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040913 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 APRIL 9, 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 its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: Interim City Manager Aaron Adams; Special Labor Relations Counsel Jeff Freedman; City Attorney Peter Thorson, Director of Public Works Greg Butler, Acting Director of Finance Heidi Schrader, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. 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: 13-03 Resolution: 13-21 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Susan Miyamoto Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: To Be Announced ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Autism Awareness Month Proclamation Child Abuse Prevention Month Proclamation Donation of Artwork by Temecula Valley Historical Society 1 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. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of March 26, 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 2 4 City Treasurer's Report as of February 28, 2013 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of February 28, 2013. 5 Expenditure Approval with Hanks Hardware for Fiscal Year 2012-13 RECOMMENDATION: 5.1 Approve the total expenditure with Hanks Hardware in the amount of $50,000 for Fiscal Year 2012-13. 6 Liability Claims Management Agreement RECOMMENDATION: 6.1 Approve a three-year agreement with Carl Warren & Company for consulting and administration of liability claims in the amount of $30,000 annually, for a total three-year contract amount of $90,000. 7 Resolution in Support of Oman Donation Registry in the City of Temecula (at the request of Mayor Naggar) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENCOURAGING RESIDENTS TO BECOME REGISTERED ORGAN DONORS 8 Sponsorship Agreement with the Temecula Valley Balloon and Wine Festival Association for the 2013 Temecula Valley Balloon & Wine Festival, May 31 - June 2, 2013 RECOMMENDATION: 8.1 Approve the Event Sponsorship Agreement with the Temecula Valley Balloon and Wine Festival Association in the amount of $27,000 cash and $11,865 for in- kind promotional services for the 2013 Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the City will provide temporary logistical support of the traffic control signs and devices to assist with public safety during the Festival estimated at $3,200. 3 9 First Amendment to the Utility Agreement with Verizon for Phase I of the French Valley Parkway/Interchange Project, PW07-04 RECOMMENDATION: 9.1 Approve the First Amendment to the Utility Agreement with Verizon in an amount not to exceed $5,483.49 to perform construction related activity associated with the relocation of telephone utilities for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project. 10 Construction Contract for the Pavement Rehabilitation Program — Rancho Vista Road, PW10-15 RECOMMENDATION: 10.1 Award a Construction Contract for the Pavement Rehabilitation Program — Rancho Vista Road, Project No. PW10-15 to RJ Noble Company in the amount of $1,396,910; 10.2 Authorize the Interim City Manager to approve change orders not to exceed the contingency amount of $139,691, which is equal to 10% of the contract amount; 10.3 Make a finding that the Pavement Rehabilitation Program — Rancho Vista Road is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 11 Construction Contract for Community Recreation Center Ornamental Picket Fence Replacement, PW12-21 RECOMMENDATION: Award a Construction Contract for the Community Recreation Center Ornamental Picket Fence Replacement, Project No. PW12-21, to Harris Steel Fence Company, Inc. in the amount of $144,982; 11.2 Authorize the Interim City Manager to approve change orders not to exceed the contingency amount of $14,498.20, which is equal to 10% of the contract amount; 11.3 Make a finding that the Community Recreation Center Ornamental Picket Fence Replacement is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 12 Parcel Map 36461 (located at the southwest corner of De Portola Road and Campanula Way) RECOMMENDATION: 12.1 Approve Parcel Map 36461 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Monument Agreement and accept the Cash Deposit Agreement for Monumentation as security for this Agreement. 4 13 Tract Map 29661 (located on the south side of Murrieta Hot Springs Road west of Butterfield Stage Road) RECOMMENDATION: 13.1 Approve Tract Map 29661 in conformance with the Conditions of Approval; 13.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond and Labor & Materials Bond as security for the Agreement; 13.3 Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. 14 Tract Map 29661-1 (located on the south side of Murrieta Hot Springs Road west of Butterfield Stage Road) RECOMMENDATION: 14.1 Approve Tract Map 29661-1 in conformance with the Conditions of Approval; 14.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond and Labor & Materials Bond as security for the Agreement; 14.3 Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. ******************** 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 ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 13-01 Resolution: No. CSD 13-02 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. 15 Action Minutes RECOMMENDATION: 15.1 Approve the action minutes of March 26, 2013. 16 Joint -Use Agreement with Temecula Valley Unified School District for use of the Temecula Valley High School Performing Arts Center RECOMMENDATION: 16.1 Approve a Joint -Use Agreement with the Temecula Valley Unified School District for joint -use of the Temecula Valley High School Performing Arts Center. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT 6 CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, April 23, 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. 17 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 February 26, 2013 RECOMMENDATION: 17.1 Continue off calendar. 18 Long Range Planning Project No. LR12-0013, an Ordinance amending portions of Title 17 of the Temecula Municipal Code to define certain housing -related terms, designate zoning districts for residential care facilities, transitional, supportive, and efficiency unit housing, and establish development standards for efficiency unit housing — Continued from March 12, 2013 RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO DEFINE CERTAIN HOUSING -RELATED TERMS, DESIGNATE ZONING DISTRICTS FOR RESIDENTIAL CARE FACILITIES, TRANSITIONAL, SUPPORTIVE, AND EFFICIENCY UNIT HOUSING, AND ESTABLISH DEVELOPMENT STANDARDS FOR EFFICIENCY UNIT HOUSING (LONG RANGE PLANNING PROJECT NO. LR12-0013) 19 Planning Application No. PA12-0122, Second Amendment to Roripaugh Ranch Development Agreement, and adoption of an Addendum to the Roripaugh Ranch Specific Plan Final Environmental Impact Report RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: 9 ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND ASHBY USA, LLC" AND MAKE FINDINGS RELATED THERETO CITY COUNCIL BUSINESS 20 Amendment to Ordinance No. 91-12 (Flood Damage Prevention Ordinance) RECOMMENDATION: 20.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 15.12 (FLOOD DAMAGE PREVENTION REGULATIONS) OF TITLE 15 TO MAKE CONSISTENT WITH THE LATEST EDITION OF THE CALIFORNIA FLOODPLAIN MANAGEMENT MODEL ORDINANCE FOR NONCOASTAL COMMUNITIES AND TO MAKE OTHER MINOR REVISIONS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, April 23, 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. NONCE 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.cityoftemecula.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.orc — 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. 10 PRESENTATIONS n®� 1p� Hr pa WHEREAS, autism behavioral, and physical WHEREAS, autism fastest growing developmental WHEREAS, while autism and related disorders individuals to lead significantly WHEREAS, autism prevention; and WHEREAS, the annual treatment, and appropriate professionals, and the NOW, THEREFORE, Temecula, hereby proclaim and encourage all citizens and appropriately treated r � }.��.�� . i!yRpLYyj .E agr .>a It.� o� The PROCLAMATION is a pervasive, aspects of those now affects disability there is no receive improved is a complex observance education general public I, Michael the month "Autism to work together throughout their 1PJi City of Temecula neurodegenerative disorder that affects the social, cognitive, affected by it; and one in every 88 children born in the United States and is the in the world; and cure for autism, it is well-documented that if individuals with treatment early in their lives, it is often possible for those lives; and disorder that requires further research to find a cure and of Autism Awareness Month advocates for the rights, humane of all persons with autism, while educating families, to better understand this lifelong disorder. S. Naggar, on behalf of the City Council of the City of of April, 2013 to be Awareness Month" to ensure that individuals with autism are accurately diagnosed lives. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this ninth day of April, 2013. Michael S. Naggar, Mayor Susan W. Jones, MIVIC, City Clerk The City of Temecula PROCLAMA TION WHEREAS, children deserve a safe, stable, and permanent home in order to become productive members of our society; and WHEREAS, child abuse is found in families of all social and economic classes, and every racial and ethnic group; and WHEREAS, child abuse impacts the entire community and finding solutions depends on community involvement to nurture family growth and inspire future generations; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious organizations, law enforcement agencies, and the business community; and WHEREAS, through the continued work of volunteers, parents, community partners, policy makers, and professionals, child abuse may be eradicated, giving our children a bright, successful future; and WHEREAS, Prevent Child Abuse Riverside County works in collaboration with the Department of Public Social Services to educate the public to reduce the incidence of child abuse and provide other services to help alleviate its effects; and WHEREAS, all citizens should become more aware of child abuse and its prevention within the community, and become more involved in supporting parents to raise their children in a safe, nurturing environment. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim the month of April, 2013, to be "Child Abuse Prevention Month" and urges all residents to become more aware of this Nationwide problem and to take necessary actions to prevent child abuse in their communities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this ninth day of April, 2013. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 26, 2013 — 7:00 PM 5:30 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with Legal Counsel — Existing Litigation. The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to the following matter of pending litigation concerning Community Facilities District No. 03-06 (Harveston 11): "City of Temecula v. Psomas and NBS, et. al.," Riverside County Superior Court No. RIC 1211252. 2) Conference with Legal Counsel — Existing Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9 (d)(2) and (4) with respect to one 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. 3) Conference with Legal Counsel — Potential Litigation. The City will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) and (4) with respect to two matters of potential litigation and will discuss whether to initiate litigation in these matters. With respect to each such matter, the City Attorney has determined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City. 4) Conference with Legal Counsel — Existing Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to two matters of pending litigation: (1) "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, concerning the certified EIR for the Liberty Quarry project; and (2) "City of Temecula v. County of Riverside, et. al.," Riverside County Superior Court No. RIC 1215119, concerning the Riverside County Fast Track Policy. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Action Minutes 032613 1 Next in Order: Ordinance: 13-03 Resolution: 13-19 At 5:30 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 7:03 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Joseph Donnantuoni Invocation: Pastor Scott Anderson of Crossroads Church Flag Salute: Jack Williams ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Presentation by Tim Sweeney Certificate of Congratulations to Murrell & Dotti Meade CPRS Presentation of Champion of the Community Award to Mayor Naggar PUBLIC COMMENTS The following individuals addressed the City Council: • Edward Day • Paul Jacobs • Chuck Rear • Emily, Natasha & Rebecca, Girl Scout Troop No. 1299 • Rubie Richardson • Ernie White • Ed Dool • Bret Kelley • Mike Baxter • Kimberly Reyes • Margie Ortega 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 Ernie White addressed the City Council on Items 3, 4, 6, and 8. Action Minutes 032613 2 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of March 12, 2013. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Second Amendment to Professional Services Agreement for Graphic Art and Marketing for Ann Howell Design — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve the Second Amendment to the Professional Services Agreement for graphic art and marketing with Ann Howell Design in the amount of $5,000 for a total agreement amount of $41,981.30, and extend the term of the agreement to June 30, 2013. 5 Fifth Amendment to the Agreement with Proactive Fire Design, Inc. — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the Fifth Amendment to the Agreement with Proactive Fire Design, Inc. in the amount of $30,000 for a total agreement amount of $249,000 for Fire Department Plan Review Service. Action Minutes 032613 3 6 Lifecycle Replacement of 75 Desktop Computers for the Temecula Public Library — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Authorize the purchase of 75 Hewlett Packard (HP) Compaq 8300 Elite Ultra - slim desktop computers pursuant to the City's Lifecycle Replacement Plan for the Temecula Public Library from Southern Computer Warehouse in the amount of $54,138.75, including sales tax and shipping. 7 Agreement for the Purchase of a Replacement Permitting System from Tyler Technologies — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve an Agreement for the purchase of Tyler Technologies' EnerGov Permitting & Land Management suite in the amount of $743,134; 7.2 Authorize the Interim City Manager to approve change orders up to 10% of the agreement in the amount of $74,313.40. 8 Agreement for Environmental Monitoring Services for Main Street Bridge Over Murrieta Creek, PW03-05 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve an Agreement with Rahn Conservation Consulting, LLC to provide environmental monitoring services associated with Main Street Bridge Over Murrieta Creek (Replacement), PW03-05, in the amount of $51,400; 8.2 Authorize the Interim City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $5,140, which is equal to 10% of the agreement amount. Action Minutes 032613 4 9 Acceptance of certain Public Streets into the City -Maintained System within Tract Nos. 32437-1, 32437-2, 32437-3 and 32437-F (located northeasterly of the corner of Ynez Road and Date Street - Harveston) — Approved Staff Recommendation (4-0-1, Council Member Washington abstained.) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one abstention. City Attorney Thorson clarified the abstention of Council Member Washington stating he owns property within 500 feet of one of the Streets being accepted. He also stated that although Council Member Comerchero owns property in the Harveston development his property is 1300 feet from the street being accepted and does not have a conflict. Since this matter is on the Consent Calendar, Council Member Washington did not have to leave the room unless because it was not pulled for further discussion. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 13- 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED SYSTEM (WITHIN TRACT NOS. 32437-1, 32437-2, 32437-3 AND 32437-F) RECESS At 8:20 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:30 P.M., the City Council resumed with the remainder of the Public Comments and the Consent Calendar. CITY COUNCIL BUSINESS 12 Appointment of City Council Member to serve on a Military Ad Hoc Subcommittee — Council Member Washington was appointed to join Jeff Comerchero and convert the Military Liaison Representative to a Military Ad Hoc Subcommittee. (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Convert the Military Liaison Representative Assignment to a Military Ad Hoc Subcommittee and appoint a second member of the City Council to serve on this Subcommittee. Action Minutes 032613 5 13 Approval of the Farmer's Market Operating/Licensing Agreement with Farmer's Market Management, Inc. — Approved staff recommendation with direction to remove the embellishment section as being redundant. (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve a new Licensing/Operating Agreement with Farmer's Market Management, Inc. for the management and operation of a Certified Farmer's Market on the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. DEPARTMENTAL REPORTS 14 Community Development Department Monthly Report 15 City Council Travel/Conference Report -February 2013 16 Public Works Department Monthly Reports 17 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated there were no reportable actions under the Brown Act for Closed Session. He also stated that with regards to Item No. 1, neither Council Member Comerchero nor Council Member Washington participated in the discussion and were not present due to their property ownership in the Harveston Development. ADJOURNMENT At 8:52 P.M., the City Council meeting was formally adjourned to Tuesday, April 9, 2013, at 6:00 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. *** Adjourned in Memory of Larry Robinson *** Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 032613 6 Item No. 3 Approvals City Attorney Director of Finance City Manager Pri/-e-r-- ao CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Finance Director DATE: April 9, 2013 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jill Dickey, Accounting Assistant 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 $10,160,631.04. 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 9th day of April, 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 9th day of April, 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 03/14/2013 TOTAL CHECK RUN $ 5,911,216.38 03/21/2013 TOTAL CHECK RUN 3,821,286.87 03/14/2013 TOTAL PAYROLL RUN: 428,127.79 TOTAL LIST OF DEMANDS FOR 04/09/2013 COUNCIL MEETING: $ 10,160,63104 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 7,147,265.27 130 RECOVERY ACT JAG FUNDING 524.98 135 BUSINESS INCUBATOR RESOURCE 952.44 140 COMMUNITY DEV BLOCK GRANT 2,304.17 165 SARDA AFFORDABLE HOUSING 27,463.79 190 TEMECULA COMMUNITY SERVICES DISTRICT 175,366.70 192 TCSD SERVICE LEVEL B 80,297.93 194 TCSD SERVICE LEVEL D 2,319.28 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 8,306.60 197 TEMECULA LIBRARY FUND 9,407.48 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,662,934.35 300 INSURANCE FUND 389,113.38 320 INFORMATION TECHNOLOGY 33,796.39 330 SUPPORT SERVICES 6,208.69 340 FACILITIES 37,723.78 375 SUMMER YOUTH EMPLOYMENT PROGRAM 91.22 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 700.00 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 800.00 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 700.00 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 700.00 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 4,758.65 477 CFD- RORIPAUGH 2,600.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,569.29 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 10,682.53 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,817.52 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 235.16 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 2,040.10 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 958.24 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 931.09 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,704.07 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 130.17 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 468.65 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 112.64 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,549.70 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,456.40 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 786.04 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 619.83 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,115.71 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 104.20 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,084.33 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 3,823.39 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 6,060.83 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 17,357.38 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 235.88 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 325.15 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 51,038.18 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 4,648.83 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 80.93 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 496.47 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 11,317.62 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 127.82 700 CERBT CALIFORNIA EE RETIREE-GASB45 5,290.00 $ 9,732,503.25 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 262,952.61 140 COMMUNITY DEV BLOCK GRANT 1,822.58 165 SARDA AFFORDABLE HOUSING 7,710.41 190 TEMECULA COMMUNITY SERVICES DISTRICT 87,003.94 192 TCSD SERVICE LEVEL B 234.16 194 TCSD SERVICE LEVEL D 2,722.33 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 433.94 197 TEMECULA LIBRARY FUND 1,278.67 300 INSURANCE FUND 849.94 320 INFORMATION TECHNOLOGY 17,595.14 330 SUPPORT SERVICES 4,185.70 340 FACILITIES 9,692.99 375 SUMMER YOUTH EMPLOYMENT PROGRAM 711.01 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 82.92 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 55.59 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 66.12 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.06 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 133.99 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.28 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 34.41 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 227.41 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.33 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.30 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.03 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 151.85 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 32.39 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.70 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.39 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 37.77 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.31 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 140.66 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 75.29 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 204.02 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 345.06 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.31 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.08 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 194.12 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 62.53 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.89 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.08 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 286.10 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.84 700 CERBT CALIFORNIA EE RETIREE-GASB45 28,676.54 428,127.79 TOTAL BY FUND: $ 10,160,63104 apChkLst Final Check List Page: 1 03/14/2013 2:35:42PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2125 03/14/2013 000245 PERS- HEALTH INSUR Blue Shield Access+ Payment 0.00 PREMIUM PERS Health Admin Cost Payment 90,202.91 90,202.91 2126 03/14/2013 010349 CALIF DEPT OF CHILD Support Payment 1,626.44 1,626.44 SUPPORT 2127 03/14/2013 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,119.98 3,119.98 SOLUTION 2128 03/14/2013 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 6,212.02 6,212.02 303355 2129 03/14/2013 000444 INSTATAX (EDD) State Disability Ins Payment 21,658.62 21,658.62 2130 03/14/2013 000283 INSTATAX (IRS) Federal Income Taxes Payment 76,987.59 76,987.59 2131 03/14/2013 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 13,443.62 13,443.62 SOLUTION 2132 03/14/2013 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 139,138.82 139,138.82 RETIREMENT) 2133 03/14/2013 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 5,430.89 5,430.89 157159 03/07/2013 000249 PETTY CASH Petty Cash Reimbursement 959.98 959.98 157160 03/14/2013 015236 JUAN POLLO#24 refreshments:EE qrtly luncheon 150.00 150.00 157161 03/14/2013 008736 SUBWAY Refreshments:ee gtdy luncheon 3/14 550.00 550.00 157163 03/14/2013 003552 AFLAC AFLAC Cancer Payment 2,279.30 2,279.30 157164 03/14/2013 012779 AAA FLAG & BANNER MFG CO, banners:history museum:hadey earl 352.44 352.44 INC. 157165 03/14/2013 010851 ADAMIAK, DAWN reimb:pdze for teen egg hunt 359.39 359.39 157166 03/14/2013 004802 ADLERHORST INTERNATIONAL Feb mnthly training:police K-9 unit 283.34 283.34 INC 157167 03/14/2013 014903 ADVANCED EXTRICATION big dg & bus rescue:fire stafftrng 1,050.00 1,050.00 TECH Pagel apChkLst Final Check List Page: 2 03/14/2013 2:35:42PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157168 03/14/2013 015083 AIR GAS USA, LLC Misc stage supplies: Theater 157169 03/14/2013 009374 ALLEGRO MUSICAL VENTURES Piano tuning & maint:theater 157170 03/14/2013 006915 ALLIES PARTY EQUIPMENT Rental equip:TVE2: eco dev 157171 03/14/2013 013015 ALWAYS RELIABLE backflow repair svcs tradewinds slope BACKFLOW 157172 03/14/2013 000936 AMERICAN RED CROSS Annual fee:swim pgrm aquatics:TES pool Annual fee swim pgrm aquatics:CRC 157173 03/14/2013 014235 AND ALL THAT JAZZ 157174 03/14/2013 001323 ARROWHEAD WATER INC TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings Bottled wtr svcs: Council Bottled wtr svcs: TVE2 bus incub Bottled wtr svc: TCC Bottled wtr svc: CRC Bottled wtr svc:children's museum Bottled wtr svc: FOC Bottled wtr svc: history museum Bottled wtr svc: skate park at rrsp Bottled wtr svc: pbsp Bottled wtr svc:TP Library Bottled wtr svc: OT Theater Bottled wtr svc: harveston center Bottled wtr svc: chs & tes pools Bottled wtr svc:TES pool 157175 03/14/2013 015659 BAGONG BUHAY NEW LIFE refund:sec dep:rm rental:TCC 157176 03/14/2013 013482 BAS SECURITY Feb security svcs: Harveston Lake 157177 03/14/2013 015662 BETTS, SHARI refund:Ballroom dances 3201.103 157178 03/14/2013 004262 BIO-TOX LABORATORIES refund:Ballroom dances 3201.103 DUI & drug screenings: Police DUI & drug screenings: Police DUI & drug screenings: Police 157179 03/14/2013 014284 BLAKELY'S TRUCK SERVICE misc vehicle repairs: pw street maint 20.28 20.28 930.00 930.00 77.58 77.58 197.50 197.50 975.00 975.00 1,950.00 455.00 136.50 409.50 1,001.00 38.83 78.44 16.89 67.46 28.86 99.52 19.05 6.47 27.68 80.29 32.42 20.88 6.47 12.90 536.16 200.00 200.00 1,360.00 1,360.00 7.00 7.00 14.00 874.50 415.80 2,028.39 3,318.69 690.56 690.56 Page2 apChkLst Final Check List Page: 3 03/14/2013 2:35:42PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157180 03/14/2013 000128 BROWN & BROWN INSURANCE 2/26-2/26/14 Ins BPP5580043 Empire DIC 2/26-2/26/14 Ins BA6072X147 2/26-2/26/14 Ins 6304168X28A 2/26-2/26/14 Ins 105758224 157181 03/14/2013 000128 BROWN & BROWN INSURANCE WORKERS COMP DEPOSIT FOR 02/01/13 - 02/0 243,970.99 10,845.00 121,306.00 4,001.00 380,122.99 86,698.00 86,698.00 157182 03/14/2013 003138 CAL MAT PW PATCH TRUCK ASPHALT 891.52 891.52 MATERIALS 157183 03/14/2013 004971 CANON FINANCIAL SERVICES, MAR COPIER LEASE:CIVIC CENTER 3,004.54 3,004.54 INC 157184 03/14/2013 004896 CAPLINGER, DENNIS F. Performance:2013 Bluegrass Festival 3,500.00 3,500.00 157185 03/14/2013 006114 CASEY, MARGIE reimb:refreshments:EE gtdy luncheon 126.83 126.83 157186 03/14/2013 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 157187 03/14/2013 008594 COMMUNITY BANK Ret. to Escrow 1994 Pavement Rehab 4,088.56 4,088.56 157188 03/14/2013 004405 COMMUNITY HEALTH Community Health Charities Payment 44.00 44.00 CHARITIES 157189 03/14/2013 013286 CONN EXON TELECOM INC Feb Enterprise 911 svc:IT 250.00 250.00 157190 03/14/2013 015661 CORLEY, SWINTON refund:Ballroom dances 3201.103 14.00 14.00 157191 03/14/2013 015657 DAVIS, PATRICIA refund:permit fees pd in error B12-0519 200.20 200.20 157192 03/14/2013 015535 DEMARCO, ROSALIE TCSD Instructor Eamings 70.00 TCSD Instructor Eamings 70.00 140.00 157193 03/14/2013 003945 DIAMOND ENVIRONMENTAL restroom rentals:citywide clean up SRVCS 157194 03/14/2013 015656 DINH, HUY refund:permit fees pd in error B12-0519 157195 03/14/2013 002390 EASTERN MUNICIPAL WATER Feb water meter:32131 S Loop Rd bldg DIST 109.92 109.92 121.00 121.00 86.68 Feb water meter:32131 S Loop rd Idsc 54.43 Jan water meter:32131 S Loop rd dcda 43.50 184.61 Pages apChkLst Final Check List Page: 4 03/14/2013 2:35:42PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157197 03/14/2013 001056 EXCEL LANDSCAPE Description Amount Paid Check Total irrigation repair svcs: Veterans park irrigation repair srvcs: Kent park Indscp maint svcs:var pw Idscp sites Idscp maint srvcs:var pw Idscp sites Idscp maint srvcs: var city facilities irrigation repair srvcs: Tem pkwy Idscp maint svcs:var pw Idscp sites Idscp maint srvcs:var pw Idscp sites Idscp svc:murrieta hot sprngs medians Idscp srvc:murrieta hot spmgs medians irrigation repair svcs: fire stn 84 irrigation repair svcs: sports park irrigation repair srvcs: ridgeview park Indscp improvements:TVE2 bus incub irrigation repair srvcs: Margarita mid install tree: long cyn creek park irrigation repair svcs: FOC irrigation repair svcs: bahia vista park irrigation repair svcs: sports park irrigation repair svcs:Marg right-of-way Idscp maint srvcs: pw south slopes Idscp maint srvcs: pw north slopes 157198 03/14/2013 000165 FEDERAL EXPRESS INC 1/4-2/5 city express mail services 216.24 278.55 47,825.10 600.00 9,443.13 121.46 17,544.70 50,935.88 225.00 450.00 264.33 97.57 328.97 432.00 89.37 400.00 259.18 118.42 221.72 179.85 34,844.87 19,749.97 184,626.31 360.32 360.32 157199 03/14/2013 003347 FIRST BANKCARD CENTER 006714 SHERATON HOTEL RR SCAG RC mtg :2/6 144.48 000305 TARGET BANK BUS CARD JC misc computer supplies 53.99 198.47 SRVCS 157200 03/14/2013 014819 FLATIRON WEST, INC. Feb Const:french valley pkwy 563,192.10 563,192.10 157201 03/14/2013 002982 FRANCHISE TAX BOARD SUPPORT PMT 135.00 135.00 157202 03/14/2013 009097 FULL COMPASS SYSTEMS sound & lighting supplies: Theater 25.97 25.97 157203 03/14/2013 015650 HARRISON, GIVEN Performance:2013 Bluegrass Festival 750.00 750.00 157204 03/14/2013 007472 HEILBRUN, FRED Emcee:bluegrass festival 2013 150.00 150.00 157205 03/14/2013 001013 HINDERLITER DE LLAMAS & Consulting svcs:sales tax & recovery 2,107.45 2,107.45 ASSOC Page4 apChkLst Final Check List Page: 5 03/14/2013 2:35:42PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157206 03/14/2013 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 80.00 80.00 157207 03/14/2013 013200 JAROTH INC Mar pay phones:duck pond,Library,CRC 212.64 212.64 157208 03/14/2013 004412 LEANDER, KERRY D. TCSD instructor earnings 1,260.00 TCSD instructor earnings 168.00 TCSD instructor earnings 318.50 TCSD instructor earnings 91.00 TCSD instructor earnings 182.00 2,019.50 157209 03/14/2013 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,450.50 7,450.50 COMPANY 157210 03/14/2013 005887 MOFFATT & NICHOL Engineering/const srvcs:french vly— 13,587.00 13,587.00 ENGINEERS 157211 03/14/2013 003964 OFFICE DEPOT BUSINESS SVS BUSINESS CARDS: C. WASHINGTON 121.01 121.01 DIV 157212 03/14/2013 002105 OLD TOWN TIRE &SERVICE City Vehicle Maint Svcs:Parks 1,054.99 City Vehicle Maint Svcs:Parks 389.50 1,444.49 157213 03/14/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Maint 540.00 540.00 157214 03/14/2013 001171 ORIENTAL TRADING COMPANY misc supplies: csd egg hunt 179.74 179.74 INC 157215 03/14/2013 015658 PATSY'S RESTAURANT, INC.,. refund:TI permitfees:B12-2457 1,054.31 1,054.31 157216 03/14/2013 015665 PONDEROSA PAINT Fuel tank paint:Stn 84 290.97 290.97 COMPANY, INC 157217 03/14/2013 011549 POWER SPORTS UNLIMITED Veh repair & maint:Police 239.28 239.28 157218 03/14/2013 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 179.40 179.40 INC 157219 03/14/2013 012904 PRO ACTIVE FIRE DESIGN Feb plan check consultant: Prevention 3,523.85 3,523.85 157220 03/14/2013 005075 PRUDENTIAL OVERALL FEB FLR MATS/UNIFORMS/TWL 617.08 SUPPLY RENTAL:CITY FA Feb fir mats/uniforms/t'M rental:City 938.76 1,555.84 157221 03/14/2013 000947 RANCHO REPROGRAPHICS Reproduction srvcs:butterfield rd ext 12.64 12.64 Pages apChkLst Final Check List Page: 6 03/14/2013 2:35:42PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157222 03/14/2013 000907 RANCHO TEMECULA CAR Feb City vehicle detailing srvcs:var 63.00 63.00 WASH 157223 03/14/2013 002412 RICHARDS WATSON & Jan 2013 legal services 120,187.38 120,187.38 GERSHON 157224 03/14/2013 000418 RIVERSIDE CO CLERK & Add'I recording fees: SARDA 12.00 12.00 RECORDER 157225 03/14/2013 010777 RIVERSIDE CO EXECUTIVE MAR ANIMAL SHELTER PAYMENT 11,600.13 11,600.13 OFFICE 157226 03/14/2013 000267 RIVERSIDE CO FIRE Oct -Dec' 12 tire services 1,005,058.17 1,005,058.17 DEPARTMENT 157227 03/14/2013 000406 RIVERSIDE CO SHERIFFS 10/18/12-11/14/12 law enforcement 1,519,866.44 DEPT 11/15/12-12/12/12 law enforcement 157228 03/14/2013 001365 RIVERSIDE COUNTY OF Oct -Dec' 12 vector control srvcs 157229 03/14/2013 013250 RIVERSIDE COUNTY OF, 11/8-1/10 GUARD & BAILIFF SHERIFF SRVCS:YOUTH CO 1,531,750.44 3,051,616.88 4,294.81 4,294.81 524.98 524.98 157230 03/14/2013 009196 SACRAMENTO THEATRICAL SoundAighting supplies: Theater 140.13 140.13 LIGHTING 157231 03/14/2013 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 771.92 771.92 157232 03/14/2013 012860 SAFETY CERTIFIED water slide inspection: crc pool 500.00 500.00 157233 03/14/2013 013651 SAN DIEGO DAILY Entrep &Tech Innov Sponsor:Eco Dev 6,000.00 6,000.00 TRANSCRIPT 157234 03/14/2013 008529 SHERIFFS CIVIL DIV- SUPPORT PMT 300.00 300.00 CENTRAL 157235 03/14/2013 008529 SHERIFFS CIVIL DIV- SUPPORT PMT 100.00 100.00 CENTRAL 157236 03/14/2013 009213 SHERRY BERRY MUSIC Jazz © the Merc 3/7/13 304.50 304.50 157237 03/14/2013 000645 SMART & FINAL INC refreshments:'13 Rod Run volunteers 145.40 145.40 Pages apChkLst Final Check List Page: 7 03/14/2013 2:35:42PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157238 03/14/2013 000537 SO CALIF EDISON 157239 03/14/2013 001212 SO CALIF GAS COMPANY 157240 03/14/2013 014783 SOFTRESOURCES, LLC 157241 03/14/2013 009251 SOLIS, HEIDI 157242 03/14/2013 002503 SOUTH COAST AIR QUALITY 157243 03/14/2013 000519 SOUTH COUNTY PEST CONTROL INC 157244 03/14/2013 012652 SOUTHERN CALIFORNIA 157248 03/14/2013 007762 STANDARD INSURANCE COMPANY 157249 03/14/2013 012723 STANDARD INSURANCE COMPANY 157250 03/14/2013 006145 STENO SOLUTIONS TRANSCRIPTION 157251 03/14/2013 014541 STEVE'S TOWING, INC 157252 03/14/2013 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Feb 2-31-031-2590:28301 Rancho Cal 23.86 Feb 2-29-479-2981:31454 Tem pkwy TCI 110.41 Feb 2-02-502-8077:43210 Business Prk 417.61 Feb 2-31-404-6020:28771 OT front st 1,286.99 Feb 2-27-805-3194:42051 Main St 3,365.95 Feb 2-29-458-7548:32000 Rancho cal 320.82 Feb 2-05-791-8807:31587 Tem pkwy LS3 9,152.60 Feb 2-00-397-5067:TCSD svc lev C 2,147.99 Feb 2-29-657-2563:42902 Butterfield 200.07 Feb 2-31-936-3511:46488 Pechanga 51.33 Feb 2-28-629-0507:30600 Pauba Rd 5,223.00 Feb 2-29-657-2332:45538 Redwood 24.59 Feb 2-29-953-8447:31738 Wolf vly rd 24.72 Feb 2-30-220-8749:45850 N Wolf crk dr 522.45 Feb 2-29-974-7899:26953 Ynez LS -3 161.79 23,034.18 Feb 091-085-1632-0:41951 Moraga rd 2,409.69 Feb 055-461-2483-4:40135 Village rd 170.08 Feb 117-188-6393-6:32131 S Loop rd 175.13 2,754.90 Feb consultant srvcs:new permit sys 8,487.50 8,487.50 fy 04/05 cfd 88-12 reimbursement 214.96 214.96 FY 12/13 emissions fee:civic center 115.56 FY 12/13 operating fee:civic center 310.85 426.41 Feb pest control srvcs: City facs 748.00 748.00 Mar gen usage:0141,0839,2593,9306 498.14 498.14 Mandatory Life Insurance Payment 8,581.34 8,581.34 Voluntary Supp Life Insurance Payment 769.20 769.20 Feb transcription srvcs:Police 540.68 540.68 Jan towing srvcs:temecula police 420.00 420.00 Misc supplies:mpsc pgrm 157.86 157.86 Page:7 apChkLst Final Check List Page: 8 03/14/2013 2:35:42PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157253 03/14/2013 001547 TEAMSTERS LOCAL 911 Union Dues Payment 157254 03/14/2013 009194 TEMECULA VALLEYNEWS Feb advertising: Theater 157255 03/14/2013 014056 TEMECULA YOUTH BASEBALL, refund:snackbar dep x4:2012 season GENERAL FUND 157256 03/14/2013 010276 TIME WARNER CABLE Mar high speed internet:42081 Main St 157257 03/14/2013 002452 TOP LINE INDUSTRIAL misc equip parts: pw street maint 157258 03/14/2013 015325 TORRES, NEFTALI refund:Little learners 2010.101 157259 03/14/2013 006192 TRISTAFF GROUP temp help w/e 02/24 P. Laulu 157260 03/14/2013 002110 UNITED RENTALS NORTH misc supplies:pw street maint AMERICA misc supplies:pw street maint 4,467.00 4,467.00 143.20 143.20 800.00 800.00 61.39 61.39 88.37 88.37 10.00 10.00 883.20 883.20 9.17 19.93 29.10 157261 03/14/2013 000325 UNITED WAY United Way Charities Payment 25.00 25.00 157262 03/14/2013 014848 VALUTEC CARD SOLUTIONS, ShoWare gift card svc: Theater 39.16 39.16 LLC 157263 03/14/2013 004261 VERIZON MAR XXX -6540 GEN USAGE:RORI FIRE 86.72 86.72 STN 157264 03/14/2013 004789 VERIZON Feb Internet svcs:Library 0.08 157265 03/14/2013 015057 VETERANS SUPPLEMENTAL SUPPORT Feb Internet svcs:SW DSL:PD:Jones,C. FY12/13 Council Community Srvc Funding 157266 03/14/2013 001342 WAXIE SANITARY SUPPLY INC misc custodial supplies: civic 157267 03/14/2013 003730 WEST COAST ARBORISTS INC plant grant trees: wolf creek slope plant grant trees: campos verdes slope plant grant trees: harveston slope plant grant trees: serena hills slope plant grant trees: vail ranch slope 157268 03/14/2013 000341 WILLDAN ASSOCIATES INC 12/31-1/25 ENG SRVCS-TRVL MOD:PW TRAF 12/31-1/25 ENG SRVCS-PED FAC:PW TR) 39.95 40.03 850.00 850.00 796.90 796.90 1,995.00 1,575.00 3,675.00 2,520.00 6,300.00 160.00 16,065.00 560.00 720.00 Pages apChkLst Final Check List Page: 9 03/14/2013 2:35:42PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157269 03/14/2013 015660 WORLD'S LARGEST SWIM 2013 agency registration fee LESSON 42.00 42.00 Grand total for UNION BANK OF CALIFORNIA: 5,911,216.38 Page9 apChkLst Final Check List Page: 10 03/14/2013 2:35:42PM CITY OF TEMECULA 115 checks in this report. Grand Total All Checks. 