San Marcos and San Diego State University (SDSU) will each conduct one-hour admissions tours. At SDSU students will also get the opportunity to be an Aztec for a day and eat lunch on campus as well as enjoy a housing tour. Our goal is to hold this type of excursion annually and give Temecula Valley Unified School District students the opportunity to explore some local post -secondary options. Alcohol and Drug Prevention Workshop: The City is partnering with Hill Alcohol and Drug Treatment Center, who was recently acknowledged by Council Member Washington, to provide a free informational workshop for youth and adults suffering from alcohol and drug abuse. The workshop will give information on alcohol and drug prevention as well as intervention and recovery. The workshop will be offered in the summer 2013. Addiction and Gaming Workshop: The City, in collaboration with Novell & Novell Counseling Services, will be hosting an "Addiction and Gaming Workshop" for children, youth and adults who are affected by a gaming addiction or know someone who is. The workshop will address the difference between addiction and normal video game usage, warning signs of a gaming addict, effects of gaming addiction and how to get help and support for recovery. The workshop will be taught by licensed clinical therapists and will be offered in the summer 2013. FISCAL IMPACT: None ATTACHMENTS: None Item No. 16 Approvals City Attorney Chief Financial Officer City Manager M -r - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: January 22, 2013 SUBJECT: Discussion of Farmer's Market Operating/Licensing Agreement and Proposed Process PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Approve the Old Town Steering Committee's recommendation to not issue a Request for Proposals (RFP) and negotiate a new Licensing/Operating Agreement with Farmer's Market Management, Inc. for the management and operation of a Certified Farmer's Market. BACKGROUND: On May 22, 2012, the Successor Agency to the Temecula Redevelopment Agency executed the Third Amendment to the Farmer's Market License Agreement with Farmer's Market Management, Inc. for the use of the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. The Third Amendment extended the expiration date of the Agreement from December 31, 2012 to April 1, 2013 to enable the Successor Agency and the City of Temecula time to complete the confirmation of title to the Sixth Street property. The Successor Agency recommended that the Old Town Steering Committee evaluate the possibility of issuing a "Request for Proposal" (RFP) for the management of the Farmer's Market. On January 15, 2013, the Old Town Steering Committee, consisting of Mayor Naggar and Councilman Roberts, met to discuss the possibility of issuing an RFP for the management of the Farmer's Market and to consider issues that need to be addressed in a new Licensing and Operating Agreement. The title of the property has been confirmed to be owned by the City. The Old Town Steering Committee recommended that staff does not issue an RFP, but to negotiate a new Licensing and Operating Agreement between the City and the current operator and manager, Farmer's Market Management, Inc. for the use of the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. Because the current Agreement is set to expire on April 1, 2013, staff will bring the new Agreement to City Council for approval no later than March 26, 2013. The Steering Committee recommends several issues to be addressed upon the execution of the new Agreement to be considered by City Council. Definition of "handcrafted" items The Steering Committee recommends adding to the definition of "handcrafted" as someone who makes their own product, i.e. not mass produced. Recognizing there are varying levels of handmade, the Steering Committee recommended that at least 50% of the product is handmade. It is also intended that the artist sells the product him or herself. The Committee suggested researching the regulations of the Saw Dust Festival in Laguna Beach for requirements of handmade items. Application to sell handcrafted items Any vendor wishing to sell handcrafted items must complete an application and be approved by both the operator and the City. This process will include providing a list of people allowed to sell the product and a mechanism for complaints. Complaints will be investigated within one week by a designated Code Enforcement Officer. When the new Agreement is executed, the process for dealing with violations of this item will be identified, including, but not limited to, revoking the permit of the vendor and/or the agreement with the operator. Definition of Old Town Merchant The Steering Committee recommends tightening up the definition of "Old Town Merchant" as a single merchant at an established address in the Old Town Specific Plan area and no sublets or consignments are permitted. Adherence to the Agreement The Steering Committee recommends Code Enforcement shall conduct weekly inspections at the Farmer's Market to ensure compliance with the Agreement. A process for handling violations will be established with the execution of a new agreement. Parking The Steering Committee recommends increasing the number of handicapped spaces available for patrons of the Farmer's Market. Staff will explore the designation more spaces along Sixth Street for that purpose. In addition, extra signage shall encourage Farmer's Market patrons to utilize the Civic Center Parking Structure. Number of booths for Old Town Merchants The Steering Committee recommends designating a certain percentage of vendor spaces to Old Town Merchants within the Farmer's Market. If there is a waiting list for Old Town Merchant vendors, current vendors are limited to a three-month term before a new merchant is rotated in. Expansion of