5,911,216.38 Pagel 0 apChkLst Final Check List Page: 1 03/21/2013 2:55:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2134 03/21/2013 000621 WESTERN RIVERSIDE Feb '13 TUMF Payment 1,918,750.00 1,918,750.00 COUNCIL OF 157270 03/21/2013 007186 AB MAILING SOLUTIONS POSTAGE SVCS: THEATER 1,332.41 1,332.41 157271 03/21/2013 013367 ACTIVE MICRO INC Misc tools & equip:pw traffic div 498.18 498.18 157272 03/21/2013 013015 ALWAYS RELIABLE BACKFLOW backflow testing: various parks 900.00 900.00 157273 03/21/2013 004240 AMERICAN FORENSIC NURSES Apr stand by fee: Police 1,248.00 (AFN) DUI & drug screenings: Police 254.28 DUI & drug screenings: Police 805.22 2,307.50 157274 03/21/2013 011961 AT&T MOBILITY Feb Trip wire:graffitti:Police 130.32 130.32 157275 03/21/2013 004040 BIG FOOT GRAPHICS TCSD instructor earnings 168.00 TCSD instructor earnings 196.00 364.00 157276 03/21/2013 014299 BOOKS ON TAPE Books on tape:library 3645 36.45 157277 03/21/2013 000128 BROWN & BROWN INSURANCE 2/8/13-2/8/14 cna surety 71382762:HS 500.00 500.00 157278 03/21/2013 015671 BROWN, JORDAAN refund:lost materials returned: Library 9.00 9.00 157279 03/21/2013 004851 C B RANCH ENTERPRISES Excursion:mpsc seniorpgmi 4/16 300.00 300.00 157280 03/21/2013 001035 C R & R INC Mar trash hauling:murr crk/ovind ext 256.74 256.74 157281 03/21/2013 003138 CAL MAT PW PATCH TRUCK ASPHALT 79.39 MATERIALS PW PATCH TRUCK ASPHALT MATERIALS 449.61 PW PATCH TRUCK ASPHALT MATERIALS 316.23 PW PATCH TRUCK ASPHALT MATERIALS 489.85 PW PATCH TRUCK ASPHALT MATERIALS 161.71 PW PATCH TRUCK ASPHALT MATERIALS 317.81 PW PATCH TRUCK ASPHALT MATERIALS 527.11 PW PATCH TRUCK ASPHALT MATERIALS 226.06 PW PATCH TRUCK ASPHALT MATERIALS 905.68 PW PATCH TRUCK ASPHALT MATERIALS 901.21 PW PATCH TRUCK ASPHALT MATERIALS 529.35 4,904.01 Pagel apChkLst Final Check List Page: 2 03/21/2013 2:55:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157282 03/21/2013 004248 CALIF DEPT OF Feb DUI & drug testing: Police 1,015.00 1,015.00 JUSTICE-ACCTING 157283 03/21/2013 004228 CAMERON WELDING SUPPLY HELIUM TANK RENTAL:SPEC EVENTS 54.60 54.60 157284 03/21/2013 000131 CARL WARREN & COMPANY Liability claims mgmt:sb&o 1,736.42 1,736.42 INC 157285 03/21/2013 000137 CHEVRON AND TEXACO City vehicles fuel:Police 2,639.04 2,639.04 157286 03/21/2013 015672 COLE, LINDA refund:misc supplies:mothers day tea 408.44 408.44 157287 03/21/2013 000442 COMPUTER ALERT SYSTEMS Apr -Jun alarm svcs: city facilities 5,490.00 5,490.00 157288 03/21/2013 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: var parks 27.54 DIST. 157289 03/21/2013 001923 CONVERSE CONSULTANTS 157290 03/21/2013 014521 COSTAR GROUP INFORMATION, INC 157291 03/21/2013 001264 COSTCO WHOLESALE 157292 03/21/2013 014501 COUNTYWIDE MECHANICAL SYSTEMS 157293 03/21/2013 010650 CRAFTSMEN PLUMBING & HVAC INC misc electrical supplies: var parks 184.41 misc electrical supplies: var parks 382.32 misc electrical supplies: civic center 190.35 misc electrical supplies:old town garage 175.50 misc electrical supplies:tem vly museum 121.50 misc electrical supplies: Theater 181.44 misc electrical supplies: civic center 149.04 misc electrical supplies: civic center 148.50 misc electrical supplies: civic center 105.57 1,666.17 9/15-1/25/13 Insp/test svcs:pvmnt rehab 7,328.00 7,328.00 Web subscription:eco dev 363.66 363.66 misc supplies: Teen egg hunt Misc supplies:cultural events pgrm 3/8 Emergency supplies: TCC reloc smoke detectors:parking garage hvac maint srvcs: civic ctr & garage install cabinet locks: civic center relocate pylons: town square install pavers: civic center courtyard install cabinet locks:council kitchen Facility repair & maint:fre stn 84 157294 03/21/2013 012734 CROWN CASTLE USA INC refund:CEQA fees for mitigated neg. 443.94 167.03 253.34 986.45 931.33 942.50 1,900.00 950.00 1,507.00 246.37 864.31 1,917.78 5,545.87 6,249.00 6,249.00 Page2 apChkLst Final Check List Page: 3 03/21/2013 2:55:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 157295 03/21/2013 013622 CURRY, CHASEY 157296 03/21/2013 003210 DALLAS MIDWEST 157297 03/21/2013 015535 DEMARCO, ROSALIE 157298 03/21/2013 004192 DOWNS COMMERCIAL FUELING INC 157299 03/21/2013 002390 EASTERN MUNICIPAL WATER DIST 157300 03/21/2013 004068 ECALDRE MANALILI-DE VILLA, AILEEN 157301 03/21/2013 014419 ELLIOTT, MICHAEL G. 157302 03/21/2013 004829 ELLISON WILSON ADVOCACY LLC 157303 03/21/2013 003665 EXCEL COMMERCIAL (Continued) Description Amount Paid Check Total TCSD instructor earnings Chair dolly:CRC TCSD Instructor Eamings Fuel for City vehicles:TCSD Fuel for City vehicles:Code Enf Fuel for City vehicles:B&S Fuel for City vehicles:TCSD/PW Fuel for City vehicles:PW Maint Fuel for City vehicles: PW Id/npdes Fuel for City vehicles:P W Traffic Fuel for City vehicles:Police Fuel for City vehicles:pw Ind/cip/npdes Mar water meter:Murr hot springs rd Mar water meter:39656 Diego Dr Mar water meter:39569 Seraphina Rd Mar water meter:Murr hot springs rd TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings Feb landscape insp svcs: parks Mar legislative consulting svcs: cm ofc Feb long distance phone svcs 72.00 306.32 70.00 104.93 454.01 421.13 2,303.94 1,933.30 170.01 431.04 109.24 222.62 18.91 99.29 156.63 66.27 3.50 98.00 224.00 171.50 196.00 49.00 294.00 182.00 269.50 266.00 280.00 700.00 3,500.00 72.00 306.32 70.00 6,150.22 341.10 2,033.50 700.00 3,500.00 54.34 54.34 Pages apChkLst Final Check List Page: 4 03/21/2013 2:55:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157304 03/21/2013 001056 EXCEL LANDSCAPE Description Amount Paid Check Total irrigation repair:saddlewood slope mainline repair:Harveston park mainline repair:Harveston comm park brig repair: Harveston Idscp improvemnts: rancho ca medians irrigation repair svcs: riverton park irrigation sys install:winchester crk irrigation repairs: saddlewood slope controller panel upgrade:marg medians irrigation repair: fire sta 84 irrigation repairs: various slopes 157305 03/21/2013 009953 FEDERAL CLEANING Mar Janitorial svcs:police mall CONTRACTORS 205.93 792.08 2,140.56 126.46 144.00 600.00 2,240.00 297.28 1,550.00 259.38 119.95 8,475.64 751.50 751.50 Page4 apChkLst Final Check List Page: 5 03/21/2013 2:55:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157306 03/21/2013 003347 FIRST BANKCARD CENTER 013112 SAN DIEGO VENTURE GROUP AAConfeco dev:CD 300.00 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 39.31 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 121.38 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 70.73 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 4744 006952 PAYPAL AA Verisign Pay0ow Pro Transaction 238.70 007282 AMAZON.COM, INC AA refund credit:Books:Library -5.40 AA over limit fee 39.00 015354 FACEBOOK.COM AA Facebook.com:eco dev 36.68 015640 EVENTBRITE AA refund credit:The big idea:eco dev -45.00 015640 EVENTBRITE AA refund credit:The big idea:eco dev -45.00 008956 PAN ERA BREAD AA refreshments:City atty mtg 2/26 96.04 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 20.44 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 16.16 002528 EAGLE GRAPHIC CREATIONS AA EE name tags:eco dev:CD,CK 33.05 INC 015626 EVENTBRITE.COM AA Eventbrite.com:eco dev:CD 27.37 015626 EVENTBRITE.COM AA Eventbrite.com:eco dev:CK 27.37 014583 PALUMBO'S RISTORANTE, LLC AA refreshments:City atty mtg 2/13 48.49 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 11.54 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 63.34 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 43.74 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 70.97 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 8.62 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 542 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 13.90 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 16.19 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 29.16 015668 FUNDRAISING FOR A CAUSE AA misc supplies:Autism Awareness 584.68 006952 PAYPAL MH Verisign Pay0ow Pro Transaction 131.75 Pages apChkLst Final Check List Page: 6 03/21/2013 2:55:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 013851 STORM SOURCE, LLC MH appointment plus: info tech 20.00 015422 PRESS BOOKS.COM PR press books:lsland CA state tax 3.87 000747 AMERICAN PLANNING PR audio/web conftrng:Peters, M. 175.00 ASSOCIATION 013301 RED GINGER CHINA BISTRO SJ meal: council closed mtg 2/12 179.84 012915 LUCILLE'S BBQ SJ meal: council closed mtg 2/26 242.99 012915 LUCILLE'S BBQ SJ meal: council closed mtg 2/26 28.95 012915 LUCILLE'S BBQ SJ meal: council closed mtg 2/26 20.00 013112 SAN DIEGO VENTURE GROUP AAConfeco dev:CW 300.00 157307 03/21/2013 011895 FOX, CHARLOTTE reimb:CPRS conf:Fox, C. 217.81 3,016.72 217.81 157308 03/21/2013 010326 G E MOBILE WATER, INC Washer supplies/maint: Sta 73 197.13 Washer supplies/maint: Sta 73 25.92 Mar power washer exchange: Stn 73 59.00 282.05 157309 03/21/2013 015557 GALLIM DANCE COMPANY, Performance: Theater 3/22-23/13 14,043.00 14,043.00 INC. 157310 03/21/2013 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 3/16 990.00 990.00 157311 03/21/2013 015430 GONZALES, SARAH JO Dance instructor: High Hopes pgrm 180.00 180.00 157312 03/21/2013 011898 GONZALEZ, GUSTAVO ee computer purchase program 2,000.00 2,000.00 157313 03/21/2013 003792 GRAINGER Misc stage supplies: Theater 33.43 33.43 157314 03/21/2013 014402 GROEPPER, BROOKE TCSD instructor earnings 453.60 ELIZABETH TCSD instructor earnings 604.80 TCSD instructor earnings 8.40 TCSD instructor earnings 302.40 157315 03/21/2013 005311 H2O CERTIFIED POOLWATER Feb water fountain maint:town square 175.00 SPCL. 1,369.20 Feb fountain maint:civic ctr & town sq 500.00 Feb maint svcs: crc and tes pools 900.00 1,575.00 157316 03/21/2013 008081 HALL & FOREMAN INC 1/5-2/1 consult svcs:citywide pave rehab 5,898.55 5,898.55 157317 03/21/2013 004188 HARRIS &ASSOCIATES Feb Const mgmt svcs:french vly interchg 101,113.34 101,113.34 Pages apChkLst Final Check List Page: 7 03/21/2013 2:55:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157318 03/21/2013 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 500.50 TCSD Instructor Eamings 682.50 TCSD Instructor Eamings 682.50 1,865.50 157319 03/21/2013 014692 JOHNSON, BARBARA TCSD Instructor Eamings 201.60 KATHLEEN TCSD Instructor Eamings 470.40 672.00 157320 03/21/2013 013660 L & L PRINTERS CARLSBAD, PRINTING:THEATER MID-SEASON 3,513.76 3,513.76 LLC POSTCARD 157321 03/21/2013 004905 LIEBERT, CASSIDY& WHITMORE Webinar:afford care act:Garibay, I. 55.00 Regist.:Employmnt law conf:IG,TBH 1,000.00 1,055.00 157322 03/21/2013 012264 MIRANDA, JULIO C. TCSD Instructor Eamings 1,050.00 TCSD Instructor Eamings 546.00 TCSD Instructor Eamings 756.00 TCSD Instructor Eamings 798.00 3,150.00 157323 03/21/2013 001986 MUZAK LLC rept. equip:OT music:6th st closet 390.94 390.94 157324 03/21/2013 015164 NATURES IMAGE, INC Feb enviro mitigation:FVP Overcrossing 5,811.85 5,811.85 157325 03/21/2013 002105 OLDTOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:POLICE 200.56 200.56 157326 03/21/2013 002105 OLDTOWN TIRE & SERVICE City Vehicle Maint Svcs:Parks 141.62 City Vehicle Maint Svcs:Parks 36.35 177.97 157327 03/21/2013 013127 ON STAGE MUSICALS Broadway Show Stoppers tckt sales 2/24 2,608.56 2,608.56 157328 03/21/2013 015033 PACIFIC MUNICIPAL 1/26-2/22 consult srvcs:housing element 3,252.50 3,252.50 CONSULTANTS 157329 03/21/2013 000249 PETTY CASH Petty Cash Reimbursement 652.58 652.58 157330 03/21/2013 011549 POWER SPORTS UNLIMITED Veh repair&maint:Police 905.82 905.82 157331 03/21/2013 013725 PROCRAFT INC door maint srvcs: garage pd storefront 460.00 INSTALL DOORS: CIVIC CENTER 1,069.00 Vehicle gate repair: Sta 84 95.00 STOREFRONT DOOR/GLASS:CONGRES: 4,227.00 5,851.00 157332 03/21/2013 009818 R K ENGINEERING GROUP INC Update traffic analysis:rancho vista vlg 1,011.00 Traffic study:rancho vista vlg apts 2,400.00 3,411.00 Page:7 apChkLst Final Check List Page: 8 03/21/2013 2:55:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157333 03/21/2013 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total FEB VARIOUS WATER METERS:PW 825.25 FEB VARIOUS WATER METERS:PW FEB VARIOUS WATER METERS:PW FEB VARIOUS WATER METERS: FIRE ST FEB VARIOUS WATER METERS:PW FEB VARIOUS WATER METERS:PW Feb Various Water Meters FEB VAR WATER METERS:TCSD SVC LE FEB VAR WATER METERS:TCSD SVC LE Feb 01-31-61237-2 Calle Elenita Feb 01-06-99000-14 Pujol St Jan var water meters: PW 144.58 164.74 512.76 278.99 100.69 2,846.69 5,738.86 7,878.32 31.98 8.61 304.11 18,835.58 157334 03/21/2013 000271 RBF CONSULTING 1/1-2/3 EIR: temecula creek inn 6,050.00 Dec EIR: temecula creek inn 3,937.50 1/1-3/3 CONSULTING:OPEN SPACE EASE 1,221.90 11,209.40 157335 03/21/2013 003591 RENES COMMERCIAL weed abatement & maint srvcs:city row 2,450.00 2,450.00 MANAGEMENT 157336 03/21/2013 000411 RIVERSIDE CO FLOOD Add'I deposit:Ped/Bicycle Bridge 500.00 500.00 CONTROL 157337 03/21/2013 000355 RIVERSIDE CO REGISTRAR OF Election Services: City Clerk 11/6 84,089.90 84,089.90 VOTE 157338 03/21/2013 001365 RIVERSIDE COUNTY OF renewpermit:crc 672.00 672.00 157339 03/21/2013 000278 SAN DIEGO UNION TRIBUNE Feb advertising:theater 445.50 445.50 157340 03/21/2013 011511 SCUBA CENTER TEMECULA TCSD Instructor Eamings 252.00 252.00 157341 03/21/2013 009213 SHERRY BERRY MUSIC Jazz © the Merc 03/14 441.00 441.00 157342 03/21/2013 004498 SIEMENS INDUSTRY, INC. Repl.flshng beacon pole:Marg/Santiago 6,926.38 6,926.38 157343 03/21/2013 009746 SIGNS BYTOMORROW Citywide clean up signs:Planning Dept 61.70 Feb public ntc pstng xx-0020:planning 163.20 Feb public ntc pstng xx-0033/34:planning 109.30 334.20 157344 03/21/2013 000645 SMART & FINAL INC MISC SUPPLIES:MPSC 217.51 217.51 Pages apChkLst Final Check List Page: 9 03/21/2013 2:55:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157345 03/21/2013 000537 SO CALIF EDISON Description Amount Paid Check Total Feb 2-29-223-9571 Murrieta Hot Sprngs Feb 2-28-171-2620 Police Mall Stn Feb 2-33-777-1950 Village Rd Feb 2-20-798-3248 C. Museum Feb 2-02-351-5281 CRC Feb 2-26-887-0789 various mtrs Feb 2-25-350-5119 Redhawk Pkwy PED Feb 2-30-066-2889 Rancho Vista PED Feb 2-10-331-2153 TCC Feb 2-30-608-9384 Harveston Dr Feb 2-33-237-4818:30499 Rancho cal Feb 2-31-419-2659:26706 Ynez TCI Feb 2-01-202-7330:var LS -1 allnite Feb 2-01-202-7603:var arterial stlt 157346 03/21/2013 000519 SOUTH COUNTY PEST pest control srvcs:pbsp snack bar SP -08 CONTROL INC 157347 03/21/2013 003599 TY LIN INTERNATIONAL pest control srvcs:Via Barraza pest control srvcs: stn 84 12/29-2/1 CONSULTING SRVCS:FV PKWY/115 12/29-2/1 CONSULTING SRVCS:WNCHST 157348 03/21/2013 000305 TARGET BANK BUS CARD Misc supplies:tcc SRVCS 157349 03/21/2013 012265 TEMECULA ACE HARDWARE C/0 157350 03/21/2013 010046 TEMECULA VALLEY CONVENTION & 157351 03/21/2013 000306 TEMECULA VALLEY PIPE & SUPPLY 157352 03/21/2013 003862 THYSSENKRUPP ELEVATOR.BRNCH 37 157353 03/21/2013 010276 TIME WARNER CABLE MISC SUPPLIES:TINYTOT PGRM Misc supplies:FIT 5k/10K prgm Misc supplies:mpsc pgrm MISC SUPPLIES:CHILDREN'S MUSEUM misc maint supplies: var park sites Jan 13 Bus. Impry District Asmnts irrigation/plumbing supplies:var parks irrigation/plumbing supplies:var parks fire safety test:garage elevator #1 24.72 741.52 389.31 886.67 3,807.78 1,623.70 27.60 24.87 623.98 552.27 97.58 176.10 80,095.62 29,434.00 70.00 94.00 80.00 627,670.70 323,808.24 29.03 118,505.72 244.00 951,478.94 55.20 50.79 178.73 49.73 363.48 19.77 19.77 81,252.79 81,252.79 66.53 22.65 148.50 89.18 fire safety test:garage elevator #2 148.50 fire safety test:garage elevator #3 148.50 445.50 Mar high speed internet Stn 92 44.95 44.95 157354 03/21/2013 006192 TRISTAFF GROUP TEMP HELP W/E 03/03 P. LAULU 1,104.00 1,104.00 Page9 apChkLst Final Check List Page: 10 03/21/2013 2:55:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157355 03/21/2013 007766 UNDERGROUND SERVICE ALERT 157356 03/21/2013 004261 VERIZON 157357 03/21/2013 004789 VERIZON Description Amount Paid Check Total Feb undrgrnd svcs alert tickets:PW Marxxx-2941 general usage Mar internet svcs:Theater 208.50 208.50 401.43 401.43 134.99 134.99 157358 03/21/2013 004848 VERIZON SELECT SERVICES Feb long distance phone svcs 11.97 INC Mar long distance phone svcs 12.99 24.96 157359 03/21/2013 013010 WALKER, CHARLES Reimb: Jr Woman's Stem Prgm 3/7 62.53 62.53 157360 03/21/2013 003730 WEST COASTARBORISTS INC tree planting:citywide tree trim & removal: harveston slope tree trim & maint srvcs: pw street maint plant grant trees:winchester crk slope plant grant trees: various sites 157361 03/21/2013 008402 WESTERN RIVERSIDE Feb '13 MSHCP payment COUNTY 157362 03/21/2013 000230 WILLDAN FINANCIAL Special tax consulting:finance SERVICES 3,465.00 40,644.00 3,528.00 6,720.00 12,180.00 66,537.00 317,436.00 317,436.00 4,300.00 4,300.00 Grand total for UNION BANK OF CALIFORNIA: 3,821,286.87 Page:10 apChkLst Final Check List Page: 11 03/21/2013 2:55:37PM CITY OF TEMECULA 94 checks in this report. Grand Total All Checks. 3,821,286.87 Page:11 Item No. 4 Approvals City Attorney Director of Finance City Manager 0/-e-r-- OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Director of Finance DATE: April 9, 2013 SUBJECT: City Treasurer's Report as of February 28, 2013 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of February 28, 2013. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of February 28, 2013. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of February 28, 2013 Investments City of Temecula, California Portfolio Management Portfolio Summary February 28, 2013 City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA, 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 355 Equiv. Managed Pool Accounts 52,678,131.96 52,678,131.96 52,678,131.96 42.32 1 1 9.141 0.143 Retention Escrow Account 6,632,908.17 6,632,998.17 6,632,998.17 5.33 1 1 9.909 0.000 Letter of Credit 1.00 1.99 1.00 9.99 1 1 9.999 0.000 Local Agency Investment Funds 37,163,928.99 37,202,112.36 37,163,926.99 29.86 1 1 9.282 9.286 Federal Agency Callable Securities 10,000,000.00 19,951,299.99 19,999,999.99 8.93 1,662 836 2.008 2.036 Federal Agency Bullet Securities 18,999,999.99 18,149,169.99 17,996,770.99 14.46 1,253 770 9.879 0.891 Investments 124,474,068.32 124,713,512.59 124,470,838.32 100.00% 316 179 0.432 0.438 Cash Passbook/Checking (not included in yield calculations) Tot al Cash and Investments 735,941.81 735,941.81 735,941.81 1 1 9.999 0.000 125,210,010.13 125,449,454.40 125,206,780.13 316 179 0.432 0.438 Total Earnings February 28 Month Ending Fiscal Year To Date Current Year 45,701.00 448,697.46 Average Daily Balance 119,169,197.81 128,267,038.75 Effective Rate of Return 0.50% 0.53% R e p o rti ng period 02/01/2013-02/28/2013 Run Date: 03+28/2013 - 14:11 Portfolio TEME CP PM (PRF_PM1) SymRept8.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2013 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 03126!2013 - 14:11 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2013 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.31 0.31 0.31 0.001 0.001 0.001 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,123.16 202,123.16 202,123.16 0.020 0.020 0.020 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,654.25 209,654.25 209,654.25 0.020 0.020 0.020 1 107886026-2 RDA 07RES2 First American Treasury 1,104,125.85 1,104,125.85 1,104,125.85 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,263,954.20 1,263,954.20 1,263,954.20 0.020 0.020 0.020 1 136343008 RDA 1 OA CIP2 First American Treasury 19,948.29 19,948.29 19,948.29 0.020 0.020 0.020 1 136343001-2 RDA 10A -INTI First American Treasury 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 136343018-2 RDA 10B CIP2 First American Treasury 1,186,439.14 1,186,439.14 1,186,439.14 0.020 0.020 0.020 1 136343000-1 RDA 106 -INTI First American Treasury 07/01/2012 0.74 0.74 0.74 0.001 0.001 0.001 1 94432360-2 TCSD COP INT First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,437.39 440,437.39 440,437.39 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,751.71 202,751.71 202,751.71 0.010 0.010 0.010 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 610,531.68 610,531.68 610,531.68 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,657,098.78 2,657,098.78 2,657,098.78 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.49 144.49 144.49 0.010 0.010 0.010 1 94669922-5 03-01 COI Federated Tax Free Obligations 08/01/2012 0.00 0.00 0.00 0.001 0.001 0.001 1 94669917-5 03-01 RES Federated Tax Free Obligations 08/01/2012 799.66 799.66 799.66 0.010 0.010 0.010 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 147,767.26 147,767.26 147,767.26 0.010 0.010 0.010 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 494,410.53 494,410.53 494,410.53 0.010 0.010 0.010 1 164741009-5 03-03 COI Federated Tax Free Obligations 08/01/2012 0.00 0.00 0.00 0.001 0.001 0.001 1 164741008-5 03-03 IMP Federated Tax Free Obligations 08/01/2012 936,480.59 936,480.59 936,480.59 0.010 0.010 0.010 1 164741006-5 03-03 RES Federated Tax Free Obligations 08/01/2012 388.79 388.79 388.79 0.010 0.010 0.010 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 08/01/2012 1,083,813.09 1,083,813.09 1,083,813.09 0.010 0.010 0.010 1 164742009-5 03-06 COI Federated Tax Free Obligations 08/01/2012 0.00 0.00 0.00 0.001 0.001 0.001 1 164742006-5 03-06 RES Federated Tax Free Obligations 08/01/2012 776.17 776.17 776.17 0.010 0.010 0.010 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 08/01/2012 426,863.09 426,863.09 426,863.09 0.010 0.010 0.010 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03-1bond fd Federated Tax Free Obligations 08/24/2012 0.51 0.51 0.51 0.001 0.001 0.001 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 1,589,030.02 1,589,030.02 1,589,030.02 0.010 0.010 0.010 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,192.41 5,192.41 5,192.41 0.010 0.010 0.010 1 Run Date: 03/26/2013 - 14:11 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2013 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 793593016-5 03-2 LOC11 Federated Tax Free Obligations 141,976.62 141,976.62 141,976.62 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 3,491.95 3,491.95 3,491.95 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.21 368.21 368.21 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 1,912,307.09 1,912,307.09 1,912,307.09 0.010 0.010 0.010 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.18 1,144.18 1,144.18 0.010 0.010 0.010 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 507.44 507.44 507.44 0.010 0.010 0.010 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2012 0.02 0.02 0.02 0.001 0.001 0.001 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 70,448.48 70,448.48 70,448.48 0.010 0.010 0.010 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 73,008.27 73,008.27 73,008.27 0.010 0.010 0.010 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000-5 146161000-5 Federated Tax Free Obligations 07/01/2012 1.78 1.78 1.78 0.001 0.001 0.001 1 146161001-5 146161001-5 Federated Tax Free Obligations 0.29 0.29 0.29 0.001 0.001 0.001 1 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1,308,971.36 1,308,971.36 1,308,971.36 0.010 0.010 0.010 1 1 461 61 008-5 RDA 11ACIP11 Federated Tax Free Obligations 11,268,747.67 11,268,747.67 11,268,747.67 0.010 0.010 0.010 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2012 0.00 0.00 0.00 0.020 0.020 0.020 1 94432363 02001 Financial Security Assurance 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 20,096,047.62 20,096,047.62 20,096,047.62 0.286 0.282 0.286 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,576,611.13 1,576,611.13 1,576,611.13 0.286 0.282 0.286 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,641,763.36 3,641763.36 3,641,763.36 0.286 0.282 0.286 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 1 2221 6003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94669905-0 03-01 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727099-0 03-03 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776099-0 03-06 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 51,538,394.24 Run Date: 03/26/2013 - 14:11 52,678,131.06 52,678,131.06 52,678,131.06 0.141 0143 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2013 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento 07/01/2012 173,134.54 173,134.54 173,134.54 0.000 0.000 1 ARMY CORPS Army Corps Union Bank 07/01/2012 600,072.93 600,072.93 600,072.93 0.000 0.000 1 SYSPI aza Prtnr PI aza Prtnr Wells Fargo Bank 07/01/2012 4,000,033.98 4,000,033.98 4,000,033.98 0.000 0.000 1 PORTOLA TRRC Portola Trrc Wells Fargo Bank 07/01/2012 1,859,666.72 1,859,666.72 1,859,666.72 0.000 0.000 1 Subtotal and Average 6,627,358.24 6,632,908.17 6,632,908.17 6,632,908.17 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2012 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669917-1 03-01-1 RES CA Local Agency Investment Fun 11/07/2012 765,371.06 765,371.06 765,371.06 0.286 0.282 0.286 1 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 11/07/2012 306,148.42 306,148.42 306,148.42 0.286 0.282 0.286 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 11/07/2012 1,418,687.79 1,418,687.79 1,416,687.79 0.286 0.282 0.286 1 SYSCITY CITY CA Local Agency Investment Fun 23,134,693.26 23,160,771.40 23,134,693.26 0.286 0.282 0.286 1 SYSRDA RDA CA Local Agency Investment Fun 1,741.52 1,743.48 1,741.52 0.286 0.282 0.286 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.286 0.282 0.286 1 SYSTCSD TCSD CA Local Agency Investment Fun 11,536,386.04 11,549,390.21 11,536,386.04 0.286 0.282 0.286 1 Subtotal and Average 33,770,170.95 37,163,028.09 37,202,112.36 37,163,028.09 0.282 0.286 1 Federal Agency Callable Securities 3134G3BV1 01179 Federal Home Loan Mtg Corp 12/09/2011 1,000,000.00 1,014,310.00 1,000,000.00 1.400 1.381 1.400 1,379 12/09/2016 3134G3CL2 01181 Federal Horne Loan Mtg Corp 12/16/2011 1,000,000.00 1,004,380.00 1,000,000.00 1.000 0.986 1.000 837 06/16/2015 3134G3PH7 01186 Federal Home Loan Mtg Corp 02/24/2012 1,000,000.00 1,004,700.00 1,000,000.00 1.000 0.986 1.000 1,272 08/24/2016 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,002,140.00 2,000,000.00 4.000 3.945 4.000 10 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,002,780.00 1,000,000.00 4.000 3.945 4.000 26 03/27/2013 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,006,600.00 1,000,000.00 2.125 2.096 2.125 1,239 07/22/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,007,800.00 1,000,000.00 1.350 1.332 1.350 1,333 10/24/2016 3136FT4R7 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 1,007,650.00 1,000,000.00 1.000 0.986 1.000 1,306 09/27/2016 3135G0PR8 01191 Federal National Mtg Assn 10/09/2012 1,000,000.00 1,000,840.00 1,000,000.00 0.480 0.473 0.480 952 10/09/2015 Run Date: 03/26/2013 - 14:11 Subtotal and Average 10,000,000.00 10,000,000.00 10,051,200.00 10,000,000.00 2.008 2.036 836 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2013 Page 6 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,008,580.00 997,500.00 2.250 2.284 2.316 150 07/29/2013 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,011,050.00 1,000,000.00 1.375 1.356 1.375 346 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,008,940.00 1,000,000.00 0.875 0.863 0.875 518 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,025,210.00 1,000,000.00 1.300 1.282 1.300 1,315 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,016,540.00 1,000,000.00 1.050 1.036 1.050 969 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,014,670.00 1,000,000.00 0.970 0.957 0.970 997 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,001,110.00 1,000,000.00 0.500 0.493 0.500 273 11/29/2013 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,015,630.00 1,000,000.00 1.000 0.986 1.000 1,013 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,011,700.00 1,000,000.00 0.850 0.838 0.850 1,054 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 999,650.00 1,000,000.00 0.410 0.404 0.410 972 10/29/2015 313372UH5 01166 Federal Horne Loan Bank 03/15/2011 1,000,000.00 1,005,010.00 1,000,000.00 1.125 1.110 1.125 196 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,011,500.00 1,000,000.00 1.000 0.986 1.000 570 09/22/2014 313376V77 01184 Federal Horne Loan Bank 01/23/2012 1,000,000.00 1,003,890.00 1,000,000.00 0.520 0.513 0.520 693 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,001,490.00 1,000,000.00 0.400 0.395 0.400 714 02/13/2015 313378AC5 01187 Federal Horne Loan Bank 02/22/2012 1,000,000.00 1,003,060.00 1,000,000.00 0.500 0.493 0.500 812 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,013,670.00 1,000,000.00 0.900 0.888 0.900 1,123 03/28/2016 313381DZ5 01193 Federal Horne Loan Bank 11/28/2012 1,000,000.00 996,280.00 1,000,000.00 0.550 0.542 0.550 1,397 12/27/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,001,180.00 999,270.00 0.375 0.399 0.404 745 03/16/2015 Subtotal and Average 18,103,912.86 18,000,000.00 18,149,160.00 17,996,770.00 0.879 0.891 770 Run Date: 03/26/2013 - 14:11 Total and Average 119,169,197.81 124,474,068.32 124,713,512.59 124,470,838.32 0.432 0.438 179 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash February 28, 2013 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2012 3,110.00 3,110.00 3,110.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2012 25,650.21 25,650.21 25,650.21 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 698,462.10 698,462.10 698,462.10 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2012 8,719.50 8,719.50 8,719.50 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 119,169,197.81 Run Date: 03/26/2013 - 14:11 125, 210,010.13 125,449,454.40 125,206, 780.13 0.432 0.438 179 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Fund # CITY OF TEMECULA CASH BALANCES AS OF FEBRUARY 2013 Fund Name Fund Total 001 GENERAL FUND $ 33,954,367.13 100 STATE GAS TAX FUND 421,305.97 120 DEVELOPMENT IMPACT FUND 4,284,542.08 135 BUSINESS INCUBATOR RESOURCE 135,724.08 150 AB 2766 FUND 307,082.31 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 0.73 165 SARDA AFFORDABLE HOUSING 5,804,575.67 166 SARDA HOUSING 16,993,017.14 170 MEASURE A FUND 5,012,237.87 190 TEMECULA COMMUNITY SERVICES DISTRICT 336,377.03 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 68,225.89 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 264,598.54 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 12,159.63 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 267,123.41 197 TEMECULA LIBRARY FUND 252,509.22 210 CAPITAL IMPROVEMENT PROJECT FUND 9,581,713.45 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 2,657,243.27 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 936,480.59 277 CFD-RORIPAUGH 23,268,025.36 300 INSURANCE FUND 573,151.51 310 VEHICLES AND EQUIPMENT FUND 1,224,795.12 320 INFORMATION TECHNOLOGY 961,130.59 330 CENTRAL SERVICES 385,812.61 340 FACILITIES 205,747.63 375 SUMMER YOUTH EMPLOYMENT PROGRAM 7,004.42 380 SARDA DEBT SERVICE FUND 1,515,905.57 381 REDEVELOPMEN PROPERTY TAX TRUST 1,041,724.55 460 CFD 88-12 DEBT SERVICE FUND 86,315.11 472 CFD 01.2 HARVESTON A&B DEBT SERVICE 1,352,156.09 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,458,757.09 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 154,023.98 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,871,257.80 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 771,540.71 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 7,069,189.78 501 SERVICE LEVEL"C'ZONE 1 SADDLEWOOD 26,491.59 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 56,535.84 503 SERVICE LEVEL"C'ZONE 3 RANCHO HIGHLANDS 31,597.76 504 SERVICE LEVEL"C'ZONE 4 THE VINEYARDS 4,707.16 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 12,991.60 506 SERVICE LEVEL"C'ZONE 6 WOODCREST COUNTRY 18,896.48 507 SERVICE LEVEL"C'ZONE 7 RIDGEVIEW 6,577.06 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 40,421.41 509 SERVICE LEVEL"C'ZONE 9 RANCHO SOLANA 16,530.02 510 SERVICE LEVEL"C'ZONE 10 MARTINIQUE 8,287.72 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 1,775.96 512 SERVICE LEVEL"C'ZONE 12 VINTAGE HILLS 32,915.07 513 SERVICE LEVEL"C'ZONE 13 PRESLEY DEVELOP 2,111.49 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 6,289.24 515 SERVICE LEVEL"C'ZONE 15 BARCLAY ESTATES 2,934.63 516 SERVICE LEVEL"C'ZONE16TRADEWINDS 58,544.10 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,034.85 518 SERVICE LEVEL"C'ZONE 18 TEMEKU HILLS 31,799.27 519 SERVICE LEVEL"C'ZONE 19 CHANTEMAR 64,195.02 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 173,151.16 521 SERVICE LEVEL"C'ZONE 21 VAIL RANCH 108,954.19 522 SERVICE LEVEL"C'ZONE 22 SUTTON PLACE 1,633.41 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 13,002.14 524 SERVICE LEVEL"C'ZONE 24 HARVESTON 138,127.86 525 SERVICE LEVEL"C'ZONE 25 SERENA HILLS 42,300.85 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2,073.65 527 SERVICE LEVEL"C'ZONE 27 AVONDALE 2,472.57 528 SERVICE LEVEL"C'ZONE 28 WOLF CREEK 268,293.85 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5,788.82 530 SERVICE LEVEL"C'ZONE 30 FUTURE ZONES 33,197.70 Grand Total: $ 125,449,454.40 Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Director of Finance DATE: April 9, 2013 SUBJECT: Expenditure Approval with Hanks Hardware for Fiscal Year 2012-13 PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: Approve the total expenditure with Hanks Hardware in the amount of $50,000 for Fiscal Year 2012-13. BACKGROUND: Hanks Hardware is one of three local providers of hardware supplies, small tools, and equipment purchased by various City departments for the maintenance of facilities, parks, streets, enforcement operations, and public safety precautions. The Public Works Facilities Division, in particular, has increased its expenditure of hardware goods this fiscal year due to several projects relating to the refurbishment and maintenance of existing public facilities. As a result of the increased demand for hardware, fixture components, small tools, and related supplies, the cumulative spending with Hanks Hardware between all City departments is expected to exceed $30,000 and may reach as high as $50,000 for this fiscal year. The City does not warehouse hardware and maintenance supplies making the expediency of utilizing local vendors for these goods imperative toward maintaining the safe operation of City buildings, parks and streets. Staff recommends Council approve the estimated and fully funded fiscal year expenditure of $50,000 with Hanks Hardware. FISCAL IMPACT: Adequate funds are programmed in the Fiscal Year 2012-13 operating budget for all City departments. ATTACHMENTS: None Item No. 6 Approvals City Attorney Director of Finance City Manager M -r -- (10e. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Director of Finance DATE: April 9, 2013 SUBJECT: Liability Claims Management Agreement PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: Approve a three-year agreement with Carl Warren & Company for consulting and administration of liability claims in the amount of $30,000 annually, for a total three-year contract amount of $90,000. BACKGROUND: Carl Warren & Company provides claim and litigation management services to private corporations and public agencies throughout the country. Through cost containment, business expertise, strong information technology, and strategic methods, Carl Warren & Company has consistently provided quality service and representation to the City in managing its claims liability. Carl Warren & Company has provided claims administration for the City self-insurance since 1990, and has proposed to maintain their 2012 fee schedule over the next three years. Due to their competitive fee schedule, pending claim liabilities, and the legal implications of services provided, it is in the City's best financial interest to continue utilizing the firm of Carl Warren & Company who has the proven experience and capability these professional services require. Staff recommends the City enter into a three-year agreement with Carl Warren & Company starting in fiscal year 2013-14 at $30,000 annually for a total contract amount of $90,000. FISCAL IMPACT: Adequate funds will be scheduled within the fiscal year 2013-14 Internal Service Fund Annual Operating Budget. For the remaining two years, funds will be adequately appropriated within the Internal Service Fund budget. ATTACHMENT: Agreement for Consultant Services for Liability Claims Management FIN14-01 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND CARL WARREN & COMPANY LIABILITY CLAIMS MANAGEMENT THIS AGREEMENT is made and effective as of April 9, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Carl Warren & Company, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Ag ree me nt. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Thirty Thousand Dollars and No Cents ($30,000.00) annually for a total agreement amount of Ninety Thousand Dollars and No Cents ($90,000.00) unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. i c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to 2 examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 3 b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall riot exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 4 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall riot be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court 5 order shall riot be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does riot imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but riot limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Carl Warren & Company Attn: Mike Reed, Service & Retention Leader P 0 Box 25180 Santa Ana, CA 92799 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 6 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CARL WARREN & COMPANY (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Tom Boylan, Chief Operating Officer ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Mike Reed, Corporate Secretary, AVP Peter M. Thorson, City Attorney CONSULTANT Carl Warren & Company Attn: Mike Reed, Service & Retention Leader P 0 Box 25180 Santa Ana, CA 92799 Phone: 714-572-5200 ext. 5273 Fax: 714-961-8131 mreed@carlwarren.com 8 PM Initials: D R Date: v EXHIBIT A Tasks to be Performed CLAIMS ADMINISTRATION SCOPE OF WORK 1. GENERAL CONSULTANT shall: (a) supervise and administer the Self -Insurance program for PRINCIPAL; (b) represent the PRINCIPAL in all matters related to the investigation, adjustment, processing, supervision and resolution of liability claims for money damages asserted by third parties against the PRINCIPAL (and other participants in the program as specified); and (c) provide to PRINCIPAL during the term of this Agreement all the services more particularly set forth hereinafter. 2. INVESTIGATIVE SERVICES CONSULTANT shall provide complete investigative and analytical services including, but not limited to: (a) receipt and examination of all reports of accidents, incidents, claims or cases which are or may be the subject of such claims reported by PRINCIPAL to CONSULTANT; and (b) the investigation of such accidents, incidents, claims or cases where examination warrants such investigation or when requested by PRINCIPAL, such investigation to include on-site investigation, photographs, interviewing of witnesses, determination of losses and other such investigative services necessary to determine liability and loss but not to include Allocated Expenses and extraordinary professional services set forth below. Regarding Allocated Expenses, PRINCIPAL agrees to pay for the cost of all reasonable and supportable extraordinary services and costs, including but riot limited to, professional photography, police reports, independent medical examinations, professional engineering services, laboratory services, bulk copy jobs, private investigators, legal costs and fees and work performed by accountants. CONSULTANT shall charge PRINCIPAL for non -staff investigators or adjusters when, in the opinion of CONSULTANT, such assistance is necessary and reasonably related to the monetary exposure. 3. CLAIMS ADJUSTMENT SERVICES CONSULTANT shall provide complete claims adjustment services on each accident or incident that may be the subject of a claim against the PRINCIPAL which is reported to CONSULTANT by the PRINCIPAL. Such services shall include, but not be limited to (a) the maintenance of a claim file on each potential or actual claim reported to CONSULTANT; (b) whenever its investigation results in a determination that PRINCIPAL has sustained a liability to a third party, CONSULTANT shall process any such claim or potential claim for settlement in accordance with the PRINCIPAL'S instructions for settlement of such claims; and (c) obtaining all release agreements or proofs of loss on settlement of any claim or potential claim. Specific service instructions will be added to 9 this contract as an exhibit. If subrogation is pursued, the rates in Section 8 will apply unless a separate contingency fee agreement is agreed to by PRINCIPAL and CONSULTANT. 4. ADMINISTRATIVE SERVICES CONSULTANT shall provide at least the following administrative services: (a) assignment of a Principal Account Adjuster to the PRINCIPAL; (b) providing PRINCIPAL with electronic access to all reported claims during the term of this Agreement, indicating the status of each reported open claim assigned to CONSULTANT, the details of each such claim, the outstanding reserves for each claim and details of all claim payments; and (c) periodic review and adjusting of reserves on all open claims. Account specific reports and attendance at meetings (including round trip travel) shall be provided by CONSULTANT at the same rates provided in Section 8 as services. 5. LEGAL SUPPORT SERVICES CONSULTANT shall provide at least the following legal support services on each claim wherein the claimant has commenced litigation: (a) Upon notification by PRINCIPAL that litigation has been filed on an open claim, CONSULTANT shall notify PRINCIPAL and, in accordance with PRINCIPAL'S instructions, the PRINCIPAL'S excess insurance carrier and/or excess reporting authority, pool or group (the "excess entity") and/or trial attorney assigned by PRINCIPAL to handle the case and provide such excess entity and/or trial attorney with all information and files concerning claim; (b) maintain liaison with PRINCIPAL'S excess entity and/or trial attorney and provide such investigation services as are required by such attorney during pre-trial and trial stages: and (c) assist PRINCIPAL'S excess entity and/or trial attorney with discovery and other legal processes. 6. DATA PROCESSING The following standard services are included in this cost and in the annual administrative fee - claims data electronically for up to three recipients and access to mycarlwarren.com for up to three users. For security purposes, access to mycarlwarren and any subscriptions will automatically terminate at the end of twelve (12) months. PRINCIPAL shall be responsible for notifying CONSULTANT to renew user subscriptions and access or to substitute users. Additional users or recipients shall be charged on a per person basis at an annual fee of $250. Special reports, new reports and data feeds can also be requested. They are subject to a cost per quote at a rate per project or per hour once the scope has been agreed upon. CONSULTANT does not possess any interest, title, lien or right to any client data or records. Therefore, upon termination of the contract, CONSULTANT is relieved of all obligations to provide data processing services to PRINCIPAL and will deliver to PRINCIPAL all data and records in a readily available excel or PDF format. If a different format is desired by PRINCIPAL, CONSULTANT will provide it to PRINCIPAL at an agreed upon and reasonable cost and timeline. 10 EXHIBIT B Payment Rates and Schedule The fee schedule as listed below shall be the pricing for services rendered during the entire term of the Agreement, July 1, 2013 through June 30, 2016 as per the Consultant cost proposal attached hereto and incorporated herein as though set forth in full. In no event, shall the total cost of services exceed $30,000 annually unless additional payment is approved as per the terms of this Agreement. CARL WARREN 3 YEAR FEE SCHEDULE JULY 1, 2013 THRU JUNE 30, 2016 EXPENSE CATEGORY 1 CALCULATION TYPE ADJ. SERVICE 2012-2013 Hours Calculation $56.00 Photos Calculation $2.50 ea Miles Calculation $0.55 or IRS rate Adjuster Miscellaneous Calculation $1.00 pass through Office Expense Percentage 45% of services Office Miscellaneous Calculation $1.00 pass through Set up Fee Calculation One-hour of service time Data Processing Calculation $35.00 per suffix IndexBureaulOFAC Calculation $18.00 each 1099 Issuance Calculation $15.00 each ISO/MMSEA* Calculation $4.85 pass through *Beginning 01-01-11, a $4.85 pass through fee will be applied to cases that are Medicare/Medi- Cal eligible injury cases. 11 AcoRd CERTIFICATE OF LIABILITY INSURANCE I DATE galWDOPYTTri J.SOl2c12 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: M the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. M SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(e). PRODUCER Mg. TACT Mann Risk 8 Ireurance Sauces 1113bHE:_ 4695 MacNCka CarL Sulo 700 PHONE rAx (949) 3945800 LAIC No �` IANC. ao)Il MAIL, Literse40437153 E IL C ��ia �p I� 1yDDjt{se• _ Newport Beech. CA 92660 E 117 2 INSURE? COVERAGE 31 AFFORDING c0VE0[ 9 CWGE J mAMAY / 5 2012 ININIaw:I ERI'Wn SISwisItc CHAR NOM MSIeerRl9Qe. PURCHASING INSURER 0: WA INSI:RERE: NIA 801St 80-1213 NSURED Carl Warren .0 Company 770S Placate Argue Eiecen0a CA 92870 COVERAG D NAIL E TWA 10052 FPA INSURER F; The ERGS/yam' Fie InBt i4e Company WA 20640 -- — ••" LU311UTeJD0130Ie REVISION NUMBER: 24 THIS INDICATED. CERTIFICATE EXCLUSIONS NSR I5 TO CERTIFY THAT THE POLICIES OF INSURANCE LrSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. AND CONDITIONS OF SUCH PO (CIES LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAID CLAIMS. TYPE OF INSURANCE ]1�1� �'T7 BRI ��'�LY POLICY JJUBER _ 'ly 05/042012 PnwcrESp tMWDD$Y'/YYII 05,04/2013 UNITS I EACNOCCURRENCE { 1.000,000 F F OSMMALLMBLRY X I COMMERCIAL OtNERAL / LIABILITYI (OCCUR 712-0084-28-0000 ' I3 CE rO RENTED a 1,� oco _ CLAIMS ;FADEr lEk amn nwal GENL Ti IIIFIIEMISE9 •AIMS f 4EV EXP (Arlene pram} S 10.000 PERSONAL 8 ADV INJURY f 1.030„008 GENERA/. AGGREGATE S 2X00,000 AGGREGATE LIMIT APPLIES P. POLICY n CT n LGC 1. PRODUCTS •• COMPIOP AIX S 2,000,000 $ I AularouLt - X - ___ uAelm ANY AUTO ALL D'AME0 AUTOS MlTO$ ( SCHEDULED AUTOS NON-MREO I AlRO50 D ` X •� 112-008420-0000 0904/1012 0504!2013 / COMBINED SINGLE LalaB{ 1.000,000 BOOILY INJURY (Perpreon) f SOOILY INJURY 1Praccdert) S Trac moll A2`,F� Tr OtxApenll { Xt EACit OCCURRENCE 9 1. UYWWLNe uess _ OCCUR IxP,e-11 A3ApE AGGREGATE DED 1TRETENTION 8 f : A WORKERS COMPENSATION AND EIPLOYER$' uAe1UTY ANY FR OPRIETORHPARTNER$XECUTIVE YIN EREXCLUOEOT + N J InNH) lr jr,..10capnQN OF OPERATIONS Wow 1406-011-0000 NIA }90. 