the Farmer's Market The Steering Committee does not recommend expansion of the Farmer's Market at this time. If the Farmer's Market were to express interest in expanding onto private property in the future, staff would evaluate the process at that time. Expansion of the Farmer's Market would result in a modification of the Conditional Use Permit. FISCAL IMPACT: Per the new License Agreement, Farmer's Market Management, Inc. would provide up to $1,000 per month for the license fee to the City. DEPARTMENTAL REPORTS Item No. 17 Approvals City Attorney Chief Financial Officer City Manager 0/x-r- Cloz CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: January 22, 2013 SUBJECT: Development Services Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the recent highlights for Development Services for the months of November and December 2012. ECONOMIC DEVELOPMENT Temecula Valley Entrepreneur's Exchange (TVE2) The Grand Opening and Open House forTVE2was held on November 3, 2012. Approximately 100 attendees were at the event. Incubator client companies NZN Labs and Anywhere Science provided demonstrations of their products. The facility opened its doors to the public on November 5, 2012. On November 8th, TVE2 hosted a "How to Start Your Small Business" workshop conducted by the IESBDC, with approximately 40 attendees. On November 14th, TVE2 hosted a "Google for Entrepreneurs" presented by Musselwhite Marketing, with approximately 29 in attendance. The IESBDC conducted 10 business consultations at the TVE2 Resource Center. We received applications from two more companies to participate in the TVE2 incubator program. The selection committee is scheduled to meet the week of January 14th to review the applications. Marketing efforts continue through social media (Facebook and Twitter), website (tve2.org), weekly e -blasts, and local television. (KITZEROW) Banner Program On October 23, 2012, City Council approved a comprehensive citywide street pole banner program. The new program will be implemented over five years and will gradually phase out and replace the current banners. The banners will be located in three areas within the City including Old Town, Rancho California Road, and the four streets surrounding the Promenade Mall (Winchester, Ynez, Margarita and Overland). In addition to the citywide banner program, the City Council approved an Active Military Appreciation Banner Program. This program will allow active duty service members and their families to apply for the chance to have the active duty service member's photo, name, rank, and branch of service placed on a banner that will be displayed on the street poles in Old Town. On November 11, 2012, the first round of the military banners was installed during the City's Veterans Day Ceremony. There are currently 12 military banners and 12 generic flag banners installed in the Civic Quad, with plans to install approximately 15 additional military banners on Old Town Front Street in January. (DAMKO) Fellowship & Internship Programs The City of Temecula Internship Program offers part-time internships to high school and undergraduate college students. The internships are designed to expose students to the workings of local city government. Internship positions are open year round in three sessions of 10 weeks (spring, summer, fall,) and interns may be eligible for compensation. A new round of intern hiring is underway, with the new interns working on a semi-permanent basis. There are currently over 30 interns placed within different City departments. (WALKER) CURRENT PLANNING ACTIVITIES New Cases The Division received 56 new applications for administrative, other minor cases, and home occupations including 11 applications for public hearings during the months of November and December. A detailed account of current planning activities can be found at the end of this report. Special Projects & 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: • Community Development Block Grant (CDBG): On June 14, 2011, 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. City Council adopted a Citizen Participation Plan (CPP) that set forth the City's policies for citizen participation in the development of its Five -Year Consolidated Plan for the program. The final grant agreement for $475,558, was executed on July 24, 2012. Although the City has received CDBG funding for many years, this is the first year the City of Temecula will receive CDBG funds directly from HUD. During Fiscal Year 2012-13, the City plans to fund three public facility projects and five local service providers. On November 26, the City held two CDBG workshops at the Conference Center. HUD requires the City to hold outreach meetings each year to allow for community and citizen participation and feedback regarding annual CDBG funding. A second workshop was held for non-profit organizations to provide technical assistance for those seeking to apply for a portion of the 15% service funding allocation for the City's CDBG grant allocation. (WEAVER) • 2014-2021 Housing Element Update: State law requires the City to adopt an update to the Housing Element and have it certified by the State Department of Housing and Community Development (HCD). The City is collaborating with Pacific Municipal Consultants (PMC) to assist with the update of the Housing Element. Project efforts began in July 2012. Public outreach efforts include one workshop, a public review period, and two public hearings. City Council must adopt the updated Housing Element prior to October 15, 2013. On December 3, there was a community workshop to discuss the updated Housing Element. (WEAVER) • Temecula Regional Hospital: This project was approved by the City Council on January 22, 2008. Vertical construction for the first hospital bed tower began on February 13, 2012 and erection of the structural steel was topped out on March 22, 2012, and was substantially complete on May 16, 2012. The exterior of the building is scheduled to be completed in January 2013, and the scaffolding will begin to come down in January 2013. Windows have been installed in the tower and the final color coat of stucco is being applied to the tower. Interior wall framing is approximately 95% complete, interior walls are being painted, suspended ceilings are being installed, elevators are being installed, and installation of flooring will begin in January 2013. Approximately 145 people are working on the site and construction is on schedule for an August 2013 completion of Phase I. (FISK) • Jefferson Avenue Study Area Visioning and Public Outreach: The Jefferson Avenue Study Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street and east of Diaz Road. In January 2011, City Council established the Jefferson Avenue Ad Hoc Subcommittee comprised of Mayor Ron Roberts and Council Member Jeff Comerchero. The City was awarded a SCAG Compass Blueprint Demonstration Project Grant to assist the City with the public outreach and visioning process for this project. Through SCAG's RFP process, MIG, Inc. was selected as the planning and public outreach consultant to conduct six visioning workshops„ to solicit community and stakeholder input, setting the foundation for a Specific Plan. The Specific Plan is intended to guide the revitalization of this area over the next 15-30 years. A project website was also established, www.envisioniefferson.orq, to track the visioning process and provide ongoing updates and information, via the web, to the public during the visioning process. Upon the completion of the Visioning Workshop series, Staff presented the eight recommendations and goals that emerged from the public visioning process, to the Public/Traffic Safety, Community Services, and Planning Commissions. On August 14, 2012, City Council authorized staff to prepare a Specific Plan for the Jefferson Avenue Study Area based upon the 8 Visioning Recommendations and Goals. The Specific Plan will also include a financing study and infrastructure plan to ensure market feasibility. (RICHARDSON/WATSON/I N N ES/WEST). • Jefferson Avenue Study Area Specific Plan: On August 14, 2012, the City Council authorized staff to begin the preparation of a Specific Plan for the Jefferson Avenue Study Area based upon the eight recommendations and goals that emerged from the public visioning process. Staff is currently working on developing the Specific Plan framework and plan organization. Public meetings to present sections of the draft Specific Plan will occur intermittently over the next 18 months. The Environmental Impact Report will be prepared simultaneously as the Specific Plan document is developed and drafted. Plan completion is anticipated in late 2013 -early 2014. The Envision Jefferson project website will be maintained for the duration of the preparation of the Specific Plan to ensure public participation and communication during the planning process. (RICHARDSONIWATSON/ INNES/WEST) • Caltrans Community Based Transportation Planning Grant: The City was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant to fund a multi -jurisdictional transportation corridor planning studyforthe Highway 395 Corridor within the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. The Highway 395 Corridor is a 16 -mile 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 study will analyze affordable housing opportunities, mixed-use development, and mobility. Fehr and Peers has been selected for the project. The community outreach and engagement effort is coordinated through the SCAG Compass Blueprint Demonstration Project in conjunction with the Jefferson Avenue Study Area. The Plan is anticipated to be completed in February 2013. For more information, visit www.highway395corridorstudy.orq. (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, and 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 included visioning workshops and a website dedicated to the visioning and public outreach process. The visioning process took place from October 2011 through July 2012 and is complete. (WEST/INNES) • Bike Lane and Trail Program (BLTP): On October 9, 2012, City Council adopted a resolution to reaffirm and clarify the Bike Lane and Trail Program Map. The map identifies existing bike lanes and trails, but also identifies gaps that need to be closed to complete a Citywide network. The map also classifies future bike lanes and trail routes to develop an Old Town to Wine Country Trail, a Lake Skinner Trail, and a Temecula Loop around the entire City. In addition, staff has met with representatives from the Sierra Club, National Park Service (NPS), Murrieta, Wildomar, and Riverside County on regional trail planning. The Sierra Club was awarded a Technical Assistance grant from the NPS and the southwest Riverside County municipalities are all participating with the purpose of creating a regional trail system and a partnership agreement to work with various utility districts to get easements opened up for trails. (PETERS) • SMER Open Space Preserve Plan: In June 2012, the City and San Diego State University (SDSU) staff met to discuss the possibility of a 50 -year lease on a portion of the Santa Margarita Ecological Reserve (SMER). At the conclusion of the meeting, the Trails Ad Hoc Committee was tasked by the Vice President for Research and the Dean of Science at SDSU to draft a concept paper outlining the benefits of SDSU leasing approximately 250 acres of land at the SMER to the City. As a result, an Open Space Preserve Plan emphasizing habitat preservation and restoration while providing access for recreation, such as multi -use trails, and education opportunities