0510418012 050V2013 X O C STA1U- GTI(. a TA EL-EACJI ACCIDENT HACC S 0E00.000OFFICER/MEMO E L. DISEASE • EA EMPLoreq. f i E.L. DISEASE • POUCY UNIT I 3_ 1,000.000 C Professional Liafiss tEgO) (Dams -Made)/ 5602-0616 05A)U1012 0004/2013 E80UIe0•EadiClalmiAgg Deducible 1,000.000 1,000,000, DESCRIPTION lIONS 1 LOCATIONSOAS LES (Attach ACORD 101, Adaecnal Reggiano Schedule, Imlay Mea le rsgnemd) The City d r4roe0Ya, Successor Agency b Be Temecula Redevelopment Agency, and Temecula Community Seiacea astral, ihek often, office Is. employees end volunteers se nine ti Addams hared cn Gement and Aub Ponies City of Temecula ADn'Fiume DepaMfehl PO Bas 9033 Temecula. CA 92589.9033 IJO. • ;!r j �/ O / r6. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORS/EC REPRESENTATIVE of Marsh link & Intonate Unitas r Caef ----___-.1-' .'"c ACORD 26 (2010105) C: 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks Of ACORD 12 Item No. 7 Approvals City Attorney Director of Finance City Manager P7A-r- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: April 9, 2013 SUBJECT: Resolution in Support of Organ Donation Registry in the City of Temecula (at the request of Mayor Naggar) RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENCOURAGING RESIDENTS TO BECOME REGISTERED ORGAN DONORS BACKGROUND: At the March 26, 2013 City Council Meeting, Tim Sweeney addressed the City Council with a presentation regarding the need for registered organ donors and of his goal for every citizen of Temecula to become a registered organ donor. It has been shown that each day, an average of 79 people receive organ transplants. However, an average of 18 people die each day waiting for transplants that cannot take place due to a shortage of donated organs. With recent advances in technology, both success rates for organ transplantation, and the need for such services have increased. The City of Temecula wishes to raise the awareness of its citizens by adopting a resolution encouraging its residents to become registered organ donors. With the City Council's approval, a link will be added to the City's web site for any interested residents. http://www.organdonor.gov/index.html FISCAL IMPACT: None ATTACHMENTS: Resolution No. 13- 1 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENCOURAGING RESIDENTS TO BECOME REGISTERED ORGAN DONORS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recent advances in technology have increased both the success rate of organ transplantation, and the need for such services. Section 2. A serious organ donor shortage exists with more than 100,000 individuals nationwide and more than 20,000 in California currently on the National Organ Transplant Waiting List, and every 90 minutes one person dies while waiting due to the shortage of donated organs. Section 3. A single individual's donation of the heart, lungs, liver, kidneys, pancreas, and small intestine can save up to eight lives; donation of tissue can save and heal the lives of up to 50 others; and a single blood donation can help three people in need. Section 4. Millions of lives each year are saved and healed by donors of organs, tissues, marrow, and blood. Section 5. The spirit of giving and decision to donate are not restricted by age or medical condition. Section 6. Nearly nine million Californians have signed up with the state - authorized Donate Life California Registry to ensure their wishes to be organ and tissue donors are honored. Section 7. The City Council of the City of Temecula strongly encourages all Temecula residents to register today to become an organ donor and share the gift of life to those in need. Section 8. The City Clerk shall certify the adoption of this resolution. 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of April, 2013. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 2 Michael S. Naggar, Mayor 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 9th day of April, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 3 Susan W. Jones, MMC City Clerk Item No. 8 Approvals City Attorney Director of Finance City Manager 07x-r- OtGL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Interim City Manager DATE: April 9, 2013 SUBJECT: Sponsorship Agreement with the Temecula Valley Balloon and Wine Festival Association for the 2013 Temecula Valley Balloon & Wine Festival, May 31 - June 2, 2013 PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: Approve the Event Sponsorship Agreement with the Temecula Valley Balloon and Wine Festival Association in the amount of $27,000 cash and $11,865 for in- kind promotional services for the 2013 Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the City will provide temporary logistical support of the traffic control signs and devices to assist with public safety during the Festival estimated at $3,200. BACKGROUND: The Temecula Valley Balloon & Wine Festival continues to be a popular signature event, attracting thousands of residents and visitors of all ages. The Economic Development Committee of the City Council (Council Members Roberts and Washington) met on March 22, 2012 to review the budget on this special event and recommended continued support at the levels indicated in this staff report. This event increases tourism revenue for the City's restaurants, hotels, shopping centers, Old Town and wineries. This funding is provided through the Economic Development and Community Services Budget within the City's General Fund. In addition, City support services come from the General Fund's budget. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorships. Staff has received a request from The Temecula Valley Balloon & Wine Festival Association to provide $27,000 cash plus temporary use of traffic safety signs and devices valued at $3,200. The Economic Development Subcommittee recommended that the City continues to support the Balloon & Wine Festival at a level of $27,000 cash plus provide the temporary use of traffic safety signs and devices. It is expected that this special event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. In addition, as a City -sponsored event, the City will provide in-kind promotional services valued at $11,865. The Temecula Valley Balloon and Wine Festival is held annually, the first weekend of June at Lake Skinner Recreation Area in the Southern California Temecula Valley. The event features morning balloon launches, evening balloon glows, wine tasting from more than 20 wineries, wine competition, food and wine pairing, beer tasting from local brewers, food and beer pairing, concerts featuring country on Friday, Classic Rock and Rock on Saturday, and Jazz and soft rock on Sunday. The event will also include a giant arts and craft faire, kids faire and fine art paintings on exhibit with the wine gardens. The Temecula Valley Balloon & Wine Festival's marketing program will include a full social networking campaign. The marketing program will include, advertising in newspapers, media kits, press releases and photos. Additionally, marketing will also include commercials and promotions with radio stations from Riverside, Orange County, Los Angeles to San Diego Counties; local cable television advertisements; collateral materials; and an aggressive publicity campaign targeted for Riverside, Orange County, Los Angeles to San Diego Counties; major magazines and Southern California newspapers. In addition, the Festival maintains a website, Facebook, Twitter and a blog site that carries event information and entertainment schedules which is linked to radio and television stations covering the Festival. FISCAL IMPACT: Adequate funds for the Temecula Valley Balloon & Wine Festival have been included in the FY2012-13 Operating Budget (Economic Development and Community Services line items) for the recommended sponsorship amount of $27,000 cash and $11,865 for in-kind promotional services. In addition, the logistical support costs are estimated at $3,200 and funds are available in the Public Works Budget; promotional services. ATTACHMENTS: 2013 Temecula Valley Balloon & Wine Festival Agreement SPONSORSHIP AND ECONOMIC DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION THIS AGREEMENT is made and effective as of this 9th day of April, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and the Temecula Valley Balloon & Wine Festival Association, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Temecula Valley Balloon & Wine Festival (hereinafter referred to as the "Event") on May 31, June 1 & 2, 2013. The Event is a special event which is located at Lake Skinner. b. The Temecula Valley Balloon and Wine Festival is held annually, the first weekend of June at Lake Skinner Recreation Area in the Southern California Temecula Valley. The event features morning balloon launches, evening balloon glows, wine tasting from more than 20 wineries, wine competition, food and wine pairing, beer tasting from local brewers, food and beer pairing, concerts featuring country on Friday, Classic Rock and Rock on Saturday, and Jazz and Soft Rock on Sunday. The event will also include a giant arts and craft faire, kids faire and fine art paintings on exhibit with the wine gardens. c. Alcohol "will" be served. d. The City desires to be a Premier Sponsor of the Event by providing Economic Development Funding and City Support Services. 2. TERM This Agreement shall commence on April 9, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services of Public Works valued at an amount not to exceed Three Thousand Two Hundred Dollars and 00/100 ($3,200.00) and in-kind promotional services valued at an amount not to exceed Eleven Thousand Eight Hundred Sixty Five Dollars and 00/100 ($11,865.00), as listed in Exhibit B, the City of Temecula shall be designated as a Premier Sponsor of the Event. As a Premier Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. b. The City of Temecula shall also provide Economic Development Funding in the amount of Twenty Seven Thousand and 00/100 ($27,000.00) cash which will be allocated to pay for the Temecula Valley Balloon and Wine Festival. c. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of Temecula. This will include but not be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. d. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. e. Within 30 days of the effective date of this Agreement, Nonprofit shall submit a timeline showing the milestone dates that each Nonprofit marketing activity, including, but riot limited to, public relations and media schedules, marketing measures and other promotional activities, will occur. The purpose of this provision is to ensure that the Nonprofit makes a good faith effort to maximize attendance at the Temecula Valley Balloon and Wine Festival. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Premier Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. BI -FINANCIAL AUDIT TVBWFA shall provide a financial audit by an independent certified public accountant of the Temecula Valley Balloon and Wine Festival. This audit shall be conducted on an every other year basis. The Temecula Valley Balloon and Wine Festival submitted an audit January, 1, 2013 with the recapping of the 2012 event, therefore, an audit will not be required for the recapping of the 2013 event. 6. MEETING ATTENDANCE City Public Safety Staff shall attend all TVBWF pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by April 9, 2013, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: The Temecula Valley Balloon & Wine Festival Association P.O. Box 1254 Temecula, CA 92593 13. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 15. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA The Temecula Valley Balloon & Wine Festival Association (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Carol Popejoy, Chief Executive Director ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, Agency NONPROFIT Counsel Jeff Gavitt, Secretary The Temecula Valley Balloon and Wine Festival Association 41755 Rider Way, Unit 1 Temecula, CA 92590 (951) 676-6713 (951) 676-5921 PM Initials: D B Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS PREMIER SPONSOR (Attached) LA .e on• Wine FESTIVAL 2013 Premier Sponsor $27,000 June 2013 (Only one Premier Sponsorship available) 1. Identification as Premier Sponsor in all Festival materials 2. Full page, color ad in Festival program 3. Inclusion of logo in all Festival print advertising 4. Announcements in all Festival paid radio and newspaper advertising 5. Sponsor representative interviewed on projected radio remote broadcast 6. Right to use Festival logo on Premier Sponsor's materials (with Festival advance approval) 7. Four signs or banners on-site at event (Sponsor to provide) 8. Separate display tent in high -traffic area 9. Access to VIP Hospitality Tent for twenty guests 10. Linking of Premier sponsor's web site to Festival site 11. Recognized in Festival newsletter 12. Recognized in at least ten Festival news releases to general media 13. Sponsor's name in Festival brochure 14. Sixty adult Festival tickets 15. Thirty parking passes 16. Invitation to Sponsor Appreciation Dinner for twelve people 17. Thirty sets of Official Festival souvenir merchandise EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS In not event shall the Public Works City-Suppport Costs exceed $3,200. ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Temecula Valley Balloon and Wine Festival is as follows: Item City E -Letter E -letters are sent out each month to approximately 2,500 residents Cable Channel Event slide appears approximately once per hour for 30 seconds Auto Mall Marquee Appears approximately once every 4.5 minutes Promotional Poster Located at the City of Temecula Civic Center Value $ 450 $5,100 $3,115 $1,000 City Website $2,200 Event listing on the City of Temecula website TOTAL VALUE: $11,865 Item No. 9 Approvals City Attorney Director of Finance City Manager Pri/-e-r-- OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 9, 2013 SUBJECT: First Amendment to the Utility Agreement with Verizon for Phase I of the French Valley Parkway/Interchange Project, PW07-04 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP William Becerra, Associate Engineer — CIP RECOMMENDATION: Approve the First Amendment to the Utility Agreement with Verizon in an amount not to exceed $5,483.49 to perform construction related activity associated with the relocation of telephone utilities for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project. BACKGROUND: The construction of the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project — Phase I, PW07-04, necessitates the relocation of existing electrical, telephone, and sewer facilities. These relocations are necessary to maintain compliance with Caltrans' policy of curtailing utility easements and facilities from State right-of-way. The project is on the State Highway System and the City is the implementing agency. As such, and in accordance with the Design Cooperative Agreement (District Agreement No. 8-1217), City staff has worked directly with Verizon as an agent of the State. Relocation plans were developed and cost liabilities were established. On September 27, 2011, the City Council approved a Utility Agreement with Verizon for an amount of $13,150.23, the estimated cost of constructing the telephone relocation. The original estimate provided by Verizon, in development of the Utility Agreement, utilized incorrect labor rates. This First Amendment will reconcile actual incurred costs for the design and construction and provide reimbursement for the relocation work. FISCAL IMPACT: The City of Temecula has identified the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project, Phase I within its Capital Improvement Program Fiscal Years 2013-2017. The total Agreement amount will be $18,633.72, which includes the Agreement amount of $13,150.23 and the First Amendment amount of $5,483.49, and will be covered by Traffic Uniform Mitigation Fee (TUMF) Community Environmental Transportation Acceptability Process (CETAP) funds secured in Agreement No. 11-72-036-00 between the City and Riverside County Transportation Commission (RCTC) on December 14, 2010. ATTACHMENTS: 1. Amendment to Verizon Utility Agreement 2. Project Description 3. Project Location Page 1 of 3 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT AMENDMENT TO UTILITY AGREEMENT RW 13-5 (Rev 1/2009) DISTRICT 08 COUNTY Riverside ROUTE 15,215 KP (PM) 9.2/15.3 EXPENDITURE AUTHORIZATION 432700 FEDERAL AID NUMBER OWNER'S FILE NUMBER WO #0453-8P0A0AU FEDERAL PARTICIPATION On the Project [X] YES [ ] NO On the Utilities [ ] YES [X] NO UTILITY AGREEMENT NO. 08 -UT -20707 DATE: March 13, 2013 FIRST AMENDMENT TO UTILITY AGREEMENT NO. 08 -UT -20707 WHEREAS, the City of Temecula, hereinafter called "CITY", and Verizon California Inc., hereinafter called "OWNER", have entered into that certain Utility Agreement No. 08 -UT -20707, dated September 27, 2011, which Agreement sets forth the terms and conditions pursuant to which OWNER has telephone facilities requiring relocation to accommodate CITY's construction of a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road and the Interstate-15/Interstate-215 junction and, WHEREAS, in the performance of said work, increased costs over and above those estimated at the time of the execution of said Agreement were incurred due to the fact that the original labor rates estimated for the project were incorrect; and, WHEREAS, it has been determined that, since final costs have overrun the amount shown in said Agreement by approximately 42%, and when the increased cost exceeds by 25% the estimated amount set forth in said Agreement, said Agreement shall be amended to show the increased costs of the work to the CITY; and WHEREAS, the estimated cost to the CITY of the work to be performed under said Agreement was $13,150.23, and by reason of the increased costs referred to above, the amended estimated cost to the CITY is $18,633.72, which is attached and made part hereto; and NOW, THEREFORE, it is agreed to the parties as follows: 1. The estimated cost to the CITY $13,150.23 as set forth in said Agreement is hereby amended to read $18,633.72. 2. All other terms and conditions of said Agreement remain unchanged. Page 2 of 3 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT AMENDMENT TO UTILITY AGREEMENT RW 13-5 (Rev 1/2009) IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Utility Agreement No. 08 -UT - 20707 this 9th day of April, 2013. VERIZON CALIFORNIA INC. By: William (Andy) King, Network Engineer CITY OF TEMECULA By: Michael S. Naggar, Mayor Approved as to form: By: p Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk Page 3 of 3 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT AMENDMENT TO UTILITY AGREEMENT RW 13-5 (Rev 1/2009) Printed 03/12/2013 at 04:34 Pricer Report Budget View: Pending Jur: CA WC: 0453 WO: 8P0A0AU CTL: Title: GEN: FRENCH VALLEY PARKWAY AND 1-15 RELOCATION Material Pricer Summary 2011 2012 Total 2 0.00 660.80 660.80 6 0.00 0.00 0.00 X 0.00 0.00 0.00 Total 0.00 660.80 660.80 Engineering Labor 2 6 X Total Placing Labor SSP 3204.71 0.00 3204.71 0.00 0.00 0.00 0.00 0.00 0.00 3204.71 0.00 3204.71 2 2817.60 30.09 2847.69 6 0.00 0.00 0.00 X 0.00 1139.04 1139.04 Total 2817.60 1169.13 3986.73 Splicing Labor 2 0.00 27371.57 27371.57 SSP 6 0.00 0.00 0.00 X 0.00 540.80 540.80 Total 0.00 27912.37 27912.37 Direct Inp Dollars 2 689.02 0.00 689.02 6 127.80 0.00 127.80 X 328.28 0.00 328.28 Total 1145.10 0.00 1145.10 Total Est 2 Account: Total Est 6 Account: Total Est X Account: Total Est IDC Charges: Total Retirement $ Total Salvage $ Total Estimate: 6711.33 127.80 328.28 0.00 0.00 0.00 7167.41 4P/6P/8P Corporate Loading % 4P/6P/8P Loading $ Amount 4P/6P/8P Total Billing Estimate 28062.46 0.00 1679.84 0.00 10936.04 0.00 29742.30 : 24 : 357.73 : 37267.44 34773.79 127.80 2008.12 0.00 10936.04 0.00 36909.71 Clic/ 0- U1; ecii4 CALIFORNIA FRENCH VALLEY PARKWAY 1 INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS -PHASE I Circulation Project Protect Description: This project includes the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate 15 over -crossing and interchange. The project will add a new southbound off -ramp from Interstate 15 to French Valley Parkway, construct the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widen the existing southbound off -ramp from Interstate 15 to Winchester, and construct a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. The project requires oversight by Caltrans and coordination with the City of Murrieta. Benefit / Core Value: This project improves traffic circulation by providing another southbound off -ramp from Inter- state 15 and adds a lane to the Interstate 15 southbound off -ramp to VUlnchester. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: Construction is estimated to be completed by December 2013. Department: Public Works -Account No. 210.165.719 Level: 1 Project Cost: Actuals to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost Administration $ 607,271 $ 118,239 $ 56,000 $ 781,510 Acquisition $ 2,357,447 $ 4,072,266 $ 91,000 $ 35,000 $ 35,000 $ 35,000 $ 6,429,713 Construction $ 503,922 $10,800,000 $ 5,493,839 $ 16,797,761 Construction $ 444,203 $ 444,203 Engineering $ 1,860,000 $ 931,270 $ 2,791,270 Design $1,910,670 $ 30,671 $ 1,941,341 Environmental $ 765,000 $ 92,500 $ 35,000 $ 35,000 $ 35,000 $ 35,000 $ 232,500 Totals $5,379,310 $16,973,676 $6,516,109 $ 35,000 $ 35,000 $ 35,000 $ - $ 28,974,095 Source of Funds: Actuals to Date Future Total Project 2012-13 2013-14 2014-15 2015-16 2016-17 Years Cost Capital Project Reserves $ 129,831 $ 91,000 $ 35,000 $ 35,000 $ 35,000 $ 325,831 DIF (Street Irrproverrents) $ 444,203 $ 444,203 Measure A -Local Street and Road $ 1,147,289 $ 1,722,062 $ 2,869,351 TUMF (CETAP/RCTC)n) $ 765,000 $12,809,891 $6,425,109 $ 20,000,000 TUMF (RCTC)(2) $ 2,462,295 $ 917,112 $ 3,379,407 TUMF (WRCOG) $ 560,523 $ 560,523 TUMF (WRCOG)04) $ 1,394,780 $ 1,394,780 Total Funding: $5,379,310 $16,973,676 $6,516,109 $ 35,000 $ 35,000 $ 35,000 $ - $ 28,974,095 Future Operation & Maintenance Costs: 2012-13 2013-14 2014-15 2015-16 2016-17 $ -I $ $ -I $ (1) TUMF (CETAFYRCTC) - Funding is pursuant to the RCTCAgreerrent No. 11-72-0036-00 in the amount of $20,000,000 to date ($4,700,000 -ROW, $15,300,000 -Construction). (2) TUMF (ROTC)- Regional funding is pursuant to the RCTCAgreerrent No. 06-72-048-00 for a total of $7,517,000 ($5,517,000 -ROW and $2,000,000- FS&E). Fhase I is $1,682,000 -ROW and $203,784-FS&E- See also Fhase II. (3) TUMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 05 -SW -TEM -1064 for a total of $4,078,000 ($108,724-FS&E $3,969,296- FS&E) - See also Fhase II. (4) TUMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 06 -SW -TBA -1079 for a total of $11,575,000 ($975,752-PA&E)$8,925,000- FS&E; $1,674,248 -ROW)- See also Fhase II. 55 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I Circulation Project Location Aerial Data - March 2010 0 250 500 Feet 1,000 54 Item No. 10 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 9, 2013 SUBJECT: Construction Contract for the Pavement Rehabilitation Program — Rancho Vista Road, PW10-15 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer RECOMMENDATION: 1. Award a Construction Contract for the Pavement Rehabilitation Program — Rancho Vista Road, Project No. PW10-15, to RJ Noble Company in the amount of $1,396,910; 2. Authorize the Interim City Manager to approve change orders not to exceed the contingency amount of $139,691, which is equal to 10% of the contract amount; 3. Make a finding that the Pavement Rehabilitation Program — Rancho Vista Road is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2010-2011, 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 existing areas in need of repairs and identified the recommended method for these repairs. On January 22, 2013, the City Council approved the plans and specifications and authorized staff to solicit construction bids for the Pavement Rehabilitation Program — Rancho Vista Road (Margarita to Paseo Goleta), Project No. PW10-15. The work for the Pavement Rehabilitation Program — Rancho Vista Road will be between Margarita Road and Paseo Goleta and consists of pulverizing existing asphalt, base and subgrade to a depth of 1.60 feet, removing a depth of 0.35 foot of material from the finished grade to provide for the proposed asphalt pavement section, constructing 0.20 foot depth of Asphalt Concrete (AC) section, placing 0.15 foot depth of Asphalt Rubber Hot Mix (ARHM) section, adjusting various facilities to grade, and installing permanent and temporary AC pavement, AC dike, traffic striping, pavement markers and legends, and miscellaneous appurtenants work. On March 25, 2013, five bids were electronically opened and publicly posted on the City's on- line bidding service, PlanetBids. The results were as follows: 1. RJ Noble Company $1,396,910.00 2. Granite Construction $1,431,505.50 3. All American Asphalt $1,456,456.00 4. Vance Corporation $1,485,190.00 5. Hardy and Harper Non-responsive Staff has deemed the bid submitted by Hardy and Harper, as non-responsive due to the fact that the City did not receive their original bid bonds within the 24-hour after bid opening as required by the project specifications, Notice Inviting Bids - Section 7, Instruction to Bidders - Section 2, and Proposal - Item Number i. Staff has reviewed the bid proposals and found RJ Noble Company to be the lowest responsible bidder. RJ Noble Company has public contracting experience and has completed similar projects for the City and other agencies. The Engineer's Construction Estimate for the Pavement Rehabilitation Program — Rancho Vista Road is $1,206,250.00. The specifications allow for a schedule of sixty working days, which is an approximate duration of four and one half months. The overall budget was over the engineer's estimate by 15.81%. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within ninety days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Pavement Rehabilitation Program — Ynez Road Project involves reconstruction of an existing roadway, entirely within the original road width, therefore, there is no new disturbed area subject to the 5% MSHCP fees, and the project is thus exempt. FISCAL IMPACT: The Citywide Pavement Rehabilitation Program is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2013-17, with funding from Measure A and Capital Projects Reserves. Adequate funds are available in the project accounts to construct the project. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PAVEMENT REHABILITATION PROGRAM — RANCHO VISTA ROAD (MARGARITA ROAD TO PASEO GOLETA) PROJECT NO. PW10-15 THIS CONTRACT, made and entered into the 9"' day of April, 2013 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and RJ Noble Company hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PAVEMENT REHABILITATION PROGRAM —RANCHO VISTA ROAD (MARGARITA ROAD TO PASEO GOLETA), PROJECT NO. PW10-15, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION PROGRAM — RANCHO VISTA ROAD (MARGARITA ROAD TO PASEO GOLETA), PROJECT NO. PW10-15. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION PROGRAM — RANCHO VISTA ROAD (MARGARITA ROAD TO PASEO GOLETA), PROJECT NO. PW10-15. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PAVEMENT REHABILITATION PROGRAM — RANCHO VISTA ROAD (MARGARITA ROAD TO PASEO GOLETA) PROJECT NO. PW10-15 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: One Million Three Hundred Ninety Six Thousand Nine Hundred Ten Dollars and No CENTS ($1,396,910.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed 60 working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the mariner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of $1,000.00 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the CITY who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any CITY officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to riot unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has riot, and agrees that it will riot, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR RJ Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 By: Michael J. Carver Print or type NAME President Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney DB CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Proiect 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 5 4,360.000 5 29,080, 704 Construction $3,676,614 $ 5,737,130 $ 897,711 $ 900.048 $ 901,976 5 903,470 513,016,949 Engineering $ 33,759 $ 200.000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 833,759 Design $ 363,426 5 220,000 $ 30,000 $ 30,000 $ 230,000 $ 30,000 $ - $ 903,426 Totals $4,502,740 r $9,120,875 $4,800,000 54,800,000 $4,800,000 54,800,000 $ - 532,823.615 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 5 903,470 513,016,949 Unspecified* 53.899,952 $ 3,898,024 $ 3.896,530 $ 11,694,506 Total Funding: $4,502,740 $9.120,875 $4,800,000 54.800.000 54,800,000 54,800,000 $ - 332,823,615 Future Operation & Maintenance Costs: 2012-13 2013-14 2014-15 *Project cannot be constructed until a funding source is identified. 63 2015-16 2016-17 THE CITY OF �r = TEMECULA 1ivxor "Old Traditions, New Opportunities" 0 Location Map- Rancho Vista Road 700 1400 2100 ft. Map center: 6298234, 2128361 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: 1:7,171 Item No. 11 Approvals City Attorney Director of Finance City Manager Po-r-- oa CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 9, 2013 SUBJECT: Construction Contract for Community Recreation Center Ornamental Picket Fence Replacement, PW12-21 PREPARED BY: Avlin Odviar, Senior Engineer William Becerra, Associate Engineer RECOMMENDATION: 1. Award a Construction Contract for the Community Recreation Center Ornamental Picket Fence Replacement, Project No. PW12-21, to Harris Steel Fence Company, Inc. in the amount of $144,982; 2. Authorize the Interim City Manager to approve change orders not to exceed the contingency amount of $14,498.20, which is equal to 10% of the contract amount; 3. Make a finding that the Community Recreation Center Ornamental Picket Fence Replacement is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Community Recreation Center Ornamental Picket Fence Replacement, Project No. PW12-21, is included in the City Facilities Rehabilitation program. This project will replace the existing fence with ornamental fence and gates throughout the Community Recreation Center property which includes the swimming pool area, amphitheater, and parking lot. An additive bid allows for new fence and gates along the adjacent drainage channel to the south of the property. On March 21, 2013 four bids were electronically opened and publicly posted on the City's on- line bidding service, PlanetBids. The results were as follows: 1. Harris Steel Fence Co., Inc. 2. J & A Fence 3. Fortress Fence 4. FenceCorp Base Bid Additive Bid $128,107 $16,875 ---non-responsive--- ---no n-respo ns ive--- ---non-responsive--- Total Bid $144,982.00 Staff has reviewed the bid proposals and found Harris Steel Fence to be the lowest responsible bidder, based upon the base bid. Harris Steel Fence has public contracting experience and has completed similar projects for other agencies. Staff is requesting the total bid to be awarded. Staff has deemed the bids submitted by Fortress Fence and FenceCorp as non-responsive because the City did riot receive the original bid bond within the 24-hour period as required by the project specifications, Notice Inviting Bids - Section 7, Instructions to Bidders - Section 2, and Proposal - Item No. i. Staff has deemed the bid submitted by J & A Fence as non-responsive because the original bid bond was not submitted using the provided form in the project specifications, page P-10. The Engineer's Construction Estimate for the Community Recreation Center Ornamental Picket Fence Replacement, including the additive bid, is $177,000. The specifications allow for a schedule of 30 working days. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Community Recreation Center Ornamental Picket Fence Replacement involves replacement of an existing fence; therefore, the project is exempt from the 5% MSHCP fees. FISCAL IMPACT: The Community Recreation Center Ornamental Picket Fence Replacement, Project No. PW12-21 is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2013-17 as part of the City Facilities Rehabilitation program and is funded with Capital Project Reserves. Adequate funds are available in the project account to construct this project. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR COMMUNITY RECREATION CENTER ORNAMENTAL PICKET FENCE REPLACEMENT PROJECT NO. PW12-21 THIS CONTRACT, made and entered into the 9`" day of April, 2013 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Harris Steel Fence Company, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled COMMUNITY RECREATION CENTER ORNAMENTAL PICKET FENCE REPLACEMENT PROJECT NO PW12-21, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for COMMUNITY RECREATION CENTER ORNAMENTAL PICKET FENCE REPLACEMENT PROJECT NO PW12-21. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for COMMUNITY RECREATION CENTER ORNAMENTAL PICKET FENCE REPLACEMENT PROJECT NO PW12-21. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but riot in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: COMMUNITY RECREATION CENTER ORNAMENTAL PICKET FENCE REPLACEMENT PROJECT NO PW12-21 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED FORTY FOUR THOUSAND NINE HUNDRED EIGHTY TWO DOLLARS and NO CENTS ($144,982.00), the total amount of the base bid and additive bid. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. The CONTRACTOR shall defend and indemnify (including the appointment of competent defense counsel) the CITY from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the CITY who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any CITY officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Harris Steel Fence Co., Inc. 8728 S. San Pedro St. Los Angeles CA 90003 323-751-4104 By: Daniel Blanciak Vice President By: William A. Blanciak President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 0B Lt/, CALIFORNIA CITY FACILITIES REHABILITATION Infrastructure / Other Project Project Description: This project facilitates rehabilitation projects at City owned and operated facilities such as the City Hall, Civic Center, Community Recreation Center, Field Operations Center, Escallier House & Barn, Harveston Center, Mary Phillips Senior Center, Mercantile Building, Old Town Parking Garage, Old Town Sixth Street Parking Lot, S.A.F.E., Temecula Children's Museum, Temecula Community Center, Temecula Public Library, Temecula Valley Museum, Temecula Wedding Chapel, Pool and Locker Room at Temecula Elementary School, and Maintenance Facility. The rehabilitation could include, but not limited to, parking lot rehabilitation and light replacements, heating ventilation and air conditioner (HVAC) upgrades, roof repairs, carpet replacement, cabinet re-facing/replacement, re -stucco, concrete repairs, and replacement of fences. Benefit 1 Core Value: This project minimizes emergency repair costs, prolongs the service life of facilities, and upgrades aging facility components. In addition, this project satisfies the City's Core Values of Healthy and Livable City and A Safe and Prepared Community. Protect Status: A priority list of rehabilitation projects has been developed. Rehabilitation of projects are completed on an ongoing basis. Department: Public Works -Account No. 210.165.701 Level: 11 Project Cost: Actuals to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Years Protect Cost Administration $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 450,000 Construction $375,000 $375,000 $375,000 $375,000 $375,000 $375,000 $ 2,250,000 Design $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 300,000 Totals $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $ - $ 3,000,000 Actuals Future Total Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Capital Project Reserves $500,000 $500,000 $500,000 $ 1,500,000 Unspecified* $500,000 $500,000 $500,000 $ 1,500,000 Total Funding: $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $ - $ 3,000,000 Future Operation & Maintenance Costs 2012-13 2013-14 2014-15 2015-16 2016-17 1 1 1 *Project cannot be constructed until a funding source is identified. 83 N/A PW12-21 CRC Omamental Picket Fence Replacement Spec Book ' Community Recreation Center Pool Fencing l November 30, 2012 Gates 34 -Inch High Fence 42 -Inch High Fence 6 -Foot High Fence 6 -Foot High Fence 8.5 -Foot High Fence Aerial FetnAre 2006 FMa 0 77.6 7! '40 r!glearamq palWlp6la wksbvnmrrp_oontrfnallalno! Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 9, 2013 SUBJECT: Parcel Map 36461 (located at the southwest corner of De Portola Road and Campanula Way) PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: 1. Approve Parcel Map 36461 in conformance with the Conditions of Approval; 2. Approve the Subdivision Monument Agreement and accept the Cash Deposit Agreement for Monumentation as security for this Agreement. BACKGROUND: Record title interest: Cal -Paseo Del Sol, LLC. Parcel Map 36461 proposes to subdivide a 7.07 gross/net acres property into two parcels — 6.04 net acres and 1.03 net acres, respectively. The lot split is required in order to create a separate parcel, Parcel 2 of the map, to accommodate the regional Water Quality Management Plan provisions of the Paseo del Sol Specific Plan development. No development is proposed on this commercially designated property with this application. The property covered by this map is located at the southwest corner of De Portola Road and Campanula Way. Tentative Parcel Map No. 36461 (PA12-0086) was approved by the Planning Director on September 20, 2012. All public improvements are in place; however, the survey monuments are required to be set. The property owner/developer is, thus, obligated to execute the Subdivision Monument Agreement and post the required security. The property owner/developer has met the terms of the Conditions of Approval for map recordation and this map is in conformance with the approved tentative parcel map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1. Fees and Securities Report 2. Vicinity Map 3. Reduced Copy of the Map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 36461 DATE: April 9, 2013 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIALS SECURITY Street and Drainage - - Water - - Sewer - - TOTAL - - Monumentation $ 1,800.00 - DEVELOPMENT FEES RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Fire Fee TCSD Fee Plan Check Fee $ NIA $ To be paid $ 360.00 $ 256.00 $ 174.00 $ 2,358.00 Monumentation Inspection Fee $ 339.00 Fees Paid to Date $ 3,487.00 Balance of Fees Due $ 0.00 VICINITY MAP NOT TO SCALE VIA RAMI PROJECT SITE TOTAL N0. PARCELS = 2 TOTAL AREA GROSS = 7.07 TOTAL AREA NET = 7.07 TN(NN'S STATOENT 881 IETEBY STATE 11447 LIE ARE TIE OSIERS C' THE LANG INCL07ED 8111414 7FE SUBDIVISION SCAN HERM. THAT RE ARE TIE OILY PERSOE0 MOSE 07NSENT I5 ACCESSARY TO PASS A CLEAR 1171.E TO SATO LAPEY. TMAT 8E CONTENT TO THE WOWS A10 RECCCOING CF THIS SEEOIVISICN MAP A5 50144 81114(14 TIE DISTINCTIVE BORDER LITE. WE 1E7EBY DEDICATE TO 17E CITY OF 1648104.11 TIE EA5EIENT FOR STERN GRAIN RAPOSES AS SCAN HERECN. ■E IEPEBY DEDICATE ABUTTERS RIGHTS OF ACCESS NANO OE PORTO.A ROAD AW CAMPANULA MAY TO EEE PUBLIC. INE O1ERS CF PARCELS 1 AND 2 ABUTTING SES£ MONDAYS AND CURING SUCH 111E MILL NAVE NO RIGHTS CF A03E55 EXCEPT THE AEON. EASEAENT OF TRAM.. ALSO EXCEPTING THE 40 FOOT RIDE ACCESS OPENING ON CAAPANAAI MAY AND 114E 32 FOOT NO 12 6001 MICE ACCESS C'ENI1455 CN DE PCRTOLA TOAD. ANY CHANGE OF ALIOAIWT 0R 81071 THAT REBUTS IN TIE VACATION 11EP£0F SHALL 1ETWINATE THIS DEDICATION A5 TO TIE PART VACATED. CAL-P4SE0 DEL SOL. LLC. A CALIFORNIA LIMITED LIABILITY CCA=ANY Br MAZE MICHAEL L. FIST TITLE SENIOR VICE PAE510ENT BENEFICIARY HASH FINANCIAL LLC. A DELAWARE LIMITED LIABILITY COMPANY AS BENEFICIARY LACER A DEED OF ITA/ST RECORDED JAMORY 5, 2012 AS INSIROENT W. 2012-0003695 C' 06(6(.. RECCES. 8T: 8T 11£•. NAME TI1TLE TITLE: MART /QOOTRECO ER STATE C CALIMRNIA )S5. calor a ) 04 THIS _- DAY OF 20_ BUGS£ NE IOCAXWIY APPEARED AHO PAVED TO IE ON TIE BASIS OF SATISFACTORY EPIC EE TO BE TK P09Ol(S) 8105E NAME(S) IS/ARE 9 O((80 TO TE 815116 INSTRINENT AND AONOID ED® TO ME THAT ({/981/11EP CECUIED 7/81 SNE IN HI5/IER/TlEIR NA HORI2m CAPACITY(IES) 140 THAT 8Y NI5/HER/TEIR SIENATAE(5) 04 1181 INS14AER THE PERSON(S), CB TIE ENTITY UPON BEHALF 0 B ITCH DE 14(140 4(5) *CID. MOPED TIE INSTB►EIT. I CERTIFY ADDER PENALTY OF PQWURY VEER DE vas OF TIE STALE CF CAL(FOPNTA THAT TEE FORGOING PARAGRAPH IS TAE Aro CCRWCT. CRESS HAY TWO AND OFFICIAL SEAL NOTARY RELIC IN 140 FCR SAID STATE YT PRINCIPAL RACE Cr BUSINESS I5 1N TTY COMMON (P(RES NOTARY AOOOREDGE*ENT STATE CF CALDQNIA )55. C0O4RY Cr ) ON 11415 - DAY OF 20 BEFORE IE PERSONALLY NPEYRFD 1111 PROVED TO 181 04 1181 BASIS 0< $ATI0AC70RY 6410EN0. TO BE TIE PERSON(S) ROSE KNEW IS/NE 9 IBRD TO 181E AUTON (NS004A041 AND 800408LEDOED 20 181 TNT 181/BE/TIEY DEWED TIE SAME IN 815/H3R/17EIR ARTERIZ D CAPACITT(16) MO THAT BY HIS/HER/THEIR 51OMIVE(S) W 181E INSTRUAENT TIE PONONS). CR TIE 01TITY AWN MALE 0' 64104 1181 PERSON(5) ACTED, DECRIED 1181 INSTRPAENT. 1 CERTIFY NSW PENALTY OF PE(J.RY ODOR 181E LAOS OF TIE STATE OF CALIFONIA Ma 11E 10026(IG PARAGRAPH IS RAVE 140 COTWCT. WITNESS MY 1410 140 011(1 L SEAL 6TARY RELIC IN A40 FOR 5A10 STATE NY PRIECIPAL ELME 0 BUSINESS 15 IN MY CO144(SSION DPI= - IN THE CITY OF TEAECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. PARCEL MAP NO. 36461 BEING A SUBDIVISIOV CF PARCEL 5, AS SHORN ON PARCEL IMP NO. 29431 FILED IN BOOK 195. PAGES 94 THROUGH 99, INCLUSIVE. OF PARCEL MAPS. RECORDS 0. RIVERSIDE COUNTY. CALIFCNIA. coN11uLTIN3 OCTCE07. 