was completed and has been forwarded to SDSU for their consideration. If SDSU and the City agree to move forward with a lease, the next step will be to develop a more detailed management plan. (PETERS) Energy and Conservation Program Activities Western Riverside Energy Leadership Partnership: This Partnership, which consists of 11 WRCOG member cities and Southern California Edison (SCE), provides performance-based programs and incentives for participating cities to develop and demonstrate energy efficiency leadership within their communities. Program activities include retrofitting or implementing energy efficiency measures at municipal facilities, developing an energy action plan, and providing opportunities for the community to take action in their homes and businesses. The program was granted an extension and is scheduled to be completed in March 2013. (WEST) • Municipal Facility Energy Benchmarking: This project will establish the baseline performance of City facilities by assessing energy performance, water efficiency, and carbon emissions using the Environmental Protection Agency's Portfolio Manager. This effort will enable the City to track the performance of facilities over time and determine the cost effectiveness of policies affecting operational decisions and energy efficiency measures. A draft report including benchmarking policies is anticipated to be completed in October2012. The draft procedures and policy report is currently being reviewed by staff. It is anticipated the report will be brought to the City Council in early 2013. • Energy Action Plan (EAP): This project focuses on energy usage and energy reduction goals for City owned and operated facilities. A draft report was completed in September, 2012, which established baseline energy use, policies, and procedures to reduce energy use at City facilities. The draft EAP is currently being reviewed by staff. It is anticipated the report will be brought to the City Council in early 2013. • The Green House Gas (GHG) Emissions Inventory: This project will establish a greenhouse gas emissions inventory for City owned and operated facilities. Data from the Energy Action Plan is used to establish a 2010 baseline for the emission inventory. A draft emission inventory was completed in September 2012. The draft report is currently being reviewed by staff. It is anticipated the report will be brought to the City Council in early 2013. • Revolving Energy Fund: This activity establishes the framework to institute a revolving energy fund to improve the energy efficiency at City facilities. The activity will tie together the efforts of the Municipal Facility Energy Benchmarking and the Energy Action Plan to provide an ongoing funding source which will improve the energy efficiency of City facilities and save the City money over time. Staff is currently reviewing the draft policies and procedures guidelines. It is anticipated the report will be brought to the City Council in early 2013. Solid Waste and Recycling: In January 2012, AB 341 established mandatory commercial recycling for businesses that generate four or more yards of trash per week, and for multi -family residential dwellings of 5 units or more. In preparation of the new regulations, staff partnered with CR&R to develop the framework of a program that complies with the new regulations. CR&R and the City will develop an educational and outreach component, including contact with the top waste generating businesses, on-site waste audits, website and Public Information Channel updates, printed materials for billing inserts, Business License renewals, and coordination with the Temecula Chamber of Commerce. Staff also assists with coordination and public outreach for the Citywide Clean -Up, the Household Hazardous Waste Collection Event, and the Backyard Composting Workshop. The City and their franchise waste hauler, CR&R, provide two citywide collection events each year. At these events, residents can bring electronic waste, appliances, and large miscellaneous hard to handle items. During the October 6, 2012 event more than 82 tons of trash and recyclables and 400 gallons of motor oil was collected for proper disposal and recycling. The next citywide collection event is scheduled for March 9, 2013. Information about the Citywide Clean- up is posted on the City's website. The temporary Household Hazardous Waste Collection Events (HHWE) and the Backyard Composting Workshops are County of Riverside Waste Management programs and are open to all Riverside County residents. The next HHWE collection event is scheduled for January 26, 2013. (WEST) Energy Efficiency and Conservation Block Grant Activities: In March 2010, the City was awarded grant funds through the American Recovery and Reinvestment Act (ARRA) to develop energy efficiency programs. The City was granted $940,700 from the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG). The following activities have been identified to be funded with the EECBG: the Adaptive Traffic Signal Synchronization Project, the CRC Energy Retrofit, and the Traffic Safety and Bridge Lighting Retrofit Project. (WEST) • Adaptive Traffic Signal Synchronization Project: In August, 2010, the City Council authorized the purchase and installation of the Adaptive Traffic Signal Synchronization equipment along the Winchester Road, Rancho California Road, Temecula Parkway, and Jefferson Avenue corridors. The adaptive traffic signal synchronization system continuously analyzes and evaluates traffic data along the corridor and selects the most appropriate traffic signal timing, resulting in a 14% reduction in travel time, 17% improvement to travel speeds, 29% reduction in the number of vehicular stops, an annual savings of 112,000 gallons of fuel for an annual savings of $437,000 in fuel costs, and an annual reduction of 14,000 pounds of emissions. The project was completed in August 2011. • Municipal Facilities Energy Retrofit Project: In December 2010, the City completed a preliminary comprehensive energy conservation survey of the Community Recreation Center (CRC). The CRC energy retrofit project involves the replacement of 18 rooftop HVAC systems with high efficiency HVAC systems, the application of window tinting on west, east and south facing windows, and the replacement of existing light fixtures in the gymnasium with more efficient T5HO and T8 fixtures. The project also includes the implementation of server virtualization software for City computers. The application of window tint and the replacement of HVAC systems were completed in June 2012. Server virtualization software for City computers implementation was completed in August 2012. The combined annual energy savings is estimated at 308,000 kWh, which will save the City approximately $46,000 in operating costs. The project was completed in August 2012. • Traffic Safety and Bridge Lighting Retrofit Project: In April 2012, the City authorized the use of EECBG funds to replace lower efficiency high pressure sodium lighting technology with more energy efficient induction lighting technology at 240 traffic intersections and bridges within the City of Temecula. The project will reduce energy consumption and save the City operational and maintenance costs. The annual savings to the City is estimated to be 313,170 kWh and $66,000. Council approved contracts for the project in July 2012, including a contract with Tanko Street Lighting Inc. for the purchase of the induction lighting and with Republic Intelligent Transportation for the installation of the lights. The installation of the new induction lighting was completed in August 2012. BUILDING AND SAFETY Inspections During the month of November, Building and Safety conducted 1,650 inspections. On average, there were 78 inspections per day, or approximately 22 inspections per inspector, per day. During the month of December, Building and Safety conducted 1,386 inspections. On average, there were 66 inspections per day, or 19 inspections per inspector day. Foreclosures Building and Safety works with the local real estate community to monitor foreclosures, real estate owned properties, and those properties in default in both commercial and residential development. The following charts demonstrate November and December activities in Temecula. November Real Estate Data CODE ENFORCEMENT December Real Estate Data Residential Commercial Default 221 11 Foreclosures 327 2 REO 134 73 Total 682 86 CODE ENFORCEMENT December Real Estate Data In the month of November, Code Enforcement responded to 111 web complaints from constituents. In addition, they opened 49 cases, 41 of which were residential and 8 were commercial. Code Enforcement also pulled 152 non -conforming signs in the community. The breakdown of Code Enforcement responses can be found in the following charts. In the month of December, Code Enforcement responded to 63 web complaint from constituents. In addition, they opened 36 cases, 31 of which were residential and 5 were commercial. Code Enforcement also pulled 51 non -conforming signs in the community. The breakdown of Code Enforcement responses can be found in the following charts. November 2012 Code Enforcement Summary TYPE OF CODE CASE Residential Commercial Default 232 12 Foreclosures 333 2 REO 151 74 Total 716 88 In the month of November, Code Enforcement responded to 111 web complaints from constituents. In addition, they opened 49 cases, 41 of which were residential and 8 were commercial. Code Enforcement also pulled 152 non -conforming signs in the community. The breakdown of Code Enforcement responses can be found in the following charts. In the month of December, Code Enforcement responded to 63 web complaint from constituents. In addition, they opened 36 cases, 31 of which were residential and 5 were commercial. Code Enforcement also pulled 51 non -conforming signs in the community. The breakdown of Code Enforcement responses can be found in the following charts. November 2012 Code Enforcement Summary TYPE OF CODE CASE RESIDENTIAL COMMERCIAL TYPE TOTAL Abandoned or Inoperable Vehicle 5 0 5 Vacant Home / Property Maintenance / Rodent infested 1 1 2 Business or Home Occupation w/o license 1 2 3 Abandoned Home /Vandalization 1 0 1 Trash and Debris /Parking lot maintenance 2 1 3 Overgrown Vegetation/ Weeds / Fire Hazard 5 0 5 Green Pool /Vector Control 4 1 5 Graffiti 2 2 4 Noise 1 0 1 Trailer/ RV Stored 5 0 5 Contructionw/o Permit 2 1 3 Encroach Public ROW /Trash Cans 10 0 10 Other/Homeless Encampment 0 0 0 Other/Smoking Ordinance /Safety Issue 1 0 1 Other /Safety Issue - Pool no fence/gate 1 0 1 TOTAL OF CASES 41 a 49 Sign Violations, including Election signs (cases not created) 150 2 152 NOVEMBER 2012 TOTAL 201 December 2012 Code Enforcement Summary TYPE OF CODE CASE RESIDENTIAL COMMERCIAL TYPE TOTAL Abandoned or Inoperable Vehicle 2 1 3 Vacant Home / Property Maintenance / Rodent infested 1 0 1 Business or Home Occupation w/o license 1 1 2 Abandoned Home /Vandalization 0 0 0 Trash and Debris / Parking lot maintenance 2 0 2 Overgrown Vegetation /Weeds /Fire Hazard 3 0 3 Green Pool /Vector Control 2 0 2 Graffiti 2 2 4 Noise 0 0 0 Trailer/ RV Stored 1 0 1 Contruction w/o Permit 3 1 4 Encroach Public ROW/ Trash Cans 12 0 12 Other/ Homeless Encampment 0 0 0 Other/ Smoking Ordinance / Safety Issue 1 0 1 Other/ Safety Issue - Pool no fence/gate 1 0 1 TOTAL NUMBER OF CASES 31 5 r 36 Sign Violations (cases not created) 48 3 51 DECEMBER 2012 TOTAL 87 Planning Agenda Report 11/1/2012 through 12/31/2012 1. Recently Approved APN # 910110042 • PA12-0222 Crossroads Church Services TUP ERIC JONES A Major Temorary Use