2012 SIRVFYOR'5 STATEMENT THIS NAP WAS PREPARED BY 1E OR LIVER 141 0I1ECTION AAD IS BASED URN A FIELD SURVEY 1N COIF0AWNC£ 8(114 TE REWIRE/ORS OF THE SUBDIVISION NAP ACT NCI LOCAL ORDIN1ICE AT THE PEOLES1 0 CAL-PASEO CC. 50.. ILC. IN MAY 2007. l IFiEiSY STATE TINT ALL 440.AERS ME OF TIE CHARACTER AND OCCUPY THE POSITIONS INDICATED. CR WILL 981 SET IN ACOCOANC£ WITH TIE TERM C' TIE MOMENT AG:6DENT FOR TIE YAP, AND THAT SAID 143N.ENT5 AFF, OR WILL EE. SUFEIC1LM TO ENABLE THE SURVEY TO EE RETRACED. I 1404133 STATE THAT NIS PARCEL YAP SUBSTANTIALLY COMMIS TO 114E APPROVED CR CCOITIMLLLY APPROVED TENTATIVE YAP, IF ANY. DATE 2013 JOIN R. OIXNEFTE, L.S. 7566 EIPIRE5 12-31-13 CITY ENGIIFFR'S STATEMENT T IEREBY CERTIFY THAT THIS YAP CONSISTING Cr THEE (3) SHEETS MAS BEEN EXAMINED BY ME OR DOER MY SUPERVISION N0 60L10 TO EE SUBSTANTIALLY 7181 SALE A5 IT APPEARED ON TIE TENTATIVE MAP OF TRACT 36461 A5 FINED 140 APPROVED BY THE CITY OF TEIEOA.14 04 SEPTEMBER 20, 2012, TIE EPIRATION DATE WINS SEF1EIEFER 20. 2015. THAT ALL PROVISTOAS OF APPLICABLE STATE LAW 043 CITY REGULATIONS HAVE BEEN COMLIED ETH, 440 THAT 1 141 561ISF105 THAT THIS MAP I5 TECHNICALLY CORRECT. OAIER 2013. WRNS R. WINO4NA( L.S. 6240 (AS DELEGATED) CITY OF 1ENECUAA SlONN11PF RMISSIIIRS NOTE. PIRSANT TO SECTION 66436 CF TEE 600IVI5ION MAP ACT, 1181 S104ATCES OF TIE FO1014(NG OWNERS OF EASEMENTS N0/011 011ER INTERESTS HAVE BMA OMITTED EASTERN WNICIPN. WATER DISTRICT, RCDER OF AN EASEMENT FOR SEWER PURPOSES REWFOED MAY 31. 2000 A5 COCWENT N0. 2000-206295 CF OFFICIAL WOWS Cr RIVERSIDE COUNTY. ABANDfe1IFTT NOT'• PURSUANT TO SECTIONS 66499.20 1/2 OF 5E SAO(VISION MAP ACT, THE FILM CF THIS MAP CONSTITUTES TIE ABNOOAENT OF RESTRICTED ACCESS ALONG OE P0R10.A ROAD AHD CAWNOLA WAY 810(04104 PER PARCEL IAP 140. 29431 BENRDED M BOC( 195. PAGES 94 T)ROL04 99, INCLUSIVE. OF PARCE3. PIPS. MOMS OF RIVER5106 CORTY, CALIFCENIA. SHEET 1 OF 3 SHEETS RECORDER'S STATEMENT FUND THIS _-----DAY OF 20 AT _,Y. IN BOOK OF PARCEL MAPS AT PAGES AT THE REQUEST OF THE CITY 0.E6(, CITY OF TENECULA 140 FEE VARY M. RAPD. ASSESSOR -COUNTY CLER(-RECORDER BY: OEAITY SUBDIVISION GUARANTEE BY: CHICAGO TITLE COIPANY TAX C0.IFCTOR'S CERTIFICATE I FEWER CERTIFY TNA* WORDING TO TIE RECCES C' THIS OFFICE, A5 OF THIS DATE, THEW ARE NO LIDS AGAINST TIE PROPERTY 5041 04 1181 WITHIN LVA PCN 0FAIO STATE. COUNTY. MANICIPAL CR LOCAL TAPES OR SPECIAL ASSESSORS COLLECTED A5 TA76S, EXCEPT TAXES CR SPECIAL AS459QNT5 COLLECTED AS TAWS. NOR A LIEN BUT NOT 0E1 PAYABLE. 881101 ARE ESTIMATED TO BE $ DATED 2013. DON IVIT. COMET TAY COLLECTOR TAX BOO CERTIFICATE I IEEBY CERTIFY TIMI A BOND IN RE SAT OF 9 10S WEN DEWED NO FILED WITH TIE BOND OF S 145140ISCNS OF 481 COUNTY CF RIVERSIDE, CALIFORNIA, CO(OITICYm UPON 1181 PAYMENT W ALL TALES. STATE. COUNTY. WIICIPAL, OR LOCAL. ANO ALL SPECIAL ASSESSORS COLLECTED A5 TARES, MICR AT TIE TIME OF 11C FILING Cr 4415 MAP PITH TIE COR1Y RECOCOER ME A LIEN AGAINST SAID PROPERTY BUT N31 YET PAYABLE ANO SAID 680 HAS BEEN DULY APPROVED BY S410 BOARD 0 SPERVISCR5. DATED: 2013. DA94 TAX BCCI DON TENT 60.641Y TAX 07E.ECT112 IECIA 1MMER-1101 CLEW OF HIE BONG OF 94404(5015 Br Br DEPUTY COMITY OTT 0 FM'S STAMM' TIE CITY COUNCIL Cr THE CITY Ci TEMEC4A.44, STATE Cr CALIFORNIA, BY 1T5 CITY CLOW. SUSAN M. J06. WC , HEREBY APPROVES 11E PARCEL MAP. WE HEREBY =on TRE STOW DRAIN EA93FN1' AS DEDICATED. WE HEREBY ACCEPT 1181 OFFER Cr DEDICATION Cr ABETTERS RIGHTS OF ACCESS ALONG OE PCRTCLA ROAD ND CAWANAA WAY A5 SOAR HEREON. OE HEREBY ABANDON, PIR9EN4T TO SECTION 66499.20 1/2 OF 11E SUBDIV(510N NAP ACT. TEE EASE/NTS A5 904 1.1 6T THE ABAI00AEHT NOTE A5 5101N HEFECN. CATER 2013. BT: SUSAN W..XEE5. A1C CITY CLEAR(. CITY Cr TEIEQAA PROJECTED 5E61104 17. TBS. 858 C IES 7.J SCALE '"-86 PARCEL YAP AD. 31711 P.Y.B. 216/14-15 PARCEL 3 FOIP0 t' IP 0/PLA5110 RESET TAU AS 7566 1 (67.3"26'104'E 319.95') 673'25'45'E 319.95' ( 1 ,RAF, N0. 24136-3 1` Y.B. 305/35-42 - L -~ ) -CGT 78 - 7 F0,80 1' IP. CP1a1. NO RT.! ACCEPTED AS CL BC SET 146 'LS 7566' f0. C 4415 32 9. (6-16'32 X97.72-0 CR_ 32' ACCESS •Y7� ° OPENING L� `A1334JA.'s IPI TR4cr N0. 3752 U.8. 59/53-55 LOT 25 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. PARCEL MAP NO. 36461 BEING A SUBDIVISION OF PARCEL 5. AS SHO11N CN PARCEL MAP N0. 29431 FILED IN BOCK 195. PAGES 94 DROAi4 99, INCLUSIVE. OF PARCET. MAPS. RECORDS OF RIVER570E COCNTY• CALIFORNIA. 1'G \ TRACT 14. 24 130-3\ \ M.8.305/5-42 i 7+ I,L� L�Lor n����/ �� ill . �,4A•1 i':.,0 ? A SSi'' A6 / / __ Y_ / /..... 8'25[ 11�. .�C 1sIL$8/p,. 22' -- 0412'35.00'9 114.46') (N32'34.25'IP 114.200' 690) CONBULTINO OCTOBER. 2012 F0. 1' IP 0/NAIL k TAG RCE 21914. Hlu91. PER P.4.9 100/18-19 PARCEL MAP AO. 28364 P.M.B. 190/4,7-45 PARCEL 7 Csl O a N' N16' n�n Pi P 7'n 04 £L 1 6.04 .t PARCEL MAP P0. 29431 P.M,8. 195/94-99 PARCEL 5 MEL SEE SHEET 3 FOR EASEY?1T DATA 041.5 2196047.398 8317223.991 JOINED PIPES ■/STO. sum* 50TE9 IN TOP ..a�a NJv�1 v=N1 Mf0.O902.48-W. O.Ci�A ?0/982. f0g'QH70 �ao1A. _71-A CITY OF TESECtLA 4 \ PALMAOEL 5O. PARK -3'675 `G•LAST. NO. 118889 O.R. 5 os \ (YA(LARCH22,2,1994),�A0474 T Cl\ I S+` I lEARING/OC.TAr140Ms 1 UNGER I q 7 \ 3 K73'34'04'14 -- 34.65' \ 2 7432'34'25'W --39.72' C. $ 3 N27'24'S1'E (R) 10.00' ' \ 4 87'56'31' 75.00' 115.12' (% \ ¢ioo 5 N72.46'00•E 61.51' ` 6 N32'33'05'0 89.81' .fj\ 7 617'00'39'0 --51.71' ::S.-$.'t \ 9 673'22'48'E (-- 34.93' F.A. \ 30 02'47'13' 1250.00' 60.80' 19.b \ 11 02'54.02' 1200.00' 60.75' ,..+i'• 12 04'18'54' 989.00' 74.48' \ \ 13 1427'24'51'E (R) 39.00' 1/1 40' ACCESS OPNNNC WED 2020463.041 8477463.60.3 9YATT-MUMEM DREW (RACED GDLETIC II@4AOR \ %\ ▪ \ / / PARCEL MAP NO. 29431 b. Q„..., \ \ '•�\, / P.14, 8. 195/94-99 . \ PARCEL 6 @' 'E)- - _ (675'29'47'8 -- 35.19') (432.35'00'8 - 39.72') (107'25'I7'0 - 10.00') (88.21.51' 75.00' 115.67') (673•03'54'E - 61.16') (N32'33'46'0 - 89.93') (N16.56'06'W - 57.60') (N16.33'56'W - 50.03') (N73'23'20'0 - 5.00') ( DRAINAGE EASEMENT PER P.M. N0. 28384 P.M.B. 190/43-45 675'72'48'0 388.30'/ 0473'23'20'E 386.26') 673'22'48'0 401.23' (973'23'20'0 403.26') - - - -PARCEL MAP N0. 28364 P.M.B. 190/43-45 PARCEL 2 PARCEL MAP A0. 29431 P.M.B. 195/94-99 PARCEL 3 ENVIRONMENTAL CONSTRAINT NOTE THE ENVIRONMENTAL CONSTRAINT SHEET AFFECTING THIS MAP IS ON FILE IN THE OFFICE OF THE CITY ENGINEER. CITY OF TEMEOA.A IN ECS BOO( T. PAGE 378 AND AFFECTS ALL PARCELS IN THIS SUBDIVISION. VICINITY MAP NGT TO SCALE SHEET 2 OF 3 SHEETS PROJECT SITE SURVEYOR'S NOTES 1. PARCEL MAP 70. 36461 CONTAINS 2 POWERED PARCELS PARCEL We N0. 36461 CONTAINS 7.07 ACRES GROSS. YORE CR LESS. 0 INDICATES SET 1' IP & TAG 'LS 7566'. FLUSH, IN TIE GROUND 0R IN ASPHALT OR A NAIL AND TAG 'LS 7566' IN CONCRETE. 2. SET 1' IP k TAG 'LS 7566',FLUSH IN THE 6644.90 OR IN ASPHALT OR A NAIL AND TAG 'LS 7566' IN CONCRETE AT ANGLE POINTS. 3. ALL MON.10475 SHOAN AS SET SHALL BE SET IN ACCORDANCE 111TH RIN7(SIDE COUNTY CPDINANCE 461.9 AND THE YONL/.ENTATION AGREEMENT FOR THI5 MAP. 4, .Lulli. INDICATES RESTRICTED ACCESS PER P.Y.B. 195/94-99. 5. ( ) INDICATES RECORD DATA PER P.M.B. 195/94-99. L O U. ENT NOTES: • F05/8" CCPPERCLAD STEEL PIN W/ 1-1/2' BRASS CAP STAMPED "LS 5342', FLUSH PER P.Y.B. 195/94-99. UNLESS 019079195 NOTED. ■ MI" IP 11/TAG "L5 5342", FLU91, PER P.M.B. 195/94-99. A FD NAIL k TAG "L5 5342', FLUSH, PER P.M.B. 195/94-99. ( ) INDICATES RECORD DATA PER P.Y.B. 195/94-99. SFN INDICATES 5EAR050 FOR W,NJME67S PER P.Y.B. 195/94-99 - 101916. FOND. BASIS OF BEARINGS NOTE TIE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM. 209E 61, NA063 (EPOCH 2007.0) A5 DETERMINE LOCALLY BY A LINE BETWEEN CONTINUOUS OPERATING RFFERE7CE STATIONS (CORS) INFO 990 OVLS BEING N42-23-01.789 AS DERIVED FROM GEODETIC VALLES PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CSRC) A10/OR NATIONAL GEODETIC Sl4VEY (NGS). 1ESPECTIVE3.6. GRID DISTANCES MAY 8E CBTAI7E0 BY MULTIPLYING (710.80 DISTANCES 81 0.99991068 EASEMENT NOTES INDICATES EASEMENT FOR STO10H DRAIN PUSS DEDICATED TO THE CITY OF TOECUJA HEREON. INDICATES © FORPUBLIC �UTILITIES NA BY A 5LMAAROF A RESIDUAL YVEAACATTEASEMENTINOF OD ALIGNMENT OF OE PCRTOLA ROAD PER DOONENT RECORDED JULY 5, 1989 A5 INSTRUMENT N0. 224106 O.R. QINDICATES AN EASEMENT RESERVED IN COVENANTS. CONDITIONS. RESTRICTIONS AND EASEMENTS RECORDED MARCH 30. 2000 AS INSTRUMENT M. 2000-117690 O.R. l3 INDICATES AN EASEMENT FOR SEWER PIPELINE TO EASTERN MNICIPAL WATER DISTRICT PER DOCUMENT RECORDED YAY 31. 2000 AS INSTRILENT N0. 2000-206295 O.R. 70 40 EC 160 240 Y.y_= -•EC' PARCEL MAP AU. 31711 P.M.B. 216/14-15 PARCEL J P�D�Iro1S� 1' IP MgL/ IC� M. � RESET 11.0 �LS 47NSEt1 TRACT N0. 3752 M.B. 59/53-55 Lor 25 IN THE CITY OF TEM.ECULA, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA. PARCEL MAP NO. 36461 BEING A SL601VISION OF PARCEL 5, A5 5110M ON PARCEL MAP N0. 29431 FILED 1N BOOK 195. PAGES 94 THROUGH 99, INCLUSIVE, OF PARCEL MAPS. RECORDS OF RIVE2SICE COUNTY, CALIFORNIA. --r I 11 ' -JI � 1 TRACT AD( 241.3 ''' 1 i 1 1 11.8. 305/25-42 RAC TT N0. 2436-J 11 --Lor coT n �c 1r+' Y.B. 305/35-42 30 I �- ) A LOT 78/ (1N32'34'25'M 114.22' r/(N32'35'00'0 114.46') LIP. OPEN. NO RFT. j/ CL e SET TAD AocEpRED'LS 4547' 187 l rSAT0. i6 P°R 0 14- FO. 1' IP M/NAIL Q TAG RFE 21914. ROSH. PER P.M.B. 100/18-19 PARCEL MAP N0. 28384 P.M.B. 190/43-45 PARCEL 7 4•13* 1. Q' 44195`157'.436H; 01'F11 C/L 32' 1W ACCESS •.� U ;it. 0 N1652481 227.34' a P 1 8. .s PARCEL MAP NO. 29431 P.Y.B. 195/94-99 PARCEL 5 A 0 CITY OF TEIEOAA 1 PALCMA OE. SOL PARK ` INST. NO. 118889 O.R. (11.491:71 22. 1994) .b. CA 40' AO=., OPE7NING ;EE DETAIL 'A" N73'22'48.0 398.30' CRAIN4GE EASEMENT PER P.Y. N0. 28384 P.Y.B. 190/43-45 PARCEL. MAP N0. 28384 P.M.B. 190/43-45 PARCEL. 2 N24:21:2?_ PET CONDYLTrNO OCTOBER, 2012 EASEMENT MAP DATA TABLE 8F6RINO/CELTA 1 RADIL6 1 LF743TN 2 3 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 N75'35'04'4 1432'54'25'0 N27'24'S1'E 87.56'31' 972'48'00'6 N32'33'05.6 N17'00'39'8 N16'34.15.6 N73'22.46'E 02'47'13' 03'22'42' 00'23'54' 02'23'19' N32'33'05'E N73'23.20'E N32'33.05'E N32'53'05•6 632'33'05-E N32'35'05'E 632'33.05'E N16'56'06'0 616'56.06'0 1473'03'54.E N16'56'06'e 973'22'48'6 1073'22'48'6 N73'04'I0'( 29'22'59' N16'36'40.11 N73'23'20'6 N16'36'40'9 18'11.24' PARCEL MAP NO. 29431 P.M.B. 195/94-99 PARCEL 3 - 39.72' (6) 10.00' 75.00' 115.12' 61.51' 89.81' 51.71' (R) 50.00' 4.93' 1250.00' 60.80' 1250.00' 73.70' 1250.00' 8.69' 1250.00' 52.11' - 26.08' - 30.00' - 39.46' - 24.27' - 45.81' - 26.31' - 17.69' - 18.11' - 20.00' - 55.00' - 15.63' - 13.13' - 21.75' - 36.46' 35.00' 17.95' - 25.00' - 20.00' - 25.00. 55.00' 17.46' PARCEL MAP M7. 29471 P.M.B. 195/94-99 PARCEL 6 SHEET 3 OF 3 SHEETS EASEMENT NOTES QINDICATES EASEMENT FOR STORY DRAIN REPOSES DEDICATED TO TIE A CITY CF TEMECU A IEPECN. QINDICATES RESERVATION OF A RESIDUAL EASEMENT TO THE PUBLIC AND FOR PUBLIC UTILITIES 8Y A SUMMARY VACATION OF 0.D ALIGNLENT OF OE P6RT01a ROAD PER D00ME4T RECORDED JULY 5, 1989 A5 11STRIAENT 10. 224106 O.R. 2 INDICATES AN EASQENT RESERVED IN COVENANTS. CCl.0lT10N5, RESTRICTIONS A10 EASEMENTS RECORDED MARCH 30, 2000 AS 1NSTRIA.4T NO. 2000-117690 O.R. O INDICATES AN EASEMENT FOR SEWER PIPELINE TO EASTERN AWICIPAL MATER DISTRICT PER OOCLMOIT RECORDED MAY 31. 2000 AS INSTRUMENT N0. 2000-206295 O.R. .HILL- INDICATES RESTRICTED ACCESS 4j• 'y 3• 1 \j-$ N73'22.448'E 398.30'- Tj ,'•• ,\00"Et JF74N "R' 1'440' Item No. 13 Approvals City Attorney Director of Finance City Manager M -r oa CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 9, 2013 SUBJECT: Tract Map 29661 (located on the south side of Murrieta Hot Springs Road west of Butterfield Stage Road) PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: 1. Approve Tract Map 29661 in conformance with the Conditions of Approval; 2. Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond and Labor & Materials Bond as security for the Agreement; 3. Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. BACKGROUND: Record title interest: Roripaugh Temecula 113, LLC/Van Daele Homes, LLC. Tract Map 29661 proposes to subdivide a 22.306 gross acres (17.722 net acres) property into 112 single-family residential lots. The property covered by this map is located on the south side of Murrieta Hot Springs Road west of Butterfield Stage Road within the Roripaugh Ranch Specific Plan. Tentative Tract Map No. 29661 (PA01-0253) was approved by Temecula City Council on November 26, 2002. The tentative map expiration date runs concurrent with the Development Agreement expiration date, which is November 25, 2013. This is pursuant to Section 17 of a Development Agreement by and between the City of Temecula and the underlying property owner, Ashby USA, LLC. and as clarified in Section 6 of the Sixth Operating Memorandum by and between the City of Temecula and succeeding owners. The improvements associated with the development of this map are required to be constructed. The survey monuments are also required to be set. The property owner/developer is thus obligated to execute the Subdivision Improvement Agreement and the Subdivision Monument Agreement and to post the required securities. The property owner/developer has met the terms of the Conditions of Approval for map recordation and this map is in conformance with the approved tentative parcel map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1. Fees and Securities Report 2. Vicinity Map 3. Reduced Copy of the Map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29661 DATE: April 9, 2013 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIALS SECURITY Street and Drainage $ 1,585,000.00 $ 792,500.00 Water $ 234,000.00 $ 117,000.00 Sewer $ 347,500.00 $ 173,750.00 TOTAL $ 2,166,500.00 $ 1,083,250.00 Monumentation $ 8,500.00 - DEVELOPMENT FEES RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Fire Fee TCSD Fee Plan Check Fee $ Paid $ To be paid $ 694.00 $ 256.00 $ 1,206.00 $ 10,747.00 Monumentation Inspection Fee $ 425.00 Fees Paid to Date $ 13,328.00 Balance of Fees Due $ 0.00 URRIETA -r HOr SPRINGS RD. We STAGE RD. BUTTERFIELD 0 C4 /Fo,? RD. VICINITY MAP GROSS MEA• 0521 AMES AU MEA• 17.752 AURES MOM OF LOTS 115 MAIDER CF LETTERED LOTS 7 ONTQS STATISIDIT KE 212127 TATE 71411 E NE M 01606 OF WE LVO 05205 121142 117 9102723 90N /0017 7175 E K TIE par 30026 MAS 022105 R 210537' 10 7455 A CUM 7777E 10 910 4.122 1241 Damn TO 701 7440 FAO 050701E 7110 AMATO/ IIID 6 TAN WON 174E 061140E KERRY (101 1E TONIN 1110 M 16110074E OPER Or 59040/ 71 WE MY OF 7725774 701 760 ROW Alp ROW *71RY 7/110122 LOIS A 7705 0 MUSK K KNOW =KOK 0 AMC IOC 120015 201 PURE 17127705 1051101 11774 M 2014? pF MVO= Alp MESS FOR 00540? Alp ORME MOUES 0101 LOT A PROM/ 1 (2245922 E ,YID 40117 amour 701 41 NAW PURE U12m 3447E6 AS 74054 /1104 EAIM /000 7100117TIE 21MOT KWIC U7V11, WORM 01 COT 20 MOOT 31 AS 9011 /ORO( E 7089r 21/19 70 0000E 70 11E 077474207 RYON 2741017? A3905105 A 0(05*4 7077017: 3147 10777 CO2512101. A Id 2001 121 13057 0101 A MOON OF LOIS 1-21 AAM AS 0504 9577' /07 907E 2611773/ AO (MO93 ' 221005 ARM= E awns 10017E 777106 RENO OF 005 06 .YON 3AWR 107 9111 ONO TD 11E NML TE EWERS 04 4.0111 1 7505 22 040 116 1077514 manna 716 roars 7770 3720 MEW REE EL IME /O 130475 21 KOK OW? DE 054511 0.040/7 0 77704. 3'/ 074774E OF *01017 OR RWM 1144' 503115 N M 50072111 DOOM OWL 1022741E T6 00I27121 AS A TE 7411 3043' E 74156111 RAN LOTS A MOWN 0 KOOK 709704 AS 'PREF 9150' 201 70717E IRE 107 NE 47E /DEPT (X 01250415 OR 92.'0406 MO LOT 6146 11057147057 E AI.A 1/1501 IOW 741 135405 OUR 9aEFSR36 OUR 7755114 MO LOT 2516 37121 776 70404.'7, 4015 114 AO 778 DOM. 7504 9505 TOR 1100(705 0470600E 444/47/705 MO 7531757457173 72104MOWS 05 /12101 05 E ALSO 705? ROW 111 SO' /31017 1211440 /CCM AO 0111714E MOOR 90521 M LOT 20 MO 1572205 TL 97E40011' 0141715$ OP 9.2201012 ON 7754245 AO LOT MOM WON 116 11110E NE 05 27NWlY onaswo 10' 6 054700 AS M 0(42047 MO 75.E 720150 TO 0.1100 2771021. ARRA 0NR7 (7/0174'7'[ A ROW 050Y 0 TE 3217 OF 047051. /IS 977:0906 MD ASS1046. A 305147 MOOT AO 72747 6 701 W 00111107. 7442104 02405 12 12124120, ROOT[ AAD ROME: OPIUM &SPEC% .0340. 2411013 AND 14304E ±SOC 417E 05/0 RC7TYID 4115 /30/745 AU AS 9001 M 176 1447 WNW 1101 94310404 AIO 55721 0104 Rw7FR Ap 10214 MITI 0450170 7EE06 105101 8774 11E PEN Or Aa7A 70 NO NM 540 (4057 FOR 77E 77705 a 277145E DE RENS 013721 N 310 0.410IT. 030 5177176 701 ROW 117 (RE 7E 06DEN1 ASD/ 7101EED DMT 005 2441 NOT 0761//10 OR ERECT 121122402 22121? 41416 411125? 111223 AK 0007 500.71505 LR 0505711 0 RMT 01 OEM 71143 M 97765 CR 0145 /K 51/7405 2105 M 16073 NR077-0w® 112111120 14,1117/1 101 05 251104 23417 OF 261007. Ihrlrwrh TWAR5I2 r E; LLC a 02RT*o1A1 Liman; UWE* Cassysra, IK YM OW1b Wale% LLC EN 04701 JEFFREY M NICK NS 7200011 VOLS 7.4507 OAK A 704704 77550'44745/ 40107014' LAW Of= OF PR5T REDOKED 4652202 214 200 AS 0554070 AOS 2012-020401. 2111-0600 5012-013331, 2012-0506577 MD 2112-0414014 *3 2705 RECO= Or 104 05 0474. PONT 111E PIM IDL PEA NINE MN? 771 N IHr CITY OF 1EalEGUTA, COUNT OF RNERSVE SLUE OF CALIFORAIL4 CT NO. 29661 BEING A SUEIDATSION OF LOT 7 OF 7R4CT NO. 29353-1, AS SNOW BY ANP ON ALE Al BOOK 334 OF AMPS PAGES 21 THROUGH 24, MICLUSN& RECORDS OF R?VERSA7E COWNIY, CAUFVIRNLA OCTOBER 2002 TAX ooruoroors ear7W 4II 171001 ROTA TWIT FOAM° TO 701 211216 OF T6 COME AS E 176 MTC PER AR 27 (016 7772567 TIL 70157 90121 M M WOK MIP /OR I6470 37475 731711 M (DON TAGS 01 9EPEC A30:316473 m(RYG! AS DECO ?MCS 67 SNOW A AS (*03 NU ME NON A (1N OLT ME NOT 040 704 200 C0MTE 2.4, 4110771 7 arrow TAX /OND CERTIFICATE 11001 WOW 1121 11 600 N M AM OF 2 - MS WEN D 730 AO 7104 MIN TE 044E 0 97GR®6 01101 =MY 0 420604 027054, 07071000 405 DE 7174047OF AL 5210 E1/7Y 210051, OR 10771. AAO AIL 21044 45673 14X15 004(Q60 AS MRN AT DE 121 OF RTO OF PM 444* WIN 77E 4521771ELY1 M .421 A LEI 510 //NOW% AIT 251 117 7212104 Alp SIO 700 76 ®I 071(77712007 7 SAO ONO OF 9707461742 4702 7491 01 94EIY 00 RR 71R COME 22 4 1450OR 7 74017757 Ac54OWLEDOO T 0107 3a1r 0 02754 011747 O? # ON T4 2002 MC 115192.1427 ARWOOD . WV APOWD 70 NE ON Wit 0 TE MSS Cr 0ROrAOAN7 moos 10 CE TL 70W4(Y2 0061 MY[7*) 40/AE ACO Ile WNN 947770054705 AOOAUDfm 70 E 7747 44.734170Y 210747M M suss N Myo/007 AV176R04 cardamon), MO TMT Sr /4/)0(102 59404113) OV WE 471/074/ TE 70547(504 at NE 017717 05 117! O wee DE 0511) 43/217 0421014721 TIE 31770000. 1 CORRY LOOW 2141777 OF AMMO' 46111 NE MI6 0 DE 3716 0' 07.046411 DMT 7E 20134(40 14220121 5 DYE AO 0252. MKSw05 SOMTU E 667447 RAE N MO RP AP SOF PWT ME w 0726504 311E w 1726501 FAH@ VI MACAW IAT 02023762 457717' NOTARY ACOOWLIDOMENT ROE OF 015574 70 (1 ss 1(0 A b E FTYGOIKLY MO RON 011 0 IL 21 NL OM PE MOS OF 5)0'431217 774005 A E 1E 70501(5) 0705 1412 0) 1/7077 5411:107/103 10 7770 11117 301RI4E 7705 ICANCI 05 70 21 7757 /1/ (042*? 0774001 THE 144E N 144407/00 44/7105 0114077(3 1. MO MV 21 I /7701 54441/05) OV 11118770057 NE 70000). 01 >E 25717 05 314447 M 0401 101 100045) 773705 05721 05 3077057. 1 07797 40LR 1EM477 OF 70431' LOW 75704.05 a' 7E 5277 04 MUOOM 77/47 NE 7010116 PNVOM01/ 6 TME NO COVE= -Ices w HOD 3OMTU E NOMM ROC N 0505 SMO 124 7117? NEE Y7 0OMS= 321E - - w 536044 ONES w 512751 RAZ 04107656M ram? CRY aaaK'S STATE11? 2437 1 21 s APES NEIWR0ER S STATEMENT FUN 770 MY O1 2073. 47 01 N 310K _21 IMPS AT PANE . AT THE 11DUEST Or T770 CRY CLUE OF TIE Mrs' 7010504177 rex t057 2. NOVA. *5315501. COUNTY CLOW NO 70EO5OT 0407 054544 007717415. 201(777 334104111 1711E COMPANY MOF COLO CL O WE 071 or 773101430417E E 277054,705 O1r CEOC 9621 11. 40254 220 /05r 405 721 17467 MN NM M. NOT 217757 1104 0701 OF 05704 RN 77404 ROW 72049 ORE (OR A' 77200/ 7 27704017 E 71407 AOLDTI TE OFFERS OT OIIORIO4 OF OE 05055 701 NOM MIRES 700710 1112 M RLN1 Y MOW MO NW= ION 0017177 AO SRAM KNELLS 035 MOR A' 710043/ S' 154074E E WOO 1304 057 701 4.5 7037 747 U70171347019115 Al 0 1413479. 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S'URYETOR'S STATOOST /O1 MQ' AMER OF 010102 PO MOP 26 005704 7 E 01 27705 N 0005704 20 6 0411 (ICN A I40D 91114EY N 45901227E 6774 1/01 25.050.1 'S OF 7E 54641504 MP ACT AO =AL CRAM 5 Al 101 2[0(.051 0 4314 21400507219/44/770* I 1007' 524 77447 Aft 7/ss 804.4!X73 ASCO 101 armors. NO 0570? TE 7197136 11434115 M nor 7761 *4 E 2Y? N N AKORONRY 374 IME 1006 OF 1E 7OANOR 25205147 !OR 07 MV MO 7174 WE 272IIX15 A/C 01 EL E surreys 10 011E 7* 0 E IIQA 7ICOMO NIT 773 IMM( 743 9011?75 r 507 70 NE 026 10 07570044(.7 AIRATID meaner awe. 114 34SS a TR.E 740 OMAEIELr AS SNOW( *405 047 P. AMEN 1.5. 820 5131121 17410 4/20/14 1 /10227 5217 IMT 4,E 0042055 20011130 CPI 116 M47 10 WE /AVM 70014 MT11 267501 ARE 1412ra0505770 AO TE 061110 COMMIS W 770 7057717701 774010 7 /R Our 251512512 112E MIL 105 3' Y. 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VIARIZIfigLalirelM N THE COY OF 7 1ECULA, COUVIY CF MWERSVE STA7E OF CILFOI NIA VT NO. 29661 BEING A SUBONSiON OF LOT 7 OF 7RACT NO. 29353-1, AS SHOWN BY ANP ON FILE N BOOK 334 OF ANDS, PAGES 21 THROUGH 24, INCLUSIVE RECORDS OF RIVERSIDE COUNTY, OVIFORM 5/ a inarair_castma TRACT N0. 15619-1 M.8. 221/63-74 507 19 fAASACORPORATED TERRITORY OF RIVERSIDE '= v v�QQQQGC�Q PAPIZ GG11��G0oC UR w a;_ % o , ne d �o QGq�� ♦4„� g�ggae9GD�Qn GGGGGGGo -._. 0 �2. GC►� �GGDpr ��Q 79 ,• DNP( (.S on, TAM_ 8144: No PM • 1(1 OF la.. re/Par 17118 DC. 101 PAL 7/44 811110868 500 CCM 06 M .00871487 a�48 98$$ QF BEARINGS 1 N (157 • 24920' P a©t ao ao .. *. 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I6DO5 06 811060 COUNTY 04/01048 S A4 4/E11 OF arrow* 704 AUX Rola 591EE1 /76808.1/6 791!17 *INOSES 70 118 ON Lr 7860(4 AS SNOW AN 76778108 1812148 748007 4 4804 AS/61714687 l6. 261-0047.174. 8170,4 RECD 106 OF 87048[ =SIT 01104/1 WRMO7S COPOIXTS 0678;16148 CMROS 8 5419 0 /15 MO 0001 HITTER 8 AV 767_4087 A(03(0£0 PIT 75 5003 40 1671174087 Ma 4747-.22761, 07214 .707 *80a07 COMM 01.80•201. 61040405 6001616 AM 8577847106 N AM 4411(4047 IICL0WLD J2 1(77 54 401 AS 107798/7 76 460-00/4.44 077701 760495 018765 849471. auallt ® MUMS 0840747709084420/600660.771072846060 70158 70 048E6.1 74.870811 WIR 041481 I�RY IIA e 60 0 60 120 167 Scale 1" = 50' CURVE ABLE AMON 6 - Gr rtr2:5" .taim 101 r'n' -x 17l 411.9 41r1Yw' Off 11 4155 Abld 43.30 a atm xv 141.9 .na C10 rey"1c' 411.9 100 C1f tkf tole H' }7315. Iib Jd 1 1QOr]r 1010 Sv 11914} URF rn stow t ram LIE ME r• --:.:r -<-.-amu :,•--:, tiMGTeu•LitifGT7� `, RaOEc.., INI 26 AN RE CRY OF 7Ei/ELY,CA. ° NWY OF RIVERSIDE STATE OF CALIFDRNI4 TRACT NO. 29661 BEING A SUBpMSION OF LOT 7 OF TRACT NO. 293153-1, AS SHOWN BY INP ON FILE IV BOOK 334 OF ANP'' PAGES 21 THROUGH 24, MILYU^SIM RECORDS OF RIVERSIDE COUNTY C 4L1FORNi4. OCRJBER 2002 0127 .7 0, 5 9 SEE SHEET NO. 2 FOR BOUNDARY CONTROL, SURVEYORS MOTET, BASS OF EE•i1RIVGS AMO EASENAT NO7E£ 101 �! �� �'4 , _` lj r``` Mos - R 25 ; 8. 24 TRACT NO. 29661-4 23 M.B. 335/ 14-17 22 i 1 21 ; i 1 20 j I 19 ' V. PIAL SEE SHEET 5 (50 60 0 60 120 I0 Scale 1" = 60' PAW MERE WIMP 6n ,1251• rats Ziff 113 20.11• .... .tis t,1 ava'1• 11.10 .4. 11 111 co n ev. .... ,ty c'1 fr,' 10.0 190 cu orate ,aX ,w 00 Irtt3I• ,OVA 1.7s 01 til rrlt'r1 %UM aM 4146'15 10032 }1S 1sT rr1/}1,' �rgW }air/��I��r '.s r' e1.10 aot CH CII 13'1,15 BLV ;ff 2no72• a120 ata C7.7 rr0},' aiX xM Cal 13500.' IO1-70 0.5 m ar.4.1' ror<12 4g141 cn ads' acs, 21.20 0' CK 'rats' ,120 tl]7 arson' rat= Ins 12 I1sh,' Is.10 27.5 011101• 10120 220 14 IIIdO INt Of R1s 7137 65 "Tote' I,cs .us 2.1 rrtub2` =my =+O Of arm'''. ,155 445 Ct7/S0' 7,5.5 CII C62 272171' '7520 'W or Plr 11 t74 11.12A1 Rn WOW' 2105 NUJ 172 '?SOW' '1520 11.10 47• 6D 47S 671 672 1 07A 2,71 or 0120 aaa ''7120 2241 1 .. q,. 1!2¢975 .'O 12,4,27 .nim sm2,rrs1.. LANE Ma rwe.o u I ms47Y U w '7,X1•21712•X 2312' O WWI" AW THE CITY OF TEYET:ULA. COUNTY OF RVERSDE; STATE LA' CALFORMA TRACT NO. 29661 BEWG A 51l8DVG0N OF LOT 7 OF MET NO. 28.153-1, AS SHOWN BY AMP ON FILE IN BOOK 334 OF AMP., PACES 21 MOOCH 24, INCLUSIM RECORDS OF RIVERSIDE COUNTY, CALIFURNM. MIR c'n OCTOi#R 2002 94I7 ♦ Cr 2 94215 SEE SKEET NO. 2 FUR 90014RY COMM SURVEYDRS NOTE , EASLS OF WRINGS AND EASEYOVT NOTES r +t.r 10 73 SEE SHEET 72 LOT 8 TRACT NO. 29353-1 M.B. 334/21-24 SPACE 0.077 AC. �4V o • o� GO a 60 170 780 Scale 1" = 60' N THE CM' OF 7ElECY.ILA COUNTY OF R1'VERSDE STATE OF C4LfORNN TRACT NO. 29661 BEG A SUAONTS10N OF LOT 7 OF TRACT NO. 29353-1, AS SHOWN BY ANP ON FILE N BOOK 334 OF AAPS, PACES 21 THROUGH 24, NCt.USiV& RECORDS OF RNERSDE COUNTY, GLAD SEE SHEET 3 r� , • OCTOBER 2002 8C 16 1 jor46.1 a r I 13 14 1 15 0100'7 SEE SHEET LOT 8 iRAC1 NO. 29353-1 COMMON OPEN SPACE M. 8. 334/21-24 5542T 5 Of 3 SHEETS SEE SHFFT NO 2 MR 871.N4D4RY CONTROL. SURVEYORS NO1ES, BASIS OF BEARINGS AND FASEiE]VT NOTES LYA94E DIKE Main cn 11134' rax' 37a aryl ar (15,100' .ram at *e'en,' stn CO amts' /34x un 3aa ca =rd.(' 31.5 ae rrn'r.3000 Sun x01 CW Moat' 20110 0131 011:54.1. 170.58 t11 q, 1t71'11' 11130 m t•! 07MYMY .5113 477 Q'7 I' 70-7V ALM 377173 C54 azt'a' M',aro .125 arbitee 710114) 010 75107701 ter,- ALA 45..111 Ca 0,11h3' rtcaco 70 mune 110300 0117 3p.r10�.9q.. M 4133 vu mewb' 13430 ¢ra Mal per 015 CMP '6777" 11,L30 5050 077 0.7173.1" 576x 13.077 cn 5'Z' " troco• K>s LNE DIRE 1=1 EMIR i .7 PITTA Th FTF7� QIc7Miu" '37frr'� [�Lo ui�FSi 1 @1171 a•.CFF'—e�7iF3'•� aauc Item No. 14 Approvals City Attorney ,17Xf— Director of Finance 7 City Manager OtOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 9, 2013 SUBJECT: Tract Map 29661-1 (located on the south side of Murrieta Hot Springs Road west of Butterfield Stage Road) PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: 1. Approve Tract Map 29661-1 in conformance with the Conditions of Approval; 2. Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond and Labor & Materials Bond as security for the Agreement; 3. Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. BACKGROUND: Record title interest: KB Home Coastal, Inc. Tract Map 29661-1 proposes to subdivide an 18.820 gross acres (14.776 net acres) property into 97 single-family residential lots. The property covered by this map is located on the south side of Murrieta Hot Springs Road west of Butterfield Stage Road within the Roripaugh Ranch Specific Plan. Tentative Tract Map No. 29661-1 (PA01-0253) was approved by Temecula City Council on November 26, 2002. The tentative map expiration date runs concurrent with the Development Agreement expiration date, which is November 25, 2013. This is pursuant to Section 17 of a Development Agreement by and between the City of Temecula and the underlying property owner, Ashby USA, LLC. and as clarified in Section 6 of the Sixth Operating Memorandum by and between the City of Temecula and succeeding owners. The improvements associated with the development of this map are required to be constructed. The survey monuments are also required to be set. The property owner/developer is thus obligated to execute the Subdivision Improvement Agreement and the Subdivision Monument Agreement and to post the required securities. The property owner/developer has met the terms of the Conditions of Approval for map recordation and this map is in conformance with the approved tentative parcel map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1. Fees and Securities Report 2. Vicinity Map 3. Reduced Copy of the Map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29661-1 DATE: April 9, 2013 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIALS SECURITY Street and Drainage $ 1,448,000.00 $ 724,000.00 Water $ 237,000.00 $ 118,500.00 Sewer $ 458,000.00 $ 229,000.00 TOTAL $ 2,143,000.00 $ 1,071,500.00 Monumentation $ 7,200.00 - DEVELOPMENT FEES RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Fire Fee $ Paid $ To be paid $ $ 694.00 256.00 TCSD Fee $ 1,206.00 Plan Check Fee $ 9,527.00 Monumentation Inspection Fee $ 360.00 Fees Paid to Date $ 12,043.00 Balance of Fees Due $ 0.00 CROSS ARA NIA A OWNERS STh? ENT TAM ACRES arae OF raps TOE ,17E ACRES RIMER OF LETTB® rare 7 W 71E aTY OF TEIELYLIA. COUNT OF &MO& ME OF I r!ACT I.O. 29661-1 BEING A SLEIDMSION OF CLOT 1 OF TRACT NO. 29355-1A AS SKIN BY IAP ON RLE IN BOOK 354 OF IMP& RIBES 21 THROUGH 24, AwLURIE RECORDS OF RI ER5IOIE L10UNTY, CALIFORNIA. ME HEOBY 5747E RAT ME ARE Its 06407 nr RE IMO INCLUDED 977104 RE 0700400? SOWN HEREON TINT RIE ARE THE ONLY PE77 4470 AROSE COSENT 6 AI7 011rl TO PASA CI767 TITLE 7 SAD 77007 TAIT ME CONSENT 70 DE WOW. AND =ORONO CP RAs S0O]MMCN YAP AS SIONW WPM IRE 667PIC AE MR016 MI6 1/F lEREH/ MEE AN MEICOME OFFER Or 061671 EP 70 RIE CT' OF 1066.194, PMI PG.' ROTO M0 ASID HTKITY PURPOSES L010 A' THROUGH 7• PICUME LAE ALSO HERESY DELICATE 70 PUBLC USE EALSDIENTS FOR 711107 UTEDIE4 TOGETHER WITH 774E Rli117 OF 1010172.10 1107f35 FDR LUOTCDCY AND 50140E I4IKTE5 OYER LOT A" 71470001 "G" 6E1.0SAE 471E ALSO NEWSY LEnr4TE 7077E 07Y OF 7TSELr4A ITC 45 MOOT 711040 Lmurr EMMEN!' STEPS 07 WILT PURPOSES ME ALSO HERESY MACAW 10 774E CTP CP 1Elm41 IRE CO FOOT PLOLIC MIRY E M]ERT ACROSS MT 0 ATO 7770 30• PAT PLEI16 WIRY EASEMENT ACROSS LOT 6 FOR RELIC 67EIIY PURPOSES. YIE 102EHY RETAIN LOTS ' THROUGH b' NGYIIS 70 1704770 AS "MOW SPILL.' FOR MATE USE 07 RE SSPE SENOR OF 010450IES OUR SLC I1 .400FE.1'. 00 LOT OMENS WHIN RAS M67. ME 10:1BY WAIN FOR 041ULES. CLW SUCCESSORS OCW ASSONEE5 A.0 167 MODS 7IMAN MIS 7R1L7 IMP. L073 E 6. 107. AND 702 SWIM AS 'OPER SRAM' FOR SLOPE 6777.017700 AND 0A607YE A4M70NNAE PURPOSES M¢ HEILBY ROAN THE CAI' 10/C7AAR ACCESS AND 0aWWAGE EASEMENT ACROSS LOT 6 AS SNOW *4 7000 FL17 RE SOLE BENEFIT OF OURSELTES OUR SUCCESSORS OUR 45010ES Ano 1S7 06705 KION Tres TR7C7. ME ALAI HOE.HY RET69i 777E 7.0 FOOT LANDSCAPE EASEMENT 0110 LOPS 7. Y 02 THROWN 60. ARY.0 I E 62 AND 63 SATIN AS TRAMIE MMOL EAff1L9H' FOR SLOPE MORON AMID 1ANC6D4PE MARRENANCE PURPOSES. RIR THE SAF BEN= OF 011012.10S OUR SUCCESSORS, A550NEES AND EST 0116.06 REM 710 TRACT. WE ALSO HEREBY PETAH 77E PE7EIST%W 7471E ACCESS EASEMENT OYER LOTS 6, 701, AND 104 Fra 174E STYE BENEFIT OF O.WSELIEE oLW SUCCESSORS 4400 E7 AND LOT O ENS 10161 MN 71117. 11E REAL PROPERTY DESCR&ED BELOW 61Eura7ED AS AN &MEW F00 PUBLIC 1007/071 70 EASTERN WAWA! 141706 DISTRICT ('070067'), A 7(00 MOM' OP RE STATE OF 01IVOm1N ITS SUOOMS016 AND ASSB4$ A PERPETUAL &L0]ESTAM 66IT OF WIT 70 031£761 6, 447067AM, 06606 AFI1O161RIl077 RIDAME AND AETLAC6 060E476 REFECT, REPAIR, OT.NME AND RELOpTE SETTER AND NITER 600707IA ALL AS SNOW O0 7760 MP WORN THE 501170A SICM AND O.9ONA7FD SEWER AND I411ER 111 06' IOWA, 70107111 YAWN DE NWT tF ACCESS 70 AND FROM 5745 EASDANT FOR THE PAePmr OF 110170SMO TRE RIGHTS GRAINED IN SAM MINOR: MAYER RETAINS 17E PONT 70 USE 77E EA5E7017 AREA PROVIDED 71147 0111404 SHAH. NOT CONSTRUCT OR ERECT BLEB66SS. MASONRY MALLS A 470707 FENCES AND 01710 571LO7IaE0 OR 711FRO IFMS 0R RANT OR GROW TREES CW SM UELS CAF CHANGE THE SURFACE MCC OR 6sw1 14411977L7-011MHD PPELME3 INT:WT THE PDR WRIER CONSENT 0i RE OSAd077 KB I 00ASAL A A 6406164 OMPOTAMP4 16044EL H MEBANE JR 511.E PRIMIDOT, LUES Arm FLRMVNm P1AA6NC NOTARY ACKNOWLEDGMENT 5701E G4 MAMMA OOR4TY O 1441616.1441616.10 F PRE= T ?MASER BEI77E lE PE7 SCANLY A4F066D wD PRICED ,a 170 D6 DE RISS a6 S*TIOM7176 MACE TO BE DE P64S01(S) 70710E MIE(S) AARE 0E252,380 TO DE WWI 79079 TT NO A00m4® 70 16 PM 1E/MF/OET 015671 7170 SAYER r10406l/010 40716£201 GA9101Y(ES). ANm RV (Bt. SWIM= (N RE WSMA077 RE PET00W;7. ON DE DOPY 0°LR ANTE OF AKA176 AC= D07Dm ME 661671017. I COMFY LIMES PEIAL7Y O PRAM 7ACER THE (00 CP RE STATE OF 0.111:12,414 TINT RE FOREGCNO PAB10PMH 6 TME AND CZ106FL7. O O£CS b OTO 170771E III CO400 70000 PINT HUE MARY O 17M'KEML PIACE OF 711/5106 BRdkfan CMG! AICA CA SIATIEVEWS 51AiEIENi 6N4 WAS PREPARED By ME OR 7.00 Y7 OREL'71011 NO 6 01SE0 UPON A FMB SURVEY 6Y COMTMI 7711 MRH RHE 0704175 U ME SUS! MW ACT NO IA^A6 ORDINANCES AT THE TEST OF Agar 57710064047 COM61Wr OR 02741 ABB 1 75. MA 1 *EREHY STATE TINT AIL HE WVAETMS ARE LIF THE CMY44C7FR AND OCOA'Y 747E 1®706 0004710 OR VW DEE IOL EE SET W 1710 1691706 M ACCORONK'E MRH THE 1076.40/7 40071407 MR Tis INP Alm THAT THE IIETRPEF75 ARE LAT MRL CAE: 57077 EAT 7o DARE- 7770 SURES D RE RETIAME l ANA T744r 710 F0TML MAP SL85TAN7NLLr 02101:N06 To 775 CONDI ALLY APPA0IED 77000TAE YAP. TIM sow, S TR70 AND COMPLETE AS SNOW CLUE EDY P. A7YISON A760 EAPA74I7007 047E 11/37/V BUT COLLECIVIFS Cli ThIJE 1 NOTFBY COMFY CHIT 41061 AW TO 77E RECORDS CP 7165 am= AS 0P T7B4 0770 1704770.0E NO LEW ASM64571T:E PROPERTY SHOP 4 CW THE YAWN 444' FOR ORM STATE COUNTY. OR LOGY. TOES.. 0R .5700' ASSESSMENTS C116110750 A5 TARES 010'? TAROS OR SPECIAL 4 0SS'IIBVT5 COLLECTED AS 7AYESS MAT ARE NOW A Ltd BUT ARE NOT YET WORSE WW1 ARE E5160160 70 BE LUTED OOH KENT MOWN 702 COLLECTOR Err 0EA%LY AIX WAD CE4►ARnITE 1170477087 CAMPY TAO A 961 SI THE SIN 0P F MS BETE =RIM AAO FRED 617I RE SCARP of ssvn1SL7 OF TOE MARY OF RME7l9IM 0YPTIRN4A CT,9YYO'NED IPPON RE PNY107 0< ALL TAXES. 5747E COWRY,, IN.YLCPAC. OR LOCAL AHO All SPE0ML ASSES L73 COLIEC704 AS TALES 47101 AT THE 10E OP MAW OF 710 LAP MITI! 176 COUNTY REr6ROR AREA LEN AGNAsr SAC PROPERTY EXIT NOT TET PAYALLE AND SAD BONO NAS BEM OULY APP901C0 571740 REAM or S71MMER11 GASH OR SURETY BONO DON 14007 COUNTY LIS COLLECTOR BY. DORM' NOTARY ACIOIOWLEDGMENT SLOE OF YAL9O644 10 OCTOBER 2002 ON_ MORE 170 600441117APPEARED IAA PRDYED TO 170 ON 773 EA SS O. 1A16FAc7Cw 0951611 TO DE OE 6407(77) 1190SE MEM SAW SIS TO 7770 14761 601711A1wr ND 400481/510 10 WE THAT FE/sc/TEY DEWED 774E MME N nl5/ME0/TAW NRIERIZED 0w1an(ESA MM MIT BY 750/770 56LaNE(5) ON 110 6615AEM LE PE17054()), aH 776 MAY UPON MALE OF NCH RE AREA 002710 06 651647.464. 1 CERPY 1114DO1 PMY.TY O PDVA.1Y Ma RE 1.15 OF 1TE SOLE OF CASON 1 DKr RE FORED3146 PAB60NF71 6 INE NO cow.. DIEM N l41.0 W fSYM155706 WEBS 7481 NICE COLARY Cr PLHLE741. PEACE O MEMOS .'VEILS REPORT A 1ROAMARY SOLS 6170177 MMS PRf0Uim BY: LESKYF ND ASS:C811ES MC ON FEBRUARY 20 TCD? AS RE0Y69E0 E'Y 77E 1E06 AM0 SAFETY CLOS OF 70417010077 SECTION IMES CITY ENO ERRS SAUEMETff STEE7 7 OF 5 5717015 BEENZIEILEMEll FILED TIES LW OF 2113 AT AL 14 BOOL OF IMPS. AT PAGE . AT THE REQUEST CF TIE CITY CLERIC CF 1X70 CITY OF TEMESU A FEE LARRY x. IMO ASSESSOR-0DLPLn 107001-OECOROER ED, CERRr WEOhi5O14 OLAYWI1EE: fi ST AIERICAN MIE COMPANY r HEREBY STATE Dar 7145 MW COW: SIM. OF MT (5) = MS 00 FNANNED Br 170 OR MUM 111 SLPEN405 AND FOUND TD BE CRE SUE As 17 APPEARED ON THE 1EYTATNE FAO OF TRACT MO. 24661 AS ASO AAO A/PROIVD BY TIE 07? 07771707377110P00010740 2X13. THE GORRI7MBN 011E BOW 14010RIE4 26. 2110 TINT ALL P/AIISOS OF APPLICABLE STAN 1. N7 7Y RELLAATAI6 HOE AN7 R AET1 CLMRLCD 64774 NT 1 AM S4775fT D Rat MAP 4? 6 7mAMGULY CORR= 047E37 7740 04Y OF 2073 4040 R. MICRO( LE 6240 (AS r0LE0 1770) 077 Of 779.1EYA1 CITY woes swam. FOP 0700 BUTLER CITY 00MEEP THE 07? MACE O' TM CRY 0P TELA STATE Dr G4.1MINA BY HS COY CLERK S7,sw w. ,,BYES 4610 100747 APPROVES RE MCI Nw AND ACCEPTS RE OFEl6 OF 060047041 OF 06 DLS0EH75 FOR RAM MITES 100E7701 IMM 7770 01017 OF Rosa Alm EGRESS MR 010 7154[7 AMD SOMME 7€747Ls OVER 406 r 71451.41 �• 640.1911: 6E Dv 607 Aa167 RE OFFERS OF 0Ea4A1DN FUR PUBLIC REM RWPOSF5 AMY L075 A• 71476.641 b' 10.460010 AE ALSO HEREBY ACCEPT ME 4.5 F007 *0 PUBLIC UTNRY EA5E70/7 AS MOWER AE ALSO !EMMY ACCEPT LTE 60 PLOT PIBE.0 WIRY EASEMENT ACROSS LOT 63 Alm 77E 20' FOOT PUBLIC UTILITY E4RaEH7 ACROSS LOT 6 AS 0E0E470. DOM BP SUSHI W JORLS NMC Off CLOIR 017 6 770E47A/ ETARI, 7EVEOII44 COIRAPDY SCRAMS 176TRCT EASTERN NUIPICIRE INTER VISTRICFS ACCEPTANCEMANSUR' 7 16769Y STATE PAT 77700116001615 DEMOTED ON 714 MTP TO 774E EASTDEN WNW. W RY 06RAC ARE FEREBY ACCEPTED AND ME WINCE COVSEN/S 70 ME RECOROMPON DEMM7 BY 773 two' 4017)+CTZE0 OFFICER. 047E ROSEMPE v NorAND SECRETARY O- 7770 EASTO N .161410A. YRTER DISTRNO CT O RE BOND OF O ECT070DR5 I ESEOF NOTICE OF Emu= BY Deo WEER ID DETER PpiENT OF DYNIAT E FEES NOTE 6 HEREIN OPEN THAT 715 PNCPER77 S LOCATE0 61 17E MUINBTA L 0777 S,Y1T4 CESTRUO5 VALLEY LEY AR OR4RMICE PLAY NNW MS A 7107 1 Y THE BOAR 0 OF 51474!:00 CF i/E OF RLERSOE PURSUANT TD SECIDN 10.25 CP 01776NNl 460 AMO SECTION 6649.1 ET. SETT OF THE 00634 Ld7 CODE AND 54U PROPERTY 6 MEW! 10 FEES RR SAO DRAYAGE MEA N OTICE 6 7.67107 OWN 71447 PURSLANE 70 S2417CN 70.25 OF 07m094 CE 4D, 170 LAND LOVER NAS EE2071D TO DEFER AMEN! OF 7710 C APPOE NEE 70 774E TIME OF ISSUANCE OFA OAILAN0 OR BCRDXD PERMIT FOR SAO LOTS AND 77447 THE ORMET4 OF EACH LOT, AT THE 774E OF ISSU4N7 OF EWER A G77ALAN0 OR OURDWO PERMT. MAIL OF REWIRED 70 HAY ME FEE REQUIRES AT ME ROE W 17761 AT 776 747E OF 6SIANI7E OF 774E AOIUY. FERIM SECTION 20 T. 7 S. R. 2 W. 300 300 600 900 Scale 1" = 300 50. Bus CAP IAM 77.0 02.9.. 1/4 5561017 WAS. 4454 594 111671 PER 515 3! -36 a 45 74/46-50 a 515 r-24 Iris an .4 FUG; FFR 019.7 26210-1 Y11�76 TRACT As 7E AA1OME 71/46-50. 45 CONNED NEED cob ID alfaYiII Y 1PEEN PE? MET 29353-0 I, II 1-1241. NYLS 53a? M TIE an, OF TDAELLLA, COUNTY OF WY= SITE OF OV.FORhp TRACT NO. 29661-1 BANG A SUEDIW ION OF WT 1 OF 1WICT NO. 29353-1, AS SNOW BY AMP ON FILE M SOK 334 OF AMPS, PAGES 21 THROWN ZIL & E RECORDS OF MOWN COUNTY, ON.IFORNIA. (86034 50519528 PER R.5.. 74/467500 1 - ...._....,, RI 505 R: 7/46 1! Y@ Sii/21,7.f: ,,. EN�Rn 11591574, u TRACT NO. 25519-7 Ma 221/63-74 LOT 19 mo'{ OEOOITRW 9415291204 tar SPMLA05 6110 RO! 04 . UNINCORPORATEDI�I ! TmR1701' �2-e II 50 28753-0 NB 31 f. ' .a, err ',1=11V1-ainahli wpm ' 1©'go�oil• y n rl.lay rLi ♦-ice 4-4.-44.111.1/ •(J I f' S!I.L ..A- r_111"1"0711\`' SEM �m see OCTOBER2002 OF RIVERSIDE COLIN7Y 0457 E6' 8748//03 (923587 PFR Ms `5171.07 LBE `7! , I I I (8673% '01115 / wear)) .11,1,;11171711i I•l IRlrl�l�lal d -tr.; � ♦ . 7� 221647' I�111�LJ�1i1� r�rTT�-rTT- r1�- jJ �!^I'I'I'Iw1'S'�w� �II ,,1;‘,471;;;;;;7-;.4--L., iWiwrT «J��1 !ITT LT7 I.�w lalwl w� jwi.l^alal.`J a I j r 771y181, M,4:047.111r� �`�A��± 71Acr NO. 29661 : 5 Jlr--L=- I M.a 354.5/9-13-131 55 13 ` A5 jjj� ��LL I I � Z.111 -4-1-E.4 :] Thy 4. Jnr •.laaa'1511i`.LJ_LiJ_�.iiJ `1J_i1 LJ._ -J ^ `C✓ �_ ,1: .111 l a I 1 L57:1--+� . f I-- In •`mow. T7 22.7=F t sr^ter-J F s--l..-i 7111-57 e�•L IIIII1•Iii •T �� I'i'a'7•ri :1777 Tats... 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SRX 15 5294 Mat 812194211 O 2&63-1. 155 334/21-14 5NIEE, 098685 maw. 7. ( ) 5E4 PE? DIET 761 23225-1, 510221/83-74 AIMS VIRAINSE a f ) maws RELOAD DIET FFR 02 81/19-17, MESE 10588801121E1 588 1121E16. (( )) 4755470 RECORD MO MEASURED 640 ER PMET 110. 20553-1, l@ 334/21-26 012255 OMEN.. 852710. ( j BOWES 48:607 CAP FPA TRACT N7. 20.153-1, M6 Su/27-24 11. !®IES ,C MOOS METE= REV 7104750 5013-r, 12 334/21-24 12 15 . irMEWS SIEVE AS $T' 5855 EST 85 0020065E ITER RE 10MIBYGin5 0875414717 507 RN MAR 16590 MOW ADR. 73 AI5 1013 E TS 980 AS 757' EMU EST 15 hxreaR705 MOR 0441850.' caw 481.0 PM8 zs/34-351 POR, 2 PUB 1/44-46 I r PMf 13049 I PAIS 9)/35 PM 10838 ` I - �- , -1 FMB 5.5/42 s � - / Pit 1/41-46 Pie 26/34-351 �i 1 2 L I 1 r DIS[S Of MUMS 5025105 SOAR 1191201AE as 2D of TE 9801 511E.5 MINN N BEN 2FIN 2 , RIES 6320 W. SIN / AN Ma 1aifow5ar NONE 02127, 2476 04L 815 6 84.1703' 9. EASEMENT ?ICBM A Al WENS. BY 1SRk1tlId&E O.}-. 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SURVEYORS IYOTEA BASIS OF BEARINGS AlD EASE1IUT NOTES. N7,2alt n3f32463+15'! L-775.572 11 1L' 141050438' 63479447 71481E 1107.5/71 40055 41144446E 54056171471 2 VIM WEIDA; L07 LOT 8 TRACT 29353-1 M -B- 334/21-24 COMMON OPEN SPACE r 7.00 7 P17rn r 46737055 OPDI MU gg�� ((4. 43' RUEA, A� 33344/27-24 4437) RA47r5153•E)) 70 4074737 1 71 101.44' 185285711519 10610 37 3.07 13198•37'0318 101.45 35 756320310 C52 ,T7097/ I.242REs DRIVE 'Poway weer 00472104714 PER 7751-77780 /00 2004-0078212 4723 7 OfFKY1f. 57754075507 MJERSEE GPLA'IY ]f I. - .. a g,11194.4 0394 1 a 36 -•&3 � 4yy�N'1b41F .,,7)zv1±7515_1 29 Cry SEE SHEET 4 111.50 12 60 60 120 160 Scale 1" = 60' R3 2' P, my. AAi 8/6O62S-084 7/Raw F26 1.010725112-1 Me ,6 74 MGT Na 25004-1. IR 2;♦272L75i 11 077 8-50, ACCDCW [FSR S 45.916 /4/5715650 FD r LP. WLS. 630 54 PER 7004 *0. 221357-r. .69 1-24. 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SURVEYORS NOTES, MSS OF BE;IARMIGS Allo E4.581ENT NOTE,& FA 06135 PP WIPED 77S li7>. 1/4 570 577. 4454 Al 46101 PFR IB 37 0 25 2/48-50 26 5.B 7-24 (00237024 Io72.6.37)r 34 , l P' 07 5751069.®' 184000.34.13j) 142 752522' 14525 2752 CSI 075737' 10150 11.67 05,572' 10150 512 GSC MSA' 6150 47.45 266 .707732 0.350 4502 C57 305376' 6150 44.21 C53 05'.2'71' 8.150 724 451 01.4220 702.50 3.12 457 75.7350. 1[650 2425 457 73]77.5 14525 2111 054 X757' 126.5 1546 566 067206' 50600 55.70 567 2626757' 30400 4151 r>a .4721)2' 30600 4727 25. 051245' 2]00 5606 070 07'3723' 2.7.50 17.2 071 033172' 825.'0 .8137 572 2725754' 521.5 2447 CJS 4,4212 415 .3145 C74 070'7' 4150 7450 G75 261352' 4350 18.22 078 4494`51' 4.150 3174 577 673334' 4150 .2.54 G90 287306' 126.5 1201 451 1052$' 70152 2622 057 20x77' 1[6.50 4.72 rs41 m' 702.50 8143 584 521645' 30600 1021 465 278506' 27650 1205 046 MOW' 3275.0 11.74 057 44.1470 2450 11122 755. m®2P Q5 4514 C01 30/434' 4250 3285 480 col 5' 13'45'52' 4250 .1100 > CO2 06'5747 278.50 3185 C52 104072' 2765 3262 GY 1251 5 10150 27.22 C15 16156T 126.50 2322 0101 134550' 2765 6642 0702 0703 0125 05106$1' ,0@10738 277006' 184500 181346 14402 34.271 66641 .0626 0745 87701 3026 2616 C10 287927' 3300 1022 5-727 1r7854 8602 1665 0745 062627. 42150 4355 C108 0301 62130 4135 ifirl 111E DEE 126100r1VffiIRW 0SIR6F L13 /44622377 2915• L14 56737564 2212 015 x4272355 '0.30' L18 144247O7'14 2132 078 2,14.42'10 2752 012 213126.3 Ff6J 2152 520 26122'48 22.12 L21 5'4544375. 27.702 022 5714532E 20.37' 223 37245237 27.82 124 5774513? 2457' DEENL A' NO SPATE adkan 01101 AIC6X C4 OCTOBER 2002 WT 8 7R4CT 29353-1 COMMON OPEN AREA M.B. 334/21-24 II 11,ECRY 0FMEOW COUNTY OF MYERSIgI» SOME OF 04LIFLiRAN CT NO. 29661-1 BEND A SUMMON OF LOT 1 OF TRACT NO. 2M3-1. AS SHOWN BY MIP ON FU 110 BOOK 334 OF MAPS. PLACES 21 THROUGH 24, 1lCLUSPIE; Rei OF IBYERSEE WI1YI1; CALF MA adkan ENGMN=INEERS SHEET a OP a SWOT XTO ER 2002 SEF SHEET Kt 2 FOR BOUNDARY CONTROL. SUMIOMO NO E& HOS OF asvancs AAO EASt1ENT AgTES, DETAIL OF EASEMENT TO 95IE1111 IIHNICPAC 11141/9R DISTRICT w 1911111111111111 W w A-134.5 J RzS0000' L-72.015' GRAPHIC SCALE (FELT ) 1 ,00h _ 100 R TEMECULA COMMUNITY SERVICES DISTRICT Item No. 15 ACTION MINUTES of March 26, 2013 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 8:20 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS • Stephen Eldred CSD CONSENT CALENDAR 10 Action Minutes — Approved staff recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the action minutes of March 12, 2013. 11 Agreement with San Dieguito Printers for Printing Services — Approved staff recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: Approve an Agreement with San Dieguito Printers for the printing services necessary to produce nine issues of the Guide to Leisure Activities over a three-year period with two one-year options for renewal. The cost of printing the brochure annually is as follows: FY12-13 FY13-14 FY14-15 FY15-16 $16,952, plus a contingency of 10% $1,695.20 $52,044, plus a contingency of 10% $5,204.40 $54,247, plus a contingency of 10% $5,424,70 $37,294, plus a contingency of 10% $3,729.40 The total is not to exceed $160,537, plus a contingency of 10% in the amount of $16,053.70 for a possible combined total of $176,590.70. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 032613 1 CSD ADJOURNMENT At 8:40 P.M., the Community Services District was formally adjourned to Tuesday, April 9, 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. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes 032613 1 Item No. 16 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Tamra Irwin, Acting Director of Community Services DATE: April 9, 2013 SUBJECT: Joint -Use Agreement with Temecula Valley Unified School District for use of the Temecula Valley High School Performing Arts Center RECOMMENDATION: Approve a Joint -Use Agreement with the Temecula Valley Unified School District for joint -use of the Temecula Valley High School Performing Arts Center. BACKGROUND: In an effort to provide expanded services and opportunities for the community, the City of Temecula has entered into several Joint -Use Agreements with the Temecula Valley Unified School District (TVUSD). The City of Temecula would now like to enter into a joint -use agreement for the use of the Temecula Valley High School Performing Arts Center for the City's exclusive use from June 10, 2013 through September 1, 2013. This will allow for repairs needed at the Temecula Community Theater in Old Town to be performed without impacting Theater patrons during this time. It will also ensure that Theater productions may continue without interruption during this period of significant construction. Additional days of use are also able to be requested if TCSD would like to use the Performing Arts Center, when not being used by TVUSD, at a cost of $30 per hour of use. The TCSD operations and maintenance responsibilities will include: locking and unlocking restrooms, cleaning restrooms and the facility, as well as, paying for utility costs associated with our use which is estimated at $16,140. The TVUSD will provide access to the Performing Arts Center and parking lots and keys to the Performing Arts Center. FISCAL IMPACT: Operations and Maintenance funds will be budgeted in the Fiscal Year 2013-14 Operating Budget in the amount of $16,140 for utility costs associated with the City's exclusive use period. Adequate funds are available in the current year budget for cost incurred prior to July 1, 2013. ATTACHMENTS: Agreement AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF THE TEMECULA VALLEY HIGH SCHOOL PERFORMING ARTS CENTER THIS JOINT USE AGREEMENT ("Agreement") is made and entered into as of April 9, 2013 ("Effective Date") by and between the Temecula Community Services District, a community services district for the City of Temecula ("TCSD"), and the Temecula Valley Unified School District, a public school district organized and existing under the laws of the State of California ("District"). TCSD and District may be referred to in this Agreement individually as a "Party," or collectively as the "Parties." This Agreement is entered into with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties. RECITALS A. District is the owner of certain real property located at 31555 Rancho Vista Road in the City of Temecula, California, commonly known as Temecula Valley High School ("Property"). B. A portion of the Property has been developed as space for the performing arts, including a theater, music and dance classrooms and gallery space for student artwork, depicted on Exhibit A, attached hereto and incorporated herein by this reference ("Performing Arts Space"). C. Education Code sections 10900 et seq encourage efficient use of public facilities, including joint use agreements between public school districts and city agencies for the purpose of conducting recreational and educational programs which will benefit the community. D. Education Code section 10910 authorizes the governing body of a school district to grant the use of its building, grounds, or equipment for such community purposes whenever it will not interfere with the school district's use. E. District and TCSD desire to enter into a joint use agreement for use of the Performing Arts Space under the terms of this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 1 AGREEMENT 1. Term of Agreement. The initial term of this Agreement shall begin on April 9, 2013 ("Commencement Date") and expire on December 31, 2013 ("Expiration Date"), unless extended or earlier terminated as provided for in this Agreement. 2. Joint Use Property. The joint use property consists of the theater located in the Performing Arts Area, parking areas as designated on Exhibit A and walkways on the Property for access (collectively, the theater, parking areas and walkways shall be referred to as the "Theater"). 3. Use. a. District hereby grants to TCSD a license to use that portion of the Property defined as the Theater in accordance with the terms and restrictions set forth in this Agreement. b. TCSD shall use the Theater for public theater productions. c. TCSD shall have exclusive use of the Theater from June 10, 2013 through September 1, 2013 from 6:00 a.m. to Midnight (12:00 a.m.), Monday through Sunday. Additional days of use may be granted by mutual agreement of the Parties in writing administratively by the District superintendent or designee and Temecula General Manager. Use of the Theater shall be available to TCSD only when it does not conflict with the operation of Temecula Valley High School ("High School") or High School programs on the Property and only when it would not impair student or staff safety. d. Other than the designated exclusive use period for TCSD, the High School shall have exclusive use of the Theater from 6:00 a.m. to Midnight (12:00 a.m.), Monday through Sunday. e. TCSD shall not allow food, candy, popcorn, drinks, or refreshments of any kind in the Theater without written permission by the District. TCSD shall enforce a rule of no smoking in the Theater and prohibit the use of tobacco products, possession of or use of intoxicating liquors or narcotics, quarreling or fighting, betting, or other forms of gambling. The possession and carrying of firearms and weapons of any kind on District's property is prohibited, except for on -duty police or security offiers. 4. Operations and Maintenance - District. During the term of this Agreement, the District shall, at its sole cost and expense, unless otherwise provided herein, perform the following: a. Provide access to the Theater and designated parking areas for the public during public use hours; and 2 b. Provide keys to the TCSD personnel for Theater facilities and parking lot gates, as necessary, to permit access to those facilities. 5. Operations and Maintenance - TCSD. During the term of this Agreement, the TCSD shall, at its sole cost and expense, perform the following: a. Clean and maintain the Theater at its sole expense. TCSD shall repair, cause to be repaired, or reimburse the District for the cost of repairing damage to the Theater which occurs during the TCSD's use of the Theater, except where such damage is attributable to ordinary wear and tear. b. Be responsible for unlocking and locking the Theater doors at any time of its use. c. Provide ticketing services at no cost for District events at the Theater through the City's Off -Site Ticketing Policy, Ticket Order Form, and Ticket Services Agreement for six events which is attached at Exhibit B. d. Encourage District Visual and Performing Arts (VAPA) students to attend and participate in mentor and shadow programs with training, and Theater volunteers and interns during the City's use of the Theater; and 6. Utilities and Custodial Services. a. During its exclusive use, TCSD shall pay the District for all electric utility costs, negotiated at a lump sum of Sixteen Thousand, One Hundred Forty Dollars ($16,140.00) (June 10th through September 1, 2013), with half payment of electric utility costs payable on July 30th and August 30th, and Thirty Dollar ($30.00) per hour for additional agreed-upon use days; b. TCSD shall pay District One Hundred Forty Dollars ($140.00) per use of the Theater for all custodial services unless TCSD provides its own custodial services. c. TCSD shall clean the restrooms within the Theater after every use or before the next use and shall lock and unlock the restroom doors. 7. Indemnification. a. TCSD agrees to defend, indemnify, protect and hold harmless the District, its governing board, administrators, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the District, its governing board, administrators, employees and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the TCSD's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence or wrongful conduct of the District. 3 b. District agrees to defend, indemnify, protect and hold harmless the TCSD, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the TCSD, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the District's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Properties, excepting only liability arising out of the negligence or wrongful conduct of the TCSD. 8. Insurance. Each Party shall maintain the following programs of insurance coverage: a. General Liability insurance with limits of not less than the following, and naming the other Party as an additional insured: General Aggregate: Personal Injury: Each Occurrence: $2 million $1 million $1 million b. Workers' Compensation and Employers ' Liability insurance providing workers' compensation benefits, as required by the State of California. 9. Defaults and Remedies. a. Subject to extensions of time approved in writing by the non -defaulting Party, failure or delay by either Party to perform any term or provision of this Agreement constitutes a default under this Agreement. A Party claiming a default (claimant) shall give written notice of default to the other Party specifying the complaint. b. The claimant shall not institute proceedings against the other Party nor be entitled to damages if the other Party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non -defaulting Party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties 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. Any failures delays by either Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or 4 proceedings which it may deem necessary to protect, assert or enforce an such rights or remedies. e. If a default is not fully cured by the defaulting Party as provided in this Paragraph, the defaulting Party shall be liable to the other part for any damages caused by such default, and the non -defaulting Party may thereafter (but not before) commence an action for damages against the defaulting Party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting Party as provided in this Paragraph, the non -defaulting Party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event litigation is filed by one Party against the other to enforce its rights under this Agreement, the prevailing Party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. Termination of Agreement. Either Party may terminate this Agreement for any reason upon written notice of ninety (90) days to the other Party. 11. Notice to Parties. Written notices, demands and communications shall be sufficiently given by either by (i) personal service, (ii) delivery by a reputable document delivery service such as, but not limited to, Federal Express, that provides a receipt showing date and time of delivery, (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by Notice, and (iv) facsimile or electronic mail: District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, California 92592 Attention: Assistant Superintendent, Business Support Services Fax: (951) 695-7121 Email: lordway-peck@tvusd.k12.ca.us TCSD: Temecula Community Services District 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: General Manager 12. Emergency Contact Numbers. The Parties shall provide each other after-hours emergency contact phone numbers of appropriate supervisory staff, which shall be periodically updated. 13. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 5 14. Assignment. Neither Party shall assignor transfer this Agreement or any portion thereof without the prior written consent of the other Party, which consent shall not be unreasonably withheld; provided however that TCSD may assign this Agreement to the City of Temecula without consent of the District. 15. Sole and Only Agreement. This Agreement constitutes the sole and only agreement between District and TCSD respecting the joint use of the Theater. Any agreements or representations, either oral or written, respecting any matter discussed in this Agreement not expressly set forth in this Agreement are null and void. 16. Time of Essence. Time is expressly declared to be of the essence in this Agreement. 17. Authority to Execute. Each Party expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. 18. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 19. Laws of California. This Agreement shall be construed and enforced in accordance with the laws of California. 20. Cooperation. The Parties agree to cooperate with each other in carrying out the purposes and objectives of this Agreement. 21. Attorneys' Fees. In the event of a dispute under this Agreement, each Party shall bear its own attorneys ' fees and costs. 22. Nondiscrimination. There shall be no discrimination against any person on account of race, color, religion, sex, marital status, national origin, or ancestry in the performance of obligations under this Agreement. 23. Effective Date. This Agreement must be approved by the governing board of the Temecula Valley Unified School District ("Board") and by the City Council of the City of Temecula ("Council") prior to its effectiveness. [Signatures on following page] 6 Signature Page for Joint Use Agreement IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the Parties. DISTRICT Print Name: Kristi Rutz -Robbins Title: President of Governing Board Attest: 1 Secretary to the Governing Board TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero President Attest; Susan W. Jones, MMC City clerk Approved as to form: Peter M. Thorson City Attorney DB 7 OLD TOWN TEMECULA COMMUNITY THEATER OFF-SITE TICKETING POLICY The Theater offers Off -Site Ticketing to our existing clients and producers. Acceptance is at the discretion of Theater Management and may be determined by the existing Theater performance schedule, staffing, and resources availability. Under all circumstances, no advertising, publicity or ticket sales shall be permitted until a Ticket Service Agreement is fully executed. Off -Site Ticketing Services Users are required to sign the Ticket Services Agreement a minimum of six weeks prior to performance date and complete a Ticket Order Form for all events ticketed through the Theater Ticket Office. Standard Ticket Office Services: • Ticket Office hours are 2:00pm — 6:OOpm Wednesday through Friday, noon — 9pm on Saturday and noon — 5pm on Sunday. In addition, the Ticket Office remains open through intermission for every performance. The toll free number of the Ticket Office is 1.866.OLD TOWN (1.866.653.8696). • The Ticket Office accepts cash, checks, American Express, MasterCard, and Visa credit cards. The User shall reimburse the Theater for all credit card charges. See Schedule of Fees for Off -Site Ticketing for more information. • The "on -sale" for a particularly popular event may require additional personnel to handle the rush whereby the User shall be charged for the additional staff. If the "on -sale" occurs outside the normal operating hours of the Ticket Office, the User will be assessed an additional fee. • Ticket consignment is permitted when a User desires to sell tickets directly to patrons away from the Ticket Office. The percentage of tickets placed on consignment will be agreed upon by the User and Theater Management. See Schedule of Fees for Off -Site Ticketing for more information on applicable charges. • The Ticket Office requires ten business days to process all Ticket Order Forms before tickets can be made available to the public. 1 • Please refer to the Ticket Services Agreement for more details on ticket services and charges. User Responsibilities Promotions and Advertising No signage, posters, flyers or advertisements for any event may be posted in or on the Theater and its environs without the prior approval of Theater Management. The Theater offers the following complimentary services: • Event pamphlets, brochures and flyers supplied by the User to the Theater will be made available to the public at the Ticket Office and posters may be displayed at the Ticket Office. These materials can be delivered to Ticket Office personnel anytime after tickets have gone on sale. • Off-site visual or performing arts events ticketed through the Theater may be included in Theater generated materials designed to publicize the schedule of events in the Theater, including the Theater's monthly email broadcasts and website (www.TemeculaTheater.org). These listings, however, are not a contractual guarantee under the Ticket Services Agreement and may not be possible due to technical difficulties or space and budget limitations. Theater Management shall designate locations on Theater property for the authorized display of promotional materials. The User shall not display any advertising material on Theater property anywhere other than the authorized locations. Unauthorized advertising materials and materials placed in unauthorized locations will be removed at User's expense. The User warrants that all advertising shall be truthful and accurate. Administrative Policy and Procedure The Director of Community Services (or designee) shall create and maintain administrative policy, rules and regulations designed to protect the Theater's facilities and equipment, address the safety of patrons, Users and staff, provide for the ongoing operations of the Theater, and implement the policy. All online ticket sales will be halted on the day of the Off -Site event at a time deemed by Theater management to be compatible with any On -Site events scheduled at the Theater and that can be supported by adequate Ticket Office staff. The User must make prior arrangements with Ticket Office Personnel to pick up all Will Calls to be distributed at the Off -Site venue, a minimum of two -hours prior to performance times. If at any time the Ticket Office needs open out -side of their regular business hours an hourly charge will be assessed. Proceeds from ticket sales made through the Theater Ticket Office, less outstanding fees and expenses for which User is responsible, will be paid out to User within a reasonable period of time following the successful completion of the event, usually fourteen days. 2 Schedule of Fees for Off -Site Ticketing Charged to Ticket Buyers Subscription Fulfillment $2.50/order Window Sales No Charge Mail Order $2.50/order Telephone / Fax Order $2.00/ticket Exchanges $2.00/ticket Group Orders $5 .00/order Charged to User Ticketing Services Fee: Per Performance $0.30/seat ($40 minimum) Ticket Printing $0.25/ticket Debit and Credit Card 3% Refund Fee 5% Returned Consignments *$0.25/ticket **$0.50/ticket * Charged for the first 49 returned consignments per performance ** Charged for 50+ returned consignments per performance or charged against all consignments returned if returned less than 48 hours before the day of the event. Ticket Office Staff* $18/hr * Charged when Ticket Office is opened for an event outside of regular business hours. Seating Capacities The Off -Site Ticketing capacity must be assigned for all performances and will be sold as General Admission. There is no standing -room and maximum seating capacity must never be exceeded. In the event that a custom seating chart is required for an Off -Site Ticketed performance or event, there will be a $100 custom seat map creation fee assessed to the User. The User must provide a Venue Name, Address, Phone, and Description along with the Venue Capacity for all sales. (Off -Site Ticket Sales Policy Updated 10.27.11) 3 s ;. OLD TOWN TEMECULA COMMUNITY THEATER TICKET SERVICES AGREEMENT This Ticket Services Agreement is made and entered into this (date) day of (month), 20_, between the City of Temecula (hereinafter referred to as 'Theater" or "City") with facilities and offices located at 42051 Main Street, Temecula, California 92590, and User: Address: Authorized Ticket Contact: Phone 1: Phone2: Fax: Email: (hereinafter referred to as "User") 1 1. Theater Control of Ticket Sales. The Theater hereby retains the right to control all ticket sales to the below described event through its Ticket Office. The Theater Ticket Office will establish ticketing guidelines and policies at its sole discretion. Event Name: Event Description: Date(s): Venue: The ticketing policies contained herein are hereby agreed to by the parties hereto. 2. Sale of Tickets. The sale of admission tickets shall be managed and controlled by the Theater and all customary fees and costs associated with the sale of such tickets shall be paid by the User. Any name and address information acquired by means of ticket sales through the Theater Ticket Office may be requested by the User, and will remain proprietary to the Theater. All funds derived from the sale of tickets shall be held in the custody of the Theater until the performance or events scheduled have been completed. 3. Refunds. If the User fails to present a program for which tickets of admission have been sold, the Theater shall retain all such funds for the purpose of refunding the admission paid for such tickets and/or settling any claim under the provisions of this Agreement and the User License Agreement. The User shall be responsible for all Ticket Office expenses incurred under such circumstances including, but not limited to, a percentage fee on all refunds issued, credit card fees, labor costs and ticket printing costs. Such expenses will be itemized in a Ticket Office settlement that will be reviewed with the User within 30 days following the cancellation of, or failure to present, a scheduled event. 4. Ticket Order Form. The User is required to submit a Ticket Order Form (attached hereto as Exhibit "A") no less than two (2) weeks prior to the date on which tickets are to go on sale, and in any case, no less than four weeks prior to the event. All information appearing on tickets is subject to Theater approval before tickets may be printed. 5. Additional Fees. Discounts may be added up to one week prior to the event, however, regular ticket prices may not be changed once tickets have been placed on sale. 6. Printing of Tickets. All tickets will be printed through the Theater Ticket Office. The User will be charged a per -ticket fee to cover the expense of ticket stock according to the Schedule of Fees in the Booking and Rental Policy. 7. Consignment Tickets. A. Upon request, the Theater will consign tickets to User for sale directly to patrons through User's organization. Typically, User will receive no more than 80% of any given seating area on consignment. Should the User request more than 80% of the house capacity on consignment, all estimated event expenses must be paid to the Theater in advance. 2 B. The User is advised not to sell or promise seats to an event until the consignment tickets are in User's custody. If specific seats for consignment are not requested on the Ticket Order Form, seat locations will be at the discretion of the Ticket Office (the Ticket Office will use its best efforts to "dress" the house appropriately). Any request to reprint consignment tickets will be subject to the returned consignment fee. C. Consignment tickets are considered sold at same value as currently being sold in the Ticket Office, in regards to the Patron User Fees (see Schedule of Fees in the Booking and Rental Policy). Consignments will be processed and printed with a zero value on the ticket face unless otherwise requested. User is required to provide an accounting to Theater that shows totals of each ticket price sold for purposes of calculating proper Patron User Fees at settlement. D. The User is required to keep a list of patron names and seating locations for all consignment tickets sold for the purpose of accommodating patrons who have lost or misplaced their tickets. A copy of this list must be delivered to the Ticket Office no later than 48 hours prior to the event. E. Customers purchasing tickets sold on consignment may not exchange them at the Theater Ticket Office. F. Unsold consignment tickets must be returned to the Ticket Office no later than 72 hours prior to the event The returned consignment fee will be assessed if 50 or more tickets are returned to the Ticket Office or tickets are returned less than 72 hours prior to the event. Unsold consignment tickets will not be accepted past this deadline and, therefore, will be counted as "sold" at event settlement, and subject to any applicable fees. G. The Theater reserves the right to place further consignment restrictions on first-time Users. 8. Will Call Consignment Orders. Paid -in -full Will Call Consignment Orders must be delivered to the Ticket Office -no -later than 48 hours prior to the event. The Ticket Office cannot accept "COD" or "hold for payment" Will Call orders from the User. 9. Complimentary Tickets. Requests for complimentary tickets must be submitted to the Ticket Office in writing on the Ticket Order Form, or by phone or email, by the User's designated Ticketing Contact. All complimentary ticket order requests shall include the following: a) Recipient's/Organization's full name; b) Reason for the order; c) Number of tickets and location requested; and d) Ticketing Contact (or authorized signer) must sign a Complimentary Form in the Ticket Office by the conclusion of the show(s) for which the complimentary tickets were issued. 10. Start Date for Sale of Tickets. The User is required to name a date (on -sale date) on which the Theater may begin selling single tickets to the general public. The Theater reserves the right to establish an alternate date if the date selected by the User is unsuitable for any reason. If an event is advertised before tickets are to go on -sale (provided that the event's User Agreement has been fully executed), such advertisement must clearly state the date and time when tickets will go on -sale. 3 11. Subscription Sales. The User may conduct subscription sales through its own organization. Should the User choose to have the Ticket Office receive and fill subscription orders, each order will be subject to a per -order fee, as noted in the Schedule of Fees. It is advised that the User build this fee into their order form, in order that it is charged directly to the customer. 12. Refund and Exchange Policy. The Theater has a refund and exchange policy for tickets sold through its Ticket Office. A customer requesting a refund or exchange on consignment tickets will be referred to the User's designated Ticketing Contact. In order to maintain positive public relations in the community, the Theater retains the right to determine when ticket refunds shall be issued. 13. ADA Compliance. The Theater provides designated seats which comply with wheelchair access and/or patrons with special needs. If User has ADA -related special needs for their pre -sale patrons, the User shall relay such information to the Theater during the Consignment ticket order process. Wheelchair and companion seat locations may be found on the Theater's seat map located in the Ticket Order Form packet, or online at www.temeculatheater.org. 14. Hearing Impaired. Upon User's request, the Theater will label a requested number of seats on the seating chart in the ticketing system for the use of hearing impaired individuals. It is User's responsibility to provide signed interpretation when requested within a reasonable amount of time, usually two (2) weeks prior to the performance. 15. House Seats. The Theater will retain eighteen (18) House Seats for each performance to be used for any purpose, including dealing with ticket -related problems. House Seat locations may be found in the Schedule of Held Seats in the Ticket Order Form. 16. Fire Code Compliance. User is hereby advised that all persons entering the Theater, including babes in arms, infants, and children sitting on laps, require a ticket for compliance with the Fire Code. If the User wishes to make discounts or free tickets available for this purpose, such a request must be included on the Ticket Order Form. 17. Proceeds from Ticket Sales. Proceeds from ticket sales made through the Theater Ticket Office, less outstanding fees and expenses for which User is responsible, will be paid out to User within a reasonable period of time following the successful completion of the event, usually fourteen (14) days. 18. Ticket Fees. A. As described in the Schedule of Fees, attached hereto and incorporated as Exhibit "A", a Patron User Fee per ticket will be charged to User at the time of settlement. User shall include this fee in the face value of all tickets. If an event is free to patrons, the flat rate Patron User Fee will apply. B. All other charges and fees associated with Ticket Office operations, including fees charged to ticket buyers and fees charged to User, are listed in the Schedule of Fees. 19. Admission to Ticket Office. Admission to the Ticket Office is restricted to authorized Theater personnel only. 4 20. Ticket Office Hours. The Ticket Office will be open during published hours to conduct ticket sales to the public on the User's behalf. 21. Additional Ticket Office Hours. If User wishes to have a special "on -sale" outside of regular Ticket Office hours, an additional fee, as set forth in the Schedule of Fees, will apply at settlement. 22. Acknowledgement of Charges and Policies. With the execution of this agreement, User acknowledges that User is aware of and will adhere to all charges and policies contained herein. This agreement may not be terminated without the mutual consent of User and the Theater. The Booking and Rental Policy, attached hereto and incorporated as Exhibit "B" of the User License Agreement and the Schedule of Fees (Exhibit "A") contained therein, and the Ticket Order Form, attached hereto and incorporated as Exhibit "A" are binding parts of this agreement. 23. Independent Contractor. The relationship of the parties to this Agreement shall be that of independent contractors and that in no event shall User be considered an officer, agent, servant or employee of the Theater. 24. Governing Law. The parties understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation conceming this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 25. Entire Agreement. This Agreement is the entire agreement and understanding between the parties with respect to the subject matter of this Ticket Services Agreement and this Agreement supersedes any representations, or previous agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Ticket Services Agreement. Any modifications of this Ticket Services Agreement will be effective oniy if it is in writing and signed by the parties hereto. 26. Authority to Execute Agreement. User has expressly authorized the execution of this Ticket Services Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint ventures, insurance carriers, and any others who may claim through it to this Ticket Services Agreement. The person executing this Agreement on behalf of the User warrants and represents to the Theater that this Agreement has been duly approved by the User and that all applicable notices and procedures were complied with and that he is duly authorized by the User to execute this Agreement on behalf of the User and has been duly authorized to do so. 5 In concurrence and witness whereof, the parties hereto have caused this Agreement to be executed the day and year first above written. For: CITY OF TEMECULA, OLD TOWN TEMECULA COMMUNITY THEATER By: For: By: By: Tamra Irwin Acting Community Services Director, City of Temecula Signature Name Title Signature Name Title (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) 6 PM Initials: Date: EXHIBIT "A" TICKET ORDER FORM a User acknowledges receipt of the Ticket Order Form via email from Theater Management, and will not physically be attached to this Agreement. 7 EXHIBIT "B" Old Town Temecula Community Theater Booking and Rental Policy • User acknowledges receipt of the Booking and Rental Policy via email from Theater Management, and will not physically be attached to this Agreement. 8 OLD TOVeN E11iiE titA COMMUNITY THEATER Ticket Order Form Part I — User Information User Name/Organization Primary Ticketing Contact Phone Number Secondary Contact Phone Number Customer Referral Contact for purchase of Phone Number consignment seats or additional information Part H — Event Information (attach an additional sheet if necessary) Venue: Seating: Event Name -Q. .Theater ❑ Mercantile Stage flGeneral L Reserved Admission Event Date Start Time Description: Please provide a brief description of the performance (5 to 8 sentences minimum) Image (for web site): Provide an original size in any of the following formats: .gif .jpg .pdf .tif Please email description and image to: Sheila.Miramontes@citvoftemecula.org 1 Revised 6/2/2011 Part III — Ticket Prices and Discounts Please provide the ticket price for each section of the Theater by Ticket Type. All people entering the performance (including small children and babes in arms) require a ticket for fire code purposes. If you want to admit any Ticket Type at no charge, please indicate "free" in the appropriate space. Remember to include the Patron User Fee in the face value of each Ticket Type. If the event is General Admission, please list the same price for each section of the Theater. THEATER MERC Ticket Tvpe Orchestra Full Price Seniors (list age) Students Military Children Babes in Arms Other Other Restrictions: Parterre Balcony Mercantile (age limits, ID required, etc.) What date would you like tickets to go on sale? (Tickets may go on -sale no earlier than ten business days after this form is completed and returned.) Will this performance have an intermission? ri Yes Q No If yes, length of intermission: Due to the nature of some performances, you may want to provide guidelines to the buying public. Please consider adding one or more suggested statements below to the face of the ticket and to our website. (Please check appropriate boxes) No statement required Due to mature subject matter parental discretion is advised Not suitable for children Show contains adult language (or Other statement 2 Revised 6/2/2011 Part IV - Ticket Face Ill.111111I111I11111111111111III Line One 30 characters max, including spaces and punctuation marks I11111111111L111111111111111111 Line Two 30 characters max, including spaces and punctuation marks 1111111111111IIIIIIIII111111111 Line Three 30 characters tl ax, including spaces l anl l ld p nctatin marks I 1 I 1 II 1 I I ( II I 1 Line Four 30 characters max, including spaces and punctuation marks 1111111111111111111111111111111 Line Five 30 characters max, including spaces and punctuation marks 1111111111111111111111111111111 Line Six 30 characters max, including spaces and punctuation marks 1111111111111111111111III III III Line Seven 30 characters max, including spaces and punctuation marks 1111111111111111111111111111111 Line Eight 30 characters max, including spaces and punctuation marks 3 Revised 6/2/2011 Part V — Schedule of Held Seats Please mark the following seat kills if applicable. You may indicate any other kills in the space below. • Will you use the Forestage or the Pit? Yes No (If yes, 19 scat kills) • Do you want people to sit in the Balcony? (If no, 28 seat kills) • Do you require sound reinforcement or playback? (If yes, 7 seat kills) Yes ❑ No Yes ❑ No Please indicate the section, row and seat number(s) of any other seats to be held from sale. Section Row Seats Reason / Comment HR Box 4 &5 & 6 16 House Seats (per contract)* HL Box 1&2 Orchestra 2 Trouble Seats * House Seats are not available for sale by User. Part VI — Complimentary & Consignment Tickets You are encouraged to take as few tickets on consignment as possible — you can always get more. Any unsold consignment tickets may be assessed a return fee in addition to the ticket printing fee. You may request no more than 80% of the house (minus kills and holds) until all estimated rental expenses are paid in full. Please keep in mind that customers purchasing tickets sold on consignment cannot exchange them through the Theater Ticket Office, and that all persons entering the theater (including small children and babes in arms) require a ticket. Please fill in the section, row and seat numbers requested. If you would like the seats printed as complimentary, please check the box next to the corresponding seats. Consignment tickets will be printed at full price only, unless they are requested as complimentary. You may attach an additional sheet if necessary. What date would you like to pick up consignment tickets? (Tickets will be available no earlier than 10 business days after this form is completed and returned.) 4 Revised 6/2/2011 Section Row Seat Numbers Select type: Complimentary Consignment Part VII — Acknowledgment and Approval By signing below, you are certifying that the information provided is accurate and complete. Average turnaround time for event programming and ticket printing is ten business days. Please submit your completed form to the Ticket Office no later than two weeks prior to your requested consignment pick-up and on -sale date. For: By: By: Name of Show Signature Date Name Title Received and Approved Old Town Temecula Community Theater Date Patron Services Coordinator 5 Revised 6/2/2011 PUBLIC HEARING Item No. 17 Approvals City Attorney Director of Finance City Manager 0/-e-r-- OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: April 9, 2013 SUBJECT: 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 fora 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 February 26, 2013 PREPARED BY: Stuart Fisk, Senior Planner RECOMMENDATION: Continue off calendar. BACKGROUND: The proposed General Plan Amendment, Zoning Text Amendment to revise the text for Planned Development Overlay-11(PDO-11), and Development Plan for Rancho Vista Village (previously Mira Loma Apartments) were reviewed by City Council on November 13, 2012, and on February 26, 2013. Based on the public testimony received at the hearings and input received from City Council, the applicant is reviewing alternative development designs for the project and has requested that the project be continued off calendar. FISCAL IMPACT: None Item No. 18 Approvals City Attorney Director of Finance City Manager M -r oa CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: April 9, 2013 SUBJECT: Long Range Planning Project No. LR12-0013, an Ordinance amending portions of Title 17 of the Temecula Municipal Code to define certain housing -related terms, designate zoning districts for residential care facilities, transitional, supportive, and efficiency unit housing, and establish development standards for efficiency unit housing — Continued from March 12, 2013 PREPARED BY: Luke Watson, Senior Planner RECOMMENDATION: Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO DEFINE CERTAIN HOUSING -RELATED TERMS, DESIGNATE ZONING DISTRICTS FOR RESIDENTIAL CARE FACILITIES, TRANSITIONAL, SUPPORTIVE, AND EFFICIENCY UNIT HOUSING, AND ESTABLISH DEVELOPMENT STANDARDS FOR EFFICIENCY UNIT HOUSING (LONG RANGE PLANNING PROJECT NO. LR12-0013) SUMMARY OF ORDINANCE: The proposed Ordinance amends portions of Title 17 of the Temecula Municipal Code to define certain housing -related terms, designate zoning districts for residential care facilities, transitional, supportive, and efficiency unit housing, and establishes development standards for efficiency unit housing in order to be consistent with State housing law, the Temecula General Plan, the goals and policies of the 2008-2014 Housing Element adopted on July 27, 2010, and all applicable provisions contained therein. BACKGROUND: The City Council adopted the Development Code in 1995. Since its adoption, the City Council periodically amends the Development Code from time to time to improve its clarity, make necessary corrections consistent with State Law, add or simplify regulations, or modify provisions within the Development Code. The City's Development Code is intended to provide the legislative framework enhancing and implementing the goals, policies, plans, principles and standards of the Temecula General Plan. During the last planning period for the Housing Element, the City committed to several amendments to the City of Temecula Zoning Ordinance (Development Code) that are required to comply with State law and satisfy the California Department of Housing and Community Development (HCD), who reviews and certifies the Housing Element. In order to comply with statutory requirements of Senate Bill 2, Senate Bill 520, and the City's adopted 2008-2014 Housing Element, the City must develop appropriate zoning and development standards to encourage the development of a variety of housing types for all income levels. More specifically, the City must designate zoning districts for residential care facilities, transitional, supportive, and efficiency unit housing, establish development standards for efficiency unit, and define certain housing -related terms. These housing types must be treated as residential uses subject only to the same permit processing procedures as other housing in the same zone. Currently, the Temecula Municipal Code does not provide for residential care facilities for seven or more persons, supportive housing, or efficiency unit housing within the City. The City does facilitate the development of transitional housing by permitting such facilities in the Medium (M) and High (H) density residential districts and in all other residential districts with a Conditional Use Permit, but does not permit for transitional housing in commercial zones consistent with emergency shelters, senior housing, and mixed use overlay areas. These housing types provide opportunities for permanent, affordable housing linked to health, mental health, employment, and/or other support services. Efficiency unit housing specifically provide for the development of permanent, affordable housing for small households including people with special needs, youth, students, recent graduates, and single -person households in proximity to transit and services. The City has a legal obligation to address the housing needs of these groups. The City Council, at a regular meeting considered the Ordinance and Negative Declaration on March 12, 2013, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. After public testimony and due consideration, the City Council continued the item to the City Council meeting scheduled for April 9, 2013 in order to allow the City Attorney to analyze and modify the ordinance to address the concerns of the community and City Council. The revised staff report and ordinance reflect Staff's and the City Attorney's effort to address the community and City Council concerns while continuing to comply with the City's obligations under State law. Therefore, the proposed Ordinance will amend portions of the Temecula Development Code pursuant to State housing law as follows: 1. Amend section 17.06.030 (Residential Districts) to add, Supportive Housing, and Efficiency Unit Housing as permitted uses in the Medium (M) and High (H) density residential zoning districts. 2. Amend section 17.06.030 (Residential Districts) to add Supportive Housing as conditionally permitted uses in all other residential zoning districts (HR, RR, VL, L-1, L-2, LM, and HR -SM). 3. Amend section 17.06.30 (Residential Districts) to add Residential Care Facilities (seven or more) as permitted uses in the High (H) density residential zoning districts and as conditionally permitted in all other residential zoning districts (M, HR, RR, VL, L-1, L-2, LM, and HR -SM) 4. Amend section 17.08.030 (Commercial/Office/Industrial Districts) to add Supportive Housing, Efficiency Unit Housing, and Transitional Housing as conditionally permitted uses in the Community Commercial (CC) and Professional Office (PO) zoning districts. 5. Add a new section (17.10.025) for efficiency unit housing development standards designed to ensure the orderly development of, and/or conversion to, efficiency unit housing units. The new development standards include provisions for unit size, kitchen and bathroom facilities, on-site management, parking, and proximity of efficiency unit facilities SROs and other uses. The specific language for the new section is described in Section 7 of the Ordinance. 6. Amend section 17.34.010 to add the following definitions: "Family" means one or more persons living together as a single housekeeping unit in a single dwelling unit. Family also means the persons living together in a licensed residential facility, as that term is defined in California Health & Safety Code Section 1502(a)(1) serving six or fewer persons, excluding the licensee, the members of the licensee's family, and persons employed as facility staff who reside at the facility. "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are a non -transient interactive group, where such persons jointly occupy a single dwelling unit, jointly use common areas, and share household activities and responsibilities (e.g., meals, chores, and expenses). "Efficiency Unit Housing" means any residential building containing five or more individual secure rooms intended or designed to be used, or which are used, rented, or hired out, to be occupied for sleeping purposes by residents as their primary residence. "Transitional Housing" means a residential facility that provides rental housing accommodations and support services for persons and families, but restricts occupancy to no more than 24 months. Support services may include meals, counseling, and other services. "Supportive Housing" means a facility that provides housing with no limit on length of stay, that is occupied by the target population as defined by Section 50675.14 of the California Health and Safety Code, and that is linked to onsite or offsite services that assist tenants in retaining housing, improving their health status, maximizing their ability to live and, when possible, work in the community. "Residential Care Facility (7 or more) means a facility licensed by the California State Department of Social Services that provides housing accommodations and support services for the elderly, persons with special health care needs and the chronically ill. Support services may include meals, counseling and other services. The proposed Ordinance was presented to the Planning Commission on February 20, 2013. The Planning Commission did not request any changes and recommended the City Council adopt the Ordinance. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance No. 13- 2. Planning Commission Resolution No. 13-02 3. Planning Commission February 20, 2013 Staff Report ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO DEFINE CERTAIN HOUSING -RELATED TERMS, DESIGNATE ZONING DISTRICTS FOR RESIDENTIAL CARE FACILITIES, TRANSITIONAL, SUPPORTIVE, AND EFFICIENCY UNIT HOUSING, AND ESTABLISH DEVELOPMENT STANDARDS FOR EFFICIENCY UNIT HOUSING (LONG RANGE PLANNING PROJECT NO. LR12-0013) WHEREAS, the State Legislature has declared that the lack of housing, including providing for a variety of housing types for all income levels and special needs groups, is a critical problem that threatens the economic, environmental, and social quality of life in California; and WHEREAS, Government Code Section 65583 requires that the City's housing element address governmental constraints to the development of housing, including providing for a variety of housing types for all income levels, and that the City facilitate the permitting of transitional housing, supportive housing, and efficiency unit housing; and WHEREAS, it is necessary to amend Title 17 (Zoning) of the Temecula Municipal Code to define certain housing -related terms, designate certain zoning districts as appropriate for residential care facilities, transitional, supportive, and efficiency unit housing, and establish development standards for efficiency unit housing units. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance and the Negative Declaration on February 20, 2013, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 13-02 recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance and Negative Declaration on March 12, 2013, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. After due consideration, the City Council continued the item to the City Council meeting scheduled for April 9, 2013 D. The City Council, at a regular meeting, considered the Ordinance and Negative Declaration on April 9, 2013, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment in Planning Application Number LR12-0013 hereby makes the following findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance designates residential care facilities, transitional, supportive, and efficiency unit housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts. The amendment to Title 17 of the Temecula Municipal Code has been designed to be consistent with State Housing Law, the Temecula Housing Element, and to be internally consistent with the other elements of the Temecula General Plan. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance designating residential care facilities, transitional, supportive, and efficiency unit housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: I. Policy 2.3: Encourage the use of non-traditional housing models, including efficiency unit and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter, and/or transitional housing. 2. Policy 5.2: Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing; and 3. Policy 5.3: Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly, persons with disabilities, large families, single -parent households, and the homeless. -2- C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element, and with the Temecula General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial Study of the potential environmental effects of this Ordinance amending Title 17 of the City's Municipal Code ("Project"). Based upon the findings contained in that Initial Study, Staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. Thereafter, Staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on January 31, 2013 and expired on February 19, 2013. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development at City Hall, located at 41000 Main Street, Temecula, California 92590. B. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the March 12, 2013 public hearing, and based on the whole record before it, finds that (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on the findings set forth in this Section, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 1. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Supportive Housing," and "Efficiency Units" as permitted uses in the Medium (M) and High (H) density residential zoning districts. Section 2. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Residential Care Facilities (seven or more)," as permitted uses in the High (H) density residential zoning districts and as conditionally permitted in all other residential zoning districts (M, HR, RR, VL, L-1, L-2, LM, and HR -SM). Section 3. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Supportive Housing" as conditionally permitted uses in all other residential zoning districts (HR, RR, VL, L-1, L-2, LM, and HR -SM). -3- Section 4. Table 17.08.030 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Supportive Housing," "Efficiency Unit Housing" and "Transitional Housing" as conditionally permitted uses in the Community Commercial (CC) and Professional Office (PO) zoning districts. Section 5. A new Section 17.10.025 is hereby added to Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "17.10.025 Efficiency Unit Housing Development Standards A. Purpose and Intent. When allowed by Sections 17.06.030 and 17.08.030 in the zone applicable to a site, an Efficiency Unit Housing facility at a fixed location is subject to the requirements of this section. It is the purpose of this section to provide opportunities for the development of permanent, affordable housing for small households including people with special needs, youth, students, recent graduates, and single -person households in proximity to transit and services, and to establish standards for these small units. B. Location. Efficiency units shall not be located within three hundred (300) feet of any other efficiency unit housing facility, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot. C. Development Standards. 1. Each unit shall be a minimum of 250 square feet and a maximum of 400 square feet. 2. Each unit shall accommodate a maximum of two persons. 3. Adequate exterior security lighting shall be provided. 4. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units, with at least one washer and one dryer per floor. 5. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the efficiency unit facility. 6. Bathroom. Each unit shall contain full bathroom facilities. A full in - unit bathroom facility shall have a toilet, sink, and bathtub or shower, or bathtub/shower combination. 7. Kitchen. Each unit shall contain a full or partial in -unit kitchen. A full in -unit kitchen facility shall include a sink, a refrigerator, and a stove, range top and/or oven. If a full in -unit kitchen is not provided, a common kitchen shall be provided with at least one full kitchen per floor. -4- 8. Closet. Each unit shall have a separate closet. D. Operating Standards. An efficiency unit facility with 10 or more units shall provide on-site management. Each efficiency unit facility shall have a management plan to assure: 1. The presence of an on-site twenty -four-hour manager or alternative which affords residents the same level of service and security; 2. Short- and long-term physical maintenance of the building and its grounds; 3. That operations, rental procedures and staffing contribute to and promote a high quality of life for residents; 4. The safety and security of residents and their property. E. Parking. Off-street parking for tenants shall be provided based upon a demonstrated need; however, the parking standard shall not require more parking than for other residential or commercial uses within the same zone. Each efficiency unit facility shall provide one space for each efficiency unit, one space for the on-site manager where required, and one space for each additional employee. All parking is required to be off- street and on-site. F. Tenancy. Tenancy of efficiency units shall be limited to 30 or more days, and therefore no less than on a monthly basis. G. Existing Structure. An existing structure may be converted to an efficiency unit facility consistent with the provisions of this Section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards." Section 6. Section 17.34.010 of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following definitions: "Family" means one or more persons living together as a single housekeeping unit in a single dwelling unit. Family also means the persons living together in a licensed residential facility, as that term is defined in California Health & Safety Code Section 1502(a)(1) serving six or fewer persons, excluding the licensee, the members of the licensee's family, and persons employed as facility staff who reside at the facility. "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are a non -transient interactive group, where such persons -5- jointly occupy a single dwelling unit, jointly use common areas, and share household activities and responsibilities (e.g., meals, chores, and expenses). "Efficiency Unit Housing" means any residential building containing five or more individual secure rooms intended or designed to be used, or which are used, rented, or hired out, to be occupied for sleeping purposes by residents as their primary residence. "Transitional Housing" means a residential facility that provides rental housing accommodations and support services for persons and families, but restricts occupancy to no more than 24 months. Support services may include meals, counseling, and other services. "Supportive Housing" means a facility that provides housing with no limit on length of stay, that is occupied by the target population as defined by Section 50675.14 of the California Health and Safety Code, and that is linked to onsite or offsite services that assist tenants in retaining housing, improving their health status, maximizing their ability to live and, when possible, work in the community. "Residential Care Facility (7 or more) means a facility licensed by the California State Department of Social Services that provides housing accommodations and support services for the elderly, persons with special health care needs and the chronically ill. Support services may include meals, counseling and other services. Section 7. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 8. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 9. This Ordinance shall take effect thirty (30) days after passage. -6- 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 9th day of April, 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 , 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: -7- Susan W. Jones, MMC City Clerk PC RESOLUTION NO. 13-02 A RESOLUTION OP THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO DEFINE CERTAIN HOUSING -RELATED TERMS, DESIGNATE ZONING DISTRICTS FOR RESIDENTIAL CARE FACILITIES, TRANSITIONAL, SUPPORTIVE, AND SINGLE -ROOM OCCUPANCY HOUSING, AND ESTABLISH DEVELOPMENT STANDARDS FOR SINGLE -ROOM OCCUPANCY HOUSING" (LONG RANGE PLANNING PROJECT NO. LR12-0013) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 20, 2013 the Planning Commission identified a need to amend Title 17 of the Temecula Municipal Code to define certain housing -related terms, si nate zoningdistricts for residential care facilities, transitional, supportive, and deg single -room occupancy housing, and establish development standards for single -room occupancy housing(Long Range Planning Project No. LR12-0013). p Y including, B. The Ordinance processedwas but not limited to a public notice, in the time and manner prescribed by State and local law. Planning Commission, at a regular meeting, considered the C. The P g Ordinance and environmental review on February 20, 2013, at a duly noticed public hearing as prescribed bylaw, 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. pp Y D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved d Long Range Y Planning Project No. LR12-0013 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. g Section 2. Further Findings. The Planning Commission, in recommending approval of the Ordinance hereby finds, determines and declares that: A. The use is allowed in the land use designation in which the use is located, asshown on the land use map, or is described in the text of the General Plan; proposed Ordinance designates residential care. facilities, transitional, The g supportive, and single -room occupancy housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts. The amendment to Title 17 of the Temecula Municipal Code has been designed to be consistent with State Housing Law, the Temecula Housing Element, and to be internally consistent with the other elements of the Temecula General Plan. B. Theproposed osed use is in conformance with the goals, policies, programs p and guidelines of elements of the General Plan; Thero osed Ordinance designating residential care facilities, transitional, p p supportive, and single -room occupancy housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts has been appropriate reviewed byall a ro riate departments to ensure it is in conformance with the goals,policies, programs and guidelines of elements p ,p of the General Plan. g The Ordinance implements the following goals and policies contained in the City's Housing Element: Policy2.3: Encourage the use of non-traditional housing models, including 1. g single -room occupancy structures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter, and/or transitional housing. 2. Policy5.2: Support efforts to ensure that all income segments of the pp community have unrestricted access to appropriate housing; and 3. Policy 5.3: Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly, persons with disabilities, large families, single -parent households, and the homeless. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinanceg has been designed to be consistent with State Housing Law, the Temecula HousingElement, and with the Temecula General Plan and all applicable provisions contained therein. g Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Ordinance: A. Pursuant to California Environmental Quality Act ("CEQA), City staff ' ' of the potential environmental effects of the approval of the prepared an Initial Study ,.„ ed in the Initial Study Project ). Based upon the findings Ordnance, as descr�b City staff determined that there was no substantial evidence that contained in that study, Ci y the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on January 31, 2013, and expired on February 19, 2013. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 41000 Main Street, Temecula, California 92590. C. No written comment(s) 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 Negative Declaration and all comments received regarding the Negative Declaration prior to and at the February 20, 2013, public hearing, and based on the whole record before it finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission herebyadoptsNegative the Ne ative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2013. ATTEST: Patrick Richardson, Secretary ISEALI John Telesio, Chairman STATE OF CALIFORNIA ) COUNTY CO RIVERSIDE )ss CITY OF TEMECULA ) 1, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13-02 was duly and regularly adopted bythe Planning Commission of the City of Temecula at a regular meeting p thereof held on the 20th day of February, 2013, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None ABSTAIN: 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: February 20, 2012 PREPARED BY: Dana Weaver, Case Planner PROJECT Long Range Planning Project No. LR12-0013, an Ordinance of the SUMMARY: City Council of the City of Temecula amending Title 17 of the Temecula Municipal Code RECOMMENDATION: That the Planning Commission recommends that the City Council adopt an Ordinance amending portions of Title 17 of the Temecula Municipal Code to define certain housing -related terms, designate zoning districts for residential care facilities, transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing CEQA: Negative Declaration BACKGROUND SUMMARY The City Council adopted the Development Code in 1995. Since its adoption, the City Council periodically amends the Development Code from time to time to improve its clarity, make necessary corrections consistent with State Law, add or simplify regulations, or modify provisions within the Development Code. The City's Development Code is intended to provide the legislative framework enhancing and implementing the goals, policies, plans, principles and standards of the Temecula General Plan. The following proposed amendments are consistent with the General Plan, the 2008-2014 Housing Element Update adopted on July 27, 2010, and all applicable provisions contained therein. ANALYSIS During the last planning period for the Housing Element, staff identified several amendments to the City of Temecula Zoning Ordinance (Development Code) that are required to comply with State law and satisfy the California Department of Housing and Community Development (HCD), who reviews and certifies the Housing Element. Accordingly, several programs were adopted within the Housing Element that committed the City to processing the appropriate amendments. These programs include amendments to designate zoning districts for residential care facilities, transitional, supportive, and single -room occupancy (SRO) housing, establish development standards for single -room occupancy housing, and define certain housing -related terms. An overview of the proposed changes to the Temecula Development Code to bring the Code into compliance with State housing law is provided below: Residential Care Facilities Housing element law specifies that jurisdictions must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of a variety of housing types. Pursuant to SB 520 and the City's adopted 2008- 2014 Housing Element, the City is required to ensure residential care facilities (serving seven or more) are permitted no differently than other by -right housing uses. The proposed Ordinance therefore amends Section 17.06.030 to add residential care facilities serving seven or more persons as a permitted use in the Medium (M) and High (H) density residential zoning districts, and as a conditionally permitted use in all other residential zoning districts (HR, RR, VL, L-1, L- 2, LM, and HR -SM). Transitional and Supportive Housing Pursuant to SB 2, local jurisdictions must remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code Section 65584, and from meeting the need for transitional and supportive housing. Specifically, housing element law states that these housing types must be treated as residential uses subject only to the same permit processing procedures as other housing in the same zone. Currently, the City facilitates the development of transitional housing by permitting such facilities in the Medium (M) and High (H) density residential districts by right without a conditional use permit or other discretionary action. This residential housing type is also permitted in all other residential districts with a Conditional Use Permit. In order to comply with statutory requirements of SB 2, and the City's adopted 2008-2014 Housing Element, the proposed Ordinance amends Section Section 17.08.030 to add transitional housing as conditionally permitted in the Community Commercial (CC) and Professional Office (PO) zoning districts subject only to the same permit processing procedures as other housing in those same zones. Currently, the Temecula Municipal Code does not provide for supportive housing within the City. Supportive housing is defined as permanent, affordable housing linked to health, mental health, employment, and/or other support services. The City has a legal obligation to address the housing needs of these groups. In order to comply with statutory requirements of SB 2 and the City's adopted 2008-2014 Housing Element, the proposed Ordinance amends Section 17.06.030 to add supportive housing as a permitted uses in the Medium (M) and High (H) density residential zoning districts, and as a conditionally permitted use in all other residential zoning districts (HR, RR, VL, L-1, L-2, LM, and HR -SM). Additionally, the proposed Ordinance amends Section 17.08.030 to add supportive housing as conditionally permitted in the Community Commercial (CC) and Professional Office (PO) zoning districts. Single -Room Occupancy (SRO) Housing In 2007, HCD issued a memorandum clarifying SB 2 zoning requirements for housing. Statutes of 2007 SB2 strengthened State housing element law to ensure local jurisdictions encourage and facilitate the development of a variety of housing types with units affordable to all segments of the population including single -room occupancy (SRO) housing. Currently, the Temecula Municipal Code does not provide for SRO housing within the City. In order to comply with statutory requirements of SB 2 and address State law concerning SROs, the City proposes to allow for SRO facilities to operate as a permitted use in two residential zones and may allow it as a conditionally permitted use in other zoning districts subject to similar development and management standards that apply to residential uses within the same zoning district. Therefore, the proposed Ordinance amends Section 17.06.030 to add single -room occupancy housing as a permitted use in the Medium (M) and High (H) density residential zoning districts, and amends Section 17.08.030 to add single -room occupancy housing as conditionally permitted in the Community Commercial (CC) and Professional Office (PO) zoning districts. 2 Additionally, the proposed Ordinance would add a new section for single -room occupancy development standards designed to ensure the orderly development of, and/or conversion to, single -room occupancy housing units. The new development standards include provisions for unit size, kitchen and bathroom facilities, on-site management, parking, and proximity to other SROs. The proposed language for a new section is provided below: Section 17.10.025 Single -Room Occupancy Housing Development Standards A. Purpose and Intent. When allowed by Sections 17.06.030 and 17.08.030 in the zone applicable to a site, a Single -Room Occupancy (SRO) Housing facility at a fixed location is subject to the requirements of this section. It is the purpose of this section to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units. B. Location. Single -room occupancy housing units shall not be located within three hundred (300) feet of any other single -room occupancy housing facility, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot. C. Development Standards. Each unit shall be a minimum of 150 square feet and a maximum of 400 square feet. Each unit shall accommodate a maximum of two persons. Adequate exterior security lighting shall be provided. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units, with at least one washer and one dryer per floor. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility. Bathroom. Each unit shall contain full bathroom facilities. A full in -unit bathroom facility shall have a toilet, sink, and bathtub or shower, or bathtub/shower combination. Kitchen. Each unit shall contain a full or partial in -unit kitchen. A full in -unit kitchen facility shall include a sink, a refrigerator, and a stove, range top and/or oven. If a full in - unit kitchen is not provided, a common kitchen shall be provided with at least one full kitchen per floor. Closet. Each unit shall have a separate closet. D. Operating Standards. 3 An SRO facility with 10 or more units shall provide on-site management. Each SRO facility shall have a management plan to assure: 1. The presence of an on-site twenty -four-hour manager or alternative which affords residents the same level of service and security; 2. Short- and long-term physical maintenance of the building and its grounds; 3. That operations, rental procedures and staffing contribute to and promote a high quality of life for residents; 4. The safety and security of residents and their property. E. Parking. Off-street parking for tenants shall be provided based upon a demonstrated need; however, the parking standard shall not require more parking than for other residential or commercial uses within the same zone. Each SRO facility shall provide one space for each SRO unit, one space for the on-site manager where required, and one space for each additional employee. All parking is required to be off-street and on-site. E. Tenancy. Tenancy of SRO units shall be limited to 30 or more days, and therefore no less than on a monthly basis. G. Existing Structure. An existing structure may be converted to an SRO facility consistent with the provisions of this Section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards. Housing -Related Terms In order to comply with housing element law and all statues of SB 2, the City is also required to define certain housing -related terms in Section 17.34.010 of Development Code. Therefore, the proposed Ordinance amends Section 17.34.010 to add the following definitions: "Family" means one or more persons living together as a single housekeeping unit in a single dwelling unit. Family also means the persons living together in a licensed residential facility, as that term is defined in California Health & Safety Code Section 1502(a)(1) serving six or fewer persons, excluding the licensee, the members of the licensee's family, and persons employed as facility staff who reside at the facility. "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are a non -transient interactive group, where such persons jointly occupy a single dwelling unit, jointly use common areas, and share household activities and responsibilities (e.g., meals, chores, and expenses). 4 "Single -Room Occupancy (SRO) Housing" means any residential building containing five or more individual secure rooms intended or designed to be used, or which are used, rented, or hired out, to be occupied for sleeping purposes by residents as their primary residence. Transitional Housing" means a residential facility that provides rental housing accommodations and support services for persons and families, but restricts occupancy to no more than 24 months. Support services may include meals, counseling, and other services. "Supportive Housing" means a facility that provides housing with no limit on length of stay, that is occupied by the target population as defined by Section 50675.14 of the California Health and Safety Code, and that is linked to onsite or offsite services that assist tenants in retaining housing, improving their health status, maximizing their ability to live and, when possible, work in the community. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 25, 2013. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an Initial Study, it has been determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project. FINDINGS The Planning Commission, in recommending approval of the proposed Municipal Code amendments in Long Range Planning Project No. LR12-0013, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance designates residential care facilities, transitional, supportive, and single -room occupancy housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts. The amendment to Title 17 of the Temecula Municipal Code has been designed to be consistent with State Housing Law, the Temecula Housing Element, and to be internally consistent with the other elements of the Temecula General Plan. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance designating residential care facilities, transitional, supportive, and single -room occupancy housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: 5 Policy 2.3: Encourage the use of non-traditional housing models, including single -room occupancy structures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter, and/or transitional housing. Policy 5.2: Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing; and Policy 5.3: Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly, persons with disabilities, large families, single - parent households, and the homeless. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element, and with the Temecula General Plan and all applicable provisions contained therein. ATTACHMENTS PC Resolution Exhibit A - CC Ordinance Initial Study Notice of Public Hearing 6 Item No. 19 Approvals City Attorney Director of Finance City Manager OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: April 9, 2013 SUBJECT: Planning Application No. PA12-0122, Second Amendment to Roripaugh Ranch Development Agreement, and adoption of an Addendum to the Roripaugh Ranch Specific Plan Final Environmental Impact Report PREPARED BY: Matt Peters, Associate Planner RECOMMENDATION: Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND ASHBY USA, LLC" AND MAKE FINDINGS RELATED THERETO SUMMARY OF ORDINANCE: The proposed ordinance will extend the term of the Roripaugh Ranch Development Agreement an additional 15 years to provide for the continued development of the approved Specific Plan, including on and offsite infrastructure. Many of the improvements contemplated in the Development Agreement have been commenced, but are not complete, and others have yet to be commenced. The Development Agreement is to lapse and terminate, by its own terms, prior to the completion of the desirable and beneficial improvements being completed. To allow the improvements to be completed, the parties to the subject Development Agreement, including successors in interest, desire to extend the terms of the Agreement fifteen (15) years, for a total term of twenty-five (25) years. This additional term will allow for the completion of the improvements specified in the Specific Plan and all related land use entitlements. BACKGROUND: The approved Roripaugh Ranch Specific Plan (RRSP) allows the development of 2,015 residential units on 804.7 acres, including 1,056 low and low medium density single-family units, and 959 medium density single family units. The RRSP also allows development of 15.4 acres (110,000 square feet) of commercial uses, a 22 -acre elementary school site, a 20 -acre middle school site, a 5.1 -acre neighborhood park, a 19.7 -acre community park with lighted athletic fields, 9.1 acres of private recreational facilities, 202.7 acres of biological habitat, 56.6 acres of flood control and landscaped slopes, and a 2 -acre fire station. At build out, the project would have a gross density of 2.5 units per total acre and a net density of 4.88 units per residential acre. The project is required to construct a number of improvements, including regional and local roads such as Butterfield Stage Road, Murrieta Hot Springs Road, and Nicolas Road, and major sewer, water and drainage facilities. Analysis This amendment only proposes to extend the term of the existing Development Agreement. Section 2.3 Term is amended as follows. "2.3 Term. This Agreement shall become effective on the Effective Date and shall continue for a twenty-five (25) year term from the Commencement Date unless terminated pursuant to this Agreement. The parties agree that the date of November 25, 2028 shall be the date upon which this Agreement terminates, unless extended pursuant to the terms of this Agreement. Unless terminated pursuant to Section 2.4, or extended pursuant to the terms of this Agreement, this Agreement shall terminate at 11:59 p.m. on the Twenty-fifth (25th) Anniversary after the Commencement Date. The final day of this Agreement's regulation of the Property shall change subject to and upon the facts and terms relating to a specific extension(s), force majeure, revision (s), and termination provisions of this Agreement. Notwithstanding the foregoing, in the event that a court of competent jurisdiction takes any action that stays or delays the Effective Date, and subsequently enters after all appeals or time to appeal have been exhausted, a final judgment or issuance of a final order directed to the CITY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement, then this Agreement shall be deemed to have no force or effect upon either party." All other provisions of the existing Development Agreement remain unchanged. Planning Commission Recommendation The Planning Commission recommended that the City Council approve the Second Amendment to the Development Agreement and adopt an Addendum to the Roripaugh Ranch Specific Plan Final Environmental Impact Report. No one spoke in support or opposition to the project. FISCAL IMPACT: None ATTACHMENTS: 1. Roripaugh Ranch Site Plan 2. CC Ordinance Exhibit A — Draft Second Amendment to the Development Agreement Exhibit B — EIR Addendum 3. PC Staff Report of March 20, 2013 ASHBY USA. LLC FIGURE 2-2 1/ 1A LM 19.0 AC 98 DU'S 1B 0.3 AC MP -Pr nate 2 LM 18.4 AC 99 DU'S MWD PROPERTY 3 LM 18.6 AC 99 DU'S 8 031 12.5 AC 5 RC 5.2 AC (4.8 AC) 4A LM 19.5 AC 100 DU'S OS1 0 6.8 AC 0S3 7A 19.5 AC LEGEND 4B LM 22.3 AC 113 DU'S LAND USE LOW DENSITY RESIDENTIAL LOW MEDIUM DENSITY RESIDENTIAL MED. DENSITY RES. (Standard) MED. DENSITY RES. (Clustered Courtyard) NEIGHBORHOOD COMMERCIAL NEIGHBORHOOD PARK SPORTS PARK PRIVATE MINI PARK PRIVATE RECREATION CENTER EDUCATIONAL (Schools) PUBLIC INSTITUTIONAL (Fire Station) HABITAT FLOOD CONTROL LANDSCAPE SLOPE (Manufactured Slopes) PUBLIC STREETS PRIVATE STREETS CODE ACRES DENSITY UNITS L 107.6 1.1 117 LM 194.8 4.8 939 M1 21.5 5.7 122 M2 88.9 9.4 837 NC 15.4 NP 5.1 SP 19.7 MP .3 RC 9.2 S1, S2 32.0 PI 2.0 OS1 202.7 0S2 39.1 0S3 21.2 35.4 9.8 GRAND TOTAL LEGEND 804.7 2.5 2,015 City / County Boundary The Keith Companieslc 0 200 400 800 1800 Pedestrian Bridge Rori a.0gh Ranch /6 / NP 5.AC if/ '1.1 /,fir /1 1 /I /r 1/ /r NAP /r r // /r 33B-) COLAS fR // I/ 33A /r'/ 15DU'S 13 OS1 179.6 AC CALLE 11 NC 15.4 AC (10.0 AC) M2 16.4 AC (15.0 AC) 142 DU'S 16 LM 28.4 AC 145 DU'S 40.2 AC 172 DU'S M2 14.1 AC 156 DU'S RC 29 4.0 AC Its LM Si 27 12.0 AC 28.4 AC 113 DU'S SP 31 19.7 AC 28 M2 (1.4 AC 0S2) S2 24.6 AC 20.0 AC 224 DU'S 19 L 31.2 AC 34 DU'S 1,1 CHAPOS _ (1.5 32 PI 2.0 AC (1.5 AC) 22 M2 20.3 AC 164 DU'S SOUTH LOOP ROAD L Z 1 23.9 AC 24 DU'S 24 M1 10.6 AC II 55 DU'S 0S2 8.2 AC 20 30.3 AC 33 DU'S ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND ASHBY USA, LLC" AND MAKE FINDINGS RELATED THERETO A. Intent of the Parties. 1. The City Council of the City of Temecula, at its meeting of December 17, 2002 approved the Ordinance and related Development Agreement entitled "Development Agreement Between the City of Temecula and Ashby USA, LLC" ("Development Agreement") The parties to the Agreement are the City of Temecula and Ashby USA, LLC. This document addressed the comprehensive development of the real property described within it and established the opportunity for necessary amendments and extensions. Subsequently, the parties adopted the "First Amendment to Development Agreement between the City of Temecula and Ashby USA, LLC (Roripaugh Ranch Specific Plan) on February 14, 2006. 2. The parties acknowledge that certain of the improvements contemplated in the Development Agreement have been commenced but are not complete and others have yet to be commenced. The Development Agreement is to lapse and terminate, by its own terms, prior to the completion of the desirable and beneficial improvements being completed. To allow the improvements to be completed the parties, including successors in interest, to the subject Development Agreement desire to extend the term of the Agreement. The parties wish to extend the term of the Agreement fifteen (15) years, for a total term of twenty-five (25) years. This additional term will allow for the completion of the improvements specified in the Specific Plan and all related land use entitlements. 