Permit to allow Crossroads Church to conduct church services at 26090 Ynez Road while a Conditional Use Permit is being processed for the long term use of the site for church services. Submitted Date Approved Date Nov 92012 Dec 20 2012 APN # • PA12-0241 Vet Center Winter Festival 910110086 VICTORIA HERNANDEZ A Major Temporary Use Permit for a Winter Wonderland Festival at the Temecula Veterans Affairs Center including free toys, food and crafts; pictures with Santa; live music and dancers on December 14, 2012, from 5:30 p.m. to 8:30 p.m. at 40935 County Center Drive, Suite A&B. Submitted Date Approved Date Nov 292012 Dec 122012 • PA12-0109 Jesus Love Minor CUP APN # 909324013 ERIC JONES A Minor Conditional Use Permit to allow the Jesus Love Korean Church to operate within an existing industrial structure located at 27286 Via Industria (APN 909-324-013) Submitted Date Approved Date Jun 7 2012 Nov 1 2012 1 of 5 Planning Agenda Report 11/1/2012 through 12/31/2012 2. Scheduled for Hearing APN # • PA12-0033 Mira Lorna Apartments DP 944060006 STUART FISK A Multi -family Residential Development Plan to construct 120 apartment units on a 7.24 acre site located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Associated with PA12-0034 (GPA/PDO-11 Amendment). Previous PR11-0023 Submitted Date Anticipated DRC Meeting Date City Council Feb 22 2012 3/22/2012 Jan 22 2013 • PA12-0034 Mira Loma GPA/PDO Amend APN # 944060006 STUART FISK A General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential and a Zoning Text Amendment to revise the text for Planned Development Overlay -11 (PDO -11) associated with the Mira Loma Apartment project (PA12-0033) located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Submitted Date Anticipated DRC Meeting Date City Council Feb 22 2012 3/22/2012 Jan 22 2013 2 of 5 Planning Agenda Report 11/1/2012 through 12/31/2012 3. New Submittals Pending DRC Meeting APN # Linfield TTM 36098 955020006 • PA10-0348 ERIC JONES A Tentative Map application (for conveyance purposes) to allow Linfield Christian School to create four additional parcels. Total parcels within the school property will equal eight. Parcels will range in size between 2.52 - 6.63 acres. Located at 31950 Pauba Road. (Related Applications PA10-0349, Major Mod, and PA10-0347, PDO Amendment) Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 152010 TBD • PA12-0073 Crossroads CUP & MOD APN # 910110042 ERIC JONES A Minor Conditional Use Permit and Minor Modification application to allow Crossroads Church to operate within an existing industrial building located at 26090 Ynez Road. The project will be constructed in two phases. Modifications include an expansion of on-site parking spaces and new doors for access to the structure (APN: 910-100-042) Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 12 2012 TBD • PA12-0164 Lienzo Charro CUP APN # 922120008 ERIC JONES A Minor Conditional Use Permit to allow Lienzo Charro to conduct live indoor entertainment. The entertainment will consist of open mic night Wednesday through Friday from 7 p.m. - 1:30 a.m. with Mariachi bands also on Friday from 3 p.m. - 8:30 p.m. A 21 and over dance club is proposed for Saturday from 9 p.m. - 1:30 a.m. Salsa dancing is proposed for Sunday from 8 p.m. to 1 a.m. The project is located 29000 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 20 2012 TBD • PA12-0178 APN # Gateway Plaza DP 961290002 KENNY TAYLOR A Commercial Development Plan to construct a two-story 29,211 square foot medical office building on a 1.48 acre vacant lot located on the west side of Avenida de Missiones, approximately 300 feet south of Temecula Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 7 2012 10/18/2012 TBD • PA12-0208 McDonalds CUP APN # 921700002 KENNY TAYLOR A Conditional Use Permit to allow for a drive-thru for a proposed McDonalds (PA12-0207; Development Plan) within an existing commercial center located at 30580 Rancho California Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 18 2012 TBD • PA12-0215 APN # Temecula Rod Run 922026008 DAWN ADAMIAK A Special Event Permit for the annual Rod Run to display cars and for vendors and entertainment. The event will take place on March 8th and 9th, 2013. Old Town Front Street and adjacent side streets will be closed on Friday from 1 p.m. to 7 p.m. and on Saturday from 5 a.m. to 4 p.m. Submitted Date Anticipated DRC Meeting Date Hearing Planned 3 of 5 Planning Agenda Report 11/1/2012 through 12/31/2012 Oct 31 2012 TBD • PA12-0224 Hine Subaru Major Mod APN # 921730066 KENNY TAYLOR A Major Modification to the existing Hine Mazda Development Plan to add a 2 040 square foot sales building for Hine Subaru at 42050 DLR Drive. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 15 2012 12/13/2012 TBD • PA12-0233 DAS Node TP -20 APN # 952470015 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -20) in the City of Temecula right-of-way at the southeast corner of El Chimisal Road and Tehachapi Pass. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD APN # • PA12-0234 DAS Node TP -21 960292001 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -21) in the City of Temecula right-of-way on the south side of Regina Drive, approximately 228 feet east of the center line of Valentino Way. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD APN # • PA12-0235 DAS Node TP -23 962190006 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -23) in the City of Temecula right-of-way on the south side of Redhawk Parkway, approximately 76 feet east of the center line of Callesito Vallarta. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD • PA12-0237 DAS Node TP -26 APN # 962280007 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -26) in the City of Temecula right-of-way on the north side of Redhawk Parkway, approximately 101 feet east of the center line of Via Puebla. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD • PA11-0277 Bella Linda TTM APN # 961450012 ERIC JONES A Tentative Tract Map Application to create 54 separate residential lots from three 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) 4 of 5 Planning Agenda Report 11/1/2012 through 12/31/2012 • PA11-0276 Bella Linda Zone Change, PDO APN # 961450012 ERIC JONES A 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 • PA11-0275 Bella Linda DP APN # 961450012 ERIC JONES A Development Plan Application for a wo-phase residential project. Phase 1 will consist of 325 multi -family apartment units. Phase 2 will consist o 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 APN # • PA12-0122 Roripaugh Ranch DA Amendment 964180022 MATTHEW PETERS A Development Agreement Major Modification application to extend the terms of the existing Development Agreement for the Roripaugh Ranch Specific Plan by 15 years. None of the provisions in the Development Agreement are proposed to be modified other than the term of the agreement. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 282012 TBD • PA12-0127 Crown Castle (Node TM -18) APN # 945201007 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured steel street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -18) in the City of Temecula right-of-way on the north side of Agena Street, approximately 225' west of Southern Cross Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 32012 TBD APN # • PA12-0143 Navy Federal CUP 961410008 KENNY TAYLOR A Conditional Use Permit to allow Navy Federal Credit Union to construct and operate a three lane drive-thru as part of a proposed banking structure located south of the Temecula Parkway and Jedediah Smith intersection (APN: 961 -410-008) (Related Application: Development Plan PA12-0142). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 24 2012 TBD 5 of 5 Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA11-0276 Bella Linda Zone Change, PDO APN # 961450012 ERIC JONES A 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 • PA11-0275 Bella Linda DP APN # 961450012 ERIC JONES A Development Plan Application for a wo-phase residential project. Phase 1 will consist of 325 multi -family apartment units. Phase 2 will consist o 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 APN # • PA12-0122 Roripaugh Ranch DA Amendment 964180022 MATTHEW PETERS A Development Agreement Major Modification application to extend the terms of the existing Development Agreement for the Roripaugh Ranch Specific Plan by 15 years. None of the provisions in the Development Agreement are proposed to be modified other than the term of the agreement. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 282012 TBD • PA12-0127 Crown Castle (Node TM -18) APN # 945201007 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured steel street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -18) in the City of Temecula right-of-way on the north side of Agena Street, approximately 225' west of Southern Cross Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 32012 TBD APN # • PA12-0143 Navy Federal CUP 961410008 KENNY TAYLOR A Conditional Use Permit to allow Navy Federal Credit Union to construct and operate a three lane drive-thru as part of a proposed banking structure located south of the Temecula Parkway and Jedediah Smith intersection (APN: 961 -410-008) (Related Application: Development Plan PA12-0142). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 24 2012 TBD 5 of 5 ' PA11-0275 }• PA11-0276 L0 PA 11-0277 Planning Status Novem berlDecem ber 2012 O 1. Recently Approved O 2. Scheduled for Hearing • 3. New Submittals Pending DRC Meeting e p itles ifxau i r�. i i uu i Item No. 18 Approvals City Attorney Chief Financial Officer City Manager Ofx-r- OcL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: January 22, 2013 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the months of November and December 2012. PATROL SERVICES November December Overall calls for police service 2,593 2,622 "Priority One" calls for service 58 54 Average response time for "Priority One" calls 4.74 Minutes 5.67 Minutes VOLUNTEERS November December Volunteer administration hours 128 108 Special Events hours 17 342.5 Community Action Patrol (CAP) hours 728.5 749.5 Reserve officer hours (patrol) 61.5 47 Training hours 93.5 74 Total Volunteer hours 1,074.5 1128.5 CRIME PREVENTION/GRAFFITI November December Crime prevention workshops /Neighborhood watch meetings conducted 3/2 4/5 Residential/Business security surveys conducted 0/0 5/7 Businesses visited 14 22 Residences/Businesses visited for past crime follow-up 0/1 15/6 Crime prevention articles N/A 0 Station Tours 3 0 Planning Review Projects/Temp Outdoor Use Permits 5/4 2/5 Square Footage of Graffiti Removed 7,861 N/A OLD TOWN STOREFRONT November December Total customers served 104 126 Sets of fingerprints taken 56 43 Police reports filed 15 15 Citations signed off 12 23 Total receipts $3,080.00 $4,423.00 SPECIAL ENFORCEMENT TEAM (SET) November December On sight felony arrests 9 10 On sight misdemeanor arrests 6 7 Felony arrest warrants served 7 6 Misdemeanor arrest warrants served 8 5 Follow-up investigations 20 16 Traffic Stops/Vehicle Checks 25 34 Crime Free Housing Checks 25 16 TRAFFIC November December Citations issued for hazardous violations 1,141 1416 D.U.I. checkpoints conducted 0 2 D.U.I. Arrest 36 41 Non -hazardous citations 536 626 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 153 207 Neighborhood Enforcement Team (N.E.T.) citations 55 72 Parking citations 228 165 Seatbelts 45 33 School Zones 113 151 Cell Phone Cites 197 194 Injury collisions 27 27 Presentations 0 0 INVESTIGATIONS November December Beginning Caseload 151 142 Total Cases Assigned 59 55 Total Cases Closed 68 68 Search Warrants Served 9 8 Arrests 5 10 PROMENADE MALL TEAM November December Calls for service 854 1054 Felony arrestlfilings 3 4 Misdemeanor arrest/filings 18 23 Traffic citations 89 90 Fingerprints/Livescans 130 90 Total receipts $5,579 $4,520 SCHOOL RESOURCE OFFICERS November December Felony arrests 2 0 Misdemeanor arrests 3 5 Reports 6 7 Youth counseled 173 159 Meetings 67 49 REQUESTS TO SPEAK City Council Meeting 01/22/13 REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date L A �v I wish to speak on Agenda Item No. Pct-= Subject ❑ For O Against �G�'?