3. All necessary and legally required prerequisites to the adoption of this Ordinance No._ have occurred as required by law. B. Ordinance. The City Council of the City of Temecula, California does ordain as follows: Section 1. In all respects as set forth in Part A, Intent of the Parties, which Part A is hereby incorporated by reference. Section 2. That certain Agreement entitled "Development Agreement Between the City of Temecula and Ashby USA, LLC," as amended and interpreted, is hereby further amended by the Second Amendment to said Agreement, as set forth in Exhibit A hereto and which is hereby incorporated by reference. Section 3. The City has reviewed the time extension of the Development Agreement, and the environmental impacts addressed in the Development Agreement's Initial Environmental Impact Report, all pursuant to and as required by the California Environmental Quality Act of 1970, as amended and determined, pursuant to Section 15164 of the State CEQA Guidelines, that substantial evidence supports the conclusion that an addendum to the Initial Environmental Impact Report is the proper further environmental analysis required by CEQA. The City Council, based upon the substantial written and oral testimony set forth in the staff report, the Addendum attached hereto as Exhibit B and oral testimony from City staff and third parties, concludes that the Addendum attached as Exhibit B is the lawful and appropriate level of review under CEQA because: i. No substantial changes are proposed in the project that will require major revisions in the previous EIR and further, the time extension merely allows necessary improvements which serve as mitigation measures to be completed as planned; ii. No substantial changes have occurred with respect to the circumstances under which the project is being undertaken that will result in or require major revisions to the previous EIR; iii. No new information of substantial importance has been identified subsequent to the certification of the previous EIR; iv. The Planning Commission and City Council have evaluated and considered the Addendum with the Final EIR and have done so prior to making a decision on the project and the Addendum has been attached to the Final EIR in the project's permanent file, which is publically available. v. The City Council has determined that the record, consisting of both written and oral testimony provides substantial evidence supporting the use of an addendum, pursuant to state CEQA Guidelines Section 15164 for the project consisting of the time extension of the Development Agreement between the City of Temecula and Ashby USA, LLC as amended. Section 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court or competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 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 day of , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of, , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 41000 Main Street. Post Office Box 9033 Temecula, CA 92589-9033 Attn: City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA AND ASHBY USA, LLC (RORIPAUGH RANCH SPECIFIC PLAN) This Second Amendment to Development Agreement is made and entered into as of , 2013, by and between the CITY OF TEMECULA, a California municipal corporation ("City"), RORIPAUGH INVESTORS, III, LLC, RORIPAUGH VALLEY RESTORATION LLC, BHT-RORIPAUGH WB99, L.L.C., SUNWOOD RORIPAUGH RANCH LLC, WINGSWEEP CORPORATION, HRA RORIPAUGH 1, LLC, and HRA RORIPAUGH 2, LLC, (collectively "OWNER") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this Second Amendment, the parties hereto agree as follows: 1. Recitals. This Second Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: a. The Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the "Preannexation and Development Agreement") was initially approved by Ordinance of the City Council on December 17, 2002 and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside ("Development Agreement"). The Development Agreement has been previously amended pursuant to the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006. b. The real property which is subject to the Development Agreement and this Second Amendment is generally known as the Roripaugh Ranch Project and is 11086-0097\1536593 v1.doc 1 specifically described in Exhibit A to this Second Amendment and incorporated herein as though set forth in full ("Property"). c. Portions of the Property have been sold to merchant builders who have taken their properties subject to the rights and obligations of the Development Agreement. The merchant builders were or are: DAVIDSON RORIPAUGH RANCH 122, LLC, a California limited liability company; TANAMERA/RORIPAUGH, LLC, a California limited liability company, TANAMERA/RORIPAUGH II, LLC, a California limited liability company, and TRADITIONS AT RORIPAUGH, LLC, a California limited liability company ("Merchant Builders"). OWNER warrants and represents to the City that all persons who have an ownership interest or other interest in the Property have executed it as a party or have signed the Consent and Subordination attached hereto and, further, no other persons are required to approve this Second Amendment. d. It is the intent of the parties in entering into this Second Amendment to the Development Agreement that the Development Agreement, as amended and interpreted, not lapse on the date defined in the Agreement but instead be extended for a fifteen (15) year term so that the Owner and its agents can complete the required public improvements and construct a beneficial addition to the City of Temecula, pursuant to the entitlements incorporated into the Development Agreement. In furtherance of this intent: (i) The Planning Commission of the City of Temecula held a duly noticed public hearing on March 20, 2013 and by Resolution No. 13-06 recommended to the City Council that this Second Amendment be approved. (ii) On , the City Council of the City of Temecula held a duly noticed public hearing on the proposed Addendum and the proposed Second Amendment. Ordinance No. introduced on and adopted on approved this Second Amendment. follows: 2. Section 2.3 of the Development Agreement shall be amended to read as "2.3 Term. This Agreement shall become effective on the Effective Date and shall continue for a twenty-five (25) year term from the Commencement Date unless terminated pursuant to this Agreement. The parties agree that the date of November 25, 2028 shall be the date upon which this Agreement terminates, unless extended pursuant to the terms of this Agreement. Unless terminated pursuant to Section 2.4, or extended pursuant to the terms of this Agreement, this Agreement shall terminate at 11:59 p.m. on the twenty-fifth (25th) anniversary after the Commencement Date. The final day of this Agreement's regulation of the Property shall change subject to and upon the facts and terms relating to a specific extension(s), force majeure, revision(s), and termination provisions of this Agreement. Notwithstanding the foregoing, in the event that a court of competent jurisdiction takes any action that stay or delays the Effective Date, and subsequently enters after all appeals or time to appeal have been exhausted, a final judgment or issuance of a final order directed to the CITY to set aside, withdraw, or abrogate the approval of 11086-0097\1536593 v1.doc 2 the City Council of this Agreement, then this Agreement shall be deemed to have no force or effect upon either party. 3. Except as specifically set forth herein, all other terms and conditions of the Development Agreement, as amended, shall remain in full force and effect. 4. This Second Amendment contains the entire understanding between the parties relating to the subject matter hereof, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter hereof. 5. This Second Amendment shall not be effective and shall not be recorded until such time as each owner of the Property has duly executed this Second Amendment to Development Agreement and all persons with an interest in the Property, or holding a deed of trust in the Property or a portion of the Property, have duly executed the Consent and Subordination attached hereto. [SIGNATURES TO FOLLOW] 11086-0097\1536593 v1.doc 3 IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Michael S. Naggar Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney DB 11086-0097\ 1536593x1. doc 4 RORIPAUGH INVESTORS III, LLC A Delaware limited liability company By: James H. Hunter Its: Manager By: Donald R. Faye Its: Authorized Signer RORIPAUGH VALLEY RESTORATION LLC A Delaware limited liability company By: Ken Kraemer Its: Operating Manager BHT-RORIPAUGH WB99, L.L.C. A Delaware limited liability company By: BHT Investors, L.L.C., A Delaware limited liability company, Sole Member By: HT Investment Partners, L.L.C., A Delaware limited liability company, Managing Member By: Highridge BHT, L.L.C., A Delaware limited liability company, Managing Member By: Highridge Asset Management, L.L.C. A Delaware limited liability company, Manager By: Highridge Management, Inc. A California corporation, Managing Member By: 11086-0097\1536593 v1.doc Name: Title: SUNWOOD RORIPAUGH RANCH LLC, A Delaware limited liability company By: SUNWOOD AND ASSOCIATES LLC, A Delaware limited company, its Manager By: By: Name: Its: Executive Vice President Name: Its: Executive Vice President WINGSWEEP CORPORATION, A California corporation By: Name: Title: HRA RORIPAUGH 1, LLC, A Delaware limited liability company By: HRA RORIPAUGH HOLDING COMPANY 1 LLC, A Delaware limited liability company, its Manager By: HRA RORIPAUGH MANAGEMENT, LLC, A Delaware limited liability company, its Manager By: By: Name: Its: Member Name: Its: Member By: HUNTER RA, LLC, an Idaho limited liability company, its Manager By: 11086-0097\1536593 v1.doc James H. Hunter, Manager HRA RORIPAUGH 2, LLC, A Delaware limited liability company By: HRA RORIPAUGH HOLDING COMPANY 1 LLC, A Delaware limited liability company, its Manager By: HRA RORIPAUGH MANAGEMENT, LLC, A Delaware limited liability company, its Manager By: By: Name: Its: Member Name: Its: Member By: HUNTER RA, LLC, an Idaho limited liability company, its Manager By: James H. Hunter, Manager 11086-0097\1536593 v1.doc LENDER'S CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENT AND SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 1 ("Lender") holds a security interest in a portion of the Property described in the Second Amendment to Development Agreement set forth above between Ashby USA, LLC, a California limited liability company ("Owner"), and the CITY OF TEMECULA, a municipal corporation ("City"). 2. Lender acknowledges that the Development Agreement and the Second Amendment to the Development Agreement are integral parts of the Owner's land use entitlements for the Property and provide significant benefits to the Owner and to the Property as well as vesting Owner's land use entitlements pursuant to the terms of the Development Agreement and the First Amendment to the Development Agreement. 3. In consideration of the rights and benefits conferred upon the Owner by the terms of the Development Agreement and the Second Amendment to the Development Agreement and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Development Agreement and the Second Amendment to the Development Agreement and their recordation and further agrees that Lender's interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Development Agreement and the Second Amendment to the Development Agreement. 4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Development Agreement at the following address: IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of , 2013. 11086-0097\1536593 v1.doc Lender: Name: Title: Name: Title: 8 ADDENDUM TO THE RORIPAUGH RANCH SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT CITY OF TEMECULA, CALIFORNIA (SCH# 97121030) Prepared by: Kent Norton, AICP LSA Associates, Inc. 1500 Iowa Avenue, Suite 200 Riverside, California 92507 LSA March 5, 2013 TABLE OF CONTENTS EXECUTIVE SUMMARY 1 A. INTRODUCTION 1 B. ADDENDUM DOCUMENTATION 1 C. PROJECT BACKGROUND 2 D. APPROVED PROJECT 2 E. PREVIOUS OR RELATED ACTIVITY 5 F. PROPOSED ACTION 5 G. ENVIRONMENTAL ASSESSMENT 6 H. SUMMARY AND CONCLUSIONS 8 I. REFERENCES AND SOURCES 9 APPENDICES A. RORIPAUGH RANCH SPECIFIC PLAN B. SPECIFIC PLAN DRAFT EIR C. SPECIFIC PLAN FINAL EIR AND MMRP EXECUTIVE SUMMARY In 2002, the City of Temecula approved a 10 -year Development Agreement as part of the Roripaugh Ranch Specific Plan. At that time, the City certified a comprehensive Environmental Impact Report to comply with the requirements of the California Environmental Quality Act. Section 6 of the Sixth Operating Memorandum further clarified that the Development Agreement continues through November 25, 2013. The City has decided to prepare an Addendum to that EIR for a proposed 15 -year extension to the Development Agreement from 2013 to 2028. This action will not create or result in any new or different environmental impacts identified in the EIR, and is needed to continue implementation of the Specific Plan, Community Facilities District, and planned improvements for the Roripaugh project. The site has already been rough graded and a number of permanent improvements have already been installed, including roads, retaining walls, and a recreation center in the Panhandle area. Extension of the development agreement will allow for completion of necessary infrastructure improvements associated with the Roripaugh project. A. INTRODUCTION The Environmental Impact Report ("EIR") State Clearinghouse No. 97121030 for the Roripaugh Ranch Specific Plan ("RRSP") was certified by the City of Temecula ("City") on December 17, 2002 to comply with the requirements of the California Environmental Quality Act ("CEQA"). As part of that action, the City, as the Lead Agency under CEQA, approved a Development Agreement ("DA") that stipulated impact fee limits in exchange for the private construction of various public improvements (e.g., fire station, regional roadways, etc.). The most recent amendment to the RRSP occurred in March 2003 and the current DA was authorized for a 10 - year period which is set to expire November 25, 2013. The City desires to extend the life of the DA to assure that the identified improvements are constructed in an efficient and equitable fashion by local developers as development occurs after 2013. B. ADDENDUM DOCUMENTATION When a lead agency has already prepared an EIR, CEQA mandates that "no subsequent or supplemental environmental impact report shall be required by the lead agency or any responsible agency, unless one or more of the following occurs: 1. Substantial changes are proposed in the project which will require major revisions of the environmental impact report; 2. Substantial changes occur with respect to the circumstances which the project is being undertaken which will require major revisions to the environmental impact report; or 3. New information, which was not known or could not have been known at the time the environmental impact report was certified as complete, becomes available." (Cal. Pub. Res. Code Section 21166). State CEQA Guidelines Section 15162 clarifies that a subsequent EIR or supplemental EIR is only required when "substantial changes" occur to a project or the circumstances surrounding a project, or "new information" about a project implicates "new significant environmental effects" or a "substantial increase in the severity of previously identified significant effects" (State CEQA Guidelines Section 15162). 1 When only minor technical changes or additions to a previous EIR are necessary and none of the conditions described in Public Resources Code Section 21166 calling for preparation of a subsequent or supplemental EIR have occurred, CEQA allows the lead agency to prepare and adopt an addendum to the previously approved EIR [State CEQA Guidelines Section 15164(b)]. In this case, the City of Temecula, as the Lead Agency, has decided to prepare an Addendum to the RRSP EIR for a 15 -year time extension of the existing Development Agreement because this action will not create or result in any new or different environmental impacts identified in the RRSP EIR. C. PROJECT BACKGROUND The Roripaugh Ranch project is located in the eastern portion of the City of Temecula, just west of the Temecula Wine Country area, off of Murrieta Hot Springs Road and Butterfield Stage Road, as shown in the attached exhibit from the RRSP EIR ("Figure 2"). For reference, the long narrow portion of the project just south of Murrieta Hot Springs Road and west of Butterfield Stage Road is referred to as the "panhandle" while the "valley" portion covers the southeastern portion of the site. This property had been farmed for many years by the Roripaugh family, and planning for development on approximately 800 acres of this property began around 1995. In 1997, a Notice of Preparation (NOP) was prepared for the Roripaugh Ranch Specific Plan, but it was almost six years later (2003) before final approval was given for the Specific Plan and certification of the EIR. Subsequent to approval of the Specific Plan and EIR, the site was rough graded and temporary erosion control/water quality improvement installed, but no development has occurred on the site due to the economic downturn that started in 2007. The RRSP was officially approved on March 25, 2003 but has been amended several times with the latest amended version approved on February 14, 2006. The DA was first approved on December 17, 2002 and most recently amended on February 14, 2006. However, there have been a number of "operating memoranda" for implementation of the DA by several specific builders, the last one being approved on January 25, 2011 (6th Operating Memorandum). Several administrative Specific Plan Amendments were also approved since the Specific Plan was originally adopted, and the CEQA documents prepared for these amendments were "conformity' findings tiered off the original EIR approval, as outlined in CEQA Guidelines Section 15182, Residential Projects Pursuant to a Specific Plan. The City first circulated a Draft EIR for public review on this project on June 1, 1999. After various project changes and a series of public comments, a Revised Draft EIR was circulated on June 8, 2001 and a 2nd Revised Draft EIR was circulated on April 1, 2002. The Final EIR for the project was certified on December 17, 2002. D. APPROVED PROJECT The approved RRSP allows the development of 2,015 residential units on 804.7 acres, including 1,056 low and low medium density single family units, and 959 medium density single family units. The RRSP also allows development of 15.4 acres (110,000 square feet) of commercial uses, a 22 -acre elementary school site, a 20 -acre middle school site, a 5.1 -acre neighborhood park, a 19.7 -acre community park with lighted athletic fields, 9.1 acres of private recreational facilities, 202.7 acres of biological habitat (mainly in the Santa Gertrudis Creek area), 56.6 acres of flood control and landscaped slopes, and a 2 -acre fire station. At buildout, the project would have a gross density of 2.5 units per total acre and a net density of 4.88 units per residential acre. The project proposed to construct a number of improvements, including regional and local roads such as Butterfield Stage Road, Murrieta Hot Springs Road, and Nicolas Road, and 2 several major utility lines. The approved land use plan for the RRSP is shown in EIR Figure 2-1 (attached). A complete copy of the RRSP is included in Appendix A of this document, the 2"d Revised Draft EIR is included in Appendix B, and the Final EIR, including the Mitigation Monitoring and Reporting Plan (MMRP), is included in Appendix C of this document. The most recent circulated Draft EIR is dated April 1, 2002 and the Final EIR is dated September 26, 2002, although the Final EIR was certified on December 17, 2002. 3 TKC Figure 2: Project Location (B&W) 4 TKC Figure 2-1: RRSP Land Use Plan 5 E. PREVIOUS OR RELATED ACTIVITY The first approval of the RRSP by the Temecula City Council occurred on December 17, 2002, including the DA. The Notice of Determination (NOD) was filed with the Riverside County Clerk and the appropriate Fish and Game fees were paid on December 18, 2002. The project was riot appealed or otherwise legally challenged following filing of the NOD. The final "original" approval of the RRSP occurred on March 25, 2003. Since then, there have been several minor (administrative) amendments and the latest amended version was approved on February 14, 2006. At the time the project was approved, approximately 201 acres of the site, most of it along Santa Gertrudis Creek, was set aside under the Assessment District 161 Sub -Regional Habitat Conservation Plan which was later absorbed into a Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Conservation Area for the same purpose. Subsequent to approval of the RRSP and EIR, the site was rough graded and erosion control/water quality management improvements were installed on of the site except in the habitat conservation area to be preserved along Santa Gertrudis Creek. In addition, roads and a private recreation center were built in the "panhandle" portion of the site just south of Murrieta Hot Springs Road. In 2007, development activity began to slow throughout the nation and California, including Temecula and western Riverside County. Development under the RRSP has not proceeded to any appreciable degree to this point, other than development of some roads and a recreation center in the panhandle portion of the site, and the fire station in the valley portion of the site. As of January 2013, the Riverside County Board of Supervisors was still reviewing its Temecula Valley Wine Country Community Plan for the unincorporated land east of the Roripaugh Ranch property. Its EIR (SCH# 2009121076 circulated December 5, 2011) included a cumulative traffic study with its EIR that accounts for delayed development within the Roripaugh Ranch project. At this point, the DA is scheduled to expire November 25, 2013. The DA is needed to assist the project developers to continue installing the various improvements outlined in the DA, including grading, parks, trails, recreation buildings, walls, infrastructure, etc. F. PROPOSED ACTION The City and the developers involved in various portions of the Roripaugh Ranch project (e.g., Van Daele, Standard Pacific, KB Homes) have mutually agreed to extend the DA for the project for another 15 years to assure completion of the various improvements specified in the DA, in exchange for impact fee amounts to remain as indicated in the current DA. The current DA is scheduled to expire in November 25 2013, and the new DA would run through 2028. No physical aspects of the Roripaugh Ranch Specific Plan project are proposed to change as a result of this action. It will not increase or change the extent of any environmental impacts or mitigation measures identified in the RRSP EIR. New development under the RRSP would still have to comply with all existing laws and regulatory programs in place at the time development occurs, other than those specific fee items exempted by the DA, including the Multi -Species Habitat Conservation Plan (MSHCP) for Western Riverside County, and the County's Transportation Uniform Mitigation Fee (TUMF) program. 6 G. ENVIRONMENTAL ASSESSMENT The RRSP EIR identified the following significant and unavoidable environmental impacts as a result of development of the proposed project (DEIR Sections 3.0 and 6.2): 1. Agriculture — loss of prime soils and locally important farmland (project and cumulative); 2. Traffic —two local intersections (Ynez Road at Winchester Road and Ynez Road at Rancho California Road) exceed Level of Service D during peak hours (project and cumulative); 3. Air Quality — both short-term and long-term criteria air pollutants (project and cumulative); 4. Noise — contributions to cumulative noise levels; and 5. Aesthetics — loss of views and new skyglow conditions (project impacts). In addition, the EIR examined a number of alternatives, as required under CEQA, including: (1) No Project — No Development; (2) Continued Agriculture — Clustered Development; (3) Reduced Density Development; and (4) Rural Density Development (DEIR Section 7.0). Due to the nature of the proposed action relative to the previously approved EIR, the City will riot use an Environmental Checklist form (i.e., an Initial Study) to document the potential effects of the action, as suggested in Section 15063 (d)(3) of the State CEQA Guidelines. Rather, the City has conducted a brief but thorough assessment of the 18 different environmental issues analyzed in the RRSP EIR. The primary factor in this assessment is that the proposed action, an extension of the existing development agreement, does not result in any physical changes to the environment that were not already anticipated or analyzed of the EIR, but only extends the time needed to complete proposed infrastructure in support of new development. Recent economic conditions have also resulted in a delay in developing the proposed land uses within the RRSP, so the residential development, and its related infrastructure improvements outlined in the RRSP, have riot yet been built. This assessment complies with the intent and requirements of CEQA relative to the preparation of an EIR Addendum. SIGNIFICANT IMPACTS Agriculture. The site has already been rough graded and no longer used for agriculture. Whenever development of the site occurs, prime and locally important agricultural soils will be covered over, so the impacts are equivalent to those identified in the EIR, which were determined to be significant both at a project level and on a cumulative basis (DEIR pages ES -4 and 3-22). No mitigation was determined to be feasible and these conditions still apply in the project area, so no new mitigation is required or needed. Traffic. The DEIR determined the project -level and cumulative impacts in this regard to be significant (DEIR pages ES -6 and 3-97). Impacts from traffic both from construction and occupancy of the project have not occurred yet, and extension of the DA would extend the beginning and ultimate effect of those impacts into the future. This does not represent a substantial change from the impacts identified in the El R. The Riverside County Board of Supervisors is still reviewing its Temecula Valley Wine Country Community Plan for the unincorporated land east of the Roripaugh Ranch property. This EIR (SCH# 2009121076) includes a cumulative traffic study with its EIR that accounts for delayed development within the Roripaugh Ranch project. Future development within the RRSP is consistent with the roadway network outlined in the County's TUMF program. New development under the RRSP would be required to implement current Conditions of Approval (COAs) similar to development elsewhere in the City, except for items included in the current DA. The extended DA would allow for the efficient implementation of the various road and intersection improvements identified in the DA for 15 years through 2028. Air Quality. The DEIR concluded that project -level and cumulative impacts would be significant (DEIR pages ES -6 and 3-115). Impacts from air quality, both short-term from construction and long-term from occupancy of the project, have not occurred yet, except for rough grading the site. Extension of the DA would extend the beginning and ultimate impacts of air emissions from project construction and occupancy into the future. All of this work would occur beyond 2012, which means actual emissions would likely be equivalent or lower than estimated in the EIR due to improved fleet emission controls and upgraded fuel standards. This does not represent a substantial change from the impacts identified in the EIR. New development would be required to implement current air quality regulations and City Conditions of Approval (COAs) which would help reduce air pollutant emissions from dust control, etc. Noise. The DEIR concluded that the project would contribute to cumulative noise impacts (DEIR pages ES -8 and 3-165). Long-term noise impacts have not occurred yet, but would be similar to those impacts identified in the EIR once the project is built out. Extension of the DA would extend the beginning and ultimate effect of those impacts into the future, but this does not represent a substantial change from the impacts identified in the EIR. Aesthetics. The DEIR concluded that project -level impacts would be significant (DEIR pages ES - 11 and 3-219). Most of the project impacts would occur as identified in the EIR, including views changing and additional skyglow as development occurs. Most of the site is not visible to the public from existing roadways or from existing residential neighborhoods in the surrounding area, other than along Calle Contento to the east and Nicolas Road to the southwest. It should be noted that grading for the panhandle portion of the site has already altered views of that area from Nicolas Road in terms of the ridgeline, although no homes have been built along the southern boundary of the panhandle that would be visible from Nicolas Road. No additional mitigation is required or needed as a result of the DA extension. LESS THAN SIGNIFICANT IMPACTS Noise. The DEIR concluded that project -level impacts would be less than significant with mitigation (DEIR pages ES -8 and 3-165). Direct noise impacts both from construction and occupancy of the project have not occurred yet, but would be similar to those impacts identified in the EIR. Extension of the DA would extend the beginning and ultimate effect of those impacts into the future, but this does not represent a substantial change from the impacts identified in the EIR. Greenhouse Gas Emissions. When the EIR was prepared and approved, an analysis of impacts related to greenhouse gases and global climate change was not required. New development within the City, including Roripaugh Ranch, will be required to comply with the latest California Green Building Code (CGBC) requirements and Title 24 energy conservation standards issued by the State, which will minimize potential greenhouse gas emissions to the extent feasible. In addition, extending the DA would cause no physical changes or different impacts from those identified in the EIR, and later implementation of new development under the RRSP would place that development under the more strict building code standards of the CGBC. Therefore, no mitigation measures are required or proposed as part of the DA extension action. 8 Hydrology and Water Quality. The DEIR concluded that project -level and cumulative impacts would be less than significant with mitigation (DEIR pages ES -5 and 3-54). The site has already been rough graded, and extension of the DA would allow for effective implementation of planned improvements to the Roripaugh Ranch property, including drainage improvements along Long Valley Wash and other permanent erosion control and water quality maintenance features throughout the remainder of the site. Biological Resources. The DEIR concluded that project -level and cumulative impacts would be less than significant with mitigation (DEIR pages ES -7 and 3-140). Impacts to biological resources would be the same as outlined in the EIR, and future development would be required to comply with the Western Riverside County MSHCP including impact fees and preservation of the Santa Gertrudis Creek area, as outlined in the RRSP. No new mitigation is needed. Scientific Resources. The DEIR concluded that project -level and cumulative impacts would be less than significant with mitigation (DEIR pages ES -11 and 3-231). Impacts to paleontological, archaeological, and historical resources would be the same including onsite monitoring of grading by qualified archaeological and paleontological personnel as appropriate as development occurs. Geology and Soils. The DEIR concluded that project -level and cumulative impacts would be less than significant with mitigation (DEIR pages ES -8 and 3-165). Development under the RRSP, would result in the same geologic and soil impacts as identified in the EIR, and would be subject to the same mitigation and the latest Conditions of Approval from the City regarding geotechnical hazards. There would be no significant effects related to geologic or soils constraints by extending the DA. Hazards and Hazardous Materials. The DEIR concluded that project -level and cumulative impacts would be less than significant with mitigation (DEIR pages ES -8 and 3-147). Future development of the site under the RRSP would result in the same impacts related to hazards and hazardous materials as identified in the EIR. Future uses would be subject to the same mitigation and the latest Conditions of Approval from the City regarding hazards and hazardous materials. There would be no significant effects related to these issues by extending the DA. Land Use and Planning. The DEIR concluded that project -level and cumulative impacts would be less than significant with mitigation (DEIR pages ES -4 and 3-15). Future development would occur on the Roripaugh Ranch site consistent with the land use designations outlined in the RRSP, and the project site has already been rough graded with development pads and roads. Implementation of an extended DA would have no effect on either land use or planning impacts of the project other than allowing for more effective construction of planned improvements in the future. The addition of new houses and residents to the City will occur at a later time than identified in the EIR, but the magnitude of these impacts will be equivalent to those identified in the EIR. The current City General Plan and Housing Element, which was published September 2009 for the period July 1, 2008 to June 30, 2014, took into account the housing that would occur when the RRSP is built. There would be no significant effects on population and housing by extending the DA. Services. The DEIR concluded that project -level and cumulative impacts would be less than significant with mitigation (DEIR pages ES -9, 3-173, 3-175, 3-178, 3-180, 3-185, 3-187, 3-188, 3- 189, and 3-190). The service impacts identified in the EIR would still occur, but begin at a later time and extend into the future. No substantial changes are envisioned compared to the impacts identified in the EIR, and the fire station outlined in the current DA has already been built. 9 Utilities. The DEIR concluded that project -level and cumulative impacts would be less than significant with mitigation (DEIR pages ES -10, 3-197, 3-200, 3-201, 3-203, 3-205, and 3-207). The utility impacts identified in the EIR would still occur, but begin at a later time and extend into the future. No substantial changes are envisioned compared to the impacts identified in the EIR, and the fire station outlined in the current DA has already been built. Mineral and Forest Resources. The DEIR concluded that project -level and cumulative impacts would be less than significant with mitigation (DEIR pages ES -4 and 3-15). The site does not contain these resources so they are unaffected by an extension of the DA. H. SUMMARY AND CONCLUSIONS Based on available information and the analysis presented in Section G, extending the Development Agreement for the Roripaugh Ranch Specific Plan would not increase the severity or extent of any of the identified impacts, would not create any new impacts, nor would it require any new or modified mitigation measures identified in the Roripaugh Ranch Specific Plan EIR. Therefore, no revisions to the EIR are necessary, and approval of this addendum will fully comply with the CEQA requirements for this proposed action. I. REFERENCES AND SOURCES Development Agreement 1st Operating Memorandum, October 21, 2004 1st Amendment, February 14, 2006 2nd Operating Memorandum, March 21, 2006 3rd Operating Memorandum, August 31, 2006 4t" Operating Memorandum, March 6, 2007 5th Operating Memorandum, October 26, 2010 6t" Operating Memorandum, January 25, 2011 Environmental Impact Report Draft Environmental Impact Report for the Roripaugh Ranch Specific Plan, City of Temecula. The Keith Companies. June 1, 1999. Revised Draft Environmental Impact Report for the Roripaugh Ranch Specific Plan, City of Temecula. The Keith Companies. June 8, 2008. 2"`' Revised Draft Environmental Impact Report for the Roripaugh Ranch Specific Plan, City of Temecula. The Keith Companies. April 1, 2002. Final Environmental Impact Report for the Roripaugh Ranch Specific Plan, City of Temecula. The Keith Companies. September 26, 2002. Specific Plan Roripaugh Ranch Specific Plan. The Keith Companies. March 25, 2003. Roripaugh Ranch Specific Plan Amendment No. 1, Matthew Fagan Consulting Services. December 2004. 10 CITY OF TEMECULA COMMUNITY DEVELOPMENT PLANNING DIVISION STAFF REPORT TO: Planning Commission FROM: Matt Peters, Associate Planner DATE: March 20, 2013 SUBJECT: Planning Application No. PA12-0122, Second Amendment to Roripaugh Ranch Development Agreement, and recommend adoption of an Addendum to the Roripaugh Ranch Specific Plan Final Environmental Impact Report PROJECT DESCRIPTION Planning Application No. PA12-0122 is a Development Agreement Modification to extend the term of the Roripaugh Ranch Development Agreement an additional 15 years to provide for the continued development of the approved Specific Plan, including on and offsite infrastructure. The approved Roripaugh Ranch Specific Plan (RRSP) allows the development of 2,015 residential units on 804.7 acres, including 1,056 low and low medium density single-family units, and 959 medium density single family units. The RRSP also allows development of 15.4 acres (110,000 square feet) of commercial uses, a 22 -acre elementary school site, a 20 -acre middle school site, a 5.1 -acre neighborhood park, a 19.7 -acre community park with lighted athletic fields, 9.1 acres of private recreational facilities, 202.7 acres of biological habitat, 56.6 acres of flood control and landscaped slopes, and a 2 -acre fire station. At build out, the project would have a gross density of 2.5 units per total acre and a net density of 4.88 units per residential acre. The project is required to construct a number of improvements, including regional and local roads such as Butterfield Stage Road, Murrieta Hot Springs Road, and Nicolas Road, and major sewer, water and drainage facilities. BACKGROUND On December 17, 2002, the City Council approved an Ordinance and related Development Agreement entitled "Development Agreement Between the City of Temecula and Ashby USA, LLC" ("Development Agreement"). Subsequently, the parties adopted the "First Amendment to Development Agreement between the City of Temecula and Ashby USA, LLC" (Roripaugh Ranch Specific Plan) on February 14, 2006. Furthermore, the Sixth Operating Memorandum, Section 6, clarifies the terms of the Development Agreement by stating that, "As a matter of clarification, City and the Tract Owners acknowledge and agree that a building permit for the clubhouse was issued November 25, 2003, the second reading of the Authorizing Ordinance occurred December 17, 2002, and as a result of the above, the term of the Development Agreement continues through November 25, 2013." Many of the improvements contemplated in the Development Agreement have been commenced, but are riot complete and others have yet to be commenced. The Development Agreement is to lapse and terminate, by its own terms, prior to the completion of the desirable and beneficial improvements being completed. To allow the improvements to be completed, the parties to the subject Development Agreement, including successors in interest, desire to extend the terms of the Agreement fifteen (15) years, for a total term of twenty-five (25) years. This additional term will allow for the completion of the improvements specified in the Specific Plan and all related land use entitlements. ANALYSIS This amendment only proposes to extend the term of the existing Development Agreement. Section 2.3 Term is amended as follows. "2.3 Term. This Agreement shall become effective on the Effective Date and shall continue fora twenty-five (25) year term from the Commencement Date unless terminated pursuant to this Agreement. The parties agree that the date of November 25, 2028 shall be the date upon which this Agreement terminates, unless extended pursuant to the terms of this Agreement. Unless terminated pursuant to Section 2.4, or extended pursuant to the terms of this Agreement, this Agreement shall terminate at 11:59 p.m. on the Twenty-fifth (25th) Anniversary after the Commencement Date. The final day of this Agreement's regulation of the Property shall change subject to and upon the facts and terms relating to a specific extension(s), force majeure, revision (s), and termination provisions of this Agreement. Notwithstanding the foregoing, in the event that a court of competent jurisdiction takes any action that stays or delays the Effective Date, and subsequently enters after all appeals or time to appeal have been exhausted, a final judgment or issuance of a final order directed to the CITY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement, then this Agreement shall be deemed to have no force or effect upon either party." All other provisions of the existing Development Agreement remain unchanged. CEQA DETERMINATION Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, staff has reviewed and considered the Final Environmental Impact Report ("FEIR") for the Roripaugh Ranch Specific Plan certified by the City Council on December 24, 2002, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, and review of the First Amendment adopted on February 14, 2006, the proposed Second Amendment does not require the preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the proposed Second Amendment does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Second Amendment will have one or more significant effects not previously discussed in the FEIR. All potential environmental impacts associated with the proposed Second Amendment are adequately addressed by the prior FEIR, and the mitigation measures contained in the FEIR will reduce those impacts to a level that is less than significant. An Addendum pursuant to Section15164 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is therefore the appropriate type of CEQA documentation for the Second Amendment, and no additional environmental documentation is required. RECOMMENDATION Staff recommends that the Planning Commission recommend the City Council adopt an Addendum to the Roripaugh Ranch Specific Plan Final Environmental Impact Report and approve the Second Amendment to the Development Agreement. ATTACHMENTS Roripaugh Ranch Site Plan PC Resolution Exhibit A — CC Ordinance Exhibit B — Draft Second Amendment to the Development Agreement Exhibit C — EIR Addendum Notice of Public Hearing COUNCIL BUSINESS Item No. 20 Approvals City Attorney Director of Finance City Manager M-1- OtGL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 9, 2013 SUBJECT: Amendment to Ordinance No. 91-12 (Flood Damage Prevention Ordinance) PREPARED BY: Mayra De La Torre, Senior Engineer - Land Development John Pourkazemi, Associate Engineer — Land Development RECOMMENDATION: Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 15.12 (FLOOD DAMAGE PREVENTION REGULATIONS) OF TITLE 15 TO MAKE CONSISTENT WITH THE LATEST EDITION OF THE CALIFORNIA FLOODPLAIN MANAGEMENT MODEL ORDINANCE FOR NONCOASTAL COMMUNITIES AND TO MAKE OTHER MINOR REVISIONS SUMMARY OF ORDINANCE: This ordinance proposes to amend in its entirety Chapter 15.12 (Floodplain Damage Prevention Regulations) of Title 15 (Buildings and Construction) of the Temecula Municipal Code to make consistent with the latest edition of the California Floodplain Management Model Ordinance for noncoastal communities and to make other minor revisions. The revisions will create a more comprehensive chapter that encompasses guidance for development within floodplain areas, as categorized and identified on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM). BACKGROUND: On April 9, 1991, the City Council adopted Ordinance No. 91-12 regarding Flood Damage Prevention. This Ordinance then created Chapter 15.12 entitled "Flood Damage Prevention Regulations" of Title 15 of the Temecula Municipal Code. Since 1991, staff has utilized Ordinance No. 91-12 efficiently to set forth the administrative procedures and technical requirements necessary to implement the Ordinance. However, we recently have determined that the Ordinance needs to be amended to make it consistent with the latest edition of the California Floodplain Management Model Ordinance for noncoastal communities. We also need to make other minor revisions pursuant to prevailing City policies and procedures. The Ordinance proposes the following: • Amend Chapter 15.12 of Title 15 of the Temecula Municipal Code; • Further describe the definitions, interpretations and terminologies; and • Expand and clarify information and procedures for development within floodplain areas. In accordance with the California Environmental Quality Act (CEQA), the proposed project has been determined to be exempt from further environmental review pursuant to Section 15061.b.3. The Director of Community Development has determined with certainty that the proposed adoption of the Floodplain Management Ordinance will not have a significant effect on the environment as the regulations in the Ordinance protect against detrimental impacts on the environment by minimizing the impacts of flood damage and instituting effective floodplain management. Thus, staff recommends that City Council approve and adopt the proposed Ordinance. FISCAL IMPACT: None ATTACHMENT: Ordinance No. 13- ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 15.12 (FLOOD DAMAGE PREVENTION REGULATIONS) OF TITLE 15 TO MAKE CONSISTENT WITH THE LATEST EDITION OF THE CALIFORNIA FLOODPLAIN MANAGEMENT MODEL ORDINANCE FOR NONCOASTAL COMMUNITIES AND TO MAKE OTHER MINOR REVISIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On April 9, 1991, the City Council adopted Ordinance No. 91-12 establishing Chapter 15.12 entitled "Flood Damage Prevention Regulations" of the Temecula Municipal Code. Section 2. On December 2006, the California Department of Water Resources established a new model for floodplain management ordinances. The purpose of the model was to assist communities in meeting the minimum requirements of the National Flood Insurance Program (NFIP). Section 3. The City Council desires to amend Chapter 15.12 of Title 15 of the Temecula Municipal Code in its entirety. The purpose of this amendment is to make it consistent with the latest edition of the California Floodplain Management Model Ordinance for Non -Coastal Communities and to make other minor revisions. Section 4. Chapter 15.12 entitled "Flood Damage Prevention Regulations" of Title 15 of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "CITY OF TEMECULA TITLE 15 BUILDINGS AND CONSTRUCTION CHAPTER 15.12 FLOODPLAIN MANAGEMENT Sections: Article I Statutory Authorization, Findings of Fact, Purpose and Methods 15.12.010 15.12.020 Statutory Authorization Findings of Fact 15.12.030 Statement of Purpose 15.12.040 Methods of Reducing Flood Losses Article II Definitions 15.12.050 Definitions Article III General Provisions 15.12.060 Lands to which This Chapter Applies 15.12.070 Basis for Establishing the Areas of Special Flood Hazard 15.12.080 Compliance 15.12.090 Abrogation and Greater Restrictions 15.12.100 Interpretation 15.12.110 Warning and Disclaimer of Liability 15.12.115 Severability Article IV Administration 15.12.120 Establishment of Development Permit 15.12.130 Designation of the Floodplain Administrator 15.12.140 Duties and Responsibilities of the Floodplain Administrator Article V Provisions for Flood Hazard Reduction 15.12.150 Standards of Construction 15.12.160 Standards for Utilities 15.12.170 Standards for Subdivisions 15.12.180 Standards for Manufactured Homes 15.12.190 Standards for Recreational Vehicles 15.12.200 Floodways 15.12.210 Reserved 15.12.220 Mudslide (i.e., Mudflow)-Prone Areas 15.12.230 Flood -Related Erosion -Prone Areas Article VI Variance Procedure 15.12.240 Nature of Variances 15.12.250 Appeal Board 15.12.260 Conditions for Variances Article I Statutory Authorization, Findings of Fact, Purpose and Methods 15.12.010 STATUTORY AUTHORIZATION The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units' authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City does adopt the regulations set forth in this chapter. 15.12.020 FINDINGS OF FACT A. The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood - proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 15.12.030 STATEMENT OF PURPOSE It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; G. To insure that potential buyers are notified that property is in an area of special flood hazard; and H. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. 15.12.040 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream, channels and natural protective barriers, which help accommodate or channel flood waters; D. Controlling fill, grading, dredging and other development, which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. Article II Definitions 15.12.050 DEFINITIONS Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Accessory Structure" means a structure that is either: a. Solely for the parking of no more than 2 cars; or b. A small low-cost shed for limited storage (less than 150 square feet) and $1,500.00 in value. "Accessory Use" means a use which is incidental and subordinate to the principle use of the parcel of land on which it is located. "Alluvial Fan" means a geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel and fine sediments that have been eroded from mountains slopes, transported by flood flows and then deposited on the valley floors, and which is subject to flash flooding, high velocity floods, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. "Appeal" means a request for review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance. "Area of Shallow Flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of Special Flood -Related Erosion Hazard" is the land within a community which is most likely to be subject to severe flood -related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM). "Area of Special Flood Hazard" - see "Special Flood Hazard Area" "Area of Special Mudslide (i.e., mudflow) Hazard" is the area subject to severe Mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM). "Backfill" means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving flood water conveyance or to restore the land to the natural contours existing prior to excavation. "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100 -year flood"). "Basement" means any area of the building having its floor subgrade below ground level on all sides. "Building" - see "Structure" "Critical Feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. "Curvilinear Line" means the border on either a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) that delineates the special flood, mudslide (i.e., mudflow) and/or flood related erosion hazard areas and consists of a curved or contour line that follows the topography. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, building, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Erosion" means the process of the gradual "wearing away" of land masses. This peril is not per se covered under the National Flood Insurance Program. "Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction or facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. "Expansion to and Existing Manufactured Home Park or Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). "Fill" is the placement of fill material at a specified location to bring the ground surface up to a desired elevation. "Fill Material" can be natural sand, dirt, soil or rock. For the purposes of floodplain management, fill material may include concrete, cement, brick or similar material as approved on a case-by-case basis. "Flood, Flooding or Flood Water" means: a. a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. the overflow of inland or tidal waters; 2. the unusual and rapid accumulation or runoff of surface waters from any source; and/or 3. mudslides (i.e., mudflows), which are proximately caused by flooding as defined in a.2. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and b. the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding by the overflow of inland or tidal waters (as defined in a.1. of this definition). "Flood Elevation Determination" means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. "Flood Elevation Study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain or Flood -Prone Area" means any land area susceptible to being inundated by water from any source (see definition of "flooding") "Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations. "Floodplain Management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain Management Regulations" means zoning ordinances, subdivision regulations, building codes health regulations and special purpose ordinances such as floodplain management regulations. "Flood Protection System" means those physical structural works for which funds have been authorized, appropriated and expended, and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed to conform with sound engineering standards. "Flood -Proofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Flood -Related Erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. "Flood -Related Erosion Area" or "Flood -Related Erosion -Prone Area" means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind -driven currents, is likely to suffer flood -related erosion damage. "Flood -Related Erosion Area Management" means the operations of an overall program of corrective and preventive measures for reducing flood -related erosion damage, including but not limited to emergency preparedness plans, flood -related erosion control works and floodplain management regulations. "Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevations more than one foot. Refer to the definition of "Regulatory Floodway." "Floodway Encroachment Lines" means the lines marking the limits of floodways on Federal, State and local floodplains maps. "Floodway Fringe" is the areas of a floodplain on either side of the designated floodway where encroachment may be permitted. "Fraud and Victimization" related to Article VI "Variance Procedure" of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Variance Board will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at a very high flood insurance rate. "Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions such as wave action, bridge openings and the hydrological effect of urbanization of the watershed. "Functionally Dependent Use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Hardship" as related to Article VI "Variance Procedure" of this chapter means the hardship that would result from a failure to grant the requested variance. The Variance Board requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere. "Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic Structure" means any structure that is: a. individually listed in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district registered historic district; c. individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or d. individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program (as determined by the Secretary of the Interior) or directly by the Secretary of the Interior in states with approved programs. "Landfill" means a permitted location for the disposal, placement or dumping of garbage, trash, debris, junk or waste material. "Levee" means the man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee System" means a flood protection system which consists of a levee, or levees, and associated structures such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered the building's lowest floor; provided, such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this chapter. "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Flood Insurance Administration, Federal Emergency Management Agency. "Mean Sea Level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Minimum Necessary" related to Article VI "Variance Procedure" of this chapter means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this chapter. In the case of variances to an elevation requirement, this means the Variance Board need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the Board believes will both provide relief and preserve the integrity of the local ordinance. "Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover, and the subsequent accumulation of water on the ground proceeded by a period of usually heavy or sustained rain. "New Construction" (for floodplain management purposes) means structures for which the "Start of Construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. "New Manufactured Home Park and Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. "Obstruction" includes, but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, grave, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream. "One hundred year flood" or "100 -year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter. "Principle Structure" means a structure used for the principal use of the property as distinguished from an accessory use. "Public Safety and Nuisances" as related to Article VI "Variance Procedure" of this chapter means the granting of a variance must not result in additional threats to public safety or create nuisances. This chapter is intended to help protect the health, safety, well-being and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood level. These long-term goals can only be met if exceptions to the requirements of this chapter are kept to a bare minimum. "Recreational Vehicle" means a vehicle which is: a. built on a single chassis; b. 400 square feet or Tess when measured at the largest horizontal projection; c. designed to be self-propelled or permanently towable by a Tight duty truck; and d. designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, level or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sheet Flow Area" - see "Area of Shallow Flooding" "Special Flood Hazard Area (SFHA)" means an area having special flood or flood - related erosion hazards, and shown on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) as Zone A, AO, Al -A30, AE, A99 or AH. "Start of Construction" (including substantial improvements and other proposed development) means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site (such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation); or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground as well as a manufactured home. "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its "before damage condition" would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial Improvements" means any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "Start of Construction" of the improvement. If multiple or phased improvements are involved, said total cost shall be cumulative for a five (consecutive) -year period prior to start of construction. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: a. any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or b. any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Water Surface Elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Article III General Provisions 15.12.060 LANDS TO WHICH THIS CHAPTER APPLIES This chapter shall apply to all areas of special flood hazards, areas of flood -related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the City. 15.12.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Riverside County Flood Insurance Study (FIS) dated September 30, 1988 and the Flood Insurance Rate Map (FIRM), dated September 30, 1988, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study (FIS) and attendant mapping is the minimum area of applicability of its chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The study and Flood Insurance Rate Maps (FIRMS) are on file at the Department of Public Works. 15.12.080 COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. 15.12.090 ABROGATION AND GREATER RESTRICTIONS This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 15.12.100 INTERPRETATION In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the City Council; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 15.12.110 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, areas of flood -related erosion hazards and areas of mudslide (i.e., mudflow) hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of City Council, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. 15.12.115 SEVERABILITY This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as the whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. Article IV Administration 15.12.120 ESTABLISHMENT A OF DEVELOPMENT PERMIT A development permit shall be obtained before any construction or other development begins within any area of special flood hazard, areas of flood -related erosion hazard or areas of mudslide (i.e., mudflow) established in Section 15.12.070 "Basis for Establishing the Areas of Special Flood Hazard." Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: A. Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures. In Zone A, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; B. Proposed elevation in relation to mean sea level to which any structure will be flood -proofed; C. All appropriate certifications listed in Section 15.12.140 "Duties and Responsibilities of the Floodplain Administrator" of this chapter; and D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 15.12.130 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Director of Public Works/City Engineer is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accordance with its provisions. 15.12.140 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to: A. Permit Review. 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied; 2. Confirm that all other required state and federal permits have been obtained; 3. Review to ensure that the site is reasonably safe from flooding; 4. Review that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purpose of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point; 5. Review of all development permits to determine that all Conditional Letters of Map Revision (CLOMR) for flood control projects are approved prior to allowing land preparation — earthwork activity/grading operation — and as specified in the "Start of Construction" definition; and 6. Review of all development permits to determine that all Letters of Map Revision (LOMR) for flood control projects are approved prior to issuance of building permits. B. Substantial Improvements and Substantial Damage Procedures. 1 Use FEMA publication FEMA 213 "Answer to Questions about Substantial Damaged Buildings" and reference the procedures for identifying and administering requirements for substantial improvement and substantial damage to include defining "Market Value." 2. Require that procedures are coordinated with other departments / divisions and implemented by staff. C. Use of Other Flood Data. When base flood elevation data has not been provided in accordance with Section 15.12.070 "Basis for Establishing the Areas of Special Flood Hazard," the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article V "Provisions for Flood Hazard Reduction" of this chapter. Any such information shall be submitted to the City Council for adoption. D. Notification of Other Agencies. 1. Alteration or relocation of a watercourse. a. Notify adjacent communities and the California Department of Water Resources prior to such alterations and relocations; b. Submit evidence of such notification to the Federal Emergency Management Agency (FEMA); and c. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. 2. Base Flood Elevation (BFE) changes due to physical alteration. a. Within six months of information being available or project completion, whichever comes first, the Floodplain Administrator shall submit or require that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). b. All LOMRs for flood control projects are approved prior to issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revisions (CLOMR). Approved CLOMRs allow construction of the proposed flood control projects and land preparation — earthwork activity/grading operation — and as specified in the "Start of Construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flood conditions, risk premium rates and floodplain management requirements are based on current data. 3. Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. E. Obtain and Maintain for Public Inspection and Make Available (as needed): 1. Certification required by Section 15.12.150 C.1 "Elevation and Flood - Proofing" and Section 15.12.180 "Standards for Manufactured Homes" (i.e., lowest floor elevations); 2. Certification required by Section 15.12.150 C.2 "Elevation and Flood - Proofing" (i.e., elevation or flood -proofing of nonresidential structures); 3. Certification required by Section 15.12.150 C.3 "Elevation and Flood - Proofing" (i.e., elevation or flood -proofing of nonresidential structures); 4. Certification of elevation required by Section 15.12.170 A "Standards for Subdivisions" (i.e., subdivisions and other proposed development standards); and 5. Certification required by Section 15.12.200 B "Floodways" (i.e., floodway encroachments). F. Map Determination. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article VI "Variance Procedure" of this chapter. G. Take action to remedy violations of this chapter, as specified in Section 15.12.080 "Compliance" herein. Article V Provisions for Flood Hazard Reduction 15.12.150 STANDARDS OF CONSTRUCTION In all areas of special flood hazards, all new construction and substantial improvements shall comply with the California Building Code (CBC) and the following standards: A. Anchoring. 1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy. 2. All manufactured homes shall meet the anchoring standards of Section 15.12.180 "Standards for Manufactured Homes." B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Require adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Flood -Proofing. 1. All new residential and nonresidential construction and substantial improvements shall have the pad elevation elevated to a minimum of one (1) foot above the FIRM base flood elevation. Prior to issuance of building permit, the pad elevation shall be certified by a registered professional engineer or surveyor. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor. The certification shall be prepared on FEMA's Elevation Certification Form and submitted to the Floodplain Administrator. 2. All new residential and nonresidential construction and substantial improvements in Zone AO shall have the pad elevation elevated to a minimum of one (1) foot above the highest adjacent grade elevation of the FIRM base flood elevation, or at least two (2) feet if there is no FIRM base elevation of the adjacent grade. Prior to issuance of building permit, the pad elevation shall be certified by a registered professional engineer or surveyor. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor. The certification shall be prepared on FEMA's Elevation Certification Form and submitted to the Floodplain Administrator. 3. Nonresidential construction shall either be elevated to conform with Section 15.12.150 C.1 or C.2 "Elevation and Flood -Proofing" or together with attendant utility and sanitary facilities: a. Be flood -proofed so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered professional engineer or architect that the standards of this subsection have been satisfied. Such certifications shall be prepared on FEMA's standard form and submitted to the Floodplain Administrator. 4. Require (for all new construction and substantial improvements with fully enclosed areas below the lowest floor) that areas, usable solely for parking of vehicles, building access or storage, and in an area other than a basement, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria. a. Either have a minimum of two (2) openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding, have the bottom of all openings no higher than one (1) foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provide that they permit the automatic entry and exit of floodwater); or b. Be certified by a registered professional engineer or architect in compliance to applicable flood -proofing standards approved by FEMA. 5. Manufactured homes shall so meet the standards in Section 15.12.180 "Standards for Manufactured Homes." 6. Garages and low-cost accessory structures. a. Attached garages. 1. A garage attached to a residential structure, constructed with the garage floor slab below the base flood elevation (BFE) must be designed to allow for the automatic entry of flood waters. See Section 15.12.150 C.3 "Elevation and Flood -Proofing." Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 15.12.150 B "Construction Materials and Methods." 2. A garage attached to a nonresidential structure must meet the above requirements or be dry -proofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB -6. b. Detached garages and accessory structures. 1. "Accessory structure" used solely for parking (2 -car detached garages or smaller) or limited storage (small, low-cost sheds), as define in Article II "Definitions," may be constructed such that its floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements: (a) Use of the accessory structure must be limited to parking or limited storage; (b) The portion of the accessory structure below the BFE must be built using flood -resistant materials; (c) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement; (d) Any mechanical and utility equipment in an accessory structure must be elevated or flood -proofed to or above the BFE; (e) The accessory structure must comply with floodplain encroachment provisions in Section 15.12.200 "Floodways;" and The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 15.12.150 C.3 "Elevation and Flood -Proofing." 2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with the applicable standards in this section. (f) 15.12.160 STANDARDS FOR UTILITIES A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. C. Other utilities are addressed in Sections 15.12.150 B "Construction Materials and Methods" and 15.12.170 D "Standards for Subdivisions." 15.12.170 STANDARDS FOR SUBDIVISIONS A. All preliminary subdivision proposals shall identify the flood hazards area and the elevation of the base flood. B. All subdivision plans shall provide the elevation of proposed pad(s) and structure(s). The pad elevation(s) shall be elevated to a minimum of one (1) foot above the FIRM base flood elevation and shall be certified by a registered professional engineer or surveyor and submitted to the Floodplain Administrator. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor. The certification shall be prepared on FEMA's Elevation Certification Form and submitted to the Floodplain Administrator. C. All subdivision proposals shall be consistent with the need to minimize flood damage. D. All subdivision proposals have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. E. All subdivisions shall provide adequate drainage provisions and improvements to reduce exposure to flood hazards. 15.12.180 STANDARDS FOR MANUFACTURED HOMES A. All manufactured homes that are placed or substantially improved within a special flood hazard area on the community's FIRM 1) outside of a manufactured home park or subdivision, 2) in a new manufactured home park or subdivision, 3) in an expansion to an existing manufactured home park or subdivision and/or 4) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood must: 1. Be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to a minimum of one (1) foot above the FIRM base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of Section 15.12.180 A "Standards for Manufactured Homes" above will be elevated so that either: 1. The lowest floor of the manufactured home is elevated to a minimum of one (1) foot above the FIRM base flood elevation; or 2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement. C. All manufactured homes to be placed or substantially improved on sites within Zones V1-30, V and VE on the community's FIRM shall meet the applicable standards of items A and B above. 15.12.190 STANDARDS FOR RECREATIONAL VEHICLES All recreational vehicles placed on sites within a floodplain shown on the community's FIRM shall either: A. Be on the site for fewer than 180 consecutive days; B. Be fully licensed and ready for highway use; or C. Meet the permit requirements of Article IV "Administration" of this chapter and the elevation and anchoring requirements for manufactured homes in Section 15.12.180 "Standards for Manufactured Homes." 15.12.200 FLOODWAYS Located within areas of special flood hazard established in Section 15.12.070 "Basis for Establishing the Areas of Special Flood Hazard" are areas designated as floodways. Since the floodway is extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply: A. Prohibit encroachments including fill, new construction, substantial improvement and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood level during the occurrence of the base flood discharge. B. If subsection A of this section (above) is satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Article V "Provisions for Flood Hazard Reduction" of this chapter. 15.12.210 RESERVED 15.12.220 MUDSLIDE (i.e., MUDFLOW) — PRONE AREAS A. The Floodplain Administrator shall review permits for proposed construction of other developments to determine if they are proposed within a mudslide area. B. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to: 1. The type of quality of soils; 2. Evidence of ground water or surface water problems; 3. The depth and quality of any fill; 4. The overall slope of the site; and 5. The weight that any proposed development will impose on the slope. C. Within areas which have mudslide hazards, the following requirements apply: 1 A site investigation and further review shall be made by persons qualified in geology and soils engineering; 2. The proposed grading, excavation, new construction and substantial improvement shall be adequately designed and protected against mudslide damages; 3. The proposed grading, excavations, new construction and substantial improvement shall not aggravate the existing hazard by creating either onsite or offsite disturbances; and 4. Drainage, planting, watering and maintenance shall not endanger slope stability. D. Within Zone M on the FIRM, the community shall adopt a drainage ordinance which at least complies with the standards of the California Building Code: 1. The location of foundation and utility systems of new construction, substantial improvement and other proposed new development; 2. The location, drainage and maintenance of all excavations, cuts and fills and planted slopes; 3. Protective measures including, but not limited to, retaining walls, buttress fills, sub -drains, diverter terraces, benching, etc.; and 4. Engineering drawings and specifications to be submitted or all corrective measures, accompanied by supporting soils engineering and geology reports. 15.12.230 FLOOD -RELATED EROSION -PRONE AREAS A. The Floodplain Administrator shall require permits for proposed construction and other development within all flood -related erosion -prone areas as known to the community. B. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood -related erosion and will not cause flood -related erosion hazards or otherwise aggravate the existing hazard. C. If a proposed improvement is found to be in the path of flood -related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. D. Within Zone E on the FIRM, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood -related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structure, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. Article VI Variance Procedure 15.12.240 NATURE OF VARIANCES A. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. Though these standards vary from jurisdiction to jurisdiction, in general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants or the property owners. B. It is the duty of the City Council to help protects its citizens from flooding. This need is so compelling; and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. 15.12.250 APPEAL BOARD A. The City Council of the City shall hear and decide appeals and requests for variances from the requirements of this chapter. B. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. C. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger of life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area; 9. The safety of access to the property in time of flood for ordinary and emergency vehicles; 10.The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and 11.The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. D. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The Floodplain Administrator shall maintain a record of all variance actions including justification(s) for their issuance. 15.12.260 CONDITIONS FOR VARIANCES A. Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of one- half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Article IV "Administration" and Article V "Provisions for Flood Hazard Reduction" of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of "Historic Structures" (as defined in Article II "Definitions" of this chapter) upon determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" (as defined in Article II "Definitions" of this chapter), considering the flood hazard to afford relief. E. Variances shall only be issued upon: 1 a showing of good and sufficient cause; 2. a determination that failure to grant the variance would result in exceptional "hardship" (as defined in Article II "Definitions" of this chapter) to the applicant; and 3. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create "nuisances" (as defined in Article II "Definitions" of this chapter), cause "fraud or victimization" (as defined in Article II "Definitions" of this chapter) of the public, or conflict with existing local laws or ordinances. F Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Section 15.12.260 E "Conditions for Variances" are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. G. Upon consideration of the factors of Section 15.12.250 C "Appeal Board" and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter." Section 5. The City Council has determined that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance may have a significant effect on the environment, as the regulations herein protect against detrimental impacts on the environment by minimizing the impacts of flood damage and instituting effective floodplain management. This Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 6. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court or competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 8. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council Members voting thereon, it shall be published in a newspaper published and circulated in said City. 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 9th day of April, 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 , 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk REQUESTS TO SPEAK City Council Meeting 04/09/13 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 Subject A 644.,_ '2 Gc- A I wish to speak on Agenda Item No. ❑ For } Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: LC' E7 / c✓` Address: City/State/Zip Phone: ( W, Liber - G' . sL If you are representing an organization or group, please give the name: 1 Date REQUEST TO SPEAK .2 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. /FA Subject KX _ Q.,e ' wr,' � �w'� tLA., `"l nFor Against nPublic Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional - I wish to speak on Agenda Item No. Address: ' City/State/Zip +h a. 9- 2- S If you are representing an organization or group, please give the nam 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 /lfl3 Subject ytn..ir,; •Qnp C A4 . ::$! awl& I wish to speak on Agenda Item No. nFor HAgainst ,n Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: --1"7-7/7 Ne' Phone: , Address: City/State/Zip l f« S y' z If you are representing an organization or group, please give the name: X;t..r.gew; s ; 69z��dt ' 1/4 /l» Acio2c cJ Ttf 6V -57-1rG 41:0--. 3 REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date 444 `J I wish to speak on Agenda Item No. Subject 434LXM fMIA +orkv-tivvoof For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. LT\1 f'4) o Phone: Name: Address: City/State/Zip If you are representing an organization or group, please give the name: 1-t 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. fc,,/3 Subject s(`L) ucs(Vs rc-07 I wish to speak on Agenda Item No. ❑ For n Against .F4 Public Comment Please note that all information presented at a City Council meeting becomes public record. l /j All information provided is optional. Name:-C-6.9.Sc f X /rk 1} 4 K(4 /L Phone: Address: City/State/Zip re- 4•66-(//03- C 2 SSS -_ If you are representing an organization or group, please give the name: 5 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 / - 9 " (3 I wish to speak on Agenda Item No. Subject S r'd G Li/a, ( (� ❑ For ❑ Against p" Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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[(1 r Date Li7/ I /I I wish to speak on Agenda Item No. C, 1)(r1 MUTT-- i Subject For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: L„C u 1 �(�,�� Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: Sum;-+ Q . S3 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 For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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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. q/y/ Subject //ln j,0 For Against Public Comment I wish to speak on Agenda Item No. Piee note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: Jd'I'l 11 (Pic Phone: , Address: City/State/Zip (Al, 161.1111) CA. q2575 If you are representing an organization .r group, please give the name: 5/eet/It- 11 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 DFor Against 1 wish to speak on Agenda Item No. r_poss .6k ) Ki:ublic Comment Please note that all information presented at a City Council meeting becomes public record. All information prov'ded is optional. 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Please go to the public podium and staff your name for the record. /7 • I wish to speak on Agenda Item No. For Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: DR, CEo,Q oTL /P /1,{3A c-/! Phone: Address: - City/State/Zip l c ' 4, c 9Z, -5-r2, If you are representing an organization or group, please give the name: REQUEST T6 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. ' / / )f)C Date / — c) I wish to speak on Agenda Item No. Subject 1 " G CA dM ®F L iacz / ROAini soy', % ,v Qv/Z O( /EL J/V t nFor n Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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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. Name: Address: Phone: City/State/Zip If you are representing an organization or group, please give the name: 1 Date REQUEST Tb 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 spe on Agenda Item No. 1,/ c Subject .�%- y r c — For Against Public Cgmment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 4.)/ Phone: Name: 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. 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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 y/� l3 I wish to speak on Agenda Item No. Subject A/0 nFor Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name:J�p.4•14c ti Address: — — City/State/Zip Phone: If you are representing an organization or group, please give the name: 5 REQUEST Tb SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date (/ I wish to speak on Agenda Item No. I � 4 e1X /y/V/i)'t' Subject y /.3 For Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record // All inform, 1,n provided is optional. Address: �� `(City/State/Zip /, / /4- 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.017 Subject 1 — /� "0 2 / i ❑ For Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional /7 Name:,�„A.• //) Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: .7 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. ,-r1?((3 I wish to speak on Agenda Item No. Subject ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: ((Ogg Address: Phone: City/State/Zip - If you are representing an organization or group, please give the name: DOCUMENTS SUBMITTED FOR THE RECORD r RU — 486 SYNOPSIS 47t7?// 3 - l's Chemical or "medical''are done on women up to 63 days gestation (nine weeks). Babies at this stage of development are fully physically formed, with every organ functioning, and are now about one inch long. They have hands and feet that reach and grasp; they are active, animated and suck their thumbs. These children's hearts have been beating for 6 weeks, they have measurable brain waves, they think, respond to light sound stimuli, and can feel pain. The RU-486 chemical abortion procedure consists of two drugs, both powerful artificial steroids, given in succession. The first, Mifeprex works by defeating placental function, causing the infant to suffocate from lack of nutrients and oxygen. Misoprostol, the second drug then causes the baby to be expelled through prolonged labor contractions These drugs fail to provide complete abortion in about 10% to 20% of cases, which then necessitates follow up surgery. (source- «ww.ru486facts.oro.) THE PROCEDURE: On The First Office Visit — An exam. is performed on the patient, a medical history and consent is obtained to proceed. The patient must agree to a surgical abortion in the event that the chemical abortion fails. The patient ingests an artificial steroid, mifepristone (Mifeprex) and should agree to later watch for fetal death confirmation (a body usually in the toilet). She then goes home under this drug's influence. On The Second Office Visit — Two days later the patient returns to the office with evidence of her babies death. If she cannot confirm death and expulsion, a second powerful steroid drug, misoprostol, is given which induces strong prolonged cramping and vaginal bleeding. She then goes home under this drug's influence. On The Third Office Visit — Two weeks later the patient returns for evaluation of her abortion. If fetal death and evacuation determined by confirming evidence (a dead body complete with pregnancy supporting tissues) cannot be shown; she will be scheduled to undergo a follow up surgical abortion, incurring its additional risks. (source- West End Medical Group abortion clinic, wvtiwww.abortion.cc) THE COMPLICATIONS: 1. The patient will always deliver a dead fetus and pregnancy tissue in any place at any time. The patient may incur extended psychological trauma and extensive prolonged emotional/spiritual distress from the realities of this procedure. 2. The patient is expected in all cases to experience prolonged pain, cramping, and heavy vaginal bleeding. 3. Other normal consequences include nausea, vomiting, diarrhea, chills and fever. 4. Other less common but more dangerous potential side effects include infection, unabated bleeding requiring transfusion, incomplete abortion, retained fetal parts, pulmonary embolisms, cardiac arrest, pelvic inflammatory disease, and death. (source- National Abortion Foundation, '\'\.'\, \A.ru486facts.orL; www.abortion.cc;