� 6✓�G � A/- 5-7447461 ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: 7z5- 2$ 04 40 17 Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: I 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 4 O‘ P� (; Subject S & /4 dM For Against Public Comment I wish to speak on Agenda Item No. f ob0-. Please note that all information presented at a City Council meeting becomes public record. All inforjation provided is optional. Name: Phone: Address: City/State/Zip 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. 2,/ O /3 Subject U4/i OA/DA-G/e t� � � l ri v, 3 I wish to speak on Agenda Item No.- Pi-, (0i -4-& For Against Public Comment v Please note that all information presented at a City Council meeting becomes public record All injgrmation provided is optional. Name: e i<%iq f � ��i'l Phone: Address: 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. 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Name: (e416 '�� Phone: Address: 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 / pta"r/ " �-� I wish to speak on Agenda Item No. Subject A r / ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: ''9 �� ( / — Phone: Address: 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 r Subjecteclt. I wish to speak on Agenda Item No. FrFor Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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 go to the public podium and state your name for the record. I wish to speak on Agenda Item No. Subject nFor n Against ,;zr Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. U) I I Name: Phone: Address: 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. 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Date /7) ) a/�0q 3 I wish to speak on Agenda Item No. oQ' Subject ( 6`-" nFor Against / n Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional Name: Phone: Address: City/State/Zip 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 ❑ For O Against ❑ Public Comment I wish to speak on Agenda Item No. „'?"n .` ' /T .5--0 r:..of c- elf �QrS %fir C -74 , Please note that all information presented at a City Council meeting becomes public record. l Ail information provided is optional. Name: 1 Phone: Address: City/State/Zip 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. /// 01/2 c f , Subject (3,•941v- K (/ -. ❑ For Against ���/ `"`n��n Public Comment I wish to speak on Agenda Item No. /A Sr• -("Ce S- /..2 /..2 Please note that all information presented at a City Council meeting becomes public record. ____—. All information provided is optional. Name: /71"rp' Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: Date Subject REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. /7,97,Lci(-3 .'// 4A r For „ZrAgainst Public Comment I wish tp speak on Agenda Item No. / 3 Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: L /f r -e_. Address: Phone: City/State/Zip 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. 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I wish to speak on Agenda Item No. /Yr d074 --- Name: 67(,) " \--)%\ / < Address: City/State/Zip Phone: l 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 For Against Public Comment 7/f7a I wisto speak on Agenda Item No. Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: Address:/__ 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 ! - a a - / 3 I wish to speak on Agenda Item No. Sc., Subject u I For n Against nPublic Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. FGc vn.e_r5 Name: ��i►ere s i3o/ip-1 Phone: Address: - - City/State/Zip If you are representing an organization or group, please give the name: / 6 w �vv� 1; e1(L.� Z 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 22--(3 I wish to speak on Agenda Item No. Subject SGC- U. r CV Krvie v's Wr-lc-e-r El For 0 Against gPublic Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: Lou cs f`�-� Address:` City/State/Zip Phone: If you are representing an organization or group, please give the name: 3 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 IA For -I-crV) Y k�-I- I wish to speak on Agenda Item No. 1 IQ El Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name .1411PiA eiMv:3 Phone: Address: ' City/State/Zip 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 . Qv'1e tithi-e• For Against Public Comment 1 wish to speak on Agenda Item No. 1 Please note that all information presented at a City Council meeting becomes public record. 1 ` All information provided is optional. � If you are representing an organization or group, please give the name: Lvt,, 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 J ` Zz Subject nFor n Against Public Comment I wish to speak on Agenda Item No. rnGv/(0-1 Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: `C /,y l/ L ciL_ c• Address: Phone: City/State/Zip If you are representing an organization or group, please give the name: 7 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. Pleaselego to the public podium and state your name for the record. Date / _o�o('/S Subject Farmes FarmekJs nor/I I wish to speak on Agenda Item No. 171 For F-7 Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. - Name: OtJ Address: City/State/Zip If you are representing an organization or group, please give the name: