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042313 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 23, 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) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for the acquisition of the real property commonly known as 27499 Commerce Center Drive, Temecula, California, and identified as Assessor's Parcel Number 921-480-031 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Jim and Terri McGill dba Ranch Muffler. The City's negotiators are Greg Butler and Amer Attar. The negotiators for the property owners are Jim and Terri McGill. Under negotiation are the price and terms of purchase. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding three parcels owned by Front St. - Service Station, L.P. consisting of approximately 1.194 acres (ARCO AM/PM) for the Interstate 15/State Route 79 South Ultimate Interchange, Project Number PW04-08. The subject properties are commonly known as 44987 Old Town Front Street, City of Temecula, California, and are identified as Riverside County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059. The negotiating parties are the City of Temecula and Front St. - Service Station, L.P.. The City negotiators are Greg Butler and Amer Attar. The negotiator for Front St. - Service Station, L.P. is Hagop Kofdarali, General Partner. Under negotiation are the price and terms of purchase. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Mayor Mike Naggar Next in Order: Ordinance: 13-06 Resolution: 13-23 Prelude Music: Pauba Valley Elementary School 5th graders 1 Invocation: Reverend Robert A. Nagy, Oblate OSB of Saint Thomas of Canterbury Episcopal Church Flag Salute: To Be Announced ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Rebecca Clossick for earning the Girl Scout Gold Award Mental Health Month Proclamation Travel and Tourism Week in Temecula Proclamation 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 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of April 9, 2013. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approval of Plans and Specifications, and Authorization to Solicit Construction Bids for the Temecula Community Center Renovation Project, PW12-01 RECOMMENDATION: 4.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Temecula Community Center Renovation Project, PW12-01; 4.2 Make a finding that this work is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 5 Approval of Plans and Specifications, and Authorization to Solicit Construction Bids for the Old Town Temecula Community Theater Remediation Project, PW12-04 RECOMMENDATION: 5.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Old Town Temecula Community Theater Remediation Project, PW12-04; 5.2 Make a finding that this work is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 6 Payment of the City of Temecula's share of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2012-13 RECOMMENDATION: 6.1 Approve payment to Riverside County Flood Control District (RCFCD) in the amount of $542,076.48, which is the City of Temecula's portion of the cost- sharing reimbursement pursuant to the Implementation Agreement between the permittees of the Santa Margarita Watershed (SMW). 3 7 Approval of Plans and Specifications, and Authorization to Solicit Bids for Citywide Repainting of Traffic Striping RECOMMENDATION: 7.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit bids for Citywide Repainting of Traffic Striping; 7.2 Make a finding that this work is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 8 Support of the Governor's Commitment to Lake Perris and the Lake Perris State Recreation Area, and urging other Cities in Southern California to do the same (at the request of Mayor Naggar) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE GOVERNOR'S COMMITMENT TO LAKE PERRIS AND THE LAKE PERRIS STATE RECREATION AREA, AND URGING OTHER CITIES IN SOUTHERN CALIFORNIA TO DO THE SAME 9 Second reading of Ordinance No. 13-03 RECOMMENDATION: 9.1 Adopt an ordinance entitled: ORDINANCE NO. 13-03 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) 4 10 Second reading of Ordinance No. 13-04 RECOMMENDATION: 10.1 Adopt an ordinance entitled: ORDINANCE NO. 13-04 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 11 Second reading of Ordinance No. 13-05 RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 13-05 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 ******************** 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. 12 Action Minutes RECOMMENDATION: 12.1 Approve the action minutes of April 9, 2013. 13 TCSD Proposed Rates and Charges for Fiscal Year 2013-14 RECOMMENDATION: 13.1 Adopt a resolution entitled: 6 RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2013-14 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, May 14, 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. 14 Approval of the 2013-2014 Annual Action Plan which includes the Community Development Block Grant (CDBG) funding recommendations for Fiscal Year 2013-14 RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2013-2014 ANNUAL ACTION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING THE PROPOSED USE OF FUNDS FOR FISCAL YEAR 2013-14 CITY COUNCIL BUSINESS 15 Resolution in Support of Establishing a "Larry Robinson Murder Reward Fund" (at the request of Mayor Naggar) RECOMMENDATION: 15.1 Approve Larry Robinson Reward Fund Revenue in the amount of $25,000; 15.2 Approve a budget appropriation in the amount of $25,000 from General Fund balance unassigned; 15.3 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT AND DISTRIBUTION OF A REWARD FUND FOR PERSONS WHO FURNISH INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON OR PERSONS WHO CAUSED THE DEATH OF LARRY ROBINSON ON MARCH 22, 2013 9 DEPARTMENTAL REPORTS 16 Community Development Department Monthly Report 17 City Council Travel/Conference Report -March 2013 18 Public Works Department Monthly Reports CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, May 14, 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.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 10 PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends' the outstanding achievement of Rebecca Clossick We congratulate Rebecca for receiving the Girl Scout Gold Award, which is the highest earned recognition in Girl Scouting. We are proud of Rebecca's accomplishment and wish her success in her future goals. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-third day of April, 2013. Michael S. Naggar, Mayor Susan W. Jones City Clerk The City of Temecula PROCLAMA TION WHEREAS, mental illness can impact anyone, regardless of age, background, employment, education, and income level; and WHEREAS, many treatments for serious mental illnesses, in combination with treatment and recovery supports, are highly effective allowing people to maintain their quality of life and their involvement with their families and communities; and WHEREAS, the National Institute of Mental Health reports that one in four adults — approximately 57.7 million Americans — experience a mental health disorder in a given year and that half of all Americans experience a mental disorder at some time in their lives; and WHEREAS, the United States Surgeon General reports that 10 percent of children and adolescents in the United States suffer from serious emotional and mental disorders that cause significant functional impairment; and WHEREAS, the Riverside County Mental Health Board is presenting "Live Life Well", a mental health fair on May 16, 2013, at Fairmont Park in Riverside, in support of the May is Mental Health Month observance; and WHEREAS, encouraging awareness of mental health issues and promoting wellness and recovery for those with mental health needs are important values for every community. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim the month of May, 2013, to be "Mental Health Month" to signify its support of greater awareness of mental health issues and joins with the Riverside County Mental Health Board in its observance of May is Mental Health Month. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty-third day of April, 2013. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, travel matters to the Nation's economic prosperity and its image abroad, to business wealth, and to individual travelers; and WHEREAS, travel is a catalyst that moves the national economy forward; and WHEREAS, leisure travel, which accounts for more than three-quarters of all trips taken in the United States spurs countless benefits to travelers' creativity, cultural awareness, education, happiness, productivity, relationships, and wellness; and WHEREAS, meetings, events, and incentive travel are core business functions that help companies strengthen business performance, averaging a return on investment of $12.50 in profits and $3.80 in revenue for every dollar spent on corporate travel; and WHEREAS, travel is among the largest private -sector employers in the United States, supporting 14.4 million jobs in 2011, including 7.5 million directly in the travel industry and 6.9 million in other industries; and WHEREAS, Temecula, California, earned a total of 597.8 million dollars in travel spending in the 2011. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim May 4 through May 12, 2013 to be "Travel and Tourism Week in Temecula" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty-third day of April, 2013. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET APRIL 9, 2013 — 7:00 PM 6:00 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The City Council will meet in closed session with 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. At 6:00 P.M., Mayor Naggar called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Susan Miyamoto Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Steven Whelan 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 Action Minutes 040913 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Ed Elder • Ed Day • Jimmy Moore • Linda McDonald • Josephine Baxter • Kimberly Reyes • Michael Baxter • Paul Jacobs • Tim Cash • Pia Maffei • Brian Connors • Matt Stone • Wayne Hall CITY COUNCIL REPORTS CONSENT CALENDAR Ernie White addressed the City Council on Item 3. 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. RECOMMENDATION: 2.1 Approve the action minutes of March 26, 2013. 3 List of Demands — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. Action Minutes 040913 2 RECOMMENDATION: 3.1 Adopt a resolution entitled RESOLUTION NO. 13-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of February 28, 2013 — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. 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 — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. 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 — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. 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 Organ Donation Registry in the City of Temecula (at the request of Mayor Naggar) — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. Action Minutes 040913 3 RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 13-22 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 — Approved Staff Recommendation (4-0-1-1, Council Member Comerchero absent and Council Member Washington abstained, due to his company doing business with the Balloon and Wine Festival) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one abstention and one absence. 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. 9 First Amendment to the Utility Agreement with Verizon for Phase I of the French Valley Parkway/Interchange Project, PW07-04 — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. 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 — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. 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; Action Minutes 040913 4 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 — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. 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) — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. 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. 13 Tract Map 29661 (located on the south side of Murrieta Hot Springs Road west of Butterfield Stage Road) — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. 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. Action Minutes 040913 5 14 Tract Map 29661-1 (located on the south side of Murrieta Hot Springs Road west of Butterfield Stage Road) — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. 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 At 8:04 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:13 P.M., the City Council resumed with the remainder of the Public Comments and the Consent Calendar. 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 — Approve staff recommendation to continue the public hearing off calendar (4-0-1, Council Member Comerchero absent) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 17.1 Continue off calendar. Dr. George Rombach addressed the City Council on this item. 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 — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. Action Minutes 040913 6 RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13-03 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) By way of a Power Point presentation, Director of Community Development, Patrick Richardson and City Attorney Thorson presented the staff report as per agenda material. City Attorney Thorson introduced and read by title only Ordinance No. 13-03. The following individuals addressed the City Council on this item: • Linda McDonald • Kathy Vining • Ernie White • Carol Monroe • Dr. George Rombach • Stella Stephens • Lornia Bennett • Bret Kelley 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 — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Roberts made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13-04 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 Attorney Thorson introduced and read by title only Ordinance No. 13-04. Action Minutes 040913 7 At 9:58 the Mayor moved to extend the meeting to 10:25 P.M. CITY COUNCIL BUSINESS 20 Amendment to Ordinance No. 91-12 (Flood Damage Prevention Ordinance) — Approved Staff Recommendation (4-0-1, Council Member Comerchero absent) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. RECOMMENDATION: 20.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13-05 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 City Attorney Thorson stated there were no reportable actions under the Brown Act for Closed Session. ADJOURNMENT At 10:19 P.M., the City Council meeting was formally adjourned to 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. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 040913 8 Item No. 3 Approvals City Attorney Director of Finance City Manager M -r. OtOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Director of Finance DATE: April 23, 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 $2,137,180.05. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd 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 23rd 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 03/28/2013 TOTAL CHECK RUN $ 310,561.42 04/04/2013 TOTAL CHECK RUN 1,418,642.02 03/28/2013 TOTAL PAYROLL RUN: 407,976.61 TOTAL LIST OF DEMANDS FOR 04/23/2013 COUNCIL MEETING: $ 2,137,180.05 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 429,064.73 135 BUSINESS INCUBATOR RESOURCE 66.15 140 COMMUNITY DEV BLOCK GRANT 926.96 150 AB 2766 FUND 1,678.74 165 SARDA AFFORDABLE HOUSING 9,578.30 190 TEMECULA COMMUNITY SERVICES DISTRICT 133,203.92 192 TCSD SERVICE LEVEL B 168.33 194 TCSD SERVICE LEVEL D 1,810.01 195 TCSD SERVICE LEVEL R 1,640.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 2,417.53 197 TEMECULA LIBRARY FUND 11,726.97 210 CAPITAL IMPROVEMENT PROJECTS FUND 980,672.72 300 INSURANCE FUND 3,861.06 320 INFORMATION TECHNOLOGY 62,892.06 330 SUPPORT SERVICES 7,874.01 340 FACILITIES 27,484.49 375 SUMMER YOUTH EMPLOYMENT PROGRAM 180.57 380 SARDA DEBT SERVICE FUND 4,300.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 63.64 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 6,972.68 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 50.64 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 9.31 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,642.73 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 43.07 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 26.42 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 8,230.52 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.68 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 7.79 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 5.32 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 9,715.90 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 24.83 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 14.30 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 12.52 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 217.69 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2.54 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,464.78 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 57.74 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 766.44 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 6,548.14 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 6.32 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.90 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 9,633.76 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 48.03 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 30.45 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6.90 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 1,001.97 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 43.88 $ 1,729,203.44 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 268,098.24 140 COMMUNITY DEV BLOCK GRANT 1,344.83 165 SARDA AFFORDABLE HOUSING 7,201.09 190 TEMECULA COMMUNITY SERVICES DISTRICT 88,230.29 192 TCSD SERVICE LEVEL B 269.16 194 TCSD SERVICE LEVEL D 2,767.34 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 458.92 197 TEMECULA LIBRARY FUND 1,262.78 300 INSURANCE FUND 1,491.31 320 INFORMATION TECHNOLOGY 17,715.93 330 SUPPORT SERVICES 4,910.84 340 FACILITIES 10,530.59 375 SUMMER YOUTH EMPLOYMENT PROGRAM 1,389.03 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 84.69 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 56.80 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 67.49 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.31 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 136.90 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.80 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 35.19 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 232.33 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.38 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.53 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.16 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 155.13 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 33.09 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.16 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.79 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 38.58 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.39 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 143.65 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 76.91 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 208.39 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 352.35 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.44 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.27 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 198.24 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 63.89 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.92 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.27 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 292.29 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.92 407,976.61 TOTAL BY FUND: $ 2,137,180.05 apChkLst Final Check List Page: 1 03/28/2013 2:14:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2135 03/28/2013 010349 CALIF DEPT OF CHILD Support Payment 1,626.44 1,626.44 SUPPORT 2136 03/28/2013 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 4,920.88 4,920.88 303355 2137 03/28/2013 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,917.36 2,917.36 SOLUTION 2138 03/28/2013 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 10,589.01 10,589.01 SOLUTION 157363 03/28/2013 011347 AFS INC veh maint svc/parts: pw street maint veh maint svc/parts: pw street maint veh maint svc/parts: pw street maint 157364 03/28/2013 015667 AVEY, SHARON C. Performance:history museum 157365 03/28/2013 011954 BAKER & TAYLOR INC 157366 03/28/2013 013482 BAS SECURITY 157367 03/28/2013 012334 BEILE, MATTHEW 157368 03/28/2013 012583 BLANCA Y PRICE 157369 03/28/2013 014299 BOOKS ON TAPE 157370 03/28/2013 014825 BREWER, ELSA 157371 03/28/2013 007488 CALIPER CORPORATION 157372 03/28/2013 014726 CHAPTER 13 STANDING TRUSTEE 157373 03/28/2013 004405 COMMUNITY HEALTH CHARITIES 400.00 400.00 400.00 1,200.00 150.00 150.00 credit:Library - misc bks, ref materials -135.01 LIBRARY- MISC BOOKS, REFERENCE M 737.72 LIBRARY- MISC BOOKS, REFERENCE M 3,250.36 3,853.07 Security srvcs:bluegrass festival 750.00 750.00 computer loan program 1,944.79 1,944.79 Ldscp plan check/inspection:planning 14,305.00 14,305.00 Books on tape:Library 68.85 credit:billing adj:Inv#1185986245 -68.70 Books on tape:Library 58.32 Books on tape:Library 64.80 credit:billing adj:books on tape:Library -32.40 90.87 Theater performance 4/5 400.00 400.00 TransCAD software:pw traffic:Pina, A. 1,296.00 1,296.00 SUPPORT PMT 182.77 182.77 Community Health Charities Payment 44.00 44.00 Pagel apChkLst Final Check List Page: 2 03/28/2013 2:14:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157374 03/28/2013 000442 COMPUTER ALERT SYSTEMS Alarm monitoring:temecula marine ctr 157375 03/28/2013 002945 CONSOLIDATED ELECTRICAL misc electrical supplies:old town DIST. 157376 03/28/2013 013379 COUSSOU, CELINE 157377 03/28/2013 010650 CRAFTSMEN PLUMBING & HVAC INC 157378 03/28/2013 015678 CULVINER, KATHLEEN TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 165.00 165.00 297.00 297.00 112.00 220.50 73.50 restroom improvements: crc 6,080.00 406.00 multi-purpose room imprvmnts: crc 3,790.00 kitchen improvements: crc 7,630.00 17,500.00 refund: lost materials:Library 7.99 7.99 157379 03/28/2013 014580 DANCE THEATRE COLLECTIVE Settlement:danceXchange 3/19 157380 03/28/2013 003945 DIAMOND ENVIRONMENTAL SRVCS 157381 03/28/2013 001056 EXCEL LANDSCAPE PORTABLE RESTROOMS:CSD EVENT:ROD RUN PORTABLE RESTROOMS:CSD EVENT:RI PORTABLE RESTROOMS:BLUEGRASS F irrigation repair: wolf creek slope IRRIGATION REPAIR SVCS: VILLAGES SI irrigation repair srvcs: villages slope irrigation repair: wolf crk trail park 157382 03/28/2013 010804 FEHR & PEERS ASSOCIATES JAN CONSULTING SVCS:JEFFERSON CORRIDOR 136.50 136.50 76.20 76.20 562.40 714.80 459.02 412.62 470.69 400.00 1,742.33 5,268.75 5,268.75 157383 03/28/2013 011145 FOSTER, JILL CHRISTINE TCSD instructor earnings 646.80 TCSD instructor earnings 2,352.00 TCSD instructor earnings 1,437.33 TCSD instructor earnings 2,254.00 TCSD instructor earnings 71.87 6,762.00 157384 03/28/2013 008710 FOURTH STREET ANTIQUES Artifacts:history museum 210.52 210.52 157385 03/28/2013 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 135.00 135.00 157386 03/28/2013 015683 GALLEGOS, STEVE reimb:2013 annual incident mgmt trng 288.78 288.78 157387 03/28/2013 013076 GAUDET, YVONNE M. TCSD instructor earnings 323.40 323.40 Page2 apChkLst Final Check List Page: 3 03/28/2013 2:14:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157388 03/28/2013 000177 GLENN IES OFFICE PRODUCTS INC 157389 03/28/2013 009608 GOLDEN VALLEY MUSIC SOCIETY 157390 03/28/2013 015679 GONZALEZ, ANA 157391 03/28/2013 014402 GROEPPER, BROOKE ELIZABETH 157392 03/28/2013 000186 HANKS HARDWARE INC 157393 03/28/2013 001517 HEALTH & HUMAN RESOURCE CTR 157394 03/28/2013 001135 H EALTH POINTE MEDICAL GROUP INC 157395 03/28/2013 013749 HELIXSTORM INC. 157396 03/28/2013 013615 HERNANDEZ, HEATHER M. Description Amount Paid Check Total MISC OFC SUPPLIES:FINANCE 100.59 misc ofc supplies:planning MISC OFC SUPPLIES:B&S DEPT misc ofc supplies:central svc Misc ofc supplies: City Clerk Misc office supplies:crc Misc tools & equip:info tech Thermal paper:Library Misc office supplies: Records Misc ofc supplies:TCSD Admin 353.98 135.78 118.97 225.71 150.47 110.15 317.20 203.05 598.31 2,314.21 Conductor svcs:theater pert 2/23 200.00 Settlement:Classics... Merc:Mar 2013 (4) 1,122.80 1,322.80 refund:lost materials:Library 11.99 11.99 TCSD instructor earnings 1,724.80 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 45.73 4,168.27 2,874.67 8,813.47 misc maint supplies:aquatics pgrm 88.71 misc maint supplies:Library 236.97 misc maint supplies:CRC 328.36 misc maint supplies:civic center 297.72 misc maint supplies:maint facility 3.87 MISC MAINT SUPPLIES: HIST MUSEUM 1241 misc maint supplies: TCC 4941 misc maint supplies: pw street maint 827.28 misc maint supplies:children's museum 91.75 misc maint supplies: MPSC 64.29 misc maint supplies: old town theater 13.45 Misc supplies:pw traffic div 138.44 misc maint supplies: var park sites 1,153.80 3,306.46 Employee assistance prgm:HR 664.40 664.40 Emp industrial care srvcs:HR 25.00 25.00 tech consulting srvcs:info tech dept 548.39 548.39 TCSD Instructor Eamings 1,750.00 1,750.00 Pages apChkLst Final Check List Page: 4 03/28/2013 2:14:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157397 03/28/2013 010210 HOME DEPOT SUPPLY INC, TH E 157398 03/28/2013 003198 HOME DEPOT, THE 157399 03/28/2013 014045 HOT ROD LINCOLN 157400 03/28/2013 002701 HUB INT'L INSURANCE SERVCS INC 157401 03/28/2013 015315 HYLAND SOFTWARE, INC. Description Amount Paid Check Total misc maint supplies: civic center 52.92 misc maint supplies: civic center 111.63 164.55 MISC SUPPLIES:SPEC EVENT:FAMILY 77.92 77.92 FUN NIGH Performance:rod run event 3/9 1,500.00 1,500.00 Jan '13 special events premiums 2,032.88 2,032.88 New Sire software maint:info tech 249.50 249.50 157402 03/28/2013 011228 INLAND PLANNING AND JAN CONSULTINGSRVCS:JEFFERSON 2,200.00 DESIGN INC CORRIDOR FEB CONSULTING SVCS:JEFFERSON C( 2,100.00 4,300.00 157403 03/28/2013 006914 INNOVATIVE DOCUMENT Ink:wide format printer 215.94 SOLUTIONS Feb copier maint/repair/usage:citywide 3,919.77 FEB COPIER MAINT/REPAIR/USAGE:LIBF 372.05 4,507.76 157404 03/28/2013 003266 IRON MOUNTAIN OFFSITE Offsite media storage: Records 534.79 534.79 157405 03/28/2013 008761 JAIME, JUAN computer loan program 2,000.00 2,000.00 157406 03/28/2013 015673 JDS VIDEO & MEDIA production svcs:good daytemecula 1,000.00 1,000.00 PRODUCTIONS 157407 03/28/2013 015680 KELLY, REGINA refund:sec dep:rm rental:MPSC 200.00 200.00 157408 03/28/2013 015682 KIWANIS CLUB OF TEMECULA refund:sec dep:rm rental: CRC 200.00 200.00 157409 03/28/2013 014952 KOCH, LEE A. Performance: Theater 4/5 1,250.00 1,250.00 157410 03/28/2013 014817 LAPP, JEREMY SCOTT Settlement:Caberet...Merc 3/24 (2) 1,050.00 1,050.00 157411 03/28/2013 004412 LEANDER, KERRY D. TCSD instructor earnings 189.00 TCSD instructor earnings 7.88 196.88 157412 03/28/2013 004905 LIEBERT, CASSIDY& Jan HR legal svcs for TE060--00001 1,380.00 WHITMORE Jan HR legal svcs for TE060--00010 3,210.00 4,590.00 157413 03/28/2013 014228 LSK, LLC Apr facility lease pmt:harveston center 4,853.88 4,853.88 Page4 apChkLst Final Check List Page: 5 03/28/2013 2:14:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157414 03/28/2013 014184 MALCOLM SMITH MOTORCYCLES, INC Description Amount Paid Check Total VEH REPAIR & MAINT:POLICE 1,488.42 VEH REPAIR & MAINT:POLICE 959.64 VEH REPAIR & MAINT:POLICE 582.79 3,030.85 157415 03/28/2013 009541 MEYER AND ASSOCIATES Feb Theater remediation:PW CIP 58,858.00 58,858.00 157416 03/28/2013 015684 MORRISON, ALISA refund:sec dep:rm rental:Harveston 200.00 200.00 157417 03/28/2013 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: THEATER 16.61 DIV Business cards: Temecula Police PRINTING SRVCS: COUNCIL/CITY MGR': OFFICE SUPPLIES: TCSD ADMIN OFFICE SUPPLIES: TCSD ADMIN Business cards: P. Richardson OFFICE SUPPLIES: THEATER 157418 03/28/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Parks 157419 03/28/2013 013127 ON STAGE MUSICALS Meet Me at the Copa tckt sales 157420 03/28/2013 013198 ORTENZO-HAYES, KRISTINE TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 157421 03/28/2013 014379 PROFESSIONAL IMAGE STORAGE & MAINT:STREET BANNERS ADVERTISING 157422 03/28/2013 002012 R D 0 EQUIPMENT COMPANY 157423 03/28/2013 009818 R K ENGINEERING GROUP INC Misc parts & supplies:pw backhoe Misc parts & supplies:pw backhoe Misc parts & supplies:pw backhoe 50.63 58.34 49.31 121.49 121.29 45.62 463.29 1,075.10 1,075.10 4,700.00 4,700.00 537.60 235.20 302.40 537.60 525.00 560.00 2,697.80 5,837.40 5,837.40 783.56 143.63 146.88 1,074.07 Feb update traff analysis:rancho vista 1,050.00 Feb update constr analysis:rancho vista 1,489.00 2,539.00 157424 03/28/2013 002072 RANCHO CALIF WATER Deposit:plan ck/Ult Intrchg 2,000.00 2,000.00 DIST-FEES 157425 03/28/2013 004584 REGENCY LIGHTING misc electrical supplies: var park sites 705.93 705.93 157426 03/28/2013 009339 RIVERSIDE CO BUILDING & Jul -Dec '12 records:Bldg &Safety 18.00 18.00 SAFETY Pages apChkLst Final Check List Page: 6 03/28/2013 2:14:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157427 03/28/2013 000418 RIVERSIDE CO CLERK & RECORDER 157428 03/28/2013 001592 RIVERSIDE CO INFO TECHNOLOGY 157429 03/28/2013 000406 RIVERSIDE CO SHERIFFS DEPT 157430 03/28/2013 001365 RIVERSIDE COUNTY OF 157431 03/28/2013 015575 RIVERSIDE OFFICE SUPPLY, INC 157432 03/28/2013 004822 RIVERSIDE TRANSIT AGENCY 157433 03/28/2013 014591 ROLDAN FILMS 157434 03/28/2013 000815 ROWLEY, CATHY 157435 03/28/2013 002226 RUSSO, MARY ANNE 157436 03/28/2013 013827 RYAN MONTELEONE EXCAVATION INC 157437 03/28/2013 000278 SAN DIEGO UNION TRIBUNE 157438 03/28/2013 015677 SANTIAGO, FELICITAS 157439 03/28/2013 013376 SECURITY SIGNAL DEVICES INC 157440 03/28/2013 015457 SHAW HR CONSULTING, INC. 157441 03/28/2013 008529 SHERIFFS CIVIL DIV - CENTRAL 157442 03/28/2013 009213 SHERRY BERRY MUSIC 157443 03/28/2013 004498 SIEMENS INDUSTRY, INC. Description Amount Paid Check Total Exemption ntc:Flood Damage Prev Reg. Feb radio rental:police/park rangers Mtr veh inspect traff collision 4/8-12 Crime scene investigation 4/23-25 M.H. Basic criminal investigations 4/8-12 renew permit:theater Chairs:civic center training room Feb trolly svcs agreement DepositNideo taping srvcs:every 15 min TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings grading service level R: Liefer Rd credit:Feb legal advertising/planning Feb legal advertising:city refund:sec dep:rm rental:CRC install security camera: pennypickle smoke detector repairs: civic center Feb consultant srvcs:human resource SUPPORT PMT Jazz © the Merc 03/21/13 Nov st light maint srvcs: old town 50.00 932.11 347.00 122.00 179.00 578.00 610.24 1,678.74 1,600.00 420.00 336.00 514.50 1,640.00 -129.60 744.28 276.00 1,276.83 208.50 1,155.00 300.00 430.50 50.00 932.11 648.00 578.00 610.24 1,678.74 1,600.00 420.00 850.50 1,640.00 614.68 276.00 1,485.33 1,155.00 300.00 430.50 1,145.04 1,145.04 Pages apChkLst Final Check List Page: 7 03/28/2013 2:14:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157444 03/28/2013 004814 SIMON WONG ENGINEERING Feb const support srvcs:main st bridge INC 157445 03/28/2013 000645 SMART& FINAL INC MISC SUPPLIES:MPSC 157446 03/28/2013 000537 SO CALIF EDISON 7,420.13 7,420.13 96.90 96.90 Feb 2-29-974-7568:26953 Ynez TCI 136.21 Feb 2-28-331-4847:32805 Pauba rd LS3 100.37 Feb 2-31-693-9784:26036 Ynez TCI 377.07 Feb 2-27-560-0625:32380 Deerhollow 3,073.09 Feb 2-30-099-3847:29721 Ryecrest 24.45 Feb 2-33-357-5785:44747 Redhawk 27.48 Feb 2-30-296-9522:31035 Rancho vista 402.30 Feb 2-00-397-5059:33340 Camino piedra 10,168.85 14,309.82 157447 03/28/2013 001212 SO CALIF GAS COMPANY Feb 055-475-6169-5:PHBSP 172.96 172.96 157448 03/28/2013 000519 SOUTH COUNTY PEST pest control srvcs: various parks 49.00 49.00 CONTROL INC 157449 03/28/2013 012652 SOUTHERN CALIFORNIA Mar gen usage:0141,0839,2593,9306 498.14 498.14 157450 03/28/2013 005786 SPRINT JAN 26 -FEB 25 CELLULAR 4,674.79 4,674.79 USAGE/EQUIP 157451 03/28/2013 002015 STAR WAY PRODUCTIONS Audio services:Rod Run 3/8-9/13 1,525.00 1,525.00 157452 03/28/2013 009061 STURDIVANT, ANGELA P. TCSD Instructor Eamings 50.40 50.40 157453 03/28/2013 013387 SWEEPING UNLIMITED INC Mar sweeping srvcs: of parking garage 500.00 500.00 157454 03/28/2013 015676 SYKES, LINDA refund:sec dep:rm rental:Harveston 150.00 150.00 157455 03/28/2013 010924 T & D COMMUNICATIONS, INC. Cabling srvcs:info tech 3,145.26 3,145.26 157456 03/28/2013 000305 TARGET BANK BUS CARD Misc supplies: Skate Park 17.39 SRVCS Hospitality supplies: Theater 157457 03/28/2013 010493 TEMECULATOINNE CENTER Apr lease payment: pd mall office ASSOC LP 28.10 45.49 1,458.33 1,458.33 Page:7 apChkLst Final Check List Page: 8 03/28/2013 2:14:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157458 03/28/2013 011736 TEMECULA TROPHY INC Description Amount Paid Check Total AWARDS & RECOGNITION: M. BRUNSTING AWARDS & RECOGNITION:CSD PGRMS AWARDS & RECOGNITION: C. FOX Trophies:softball pgrm awards Name/title plates,nametags:council 91.80 16.20 37.80 307.26 53.35 506.41 157459 03/28/2013 015669 TEMECULA VALLEY Backflow test & certification:McCabe Ct. 324.00 324.00 BACKFLOW, INC. 157460 03/28/2013 009194 TEMECULA VALLEYNEWS Mar advertising: Theater 143.20 143.20 157461 03/28/2013 000306 TEMECULA VALLEY PIPE & irrigation/plumbing supplies:var parks 374.52 374.52 SUPPLY 157462 03/28/2013 004274 TEMECULA VALLEY SECURITY locksmith srvcs: maint facility 205.00 205.00 CENTR 157463 03/28/2013 012676 THERMAL SOLUTIONS INT'L Paper supplies:police traffic equip 449.50 449.50 157464 03/28/2013 000668 TIMMY D PRODUCTIONS INC Sound & tech srvcs:concert in park 3/9 950.00 950.00 157465 03/28/2013 013078 TOROK, LORI A. Performances:Temecula Presents 3/22-23 625.00 625.00 157466 03/28/2013 006192 TRISTAFF GROUP TEMP HELP W/E 03/10 P. LAULU 1,104.00 1,104.00 157467 03/28/2013 000325 UNITED WAY United Way Charities Payment 25.00 25.00 157468 03/28/2013 004261 VERIZON Febxxx-0074 general usage 2,755.60 Marxxx-5072 general usage 1,537.13 Feb xxx-0073 general usage 99.98 Marxxx-8165 alarm lines:Enterprise cir 94.00 Marxxx-8625 gen usage:Civic Center 94.00 4,580.71 157469 03/28/2013 004789 VERIZON Mar Internet svcs:Tem PD DSL Mar Internet svcs:Library Mar Internet svcs:Civic Center 157470 03/28/2013 001342 WAXIE SANITARY SUPPLY INC misc custodial supplies: civic center misc custodial supplies: civic center credit/custodial supplies: civic center 49.99 174.99 289.99 871.06 881.44 -860.53 514.97 891.97 Pages apChkLst Final Check List Page: 9 03/28/2013 2:14:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157471 03/28/2013 003730 WEST COAST ARBORISTS INC tree trim & removal: harveston slope tree trim & removal: winchest crk slope trim & remove trees: temeku hills slope tree trim & removals: various parks tree trim & removal: villages slope tree trim & removal: vail ranch slope 157472 03/28/2013 013556 WESTERN AUDIO VISUAL Portable video system:info tech 157473 03/28/2013 009512 WURMS JANITORIAL janitorial services:theater SERVICES, INC 9,485.00 6,930.00 4,081.00 2,139.00 3,612.00 6,284.00 32,531.00 9,878.20 9,878.20 55.00 55.00 Grand total for UNION BANK OF CALIFORNIA: 310,561.42 Page9 apChkLst Final Check List Page: 10 03/28/2013 2:14:44PM CITY OF TEMECULA 115 checks in this report. Grand Total All Checks. 310,561.42 Pagel 0 apChkLst Final Check List Page: 1 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2139 04/04/2013 000246 PERS (EMPLOYEES' RETIREMENT) 2140 04/03/2013 000283 INSTATAX (IRS) 2141 04/03/2013 000444 INSTATAX (EDD) 2142 04/04/2013 000246 PERS (EMPLOYEES' RETIREMENT) 157474 04/04/2013 011347 AFS INC 157475 04/04/2013 013367 ACTIVE MICRO INC Description Amount Paid Check Total PERS ER Paid Member Contr Payment Federal Income Taxes Payment State Disability Ins Payment 12/13 Survivor Benefits Premium veh maint srvc & parts: pw street maint misc tools & equip:pwtraffc div misc tools & equip:pwtraffc div 140,473.43 140,473.43 76,537.85 76,537.85 21,924.69 21,924.69 8,160.00 8,160.00 400.00 400.00 925.73 77.76 1,003.49 157476 04/04/2013 010904 AFECO INC Thermal imaging camera:Fire Stn 84 8,402.95 8,402.95 157477 04/04/2013 011322 AIR CLEANING SYSTEMS INC Plymovent maintenance: Sta 84 230.50 230.50 157478 04/04/2013 009374 ALLEGRO MUSICAL VENTURES Piano tuning & maint: Theater 185.00 185.00 157479 04/04/2013 006915 ALLIES PARTY EQUIPMENT CHAIR RENTAL:BLUEGRASS FESTIVAL 532.65 532.65 3/16-17 157480 04/04/2013 012943 ALPHA MECHANICAL SERVICE hvac inspections & repairs: theater 120.00 INC hvac maint srvcs: library hvac inspections & repairs: theater— replace a/c parts: senior center hvac repair srvcs: crc replace circuit board: hary comm rm 1,255.00 120.00 339.00 280.36 100.00 2,214.36 157481 04/04/2013 004422 AMERICAN BATTERY Battery replacement: Sta 84 1,447.56 1,447.56 CORPORATION 157482 04/04/2013 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 339.04 (AFN) DUI & drug screenings: Police 805.22 May Stand by fee:Police 1,248.00 DUI & drug screenings: Police 339.04 DUI & drug screenings: Police 657.28 3,388.58 157483 04/04/2013 000747 AMERICAN PLANNING 13/14APA mb: Fisk, Stuart 580.00 580.00 ASSOCIATION Pagel apChkLst Final Check List Page: 2 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157484 04/04/2013 013950 AQUA CHILL OF SAN DIEGO 157485 04/04/2013 011954 BAKER &TAYLOR INC Description Amount Paid Check Total maint svcs:drinking water sys:civic ctr drinking water systems: senior center Drinking water sys:fnance MISC BOOKS, REFERENCE MATERIALS:LIBRARY MISC BOOKS, REFERENCE MATERIALS: MISC BOOKS, REFERENCE MATERIALS: MISC BOOKS, REFERENCE MATERIALS: 157486 04/04/2013 013482 BAS SECURITY Security svcs:sam hicks park event 3/8-9 Mar Security srvcs: Harveston Lake 157487 04/04/2013 004040 BIG FOOT GRAPHICS 157488 04/04/2013 004262 BIO-TOX LABORATORIES Entertainment:egg hunt event 3/30 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings DUI & drug screenings: Police DUI & drug screenings: Police DUI & drug screenings: Police 176.04 33.48 27.00 286.63 27.88 203.63 965.17 187.00 1,564.00 300.00 1,820.00 136.50 595.00 840.00 560.00 1,792.14 1,023.80 236.52 1,483.31 1,751.00 3,691.50 3,375.94 157489 04/04/2013 014299 BOOKS ON TAPE Books on tape: Library 105.30 Books on tape: Library 368.94 474.24 157490 04/04/2013 014718 BURT, KRISTA A. TCSD Instructor Eamings 105.00 105.00 157491 04/04/2013 015590 BUSINESS CENTER CENTRAL, Identifier decals:police taxi pgrm 379.89 379.89 LLC 157492 04/04/2013 004462 C D W GOVERNMENT INC misc tools & equip:info tech 118.89 118.89 157493 04/04/2013 003138 CAL MAT PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS 157494 04/04/2013 015691 CALIFORNIA VIRTUAL refund:sec dep:rm rental:TCC ACADEMY 157495 04/04/2013 000131 CARL WARREN & COMPANY Feb Liability claims mgmt:finance INC 1,278.13 581.20 893.01 447.38 497.31 293.47 117.26 1,277.51 5,385.27 200.00 200.00 724.36 724.36 Page2 apChkLst Final Check List Page: 3 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157496 04/04/2013 004006 CARROLL, JOSEPH PHOTOGRAPHY SVCS:000NCIL 885.60 885.60 GROUP PHOTO 157497 04/04/2013 005417 CINTAS FIRST AID & SAFETY first aid kit supplies: various first aid kit supplies: Library first aid kit supplies: FOC first aid kit supplies: Theater 317.56 161.97 160.32 159.89 799.74 157498 04/04/2013 012627 CLEAR IMAGE ENTERPRISES window cleaning srvcs: Library 2,485.00 2,485.00 INC 157499 04/04/2013 015090 CLEARWATER SYSTEMS CORP hvac water syst maint srvcs: civic ctr 550.00 550.00 157500 04/04/2013 000447 COMTRONIX replace mobile radio:street maint div 952.32 952.32 COMMUNICATIONS 157501 04/04/2013 001264 COSTCO WHOLESALE Theater hospitality & ofc supplies 246.72 MISC SUPPLIES:SKIP EVENT 191.84 438.56 157502 04/04/2013 013379 COUSSOU, CELINE TCSD Instructor Eamings 560.00 560.00 157503 04/04/2013 014364 CUNNINGHAM, GRISELDA TCSD Instructor Eamings 192.50 192.50 CLEMENTINA 157504 04/04/2013 003210 DALLAS MIDWEST MISC SUPPLIES:HARVESTON CENTER 732.72 732.72 157505 04/04/2013 001393 DATA TICKET, INC. Feb prkg citation processing:police 1,553.15 1,553.15 157506 04/04/2013 012600 DAVID EVANS&ASSOCIATES FEB CONSULTING 3,390.00 3,390.00 INC SRVCS:BUTTERFIELD RD EXT 157507 04/04/2013 002990 DAVID TURCH &ASSOCIATES Mar fed. legislative consulting svcs:cm 3,500.00 3,500.00 157508 04/04/2013 015707 DE LOS REYES, KYM Settlement:Dance piece filming 3/25 272.70 272.70 157509 04/04/2013 015697 DEILE, NICHOLAS refund;prkg cite overpmt 76719 40.00 40.00 157510 04/04/2013 007057 DERN BACH, ESTHER MARIE TCSD instructor earnings 210.00 210.00 Pages apChkLst Final Check List Page: 4 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157511 04/04/2013 003945 DIAMOND ENVIRONMENTAL SRVCS Description Amount Paid Check Total portable restroom srvcs:long canyon park 52.80 Mar restroom srvcs: GOHS Feb restroom svc: GOHS portable restroom srvcs:riverton park portable restroom srvcs: veterans park portable restroom srvcs: vail ranch park 157512 04/04/2013 004417 DISCOUNT SCHOOL SUPPLY Rec pgrm supplies:children's museum 157513 04/04/2013 004192 DOWNS COMMERCIAL FUELING INC 52.80 47.21 52.80 52.80 52.80 311.21 32.26 32.26 Fuel for City vehicles: PW Id/npdes 160.13 Fuel for City vehicles:B&S Dept Fuel for City vehicles:Code Enf Fuel for City vehicles: PW Id/npdes Fuel for City vehicles:P W Traffic Fuel for City vehicles:TCSD, PW Fuel for City vehicles:PW Maint Fuel for City vehicles:Police 157514 04/04/2013 001669 DUNN EDWARDS misc supplies:citywide graffiti removal CORPORATION 157515 04/04/2013 011202 EMH SPORTS USA, INC TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 157516 04/04/2013 011203 ENVIRONMENTAL CLEANING Feb janitorial svcs: park facilities Mar janitorial svcs: park facilities 157517 04/04/2013 011292 EN VI RON MENTAL SCIENCE ASSOC. 157518 04/04/2013 000164 ESGIL CORPORATION 157519 04/04/2013 001056 EXCEL LANDSCAPE 157520 04/04/2013 014830 FIBERLINK COMMUNICATION CORP 396.24 216.46 238.53 622.68 2,588.31 1,909.41 63.07 6,194.83 267.45 267.45 420.00 882.00 420.00 7.00 924.00 2,653.00 5,265.00 5,265.00 10,530.00 Nov consulting svcs:EIR for Bella Linda 3,047.50 Dec -Jan consulting svcs:EIR Bella Linda 10,096.26 13,143.76 Plan check svcs:TCC renovation 392.00 392.00 replace trees: pechanga pkwy median plant trees: old town south end replace backflow: margarita rd median irrigation sys repair: tem pkwy median brig repair: wolf creek slope 1,350.00 450.00 551.89 400.00 323.62 MDM monthly usage 53.02 MDM monthly usage MDM monthly usage MDM monthly usage MDM monthly usage 48.20 53.02 57.84 57.84 3,075.51 269.92 Page4 apChkLst Final Check List Page: 5 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157521 04/04/2013 011922 FIRST AMERICAN CORELOGIC Feb Web database subscription:code enf 222.00 222.00 INC 157522 04/04/2013 015693 FRAGOMENO, BRENDA refund:sec dep:rm rental:harveston 150.00 150.00 157523 04/04/2013 006956 FRY'S ELECTRONICS computer loan prgm:Dawson, R. 1,729.57 1,729.57 157524 04/04/2013 003946 G T ENTERTAINMENT Sound tech svcs:egg hunt event 3/30 550.00 550.00 157525 04/04/2013 007279 GAIL MATERIALS INC MISC SUPPLIES:PALOMA DEL SOL 1,247.40 SPORTS PARK Idscp material: var park ballfelds:rrsp 4,930.43 6,177.83 157526 04/04/2013 000177 GLENN IES OFFICE PRODUCTS misc office supplies: Fire Prev 439.77 439.77 INC 157527 04/04/2013 000175 GOVERNMENT FINANCE GAAFR review newsletter:RC 50.00 50.00 OFFICERS 157528 04/04/2013 004434 GRANNYS ATTIC Artifacts:history museum 504.17 504.17 157529 04/04/2013 010279 GRIFFITH AIR TOOL INC asphalt grinder parts:pw street maint 41.66 TRAFFIC LINE REMOVER EQUIP: PW STI 6,783.45 6,825.11 157530 04/04/2013 002174 GROUP 1 PRODUCTIONS Video/photography svcs:state of city 5,000.00 5,000.00 157531 04/04/2013 015695 HALL, CAROL 157532 04/04/2013 015080 HANCOCK, LORENA 157533 04/04/2013 000186 HANKS HARDWARE INC 157534 04/04/2013 004133 HDL SOFTWARE LLC 157535 04/04/2013 013749 HELIXSTORM INC. refund;prkg cite overpmt 81527 TCSD instructor earnings TCSD instructor earnings misc hardware supplies: Sta 84 70.00 70.00 157.50 175.00 332.50 287.23 287.23 Maint fees:bus lic web 4/1/13-3/31/14 1,703.14 Maint fees:bus lic software tech consulting svcs:info tech dept tech consulting svcs:info tech dept tech consulting svcs:info tech dept 6,271.70 7,974.84 9,720.00 -720.00 1,099.00 10,099.00 157536 04/04/2013 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 525.00 TCSD Instructor Eamings 962.50 1,487.50 157537 04/04/2013 015690 HICKS, RICHARD refund:sec dep:rm rental:harveston 200.00 200.00 Pages apChkLst Final Check List Page: 6 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157538 04/04/2013 010210 HOME DEPOT SUPPLY INC, misc supplies: pw street maint div 1,887.08 1,887.08 TH E 157539 04/04/2013 004217 HYDROTEK COMPANY pressure washer parts: Idscp maint 193.81 193.81 157540 04/04/2013 004406 IGOE & COMPANY INC Marflex benefit plan pmt 165.00 165.00 157541 04/04/2013 013695 INLAND EMPIRE SHRED IT Shred services: Police 15.00 SHRED SERVICES: POLICE 15.00 Shred services: Records Div 60.00 Shred services: Records Div 16.73 Shred services: Records Div 15.00 121.73 157542 04/04/2013 001407 INTER VALLEY POOL SUPPLY misc pool supplies: var sites 520.80 INC misc pool supplies: var sites 758.68 1,279.48 157543 04/04/2013 001186 IRWIN, JOHN TCSD instructor earnings 333.20 TCSD instructor earnings 4.90 338.10 157544 04/04/2013 000820 K R W &ASSOCIATES Dec -Feb eng plan ck svc:pw land dev 5,555.00 5,555.00 157545 04/04/2013 014312 KAMM INDUSTRIAL, INC. steel trash can lids: various parks 2,400.00 2,400.00 157546 04/04/2013 015358 KELLY PAPER COMPANY, INC. misc supplies:central services 269.48 269.48 157547 04/04/2013 001091 KEYSER MARSTON CONSULTING SRVCS:ECO DEV— 4,240.00 4,240.00 ASSOCIATES INC 157548 04/04/2013 015696 KLEIN, CYN DI refund:prkg cite overpmt 84230 60.00 60.00 157549 04/04/2013 001282 KNORR SYSTEMS INC annual pool rehab supplies: crc pool— 191.44 191.44 157550 04/04/2013 009336 KOPIE SHOP LLC PRINTING SVCS: THEATER 101.43 PRINTING SERVICES: THEATER— 193.32 294.75 157551 04/04/2013 004412 LEANDER, KERRY D. TCSD instructor earnings 3,307.50 3,307.50 157552 04/04/2013 000482 LEIGHTON CONSULTING INC Feb Geotech svcs:rohpaugh rnch str impr 21,690.70 21,690.70 157553 04/04/2013 015694 LITTLE, LORRAINE refund;prkg cite overpmt 84380 60.00 60.00 157554 04/04/2013 013982 MCI COMM SERVICE Marxxx-0346 general usage 30.66 Marxxx-0714 gen usage:PD mall alarm 31.39 62.05 Pages apChkLst Final Check List Page: 7 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157555 04/04/2013 008610 M C R STAMPS DJ services:high hopes prgm 25.00 DJ services:high hopes prgm 25.00 50.00 157556 04/04/2013 015018 MAASBERG, LAURA CITLALI TCSD Instructor Eamings 217.00 217.00 157557 04/04/2013 015186 MACKENZIE LANDSCAPE Emergency repair:villages slope 2,100.00 2,100.00 157558 04/04/2013 000217 MARGARITA OFFICIALS ASSN Mar Officiating srvcs:sports pgrm 4,144.00 4,144.00 157559 04/04/2013 011179 MC MILLIN REDHAWK LLC TCSD Instructor Eamings 140.00 TCSD Instructor Eamings 168.00 TCSD Instructor Eamings 392.00 TCSD Instructor Eamings 224.00 TCSD Instructor Eamings 630.00 1,554.00 157560 04/04/2013 007669 MILES, KATRINA TCSD Instructor Eamings 122.50 122.50 157561 04/04/2013 012962 MILLER, MISTY TCSD Instructor Eamings 126.00 TCSD Instructor Eamings 220.50 TCSD Instructor Eamings 612.50 959.00 157562 04/04/2013 003135 MOORE WALLACE Printing srvcs:veh inspection forms 209.04 209.04 157563 04/04/2013 002925 NAPAAUTO PARTS misc auto parts & supplies:pw st maint 81.95 81.95 157564 04/04/2013 015664 NATIONAL PEN COMPANY, LLC Promo items:mpsc expo event 393.67 393.67 157565 04/04/2013 015562 NAT'L ASSN. OF STATE Public safety handouts: Fire 150.00 150.00 FORESTERS 157566 04/04/2013 008820 NEIGHBORS NEWSPAPER advertising: Bluegrass festival old town 250.00 250.00 157567 04/04/2013 013319 NEW TANGRAM LLC Tables:computer training lab 3,020.21 3,020.21 157568 04/04/2013 015122 NI GOVERNMENT SERVICES, Feb satellite phone service: Fire/EOC 151.72 151.72 INC. Page:7 apChkLst Final Check List Page: 8 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157569 04/04/2013 003964 OFFICE DEPOT BUSINESS SVS DIV Description Amount Paid Check Total Misc office supplies:police mall office 43.28 Misc office supplies:police mall office 16.45 MISC OFFICE SUPPLIES:TCSDADMIN 115.67 MISC OFFICE SUPPLIES:TCSDADMIN 7.51 MISC OFFICE SUPPLIES:HARVESTON CI 30.12 MISC OFFICE SUPPLIES:HARVESTON CI 36.31 Misc office supplies:old town pd office 126.39 Misc office supplies:old town pd office 8.62 384.35 157570 04/04/2013 002105 OLDTOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PW 539.89 STREET MAINT City Vehicle Maint Svcs:PW Street Maint 473.43 1,013.32 157571 04/04/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Parks Maint 36.35 CITY VEHICLE MAINT SVCS:TCSD 381.78 418.13 157572 04/04/2013 015692 OPINA, RICK refund:sec dep:rm rental:TCC 200.00 200.00 157573 04/04/2013 001171 ORIENTAL TRADING COMPANY MISC SUPPLIES:TINYTOT PGRM 90.99 90.99 INC 157574 04/04/2013 002652 PAT & OSCARS RESTAURANT Refreshments:Every 15 Min Prgm 4/18-19 1,526.97 1,526.97 157575 04/04/2013 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Eamings 273.00 TCSD Instructor Eamings 364.00 637.00 157576 04/04/2013 015687 PETTIT, JAIME refund:sec dep:rm rental:harveston 200.00 200.00 157577 04/04/2013 000249 PETTY CASH Petty Cash Reimbursement 718.49 718.49 157578 04/04/2013 001999 PITNEY BOWES Postage meter supplies: Sta 84 150.90 150.90 157579 04/04/2013 010338 POOL & ELECTRICAL misc supplies & chemicals: var pools 283.50 PRODUCTS INC misc supplies & chemicals: var pools 12.37 295.87 157580 04/04/2013 015689 PRATT, LISA refund:sec dep:rm rental:harveston 200.00 200.00 157581 04/04/2013 013725 PROCRAFT INC Gate repair: Sta 84 95.00 95.00 157582 04/04/2013 015698 PUMA, SR, PAUL refund:viol dismissed:prkg cite 84373 305.00 305.00 Pages apChkLst Final Check List Page: 9 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157583 04/04/2013 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total Feb Lndscp meter:near 43734 Meadows 16.75 Feb Lndscp meter:Campanula way Mar various water meters:PW Mar water meters:TCSD svc lev C Feb D.C. water meter:Pauba Rd Feb water meter-comm:30600 Pauba rd Feb var water meter:30875 Rancho vista Mar water meters: various Fire Stns 157584 04/04/2013 000271 RBF CONSULTING 2/4-3/3 ENG SRVCS:I-15/79S ULT. INTRCHG 157585 04/04/2013 004584 REGENCY LIGHTING Misc lighting supplies: Sta 92 157586 04/04/2013 000406 RIVERSIDE CO SHERIFFS Search Warrant Course 5/7-8 (7) deputies DEPT 157587 04/04/2013 000406 RIVERSIDE CO SHERIFFS Basic Surveillance 4/29-5/2 B.Pendleton DEPT 157588 04/04/2013 012251 ROTH, DONALD J. TCSD Instructor Eamings TCSD Instructor Eamings 157589 04/04/2013 013827 RYAN MONTELEONE sediment removal: vallejo channel EXCAVATION INC 157590 04/04/2013 009213 SHERRY BERRY MUSIC Jazz © the Merc 3/28 & 3/29 157591 04/04/2013 004498 SIEMENS INDUSTRY, INC. Trafsgnl pole replacement:rc/bus prk 157592 04/04/2013 009746 SIGNS BYTOMORROW Banners:April Autism Awareness Month 11.26 218.02 5,172.30 16.07 784.85 419.76 200.68 6,839.69 26,903.27 26,903.27 96.77 96.77 833.00 833.00 248.00 248.00 567.00 157.50 724.50 10,500.00 10,500.00 1,034.00 1,034.00 4,432.57 4,432.57 823.32 823.32 Page9 apChkLst Final Check List Page: 10 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 157593 04/04/2013 000537 SO CALIF EDISON 157594 04/04/2013 001212 SO CALIF GAS COMPANY (Continued) Description Amount Paid Check Total Mar 2-35-164-3663:42335 Meadows pkwy 23.92 Mar 2-34-624-4452:32131 S Loop rd lot 615.86 Mar 2-35-164-3515:32932 Leena way 23.92 Mar 2-35-164-3242:44270 Meadows pkwy 24.92 Mar 2-34-333-3589:41702 Main St 25.77 Mar 2-31-536-3655:41904 Main St 985.66 Mar 2-29-933-3831:43230 Bus pk dr 1,607.12 Mar 2-31-912-7494:28690 Mercedes St 1,118.73 Mar 2-14-204-1615:30027 Front st rdio 33.06 Mar 2-32-903-8293:41000 Main St 11,485.16 Mar 2-35-164-3770:43487 Butterfield stg 27.05 Mar 2-31-536-348141902 Main St 261.93 Mar 2-31-282-0665:27407 Diaz rd PED 26.23 Mar 2-29-223-8607:42035 2nd St PED 582.48 Mar 2-29-807-1093:28079 Diaz rd PED 25.81 Mar 2-29-224-0173:var Fire Stns 1,650.66 Mar 2-29-657-2787:41638 Winchester 25.25 Feb 2-31-031-2616:27991 Diaz rd PED 26.10 Mar 2-29-807-1226:28077 Diaz rd PED 25.81 Mar 2-31-419-287343000 Hwy -395 25.10 Mar 2-25-393-4681:41951 Moraga Rd 174.80 Mar 2-18-937-3152:28314 Mercedes 420.50 Mar 2-02-351-4946:41845 6th St 953.07 Mar 2-19-171-8568:28300 Mercedes St 64.28 Mar 2-28-904-7706:32329 Overland LS3 138.83 Mar 2-21-981-4720:30153 Tem pkwy tpp 2348 Mar 2-35-074-2847:27495 Enterprise cir w 50.29 Mar 2-27-371-8494:42189 Winchester rd 31.44 Mar 125-244-2108-3: Library Feb -Mar 026-671-2909-8:Comm Theater Mar028-025-1468-3:41375 McCabe Ct Feb -Mar 101-525-0950-0:28816 Pujol St Mar 095-167-7907-2:30650 Pauba Rd Feb -Mar 181-383-8881-6:Museum Feb -Mar 021-725-0775-4:Senior Center Feb -Mar 133-040-7373-0:Maint Fac Feb -Mar 129-582-9784-3:43230 Bus pk dr Jan -Feb 129-535-4236-7:Civic Center Feb -Mar 196-025-0344-3:42081 Main Feb -Mar 091-024-9300-5:30875 Rancho Mar 015-575-0195-2:32211 Wolf vly rd 157595 04/04/2013 000293 STADIUM PIZZA INC Refreshments:teen nite-light egg hunt 157596 04/04/2013 015699 STORYBELL, SANDRA refund:viol dismissed:prkg cite 78260 20,477.23 255.78 312.62 20.19 110.70 242.77 123.66 210.33 26.39 204.13 1,598.58 120.34 2,774.43 232.58 6,232.50 76.84 76.84 305.00 305.00 Page:10 apChkLst Final Check List Page: 11 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157597 04/04/2013 009061 STURDIVANT, ANGELA P. TCSD Instructor Eamings 310.80 310.80 157598 04/04/2013 003599 TY LIN INTERNATIONAL 2/2-3/1 CONSULTING 259,290.07 SRVCS:WNCHSTR/I15 2/2-3/1 CONSULTING SRVCS:F.VLY PKW` 581,392.24 840,682.31 157599 04/04/2013 000305 TARGET BANK BUS CARD Misc supplies:high hopes pgrm 28.73 28.73 SRVCS 157600 04/04/2013 010679 TEMECULA AUTO Auto repair: Prevention 199.68 199.68 REPAIR/RADIATOR 157601 04/04/2013 004274 TEMECULA VALLEY SECURITY locksmith srvcs: sta 84 95.00 CENTR locksmith srvcs: public works area 2,028.73 locksmith srvcs: various park sites 30.25 2,153.98 157602 04/04/2013 015688 THE CAJON DIVISION refund:sec dep:rm rental:mpsc 200.00 200.00 157603 04/04/2013 008379 THEATER FOUNDATION, THE Readers Theatre in The Merc 3/27 189.00 189.00 157604 04/04/2013 010276 TIME WARNER CABLE Mar high speed internet:32211 Wolfvly 102.17 Apr high speed intemet:Library 501.97 Apr high speed intemet:Civic Center 4,137.25 4,741.39 157605 04/04/2013 000668 TIMMY D PRODUCTIONS INC Announcer & sound srvcs:egg hunt 3/30 700.00 700.00 157606 04/04/2013 010347 TRIPLE THREAT ACADEMY Elvis and Friends 70s -80s Tribute 3/23 636.90 636.90 157607 04/04/2013 006192 TRISTAFF GROUP TEMP HELP W/E 03/17 P. LAULU 1,104.00 1,104.00 157608 04/04/2013 001561 USA MOBILITY WIRELESS INC 03/20-6/19/13 paging/rental svc:PW 95.15 95.15 157609 04/04/2013 002110 UNITED RENTALS NORTH misc supplies:pw street maint 335.92 AMERICA misc supplies:pw street maint 45.04 misc supplies:pw street maint 16.74 misc supplies:pw street maint 17.94 415.64 157610 04/04/2013 004261 VERIZON Marxxx-2886 gen usage:Harveston 89.57 89.57 157611 04/04/2013 014486 VERIZON WIRELESS 2/16-3/15 Broadband usage:City 371.69 371.69 157612 04/04/2013 002658 VOLLMUTH, MARY Computer loan program 1,406.92 1,406.92 Page:11 apChkLst Final Check List Page: 12 04/04/2013 12:43:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157613 04/04/2013 003730 WEST COASTARBORISTS INC TREE TRIM & MAINT SRVCS: PW STREET MAINT tree trim & removal: vintage hills slope tree trimming srvcs: fire sta 84 tree trim & removals:signet series slope trim & remove trees: temeku hills slope tree trim & removal: villages slope TREE TRIM & MAINT SRVCS: PW STREE 157614 04/04/2013 000341 WILLDAN ASSOCIATES INC 157615 04/04/2013 004567 WITCHER ELECTRIC 157616 04/04/2013 000348 ZIGLER, GAIL 11/26-12/28 ENG & SURVEYSRVCS:PW TRAFF electrical repair srvcs: rrsp 12,814.00 8,536.00 1,525.00 1,540.00 276.00 2,450.00 14,975.00 42,116.00 2,649.61 2,649.61 165.00 165.00 Reimb:supplies/Econ Dev workshop 102.68 Reimb:supplies/Egg Hunt events 62.32 165.00 Grand total for UNION BANK OF CALIFORNIA: 1,418,642.02 Page:12 apChkLst Final Check List Page: 13 04/04/2013 12:43:37PM CITY OF TEMECULA 147 checks in this report. Grand Total All Checks. 1,418,642.02 Page:13 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: Greg Butler, Director of Public Works/City Engineer DATE: April 23, 2013 SUBJECT: Approval of Plans and Specifications, and Authorization to Solicit Construction Bids for the Temecula Community Center Renovation Project, PW 12-01 PREPARED BY: David McBride, Senior Engineer Bill McAteer, Construction Manager RECOMMENDATION: 1. Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Temecula Community Center Renovation Project, PW 12-01; 2. Make a finding that this work is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The Temecula Community Center was last remodeled in 1992 after a fire destroyed part of the building. Over the last twenty years the Community Center has provided a meeting place for the community, classrooms for both children and adults, and has been the site of many private and civic events. The building is in need of renovation. The components of the Temecula Community Center Renovation Project is to seismically retrofit the structure to current Building Codes, to make the facility more energy efficient, replace the parking lot, replace the roofing and siding, construct a new entry, replace the street lighting, and to conduct tenant improvements that will modernize the building and make it more aesthetically pleasing. There is also an alternative bid item to install a photo voltaic system mounted on a carport structure. The project plans and specifications have been completed and they are ready to be advertised for construction bids. The project documents are available for review in the Director of Public Works' office. The cost estimate for the renovation project is $1,800,000; and the bid package will include an option to install the photo voltaic system, estimated to cost $500,000. Construction will take 200 working days, or 10 months, to complete. This work is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing structures or facilities with no expansion of use beyond what exists are Class 1 activities, which is exempt from CEQA. FISCAL IMPACT: The Temecula Community Center Renovation Project is included in the City's Fiscal Years 2013-2017 Capital Improvement Program under Infrastructure Projects, and is funded with Community Development Block Grant (CDBG) funds and Development Impact Fees (DIF). Full funding for the project will be addressed as part of consideration to award a construction contract and adjusted appropriately in the Fiscal Year 2014-2018 Capital Improvement Program Budget. ATTACHMENTS: 1. Location Map 2. Project Description TEMECULA COMMUNITY CENTER RENOVATION Infrastructure / Other Project Location Aerial Data - March 2010 0 125 250 Feet 500 118 CLt1/-tit t CPI ' CALIFORNIA TEMECULA COMMUNITY CENTER RENOVATION Infrastructure I Other Project Project Description: This project will include the design and construction of the renovation of the 6,230 square foot Temecula Community Center, including seismic upgrades, energy efficient HVAC systems, windows, and other tenant improvements. Benefit 1 Core Value: This project will upgrade the building to current building codes and standards and make it more energy efficient. In addition, this project satisfies the City's Core Value of Healthy and Livable City. Project Status!: This project is in design development and is estimated to be completed by fiscal year 2012-13. Department: Public Works—Account No. 210.165.754 Level: 1 Project Cost: Actuals to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Years Project Cost Administration $ 270,400 $ 270,400 Construction $ 1,100,000 $ 1,100,000 Construction $ 390,400 $ 390,400 Total Funding: Engineering $ 1,590,400 $ 50,000 $ - $ - $ - - $ - $ 1,590,400 $ 50,000 Design $ 150,000 $ 150,000 Fixtures/Fum/Equip $ 10,000 $ 10,000 Utilities $ 10,000 $ 10,000 Totals $ - $ 1,590,400 $ - $ - $ - $ - $ - $ 1,590,400 Actuals Source of Funds: to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost CDBG $ 1,200,000 $ 1,200,000 DIF (Parks & Recreation) $ 390,400 $ 390,400 Total Funding: $ - $ 1,590,400 $ - $ - $ - $ - - $ - $ 1,590,400 Future Operation & Maintenance Costs 2012-13 2013-14 2014-15 2015-16 2016-17 $ 3,000 $ 3,300 I $ 3,600 $ 3,900 119 Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 23, 2013 SUBJECT: Approval of Plans and Specifications, and Authorization to Solicit Construction Bids for the Old Town Temecula Community Theater Remediation Project, PW 12-04 PREPARED BY: Amer Attar, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: 1. Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Old Town Temecula Community Theater Remediation Project, PW12-04; 2. Make a finding that this work is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: On June 12, 2012, City Council awarded the architectural firm of Meyer & Associates an agreement to conduct a thorough investigation of the remediation measures necessary to address damages and defects at the Community Theater. On November 13, 2012, City Council approved an amendment to this architectural agreement to complete full working drawings for these necessary remediation measures. Plans and specifications are complete and the work is ready to be advertised for construction bids. The specifications call for a very aggressive completion duration of 85 working days or approximately four months. The estimated cost of this project is $2,500,000. This work is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing structures or facilities with no expansion of use beyond what exists are Class 1 activities, which is exempt from CEQA. FISCAL IMPACT: The Theater Remediation project is identified in the City's Fiscal Years 2013-2017 Capital Improvement Program, and is funded with Capital Project Reserves (Settlement Fund Balance). Adequate funds are available in the project account. ATTACHMENTS: 1. Location Map 2. Project Description THEATER REMEDIATION Infrastructure / Other Project Location Aerial Data - March 2010 0 55 110 Feet 220 120 CALIFORNIA THEATER REMEDIATION Infrastructure I Other Project Project Description: This project addresses design and construction deficiencies at the Old Town Community Theater primarily related to problems with the exterior cedar siding, decks and exposed timber. Benefit t Core Value: This project minimizes emergency repair costs, prolongs the service life, and corrects design and construction defects at this facility. In addition, this project satisfies the City's Core Value of Healthy Livable City, and A Safe and Prepared Community. Project Status: The design of the remediation priorities of this project has been initiated. Construction is estimated to be completed by end of fiscal year 2013-14. Department: Public Works—Account No. 210.165.756 Level: I Project Cost: Actuals to Date 2012-13 Future Total 2013-14 2014-15 2015-16 2016-17 Years Project Cost Administration $ 70,000 $ 70,000 $ 140,000 Construction $ 500,000 $ 1,929,175 $ 2,429,175 Construction $ - $ 795,000 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Engineering $ 25,000 $ 50,000 $ 75,000 Design $ 190,000 $ 35,000 $ 225,000 Preliminary Study $ 10,000 $ 10,000 Totals $ - $ 795,000 $ 2,084,175 $ - $ -4 $ - $ - $ 2,879,175 Source of Funds: Actuals to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Capital Project Reserves $ 795,000 $ 2,084,175 $ 2,879,175 Total Funding: $ - $ 795,000 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Future Operation & Maintenance Costs 2012-13 2013-14 2014-15 2015-16 2016-17 $ Note: Settlement funds received in fiscal year ending 2011 for this project. 125 Item No. 6 Approvals City Attorney Director of Finance City Manager Pri/-e-r- OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 23, 2013 SUBJECT: Payment of the City of Temecula's share of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2012-13 PREPARED BY: Mayra De La Torre, Senior Engineer Aldo Licitra, Associate Engineer RECOMMENDATION: Approve payment to Riverside County Flood Control District (RCFCD) in the amount of $542,076.48, which is the City of Temecula's portion of the cost-sharing reimbursement pursuant to the Implementation Agreement between the permittees of the Santa Margarita Watershed (SMW). BACKGROUND: On January 10, 2012, the City executed the Implementation Agreement with RCFCD, our principal permittee, to comply with the SMW National Pollutant Discharge Elimination System (NPDES) Permit adopted by the San Diego Regional Water Quality Control Board (Order No. R9-2010-0016). This Agreement establishes proportional cost shares for each permittee, based on a cost-sharing formula, to administer the Agreement including the management of regional components of the City's NPDES Municipal Separate Storm Sewer System Permit. The regional components of the Order covered by the Agreement include water sampling programs, special studies, staff training programs, a Hydromodification Plan, watershed annual reports, a Standard Stormwater Mitigation Plan, receiving waters monitoring reports, a Jurisdictional Runoff Management Plan, public education/outreach programs, and reports of waste discharge. On March 19, 2013, RCFCD, administrator of the Implementation Agreement, sent the City a letter and invoice requesting payment for the City's portion of the costs associated with the Agreement. Based on the Agreement's established cost-sharing formula, the City's cost is $542,076.48 for Fiscal Year 2012-13. FISCAL IMPACT: The City's share of the Implementation Agreement costs for Fiscal Year 2012-13 has been budgeted in account number 001-164-605-5321. ATTACHMENTS: 1. Letter dated March 19, 2013 and Invoice for Fiscal Year 2012-13 from the Riverside County Flood Control District 2. Implementation Agreement WARREN D. WILLIAMS General Manager -Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 19, 2013 Mr. Aaron Adams, Interim City Manager City of Temecula Post Office Box 9033 Temecula, CA 92589-9033 Attention: Aldo Licitra 1995 MARKET STREET RJ V ERSIDE, CA 92501 951.955.1 200 . FAX 951.788.9965 www.rcflood.arg P8/152119 Dear Mr. Adams: Re: FY 2012-13 Cost -Sharing Reimbursement Regional Costs for Santa Margarita NPDES Municipal Stormwater Permit In compliance with the Santa Margarita River Watershed NPDES Permit adopted by the San Diego Regional Water Quality Control Board on November 10, 2011 as Order No. R9-2010-0016 (NPDES No. CAS0108766) and in accordance with the Implementation Agreement (IA) adopted by the County, District, and Cities of Murrieta, Temecula and Wildomar (Permittees) on January 19, 2012, a cost-sharing provision between the Permittees was established. Per the IA, Item 3 "Shared Costs" provides for annual cost-sharing of estimated regional program costs ("Estimated Costs"), with the "Combined Contribution" from the County and Cities not to exceed $2,200,000 annually. Although Item 3 also notes that the District shall invoice the County and Cities for their "individual Contribution" to the total "Combined Contribution" in two installments (50% each installment), it has been verbally agreed by all Permittees that this year the District will invoice the County and Cities for their contribution of the Fiscal Year 2012-13 "Estimated Costs" in one installment (100% contribution). The District has determined the "Estimated Costs" for the period of July 2012 through June 2013 to be 51,460,634.49 with a "Combined Contribution" total of 51,460,634.49. Per the calculations and the attached invoke, your Agency's contribution is $542,076.48. Therefore, please remit 5542,076.48 as payment for the full amount and mail to the following address. Please note that payment is due within 60 days of receipt of invoice. Riverside County Flood Control & Water Conservation District 1995 Market Street Riverside, California 92501-1770 Attention: Accounts Receivable Re: FY 2012-13 Cost -Sharing Reimbursement Regional Program Costs for Santa Margarita NPDES Permit The District appreciates your continued cooperation with this important program. If you have any questions concerning this matter, please feel free to call Jason Uhley at 951.955.1273 or David Garcia at 951.955.1330. Attachments: Table and Invoice Very truly yours, WARREN D. WILLIAMS r" -General Manager -Chief Engineer ec: Santa Margarita NPDES Permit Representatives (via e-mail) Eric Lomeli DG:cw SANTA MARGARITA RIVER WATERSHED CO -PERMITTEE COST-SHARING FOR REGIONAL NPDES PROGRAM COSTS FISCAL YEAR 2012-2013 AGENCY FY 2012/13 County Murrieta Temecula Wildomar Totals: $1,460,634.49 County of Riverside INVOICE Page: 1 Invoice No: FC0000013735 Invoice Date: 03/14/2013 Customer Number: FC -000576 Payment Terms: 30 Days Due Date: 04/13/2013 Contact Person: Flood Control Accounts Receiva Inquiry Number: 951-955-4330 CITY OF TEMECULA CITY MANAGER P.O. BOX 9033 TEMECULA CA 92589-9033 For billing questions, please call 951-955-4330 Line Ad1 Identifier Description Quantity UOM Unit Amt Net Amount 1 FY 2012-13 COST SHARING 1.0000 EA 542,076 48 542,076.48 CUSTOMER NOTE: CONSULTANT SRRVICES FOR SANTA MARGARITA NPDES MUNICIPAL STORMWATER PERMIT 67989922/8-9-00980 SUBTOTAL: 542,076.48 TOTAL AMOUNT DUE 542,076.48 Please Remit To: Invoice No: FC0000013735 Flood-Accounting-Rvrsd Invoice Date: 03/14/2013 Requestor Customer Number: FC -000576 Flood Control Accounting 1995 Market St AMOUNT DUE: 542,076.48 Riverside CA 92501 United States Enclosed: ATTN: FC -A/R STANPARD ori5wal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N/I 41799 AGREEMENT National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation Agreement San Diego Region (Santa Margarita Drainage Area) 'Phis Implementation Agreement ("Agreement"), entered into by the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (the "DISTRICT"), the COUNTY OF RIVERSIDE (the "COUNTY"), and the CITIES OF MURRIETA, 'TEMECULA and WILDOMAR (the "CITIES"), collectively referred to as "COPERMPT'TEES" and sometimes also referred to as "Parties", individually each as "Party", establishes the responsibilities of each Party concerning the implementation of and compliance with the National Pollutant Discharge Elimination System ("NPDES") Municipal Separate Storm Sewer System ("MS4") Discharge Permit issued by the Calilbrnia Regional Water Quality Control Board — San Diego Region (CRWQCB-SDR) pursuant to Order No. R9-2010-0016 (the "NPDES Permit"). RECTI'ALS WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act ("CWA") (33 U.S.C.§1342(p)); and WHEREAS, Section 402(p) of the CWA requires certain municipalities to obtain NPDES Permits in order to discharge stormwater from MS4s to waters of the United States; and WHEREAS, Section 402(p) of the CWA requires operators of certain industrial facilities to obtain NPDES permits for stormwater discharges associated with designated industrial activities, including construction activities; and WHEREAS, Section 402(p) further requires the United States Environmental Protection Agency ("EPA") to promulgate regulations for NPDES permit applications; and WHEREAS, EPA adopted such regulations in November 1990; and WHEREAS, EPA delegated authority to the California State Water Resources Control Board ("SWRCB") to administer the NPDES permit process within the boundaries of the State of California; and -1- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 WHEREAS, SWRCI3 has in turn delegated its NPDES permitting authority to the California Regional Water Quality Control Boards to administer the NPDES permit process within the boundaries of their respective regions; and WHEREAS, the jurisdiction of the CRWQCB-SDR includes that portion of Riverside County known as the Santa Margarita Region; and WHEREAS, DIS'T'RICT was created to provide for, among other things, the control of flood and stormwaters within the County of Riverside and is empowered to investigate, examine, measure, analyze, study and inspect matters pertaining to flood and stormwaters; and WHEREAS, on January 15, 2009, DISTRICT, COUNTY and CI'T'IES submitted a Report of Waste Discharge as an application to renew NPDES Permit No. CAS0108766; and WHEREAS, the application for renewal of the NPDES Permit was submitted in accordance with the provisions of the previous NPDES permit (Order No. R9-2004-001) which expired on July 14, 2009; and WHEREAS, on November 10, 2010, the CRWQCB-SDR adopted Order No. R9- 2010-0016 to serve as Waste Discharge Requirements in accordance with Section 13263(a) of the California Water Code and as an NPDES permit pursuant to Section 402(p) of the CWA; and WHEREAS, the NPDES Permit meets or exceeds the requirements of Section 402(p)(3) B) of the CWA; and WHEREAS, the NPDES Permit designates the DISTRICT, COUNTY and CITIES as COPERMITTEES; and WHEREAS, the NPDES Permit requires designation of a "Principal Copermittee", and DISTRICT, COUNTY and CITIES have agreed that DISTRICT will serve as Principal Copermittee for the term of the NPDES Permit; and WHEREAS, the Parties believe that cooperation between COPERMITTEES in the administration and implementation of the NPDES Permit is in the best interest of COPERMITTEES; and WHEREAS, the NPDES Permit provides that the COPERMITTEES collaborate -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1'8/141799 in the development and implementation of various requirements of the NPDES Permit; and WHEREAS, DIS'IRIC1' is willing to utilize its staff to coordinate the activities of COPERMIT°fEES to facilitate compliance with the NPDES Permit and CWA requirements; and WHEREAS, DISTRICT established the Santa Margarita Watershed Benefit Assessment Area (the "BENEFIT ASSESSMENT") pursuant to District Ordinance 14 on May 14, 1991 to offset the DISTRICT'S program and administrative costs associated with the development, implementation and management of the Federally -mandated NPDES Program and DISTRICT is willing to use BENEFIT ASSESSMENT funds to support the DISTRICf's role as Principal Permittee and to support regional program costs to the extent that BENEFIT ASSESSMENT funds are available and can be used for regional programs; and WHEREAS, COPERM1TTEES are to perform and/or execute certain activities prescribed in the NPDES Permit that will benefit all COPERMITTEES. NOW, THEREFORE, the Parties do mutually agree as follows: 1. Incorporation of the NPDES Permit. The NPDES Permit is hereby incorporated by reference in its entirety and made a part of this Agreement as Exhibit "A". 2. Delegation of Responsibilities, The responsibilities of each of the COPERMITTEES under the NPDES Permit are reiterated below in subsections 2.a. and 2.b. Additional delegated responsibilities of the Parties under this Agreement to implement and/or comply with the NPDES Permit are set forth below in subsections 2.c. through 2.h.: a. DISTRICP shall: (1) Comply with Section M (Principal Copermittee Responsibilities), including coordinating the development 0E:updates and reports on programs required under the NPDES Permit that are jointly required of' each COPERMI'I'TEE, including the Watershed Water Quality Workplan ("Watershed Workplan"), Standard Storm Water Mitigation Plan ("SSMP"), Glydromodification Management Plan ("HMP"), a model Jurisdictional Runoff -3- 1 4 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 Management Plan ("JRMP"), the Receiving Waters and MS4 Discharge Monitoring and Reporting Program No. R9-2010-0016, and any other reports prepared by the DISTRICT on behalf of the COPERMITTEES as required by Sections K.1 and K.2 of the NPDF,S Permit. DISTRICT will provide COUNTY and CI'I'ICS an opportunity to participate in the development and review of, and comment on, such programs, plans and reports prior to submittal to the CRWQCB-SDR. (2) Comply with Sections A through P (Prohibitions and Receiving Water Limitations, Non-Stormwater Discharges, Non-Stormwater Dry Weather Action Levels, Stormwater Action Levels, Legal Authority, JRMP, Watershed Workplan, Fiscal Analysis, Total Maximum Daily Loads ("TMDLs"), Program Effectiveness Assessment and Reporting, Reporting, Modifications of Programs, Receiving Waters and MS4 Discharge Monitoring and Reporting Program, Standard Provisions, Reporting Requirements and Notifications, as well as Additional Provisions, respectively), as they pertain to pollutant discharges from DISTRICT owned and operated MS4 which are generated directly from or by DISTRICT facilities and operations, at no cost to COUNTY and CITIES. b. COUNTY and CITIES, at no cost to DISTRICT, shall, for land area within their individual jurisdictions: (1) Comply with Sections A through P (Prohibitions and Receiving Water Limitations, Non-Stormwater Discharges, -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 Non-Stormwater Dry Weather Action Levels, Stormwater Action Levels, Legal Authority, JRMP, Watershed Workplan, Fiscal Analysis, TMDLs, Program Effectiveness Assessment and Reporting, Reporting, Modifications of Programs, Receiving Waters and MS4 Discharge Monitoring and Reporting Program, Standard Provisions, Reporting Requirements and Notifications, as well as Additional Provisions, respectively), as they pertain to pollutant discharges from COUNTY/CITY owned and operated MS4, which are generated by jurisdictional land uses, facilities, and operations of the respective COUNTY and CITIES. (2) Demonstrate compliance with NPDES Permit requirements through timely implementation of the JRMPs; any. COPERMI1 T'EE-specific elements of the Watershed Workplan and Monitoring and Reporting Program; and any approved modifications, revisions or amendments thereto. (3) Provide to DISTRICT (on DISTRICT -provided forms) information needed to satisfy the reporting requirements as described in Sections 0, N, and. Provision IIT of Attachment E, or to respond to information requests from the CRWQCB-SDR. COUNTY and CITIES shall specifically: (a) Submit data necessary to prepare updates to the Watershed Workplan to the DISTRICT no later than August 31g of each year. (b) Submit any monitoring and sampling data individually collected pursuant to the MS4 Permit, to the DISTRICT at least quarterly as necessary for 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 P8/I4179) DISTRICT to track and prepare reports under the Monitoring and Reporting Program. All applicable monitoring and sampling data individually collected within each fiscal year must be received by DISTRICT no later than August 15`1' of each year, for inclusion in the monitoring annual report that will be prepared and submitted by the District, pursuant to Section 2.e. herein. (c) Provide one completed bound hard copy, and two electronic copies (PDF preferred) on CD or DVD, of the completed JRMP annual report to the DISTRICT no later than October 15th of each year. (d) Provide information on existing MS4 facilities, "major outfalls" (as defined in the NPDES Permit) and/or other data as it pertains to facilities of the COUNTY or CITIES when requested by DISTRICT. c. Public Education Program. On behalf of COPERMTT'T'EI S, DISTRICT shall conduct public education activities on a regional basis that focus on reducing pollution of urban runoff within the Santa Margarita Region, including, as appropriate, developing and disseminating broadcast, online and/or print outreach and advertising, developing brochures, and attending public events. DISTRICT shall also develop and implement mechanisms to determine the effectiveness of the regional public education program. The COUN'T'Y and CITIES shall be individually responsible for developing and implementing any supplemental public education programs that may be necessary to target -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 individual communities or stakeholders within their respective jurisdictions, pursuant to Section F.6. of the NPDES Permit. d. COPERMIT i EE ,'graining Program. On behalf of COPERMITTEES, and as requested by the COPERMITTEES, DISTRICT shall develop and conduct regional training sessions for COPERM1T1l:E personnel, covering the aspects of the programs developed by DISTRICT pursuant to Section 2.a.(1) of this AGREEMENT that are regionally uniform among COPERMITTEES. "The COUNTY and CITIES shall be individually responsible for developing and implementing and reporting upon any supplemental training that niay be necessary to ensure that their personnel are trained adequately regarding local policies and procedures for implementing the requirements of the NPDES Permit, pursuant to section F.6. of the NPDES Permit. e. Monitoring; Program, On behalf of the COPERMITTEES, DISTRICT shall perform sampling of surface water and urban runoff in accordance with the provisions of the NPDES Permit Monitoring and Reporting Program ("MRP"), Attachment E Provisions ILA and ILD -11.1j, and prepare and submit Monitoring Reports in accordance with Provision 111 of Attachment E. The location of the sampling sites shalt be determined by COPERMITTEES, subject to approval by CRWQC13-SDR. For Provision I1.13. and 11.0 of the MRP, DISTRICT will coordinate with COPERMITTEES in developing a plan for identifying the list of outfalls to be sampled each year in accordance with the NPDES Permit, and COPERMITTEES shall be individually responsible for conducting outfall sampling, source identifications, and enforcement as necessary for their outfalls. The COPERMITTEES -7- 1 2 3 7 8 c) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2% 28 P8/141799 may, subject to Section 3 herein, request the DISTRICT to conduct the initial outfall sampling required in Provisions 11.B. and 11.C. on behalf of the COPERMITTEES, however, all source identifications (including any follow-up sampling) and enforcement that may be required will remain the individual responsibility of the respective COPERMITTEES. The DISTRICT shall also enter into a contract with a local lab to provide analysis of water quality samples collected under the MRP. The contract shall be used strictly for water quality samples collected to comply with Provision II of the MRP. DISTRICT shall prepare and submit Monitoring Reports, as required by Provision III of Attachment E, based on data collected by the DISTRICT on behalf of the COPERMITTEES, and data provided to the DISTRICT by the COPERMITTEES in accordance with Section 2.b.(3)(b) of this Agreement. f. Consultant Services. In the event DISTRICT requires the services of a consultant(s) to assist in performing duties conducted on behalf of the COPERMITTEES pursuant to Section 2 of this Agreement, the cost of said consultant(s) services shall be shared by COPERMITTEI'S in accordance with the cost sharing provisions set forth in Section 3 of this Agreement. COUNTY and CITIES shall be notified in writing of DISTRICTS request for proposals from one or more consultants, selection of a consultant, consultant's fee, contract timetable and payment schedule, and be allowed the opportunity to participate in decisions related to consultant's services. All consultant agreements are contingent upon the consulting firm's ability to meet DISTRICT standards and requirements, and where applicable approval by the DISTRICT'S -8- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g• '8/141799 Board of Supervisors. Support for Regional Programs. The COPERMITTEES shall jointly provide funding for certain regional efforts that benefit the Santa Margarita Region, including but not limited to: County Environmental Health's Compliance Assistance Program; the County Fire Department's Hazardous Materials 'team; County Environmental Health's household Hazardous Waste and Antifreeze, Batteries, Oil and Paint collection program; the DISTRICF'S membership with the California Stormwater Quality Association on behalf of COPERMITTEES; the DISTRICT'S administration of Principal Permittee duties, and other NPDES support activities as described in this Agreement, or as needed and agreed to by the COPERMITFI ES. Where these programs are implemented countywide in support of other NPDES permit regions, the DISTRICT shall estimate the portion of the total cost of these regional programs that benefits the Santa Margarita Region. h. Regulation and Enforcement. COUNTY and CITIES shall be responsible for the regulation and enforcement of local ordinances and regulations within their respective jurisdictions to ensure compliance with the NPDES Permit, and to prevent pollutants originating from within their respective jurisdictions from being discharged into the jurisdiction of another Party in a manner which could cause that Party to violate the NPDES Permit. This includes the exercise of police powers and land use controls and the enforcement of ordinances that COUNTY or CITIES presently have adopted or may adopt in the future. -9- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 74. 25 26 27 28 P8/141799 3. Shared Costs. Costs for services to be performed in accordance with Sections 2.c., 2.d., 2.e. and 2.1 of this Agreement shall be shared by the Parties in accordance with the procedure specified below. In December of each year of this Agreement the DISTRICT shall: a. Estimate the costs of services specified in Sections 2.c., 2.d., 2.e. of this Agreement and 2.1 for the upcoming fiscal year ("ESTIMATED COSTS"); b. Estimate the DISTRICT'S internal costs for developing, implementing and administering the NPDES program in the Santa Margarita Region as specified in 2.a. ("INTERNAL COSTS"); c. Estimate the revenues expected from the BENEFIT ASSESSMENT program ("ASSESSMENT REVENUES"); d. Determine actual costs for NPDES programs administered in the previous fiscal year; and e. Determine Credits or Debits ("CREDITS" or "DEBITS") due to COUNTY and CITIES based on the difference of the actual contributions from the previous fiscal year with the actual contributions provided by the COUNTY and CITIES for that fiscal year. By February 1" of each year of this Agreement, the DISTRICT, CITIES and COUNTY, through a NPDES representative assigned by the General Manager -Chief Engineer, City Managers, and County Executive Office, respectively, shall approve, by majority vote, ESTIMATED COSTS for the upcoming fiscal year. 3.1 DISTRICT Contribution The DISTRICT contribution ("DISTRICT CONTRIBUTION") to programs specified in Sections 2.c., 2.d., 2.e., and 21 for the upcoming fiscal year shalt be determined using the following formula: DISTRICT CONTRIBUTION = ASSESSMENT REVENUES _10- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 INTERNA[, COSTS - 20% ASSESSMENT REVENUE. If the calculation yields a negative result, the DISTRICT shall have no contribution for the upcoming fiscal year other than the INTERNAL COSTS it has incurred. 3.2 COUNTY and CITIES Contribution The total shared COUNTY and CITIES contribution (the "COMBINED CONTRIBUTION") shall be determined using the following formula: COMBINED CONTRIBUTION = ESTIMATED COSTS - DISTRIC:1' CONTRIBUTION. The COUNTY'S and individual CITIES' respective pro rata share of the COMBINED CONTRIBUTION ("INDIVIDUAL CONTRIBUTION") shall be determined on the basis of an equally weighted average 9f population and Benefit Assessment Units within the Santa Margarita Region of Riverside County. More specifically, such percentage contribution shall be calculated as the equally weighted average of: (a) The population of COUNTY or individual CITIES within the Santa Margarita Region, divided by the total population of the COUNTY and CITIES in the Santa Margarita Region and; (b) The calculated number of Benefit Assessment units,("BAU) for COUNTY or individual C[i'1ES, divided by the total I3AU' for .COUNTY andrndividual C11'11 S: The INDIVIDUAL CONTRIBUTION shall be further adjusted by any CREDITS or DEBITS due from the previous fiscal year. The population of CT1'IES shall be determined by the latest California State Department of' Finance population figures issued in May of each year. COUNTY population shall be based on the most current Tax Rate Area ("TRA") information best fitting the Santa Margarita Region. The BAU count of COUNTY and CITIES shall be estimated by comparing the most current "IRA information best fitting the Santa Margarita Region with the Assessment District retains 20% of assessment revenue as a reserve for District's admii with the NPDES Permit pursuant to RCFC&WC1.) Ordinance No. 14. -11- rative and program costs associated 2 3 4 5 6 7 8 9 1() 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/I 41799 Rolls from the current fiscal year's BENEFIT ASSESSMENT Engineer's Report. COUNTY and CITIES may generate credits toward payments due by providing labor or services in lieu of cash payments. DISTRICT shall determine value of labor or services based on ESTIMATED COS'T'S for the fiscal year. DISTRICT shall invoice COUNTY and CITIES for INDIVIDUAL, CONIIUI3UTION at the beginning of each fiscal year and said invoice shall be due and payable by COUNTY and CITIES within 60 days of receipt of invoice from DISTRICT. The COMBINED CONTRIBUTION for COUNTY and CITIES shall not exceed $2,200,000 (two million, two hundred thousand dollars) annually under this Agreement. 4. Term of the Aareement. The term of this Agreement shall commence on the date of execution by the duly authorized representative of at least three of the five COPERMITTEES. The term of this Agreement shall extend for up to eighteen (18) months beyond the period of time in which the term of the NPDES Permit remains in valid force and effect, unless terminated prior to that date by agreement by all the Parties or withdrawal of all of the Parties in accordance with the terns of this Agreement. 5, Additional Parties. Any City which incorporates after the date of issuance of the NPDES Permit and/or after the commencement of this Agreement ("Prospective City") may file a written request with DISTRICT asking to be added as a Party. Upon receipt of such a request, DISTRICT shall solicit the approval or denial of the Parties. If a majority of the Parties, each having one, co -equal vote, approves the addition of the Prospective City, this Agreement shall be amended to reflect the addition, and the Prospective City shall thereafter become a Party under this Agreement. Upon execution of the Amended Agreement, the Prospective City shall be responsible for the shared costs discussed in Section 3 of this Agreement for the then -current budget year and any subsequent budget year, 6. Withdrawal from the Agreement. Any Party shall be eligible to withdraw from this Agreement after first giving 60 days written notice to the DISTRICT and the CRWQC.3-SDR. The withdrawing Party shall agree in such notice to apply with the CRWQCI3- SDR for a separate NPDES permit and to comply with all of the requirements established by -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 /1/141799 CRWQCI3-SDR. In addition, withdrawal shall constitute forfeiture of all of the withdrawing Party's already -paid share of the costs allocated pursuant to Section 3. The withdrawing Party shall be responsible for any lawfully assessed penalties as a consequence of its withdrawal. In addition, the withdrawing Party shall remain liable as an lndemnitor Party after the effective date of its withdrawal as describes! in Section 7 below. The cost allocations to the remaining Parties shall be recalculated in the following budget year. 7. Mutual Indemnification. Each Party (hereafter "Indemnitor Party") shall indemnify, defend and hold harmless any other Party, together with that Party's employees, officers, managers, governing board members, counsel, representatives and agents (collectively "Indemnitee Parties"), from and against any and all damages, liabilities, losses, demands, lawsuits, orders, actions, causes of action, penalties, judgments, claims, costs and expenses (including reasonable attorneys' fees, including through all appeals) arising from or related lo any violation of the NPDES Permit or this Agreement (collectively "Losses") to the extent caused by (i) by the acts or omissions of the Indemnitor Party and its employees, agents and representatives, (ii) discharges from the Indemnitor Party's jurisdictional area or facilities, and/or (iii) discharges from any MS4 owned or operated by the Indemnitor Party. The obligations of the Indemnitor Party set forth in this Section 7 are non-exclusive and are in addition to, and do not replace or modify, any other rights of action, whether at law or in equity, that any Party may have against another Party. Nothing in this Agreement shall litnit the ability of any Party to seek any relief, legal or equitable, against any non -Party. The obligations set forth in this Section 7 shall survive the termination of this Agreement. as to all such acts, omissions or discharges as described in subparts (i) through (iii) hereinabove that occurred, or are alleged to have occurred, while a Party during the term of the Agreement up until such time that it is terminated. 8. Amendments to the Agreement. Except as provided in Section 5, this Agreement may only be amended by consent of all Parties. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of all Parties. -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 9. Authorized Signatories. The General Manager -Chief Engineer of DISTRICT, the Chief Executive Officer of COUNTY and the City Managers of CITIES (or their designees) shall be authorized to execute all documents and take all other procedural steps necessary to file for and obtain an NPDES permit(s) or amendments thereto. 10. Notices. All notices shall be deemed duly given when delivered by hand; or three (3) days after deposit in the U.S. Mail, postage prepaid. Notice to the Parties shall he sent to the publically advertised mailing address for the Party. 11. Governing Law and Severability. This Agreement shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions of this Agreement shall be determined to he invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 12. Consent to Waiver and Breach. No term or provision hereof shall be deemed waived and no breach excused, unless the waiver or breach is consented to in writing, and signed by the Party or Parties affected. Consent by any Party to a waiver or breach by any other Party shall not constitute consent to any different or subsequent waiver or breach. 13. Entire Agreement. This Agreement and the exhibits attached hereto constitute the entire agreement between the Parties with respect. to the subject matter therein; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. 14. Execution in Counterparts. This Agreement may be executed and delivered in any number of counterparts or copies (counterparts) by the Parties. As each Party has signed and delivered at least one counterpart to the other Parties, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the Parties. 15. Non -Waiver of Objections. The entry into, and the performance of this Agreement by the Parties shall not constitute, nor be construed as, any waiver of the COPERMITTEES' objection to any provisions of the NPDES Permit including, without -14- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/I41799 limitation, any provisions identified in the Petition for Review filed by the COPERMITI"EES with the SWRC13, or that provisions of the NP1)1 S Permit constitute an unfunded State mandate without subvention of State funds. /// -15- 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 77 23 74 25 26 27 28 P8/141799 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the dates set forth below. RECOMMENDER OR -APPROVAL By WARREN D. WILLIAMS General Manager -Chief Engineer Dated: (l APPROVED AS TO FORM: PAMELA J. WALLS Count ounsel' MA/1/1 By /1i1 G�ic1i`V�; KAR. N WATTS-BAZAN Principal Deputy County Counsel Dated: Vje in Ll 2 RECOMMENDED FOR APPROVAL: By LARRY PARRISH Interim County Executive Officer Dated: JU:AMM:cw 11/03/11 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Bakid MARIO ASHLEY, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: KECIA HARPER -THEM Clerk to t Board By Dep ' ty (SEAL) ai COUNTY OF RIVERSIDE By BOB BUSTER, Chairman Riverside County Board of Supervisors ATTEST: KECIA HARPER-IHEM Clerk to the Board By Deputy (SEAL) -16- DEC 0 6 2011 1 /, P8/141799 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the dates set forth below. RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By By WARREN D. WILLIAMS MARION ASHLEY, Chairman General Manager -Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors Dated: APPROVED AS TO FORM: ATTEST: By CeRAC21-26— KECIA HARPER-IHEM Clerk to the Board By PAMELA J. WALLS Deputy County Counsel Dated: (SEAL) RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE By ."vve4/4 BOB BUSTER, Chairman Riverside County Board of Supervisors Dated: ATTEST: KECIA HARPER -THEM Clerk to the Board WHEN DOCUMENT 1S FULLY EXECUTED RETURN CLERK'S COPY to Riverside County Clerk of the Board, Stop 1010 Post Office Box 1147, Riverside, Ca 92502-1147 Thank you. JU:AMM:cw 11/03/11 By (SEAL) -16- nFf 067011 2)a APPROVED AS 'P0 FORM: CITY OF TEMECULA Peter M. Thorson, City Attorney Chuck Washington, Mor By P81141799 A FTEST: wttt✓vt. a nit) Jones, M i, Clerk Dated: /PD �[ 2 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM: By City orney ATTEST: ByC�, City Cler P8/141799 CITY OF MURRIETA Dated: anuar -18- 17, a.o t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM: By / City Attorne/ ATTEST: By /t,C, cc 4. 4Q_ City Clerk CITY OF WILDOMAR By Mayor P8/141799 Dated: 0/ -/q -/ Z -19- Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 23, 2013 SUBJECT: Approval of Plans and Specifications, and Authorization to Solicit Bids for Citywide Repainting of Traffic Striping PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: 1. Approve the plans and specifications, and authorize the Department of Public Works to solicit bids for Citywide Repainting of Traffic Striping; 2. Make a finding that this work is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The City, as part of our maintenance efforts, repaints its traffic striping twice annually in six month intervals. The current contract for repainting of traffic striping is nearing its renewable term limit of five years and now is the appropriate time to solicit bids for a new contract term starting July 1, 2013. Plans and specifications are complete and the work is ready to be advertised for bids. The contract is for a one-year term, July 1, 2013 through June 30, 2014, and may be extended for four additional one-year term or five years total through June 30, 2018. This work is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways and streets are Class 1 activities, which are exempt from CEQA. FISCAL IMPACT: The annual cost estimate for two cycles of repainting of traffic striping is $320,000. Citywide repainting of traffic striping is identified in City's operating budget under account number 170.199.999.5410, which utilizes Measure A funds. Adequate funding for this service is programmed annually. ATTACHMENTS: None Item No. 8 Approvals City Attorney Director of Finance City Manager M-1- OtOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, City Manager DATE: April 23, 2013 SUBJECT: Support of the Governor's Commitment to Lake Perris and the Lake Perris State Recreation Area, and urging other Cities in Southern California to do the same (at the request of Mayor Naggar) PREPARED BY: Betsy Lowrey, Sr. Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE GOVERNOR'S COMMITMENT TO LAKE PERRIS AND THE LAKE PERRIS STATE RECREATION AREA, AND URGING OTHER CITIES IN SOUTHERN CALIFORNIA TO DO THE SAME BACKGROUND: Lake Perris serves as a reservoir that stores water for delivery to urban users in the Metropolitan Water District of Southern California, Coachella Valley Water District, and the Desert Water Agency. In addition, Lake Perris is a state park with roughly 600,000 visitors each year. In 2005, the State Department of Water Resources identified potential seismic safety risks in a section of the foundation of Lake Perris Dam and subsequently lowered the water level at the lake to ensure public safety. However, State Department of Water Resources indicates that the lake cannot remain at this lower level indefinitely because it is needed as an emergency supply storage facility and serves as an important recreation area. The City of Perris has expressed that California Governor Jerry Brown has pledged $92 million in state funds to assist in the needed repairs of the Lake Perris Dam which would also restore the water level of Lake Perris to its historic level and ensure its recreational use as well as its flora and wildlife refuge. However, this funding allocation requires the support of the State Legislature. FISCAL IMPACT: There is no fiscal impact to the City of Temecula. ATTACHMENTS: Resolution RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE GOVERNOR'S COMMITMENT TO LAKE PERRIS AND THE LAKE PERRIS STATE RECREATION AREA, AND URGING OTHER CITIES IN SOUTHERN CALIFORNIA TO DO THE SAME THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Lake Perris State Recreation Area attracts more than 1.1 million visitors each year, generating tens of millions of dollars of economic activity for Riverside County, the Inland Empire and all of Southern California; and WHEREAS, the Lake Perris State Recreation Area offers visitors a convenient, low-cost destination to engage in a wide assortment of recreation activities, including, fishing, swimming, scuba diving, hiking, bicycling, horseback riding and rock -climbing; and WHEREAS, the Lake Perris State Recreation Area is home to a panoply of plant life, such as brittlebrush, desert encelia, sagebrush, black and white sages, buckwheat, cactus, chamise, penstemon, interior live oak, sugar bush, California poppies, phacelia and common fiddleneck; and WHEREAS, the Lake Perris State Recreation Area offers sanctuary for more than 100 species of birds, including bald eagles, Golden Eagles, hawks, falcons, roadrunners, loggerhead shrikes, larks, California thrashers, California quail, hummingbirds and ospreys; and WHEREAS, California Gov. Jerry Brown has pledged $92 million in state funds to assist in the needed repairs of the Lake Perris State Recreation Area Dam, thereby restoring the water level of Lake Perris to its historic level and ensuring its legacy as a recreation gem and flora and wildlife refuge NOW THEREFORE BE IT RESOLVED that the City Council of the City of Temecula supports the Governor's commitment to Lake Perris and the Lake Perris State Recreation Area and urges other cities, communities and agencies throughout Southern California to do the same. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day ofApril, 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 23rd 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 Item No. 9 ORDINANCE NO. 13-03 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 Ords 13-03 1 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 Ords 13-03 2 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 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). Ords 13-03 3 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). 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. Ords 13-03 4 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. 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: Ords 13-03 5 "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. 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. Ords 13-03 6 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of April, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Ords 13-03 7 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. 13-03 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 23rd 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 Ords 13-03 8 Item No. 10 ORDINANCE NO. 13-04 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. 13-04 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. Ords 13-04 1 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. Ords 13-04 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of April, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Ords 13-04 3 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. 13-04 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 23rd 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 Ords 13-04 4 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). 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 t2- 9-97; 6:32PM;CILy 04 Temecula ;9096946477 VICINITY MAP RORIPAUGH RANCH SPECIFIC PLAN - EIR City of Temecula Figure 2 /1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 El] ->, ___ r J " qeK . 2 on LM II4AC 90005 �4C >•RK wen) P1Oa1Rr ,f +—air ,u Ac FIGURE 2-1 13 Os, 17e.e AO NAP i ' 33B LAND USE CODE ACRES DENSITY UNITS 1 a` LOW DENSITY RESIDENTIAL L 107 6 1 1 117 7-1 LOW MEDIUM DENSITY RESIDENTIAL LM 194 6 4 a 939 �• MED DENSITY RES tStandard) MI 21 5 5 7 122 771 MW DENSITY RES (Clustered Coumardl M7 88 9 g a 837 33A 3E1 NEIGHBORHOOD COMMERCIAL NC 15 a 401 NEIGHBORHOOD PARK NP 5 1 1001/1 • SPORTS PARK SP 19 7 PRIVATE MINI PARK MP 3 PR,VATE RECREATION CENTER RC 92 ER EOUCATIONAL (ScnoolM SI. S2 32 0 EJ PUBLIC •NSTITUTIOAAL (Frrc 51aeo0) PI 2 0 G HABITAT OSI 2027 ME FLOOD CONTROL 0S2 39 1 L= LANDSCAPE SLOPES(Manulaaurec Slopes) 0S3 21 2 PUBLIC STREETS 35 4 PRIVATE STREE'S 9 8 GRAND TOTAL LEGEND 9047 25 2.015 Imes/MEI City County Bourdary '__PeOeslnan Bndge_�11 1 C I 0 3.2 • C k 23 � 51AC '27 200/8 1a pits 2b 1p 1 AC b pus I Notes A 15' wR1e muln•use !cal K located m Pia -ring Areas 19 20 and 21 adlacenl b? a property boundary Planning Areas 19 20 71 33A and 338 will nave 1 acre minimum Ices adlacenl 10 the pro0eny boundary and 112 acre minimum LOSS adladenl to the 1 acre 1018 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 not 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 not 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 not 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 EIR. 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 lSt Amendment, February 14, 2006 2"d Operating Memorandum, March 21, 2006 3`d Operating Memorandum, August 31, 2006 4th Operating Memorandum, March 6, 2007 5th Operating Memorandum, October 26, 2010 61h 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. 2nd 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 Item No. 11 ORDINANCE NO. 13-05 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 Ords 13-05 1 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. Ords 13-05 2 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: Ords 13-05 3 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. Ords 13-05 4 "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. Ords 13-05 5 "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. Ords 13-05 6 "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. Ords 13-05 7 "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. Ords 13-05 8 "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. Ords 13-05 9 "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 Ords 13-05 10 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. Ords 13-05 11 "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 Ords 13-05 12 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. Ords 13-05 13 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. Ords 13-05 14 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," Ords 13-05 15 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); Ords 13-05 16 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. Ords 13-05 17 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 Ords 13-05 18 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) Ords 13-05 19 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. Ords 13-05 20 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. Ords 13-05 21 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. Ords 13-05 22 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. Ords 13-05 23 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. Ords 13-05 24 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." Ords 13-05 25 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 23rd day of April, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Ords 13-05 26 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. 13-05 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 23rd 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 Ords 13-05 27 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 12 ACTION MINUTES of April 9, 2013 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 8:04 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS • Tom Vining • Ernie White CSD CONSENT CALENDAR 15 Action Minutes — Approved Staff Recommendation (4-0-1, President Comerchero absent) Director Naggar made the motion; it was seconded by Chuck Washington; and electronic vote reflected approval, with one absence. 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 — Approved Staff Recommendation (4-0-1, President Comerchero absent) Director Naggar made the motion; it was seconded by Chuck Washington; and electronic vote reflected approval, with one absence. 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 CSD BOARD OF DIRECTORS REPORTS 1 CSD Action Minutes 040913 CSD ADJOURNMENT At 8:13 P.M., the Community Services District was formally adjourned to 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. ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] 2 CSD Action Minutes 040913 Jeff Comerchero, President Item No. 13 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager Pri/-e-r-- OtoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT General Manager/Board of Directors Tamra Irwin, Acting Director of Community Services April 23, 2013 TCSD Proposed Rates and Charges for Fiscal Year 2013-14 PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2013-14 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council also serves as the Board of Directors of the TCSD. The four current service levels of the TCSD include: 1. Service Level B — 2. Service Level C — 3. Service Level D — 4. Service Level R — Residential Street Lighting. Perimeter Landscaping and Slope Maintenance. Residential Recycling and Refuse Collection. Unpaved Road Maintenance. Service Level B — Residential Street Lighting The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates. Service Level C — Perimeter Landscaping and Slope Maintenance As a result of various property owner elections there are four (4) zones that are subject to an annual increase in their rate and charge based on the CPI change from December to December. The CPI change from December 2011 to December 2012 was 1.9%. As a result, the following zones will see a slight increase in their rates for Fiscal Year 2013-14. Zone No. and Name 6 - Woodcrest County 29 - Gallery Portraits 31 - Roripaugh Ranch 32 - Vinyard View 12-13 Rate $ 100.22 $ 357.70 $ 29.52 $ 675.18 13-14 Rate $ 102.12 $ 364.48 $ 30.08 $ 688.00 Zones 31 and 32 were previously established however due to delays in construction these developments will not be assessed in Fiscal Year 2013-14. All other zones are not proposed to increase at this time. Service Level D — Residential Recycling and Refuse Service An increase is proposed to the annual rate and charge for Service Level D from $237.28 to $238.03 per residential unit beginning Fiscal Year 2013-14. This is a $0.75 increase. The increase is due to a CPI increase of 2.03% and a Diesel Fuel Component Index (DFCI) increase of 3.04% and a land -fill tipping fee increase of $0.55. Per our Franchise Agreement the CPI, DFCI, and land -fill tipping fee increases may cause our Service Level D rate and charge to change. Service Level R — Unpaved Street and Road Maintenance The TCSD Rates and Charges for Service Level R are not proposed to increase from their approved per parcel rate. The TCSD is required to complete an annual levy process which includes adopting a resolution accepting the filing of a report on the proposed rates and charges necessary to provide the aforementioned services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for Fiscal Year 2013-14 and schedule a public hearing concerning these issues for June 11, 2013. Staff will then proceed with noticing each affected property owner in the City regarding the proposed rates and charges within a minimum of forty five (45) days on or prior to the June 11, 2013 public hearing. FISCAL IMPACT: The revenue generated for the TCSD Fiscal Year 2013-14 Rates and Charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The estimated TCSD service level budget for Fiscal Year 2013-14 is $9,552,688. ATTACHMENTS: 1. Resolution of Intention 2. Public Hearing Notice RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2013-14 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Section 61115. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lights, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2013-2014 fiscal year. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for the California Revenue and Taxation Code Section 4831. Section 3. Pursuant to Government Code Section 61115, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD. This Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2013-2014. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 11th day of June, 2013, at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, located at 41000 Main Street, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115. The District Secretary is further directed to give notice, pursuant to Section 6 of Article XIIID of the California Constitution, regarding any increases proposed in the Report with respect to any of the rates and charges. Section 6. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 23rd day of April, 2013. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 13- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 23rd day of April, 2013, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Temecula Community Services District Fiscal Year 2013-2014 (July 1, 2013 - June 30, 2014) Levy and Collection of Rates and Charges NOTICE OF PUBLIC HEARING The Temecula Community Services District (TCSD) provides street lighting, perimeter landscaping, slope maintenance, unpaved street and road maintenance, and refuse collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of Temecula, and the City Council also serves as the Board of Directors of the TCSD. NOTICE IS HEREBY GIVEN that on Tuesday, June 11, 2013 at 7:00 p.m., or as soon thereafter as practicable, in the City Council Chambers at City Hall, 41000 Main Street, Temecula, California 92590, the Board of Directors of the Temecula Community Services District (the 'TCSD") will hold a public hearing on the levy and collection of rates and charges within the TCSD on the property tax rolls for Fiscal Year 2013-2014. SUMMARY OF PROPOSED SERVICES FOR FY 2013-2014 Property owners in the City of Temecula only pay for the services used and made available to their property. Attached to this notice, and incorporated herein, is a page summarizing the rates and charges applicable to your parcel. All rates and charges are levied on an annual basis and collected along with property taxes. The services provided by the TCSD are divided into four Service Levels: 1. Service Level B — Residential Street Lighting. Operation, maintenance, utility costs and administration of residential streetlights. This established rate of $25.68 is not proposed to increase from last year. 2. Service Level C — Perimeter Landscaping. Operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the TCSD. The rates for Zone 6 (Woodcrest Country) and Zone 29 (Gallery Portraits) will increase as approved by property owners. All other zones' rates are not proposed to increase from last year. 3. Service Level D — Recycling and Refuse Collection. Operation and administration of the refuse and recycling program for single-family dwellings. The proposed rate for Fiscal Year 2013-2014 is $238.04. Service Level R — Unpaved Road Maintenance. Operation and administration of certain unpaved streets and roads maintained by the TCSD. These rates are not proposed to increase from their approved per parcel rate. The TCSD rates and charges are based on the written report prepared in connection with the rates and charges for Fiscal Year 2013-2014 (the "Report"), which is on file with the District Secretary. A copy of the Report is available for public inspection at City Hall, 41000 Main Street, Temecula, California, Monday through Friday from 8:00 a.m. to 5:00 p.m. CHANGES FROM LAST YEAR PERIMETER LANDSCAPING AND SLOPE MAINTENANCE—SERVICE LEVEL C The following zones' rates will increase based on a CPI adjustment: Zone 6 Woodcrest Country annual assessment will increase from $100.22 to $102.12. Zone 29 Gallery Portraits annual assessment will increase from $357.70 to $364.48. - 1 - CHANGES FROM LAST YEAR - CONT - RECYCLING AND REFUSE — SERVICE LEVEL D An increase is proposed to the annual rate and charge for Service Level D (Refuse Collection/Recycling) from $237.28 to $238.04. UNPAVED ROAD MAINTENANCE — SERVICE LEVEL R For 2413-2414 the parcels will be assessed at the full rate in the amounts of $115.26 for improved parcels and at $57.62 for unimproved parcels within Service Level R. RATES AND CHARGES APPEAL PROCESS Any property owner subject to the rates and charges who wants a review of the classification or application of the rate or charge to the owner's property, or alleges that an error has been made with respect to the application of the rate or charge to the property, must file with the District Secretary a written appeal in accordance with District regulations prior to 5:00 p.m. on December 2, 2013. Any property owner subject to a rate and charge who believes that payment of all or a portion of the rate and charge would create a hardship for such property owner during fiscal year 2013-2014 must file with the District Secretary a written hardship appeal in accordance with District regulations prior to 5:00 p.m. on December 2, 2413, in order to be considered under the hardship appeal program. Appeal forms are available at City Hall. TCSD BUDGET FOR FISCAL YEAR 2013-2014 (JULY 1, 2013 TO JUNE 30, 2014) The proposed budget for the TCSD for Fiscal Year 2413-2414 is as follows: Service Level B $1,418,863 Service Level C 1,862,796 Service Level D 6,656,497 Service Level R 14,532 Total $9,552,688 PUBLIC HEARING At the Public Hearing scheduled for June 11, 2013 at 7:00 pm, or as soon thereafter as practicable, the Board of Directors will review and consider any written protest received in person by the District Secretary at City Hall, 41000 Main Street, Temecula, California, 92590, prior to the scheduled hearing. The Board will also listen to public comments by all interested individuals concerning the proposed rates and charges of the TCSD for FY 2013-2014. PUBLIC WORKSHOP A community workshop will be held at City Hall in the Main Conference Room on Wednesday evening, May 15, 2013, at 6:00 p.m. to answer questions and concerns prior to the Public Hearing. City Hall is located at 41000 Main Street, Temecula, California. The workshop is open to the public, and all property owners are encouraged to attend. QUESTIONS AND INQUIRIES If you have any questions, please don't hesitate to contact the Public Works Department at (951) 694-6411. The Public Works Department is located at City Hall, 41444 Main Street, Temecula, California, 92590. Thank you for taking the time to review this information and we are looking forward to serving you. - 2 - PUBLIC HEARING Item No. 14 Approvals M'r. City Attorney Director of Finance 7i City Manager OLOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: April 23, 2013 SUBJECT: Approval of the 2013-2014 Annual Action Plan which includes the Community Development Block Grant (CDBG) funding recommendations for Fiscal Year 2013-14 PREPARED BY: Luke Watson, Senior Planner RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2013-2014 ANNUAL ACTION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING THE PROPOSED USE OF FUNDS FOR FISCAL YEAR 2013-14 BACKGROUND: Each year the Federal Department of Housing and Urban Development (HUD) provides funds to local jurisdictions through the Community Development Block Grant Program (CDBG). CDBG funds are used to benefit low and moderate -income residents through the funding of non-profit service providers and capital expenditure projects that create decent housing, establish a suitable living environment, and expand economic opportunities. Regulations governing the distribution of CDBG program funds require that each activity undertaken with CDBG funds meet one of the following three broad national objectives: • Benefit people with low and moderate incomes • Aid in the prevention or elimination of slums and blight • Meet an urgent need (such as earthquake, flood, or hurricane relief) Since 1992, the City of Temecula has participated in the Riverside County Economic Development Agency (EDA) Urban County Entitlement program in order to receive annual CDBG funding. On June 14, 2011, the City Council adopted a resolution (Resolution No. 11-42) which requested that HUD designate the City of Temecula as an Entitlement City. As an Entitlement City, the City of Temecula will receive annual CDBG funds directly from HUD and will be responsible for all the grant administration. To obtain entitlement status HUD requires that the City develop and submit a Five-year Consolidated Plan that establishes goals for the use of CDBG funds, and an Annual Action Plan that guides the yearly use of CDBG funds and identifies the specific activities to be undertaken by the City during each fiscal year. Each year the City must prepare an updated Annual Action Plan and that updated plan must be submitted to HUD no later than May 15`". The Annual Action Plan serves as the annual application for CDBG funds. SUMMARY OF CONSOLIDATED PLAN: The Consolidated Plan consists of various components that assess the City's current housing market, analyze demographic, ethnic, and socio-economic conditions, and identify populations within the City who have the greatest community and housing needs, including seniors, families, persons who are homeless or at -risk of homelessness, and persons with disabilities. It also defines the City's priority needs, strategies, and objectives for reducing the most prevalent barriers to housing and services in our community. The Consolidated Plan is designed to be a collaborative process whereby community input is gathered and utilized to establish effective housing and community development strategies that respond to the needs of the community. Based on input gathered from the public, the City has identified the following high priorities and objectives for allocating CDBG funds: • Promote, preserve, and assist in the development of affordable housing for low and moderate income residents, special needs groups, those at -risk of homelessness, and disproportionately impacted residents. • Improve and expand infrastructure and facilities that benefit low- and moderate -income neighborhoods and residents. • Provide and improve access to public services for low- and moderate -income persons and those with special needs. • Provide for the economic development needs of low- and moderate -income persons and neighborhood target areas. • In addition to these goals, the Annual Action Plan contains a complete list of non-profit service providers and capital projects that are recommended for funding in Fiscal Year 2012-13 and an outline of the process used to develop these recommendations. PUBLIC OUTREACH: The Consolidated Plan regulations require that jurisdictions set forth policies and procedures to encourage citizen participation (and particularly participation by persons of low- or moderate -incomes) during the development of these plans and during the overall administration of the City's CDBG program. Temecula's Five-year Consolidated Plan and Annual Action Plan were developed with a strong emphasis on community input. The City provided a number of opportunities for public input including surveys, public meetings and focus groups, email and newspaper notices, and the 30 -day draft public review and comment period. All public comments provided to the City, either verbally, or in writing will be included in the appendices of the document when submitted to HUD for final approval. FISCAL YEAR 2013-14 FUNDING: The City's allocation for Fiscal Year 2013-14 is anticipated to be $380,446. Due to the Federal Government's enactment of sequestration, the City has not received a final official allotment for fiscal year 2013-14. The estimation of $380,446 is based on Department of Housing and Urban Development (HUD) guidance to entitlement communities should expect no more than 80% of the allocation received in fiscal year 2012-13. Of the $380,446 estimated for fiscal year 2013-14, a maximum of 20 percent ($76,089) may be allocated for staff administration of the Program, leaving $304,357 remaining for capital project and public service funding. According to CDBG regulations, a maximum 15 percent of the allocation may be allocated to public services. In September of 2012 the City invited applications for funding from non-profit agencies, and a total of ten (10) applications were submitted. All ten (10) were determined to meet HUD's national objectives for CDBG funding eligibility. Additionally, three (3) public facilities projects, identified as high priorities in the City's Five -Year Consolidated Plan, were determined to be eligible for additional funding. Those three (3) projects include the Temecula Community Center (TCC) Rehabilitation, and Sam Hicks Monument Park Playground Replacement, and a Supportive/Transitional Housing Facility. The Finance Committee, composed of Mayor Mike Naggar and Councilmember Chuck Washington, met on February 26, 2013. After thorough review, the Finance Committee proposed CDBG funding for seven (7) public service organizations, and two (2) high priority public facilities projects. As summarized in the following table, the Finance Committee is recommending a total expenditure of $57,067 for public services and $247,290 for public facilities. Fiscal Year 2013-2014 CDBG ALLOCATION FUNDING CATEGORY FUNDING ALLOCATION Estimated CDBG Allocation $ 380,446 Program Administration (20% cap) $ 76,089 Public Services (15% cap) $ 57,067 Public Facilities $ 247,290 • Temecula Community Center Rehab • $122,290 • Sam Hicks Monument Park Rehab • $125,000 In the event that the City's allocation is reduced or increased, the Finance Committee recommended that all projects be reduced or increased equally. FISCAL IMPACT: The timely submittal of the Annual Action Plan to HUD enables the City to become eligible to receive and distribute approximately $380,446 in entitlement funds for Fiscal Year 2013-14. ATTACHMENTS: 1. Resolution 2. Finance Committee Funding Recommendations for Fiscal Year 2013-14 3. Draft Fiscal Year 2013-14 Annual Action Plan RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2013-2014 ANNUAL ACTION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING THE PROPOSED USE OF FUNDS FOR FISCAL YEAR 2013-14 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. A. The City Council adopted Resolution No. 11-42 on June 14, 2011 initiating the City to obtain entitlement community status from the US Department of Housing and Urban Development (HUD), and authorized the Director of Planning to prepare and return for City Council approval all documents required for the designation as an entitlement city, including a Five-year Consolidated Plan, an Action Plan, a Citizen Participation Plan, an Analysis of Impediments to Fair Housing, and a Community Development Needs Assessment; B. The City Council adopted Resolution No. 11-78 on November 1, 2011, approving a Citizen Participation Plan that sets forth the City's policies and procedures for citizen participation in the development of its Five-year Consolidated Plan, Annual Action Plans, Annual Performance Reports, and any substantial amendments deemed necessary for direct administration of federal CDBG funds. C. The City Council adopted Resolution No. 12-30 on April 10, 2012, approving the Five-year Consolidated Plan and Annual Action Plan required by the US Department of Housing and Urban Development (HUD) for the City to receive federal CDBG funds each year. D. The Annual Action Plan includes HUD entitlement funding and the proposed use of federal CDBG funds for the upcoming Fiscal Year 2013-14. Section 2. Findings. The City Council of the City of Temecula hereby finds, determines and declares A. Pursuant to Title 24, Housing and Urban Development, of the Code of Federal Regulations, Subtitle A Office of the Secretary, Department of Housing and Urban Development, Part 91 Consolidated Submissions For Community Planning And Development Programs (24 CFR Part 91) each entitlement jurisdiction must adopt a Five-year Consolidated Plan that states its overall plan to develop a viable urban community by providing for decent housing, a suitable living environment, and expanding economic opportunities, principally for low- and moderate -income persons; and B. The City Council must adopt a plan that serves the following functions: 1. A planning document for the jurisdiction, which builds on a participatory process among citizens, organizations, businesses, and other stakeholders; 2. A submission for federal funds under HUD's formula grant programs for jurisdictions; 3. A strategy to be followed in carrying out HUD programs; and 4. A management tool for assessing performance and tracking results. C. On April 10, 2012, the City Council held a duly noticed public hearing on the proposed Five -Year Consolidated Plan and considered all of the comments made on the proposed Five -Year Consolidated Plan. D. On April 23, 2013, the City Council held a duly noticed public hearing on the proposed Annual Action Plan (2013-2014) and the matters set forth in this Resolution. Section 3. The proposed action on the Five -Year Consolidated Plan (2012- 2016), the Annual Action Plan (2013-2014) is exempt from National Environmental Policy Act (NEPA) pursuant to the provisions of the National Environmental Policy Act and specifically 24 CFR 58.34(a)(1) because the Five Year Consolidated Plan and CDBG funding recommendations are resource identification studies and the development of plans and strategies for the prioritization and funding of proposed programs through CDBG and the proposed action involves the feasibility and planning studies to determine prioritization and CDBG funding to begin the development of certain projects. The potential projects discussed in the proposed actions that might involve physical activity will be reviewed under NEPA or the California Environmental Quality Act (CEQA) as part of the development of those projects. The proposed action is also exempt from CEQA per CEQA Guidelines Section 15262 and 15378(b)(4). Section 4. The City Council hereby approves the Annual Action Plan (2013- 2014) and any and all other documents deemed necessary by HUD to obtain the annual CDBG allocation of the federal CDBG funds and authorizes and directs the City Manager to execute and the City Clerk to attest to the execution of these documents. Section 5. The City Council hereby approves an application for CDBG Entitlement funds in the amount of $380,446; the allocation of the CDBG current year program administration of $76,089; the allocation of the CDBG current year program income of $304,357 for a total of $380,466 for the 2013-2014 CDBG program activities; Section 7. Mayor pro Tem Maryann Edwards did not participate in the public hearing and the Council consideration of this matter and was not present in the Council Chamber when the public hearing was held and the matter considered by the City Council. Mayor pro Tem Edwards is the Executive Director of the Boys and Girls Club of Southwest County, an IRS 501(c)(3) tax exempt organization serving the applicable communities. The Boys and Girls Club of Southwest Riverside County is one of the non-profit service providers recommended for funding and whose property is located within 500 of the Temecula Community Center property which is proposed for public facilities funding. Section 8. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd 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 23rd 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 FINANCE COMMITTEE FUNDING RECOMMENDATIONS CDBG FY 2013-14 PUBLIC SERVICES FY 2013-14 Funding Recommendation Assistance League of Temecula Valley Operation School Bell $ 8,152 Boys & Girls Club of Southwest County Before and After School Care $ 8,152 Safe Alternatives For Everyone, Inc. Domestic Violence Services Program $ 8,152 Senior Citizen Service Center Emergency Assistance Program $ 8,152 Single Mothers United in Rewarding Fellowship (SMURF) SMURF Childcare Program $ 8,152 Temecula Murrieta Rescue Mission (Emergency Food Program) $ 8,152 VNW Circle of Care Food Ministry $ 8,152 TOTAL PUBLIC SERVICES $ 57,067 PUBLIC FACILITIES Temecula Community Center Rehab $ 122,290 Sam Hicks Park Rehab $ 125,000 TOTAL PUBLIC FACILITIES $ 247,290 GRAND TOTAL $ 304,357 2013-2014 g!. PNroF* SII Iiix CITY OF TEMECULA Annual Action Plan 111111 �e Year 2013-2014 oQ e4N ooh` for Fiscal Table of Contents I. Action Plan for Fiscal Year 2013-2014 Executive Summary 91.220 (b) Citizen Participation 91.220 and 91.220 (b) Resources 91.220 (c) (1) and (c) (2) Annual Objectives 91.220 (c) (3) Description of Activities 91.220 (d) and (e) Geographic Distribution / Allocation Priorities 91.220 (d) and (f) Annual Affordable Housing Goals 91.220 (g) Public Housing 91.220 (h) Homeless and Special Needs 91.220 (1) Barriers to Affordable Housing 91.220 (j) Other Actions 91.220 (k) II. Program Specific Requirements CDBG 91.220 (I) (1) HOME 91.220 (I) (1) HOPWA 91.220 (I) (4) ESG 91.220 (I) (4) III. Other Narratives and Attachments Appendices A. Certifications B. SF 424 Form C. Listing of Proposed Projects (HUD Table 3C) D. Proof of Publication E. City Maps 1 2 2 6 7 8 10 15 17 17 18 19 20 24 24 25 26 26 27 2013-2014 CITY OF TEMECULA The CPMP Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. Narrative Responses ACTION PLAN Annual Action Plan includes the SF 424 and is due every year no less than 45 days prior to the start of the grantee's program year start date. HUD does not accept plans between August 15 and November 15. Executive Summary 91.220(b) 1. The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. Introduction — Program Year 2 As an Entitlement Community receiving annual funding allocations from the Federal Government to fund local housing and community development needs, the City of Temecula is required to develop a Consolidated Plan once every five years. The Consolidated Plan serves as a comprehensive guide on how the City intends to utilize the allotted federal funds to address national objectives in a manner that will produce the greatest measurable impact on the local community. For each succeeding year, the City is required to prepare a one year Action Plan to notify citizens and the US Department of Housing and Urban Development (HUD) of how the City intends to use the entitlement grant funds it receives from HUD to meet the goals and objectives identified in the Five -Year Strategic Plan. The annual Action Plan includes citizen and stakeholder input and is due to HUD field office in Los Angeles 45 days prior to the beginning of the fiscal year. The City of Temecula has prepared this draft Second -Year Action Plan covering the time period from July 1, 2013 to June 30, 2014. At the end of each fiscal year, the City must also prepare a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to HUD and Temecula citizens about the year's accomplishments. Beginning in 2013, the City of Temecula anticipates receiving approximately $380,446 through the federal Community Development Block Grant (CDBG) program to fund housing, community development and social service activities. The 2013 program year will be the second time Temecula has received CDBG directly, as an entitlement community. Due to the federal sequestration and delay in receiving an official letter from HUD confirming the City's CDBG allocation for program year 2013-2014, the City has estimated a grant amount of $380,446 based on 80 percent of the City's previous year allocation of $475,558. 2 2013-2014 CITY OF TEMECULA Resident and Stakeholder Priority Needs The Community Development Department administers CDBG on behave of the City. The following goals will continue to guide the Community Development Department in assigning priorities to needs in 2013-2014. • Promote, preserve, and assist in the development of affordable housing for low and moderate income residents, special needs groups, those at -risk of homelessness, and disproportionately impacted residents. • Improve and expand infrastructure and facilities that benefit low and moderate income neighborhoods and residents. • Provide and improve access to public services for low and moderate income persons and those with special needs. • Provide for the economic development needs of low and moderate income persons and neighborhood target areas. • Provide for administration and planning activities to develop housing and community development strategies to carry out actions that address identified needs in the Consolidated Plan. This plan for allocating funds is consistent with the top priorities identified by residents and stakeholders who participated in development of the Annual Action Plan and 2013-2014 funding process. The Community Development Department held two community workshop meetings on November 26, 2012, to collect citizen to collect citizen input regarding community development and housing needs for the City of Temecula. Public meeting attendees prioritized affordable housing and supportive services for special needs populations including youth, seniors, single mothers, domestic violence victims, and homeless as top needs. As described below, the City has prioritized supportive services and improvement to facilities that benefit low and moderate income neighborhoods and residents (playgrounds, community center). In mid-October 2012, the Community Development Department released the availability of funds to interested non-profit service providers who could then apply to receive 2013-2014 CDBG funds. On December 14, 2012, the Community Development Department received 10 applications from public service providers. The total amount requested was $221,754, demonstrating a tremendous need for CDBG funds in our community. The following organizations submitted CDBG funding Applications: • Assistance League of Temecula Valley • Boys & Girls Clubs of Southwest County • CASA for Riverside County • Fair Housing Council of Riverside County • Senior Citizens Service Center • Council of Riverside County Safe Alternatives for Everyone, Inc. (SAFE) • Single Mothers United in Rewarding Fellowship (SMURF) • Temecula Community Pantry • Temecula Murrieta Rescue Mission • VNW Circle of Care 3 2013-2014 CITY OF TEMECULA Each application was reviewed for CDBG eligibility, compliance with a National Objective and conformance to the 2012-2016 Consolidated Plan - Strategic Plan goals that were established last year. The Community Development Department presented draft funding recommendations to the Finance Committee of the City Council in a public meeting held on April 23, 2013, at the Temecula Civic Center. The Finance Committee recommended City Council approval of the draft 2013- 2014 funding recommendations. 2013-2014 Objectives and Outcomes The major objectives and expected outcomes for 2013-2014 Action Plan are: Objectives Decent Housing (Availability/Accessibility) DH -1. Promote, preserve, and assist in the development of affordable housing for low and moderate income residents, special needs groups, those at -risk of homelessness, and disproportionately impacted residents. Suitable Living Environment (Sustainability) SL -3. Improve and expand infrastructure and facilities that benefit low and moderate income neighborhoods and residents. Suitable Living Environment (Affordability, Sustainability) SL -1, SL -3. Provide and improve access to public services for low and moderate income persons and those with special needs. Economic Opportunity (Availability/Accessibility) EO -1. Provide for the economic development needs of low and moderate income persons and neighborhood target areas. Administrative. Provide for administration and planning activities to develop housing and community development strategies to carry out actions that address identified needs in the Consolidated Plan. Year One Outcomes DH -1. Decent Housing (Availability and Accessibility). Support the development of supportive/transitional housing through partnership with affordable housing developers SL -3. Suitable Living Environment (Sustainability). Provide $122,290 of CDBG to renovate Temecula Community Center Provide $125,000 of CDBG to design and construct a new play structure at Sam Hicks Monument Park, located in a low income neighborhood Provide CDBG to assist with the operations of the following social service agencies who work with low income and special needs residents: • Domestic violence services • Food pantry • Child and before and after school care • Advocacy and supportive services for at -risk youth 4 2013-2014 CITY OF TEMECULA SL -2. Suitable Living Environment (Affordability). Provide clothing and school supplies to children in low income families EO -1. Economic Opportunity (Availability/Accessibility). Operation of a business technology incubator program to assist and accelerate the successful development of entrepreneurial companies, thus creating additional jobs, product, and innovation to Temecula and the region Support job creation activities through partnership with the Temecula Valley Chamber of Commerce and revitalization activities Activities to be Undertaken During the 2013-2014 Action Plan, Temecula plans to allocate its CDBG funds to address worst case needs, including: • Rehabilitation of a community center located in a low income area, • Replacement of equipment and accessibility improvements at a community park and playground • Food, clothing, school supplies, emergency assistance and counseling services to low income children, at -risk families and homeless residents, • Services for at -risk youth and families who are victims of domestic violence and abuse, • Child care and afterschool care for low income children Table 1 summarizes the proposed use of CDBG funds during Fiscal Year 2013- 2014 by general activity, funding amount, and percentage of total allocation. Table 1 Proposed Use of Funds Program Type Dollars Percent of Allocation CDBG Funds CDBG Administration/Fair Housing Administration $76,089 ° 20 /o Public Services $57,067 15% Public Facilities and Infrastructure Improvements $247,290 65% Total $380,446 100% 5 2013-2014 CITY OF TEMECULA Citizen Participation 91.22O(b) 2. Provide a summary of the citizen participation and consultation process (including efforts to broaden public participation in the development of the plan. As a prerequisite to submitting the One -Year Action Plan, the City's Citizen Participation Plan and CDBG implementing regulation 24 CFR 92.105 require that a public hearing be held to allow citizens and public service agencies an opportunity to express their views concerning the use of CDBG funds. Temecula's year two Action Plan was developed with a strong emphasis on community input. To broaden participation in the Plan, the City provided a number of opportunities for public input including public meetings and a 30 -day draft public comment period. Specifically, ■ The City of Temecula held two community workshop meetings on November 26, 2012, to collect citizen input regarding community development and housing needs, and provide assistance to non-profit organizations and government agencies submitting an application requesting CDBG funds from the City of Temecula. One meeting was held in the early evening to accommodate work schedules and one meeting was held during daylight to accommodate those uncomfortable driving at night. Notices for the community workshop meetings were publicized on the City's website, Facebook page, mailed to the Citizen Participation Plan (CPP) mailing list, published in the local newspaper for a 15 -day period, posted at the Temecula public library and civic center, and emailed to several local business and affordable housing professionals. ■ On February 26, 2013, the City of Temecula Finance Committee met to consider the CDBG funding recommendations for Fiscal Year 2013-2014. The City Finance Committee performs in an advisory manner to City staff and to the City Council concerning planning, implementing, and assessing CDBG programs and activities. Notices for this meeting were publicized on the City's website, published in the local newspaper for a 10 -day period, and posted at the Temecula public library and civic center ■ Prior to adoption, the draft Action Plan will be made available to the general public for a period of 30 -days in order to provide them with an opportunity to review the recommendation for funding. In compliance with the City's approved Citizen Participation Plan and CDBG implementing regulation 24 CFR 92.105, a public notice was published to solicit comments from interested citizens regarding the City's 2013-2014 One -Year Action Plan. The public hearing comment period will commence in early March, and public comments will be included in the Action Plan prior to the City Council public hearing in April. The community workshop efforts resulted in participation by 11 stakeholders in the development of the 2013-2014 One -Year Action Plan. 6 2013-2014 CITY OF TEMECULA Stakeholders represent a broad professions represented included: • Affordable housing provision; • Child protective services; • Fair housing; • Foreclosure/loss mitigation prevention; • Higher education; • Homeless services; • Landlord/tenant services; Participating stakeholders serve a • Elderly; • Families on CalWorks cash assistance; • Immigrants; • Low income individuals; • Persons with a developmental disability; • Persons and families who are homeless; spectrum of interests. The industries and • Rental property owners and managers; • Senior services; • Services for low income residents; • Services for single mothers; • Social services; and • Youth development. variety of populations in Temecula, including; • Persons with HIV/AIDS; • Persons with a mental illness; • Persons with a physical disability; • Persons with substance abuse/addiction; • Victims of domestic violence; • Single mothers; and • Youth. The City is committed to participation of minorities, non-English speaking persons, and persons with disabilities in the Consolidated Plan process. Wherever a significant number of extremely low- and low-income persons speak and read a primary language other than English, translation services at all public hearings are provided in such language if translation services are available and requested in advance at least 72 hours prior to the public meeting. 3. Provide a summary of citizen comments or views on the plan. Comments will be added here once they are received during the draft comment period. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. The City accepted all comments during the citizen participation process. Resources 91.22O(c)(1) and (c)(2) 5. Identify the federal, state, and local resources (including program income) the jurisdiction expects to receive to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. The following resources are available to the City of Temecula and will be used to carry out the 2012 - 2016 Strategic Plan and the 2013-2014 Action Plan of the 2012-2016 Consolidated Plan. 7 2013-2014 CITY OF TEMECULA FEDERAL PROGRAMS: Community Development Block Grant (CDBG) Program. Urban communities may use funds to address neighborhood revitalization, economic development, provisions of improved community facilities, prevention and elimination of slums or blight, and activities aiding low and moderate income families. For the 2013 Action Plan, the City will be receiving an estimated $380,446 of CDBG Entitlement funds. These funds have been allocated as indicated in the listing of Proposed Projects to address the priority needs identified in the 2012 - 2016 Strategic Plan. There is no match required for these funds. STATE AND LOCAL PROGRAMS: The City does not have any state or local sources available to supplement the use CDBG Entitlement funds. 6. Explain how federal funds will leverage resources from private and non-federal public sources. The service funds leverage private donations and local support from United Way and other organizations for the operating funds for non-profit organizations. The City continues to apply for non-federal funds that may become available through the state or county to help address priority needs. Annual Objectives 91.220(c)(3) *If not using the CPMP Tool: Complete and submit Table 3A. *If using the CPMP Tool: Complete and submit the Summary of Specific Annual Objectives Worksheets or Summaries.xls Goals and objectives to be carried out during the action plan period are indicated by placing a check in the following boxes. ml Objective Category: Decent Housing Which includes: �■ 7 Objective, Category: Expanded Economic Opportunities Which includes: El n Objective Category: Expanded Economic Opportunities Which includes: . job creation and retention assisting homeless persons obtain affordable housing improving the safety and livability of neighborhoods assisting persons at risk of becoming homeless eliminating blighting influences and the deterioration of property and facilities establishment, stabilization and expansion of small business (including micro - businesses) retaining the affordable housing stock increasing the access to quality public and private facilities the provision of public services concerned with employment increasing the availability of affordable permanent housing in standard condition to low income and moderate income families, particularly to members of reducing the isolation of income groups within areas through spatial deconcentration of housing opportunities for lower income persons and the provision of jobs to low income persons living in areas affected by those programs and activities under programs covered by the plan 8 2013-2014 CITY OF TEMECULA disadvantaged minorities the revitalization of without discrimination on deteriorating the basis of race, color, neighborhoods religion, sex, national origin, familial status, or disability Goals and objectives to be carried out... (continued) ] Objective Category: Decent Housing Which includes: Objective Category: Expanded Economic Opportunities Which includes: Objective Category: Expanded Economic Opportunities Which includes: increasing the supply of supportive housing which includes structural features and services to enable persons with special needs (including persons with HIV/ADDS) to live in dignity and independence ] restoring and preserving properties of special historic, architectural, or aesthetic value availability of mortgage financing for low income persons at reasonable rates using non- discriminatory lending practices providing affordable housing that is accessible to job opportunities conserving energy resources and use of renewable energy sources access to capital and credit for development activities that promote the long-term economic social viability of the community 7. Provide a summary of specific objectives that will be addressed during the program year. Objectives Decent Housing (Availability/Accessibility) DH -1. Promote, preserve, and assist in the development of affordable housing for low and moderate income residents, special needs groups, those at -risk of homelessness, and disproportionately impacted residents. Suitable Living Environment (Sustainability) SL -3. Improve and expand infrastructure and facilities that benefit low and moderate income neighborhoods and residents. Suitable Living Environment (Affordability, Sustainability) SL -1, SL -3. Provide and improve access to public services for low and moderate income persons and those with special needs. Economic Opportunity (Availability/Accessibility) EO -1. Provide for the economic development needs of low and moderate income persons and neighborhood target areas. Administrative. Provide for administration and planning activities to develop housing and community development strategies to carry out actions that address identified needs in the Consolidated Plan. 9 2013-2014 CITY OF TEMECULA Description of Activities *If not using the CPMP Tool; Complete and submit Table 3C *If using the CPMP Tool; Complete and submit the Projects Table. 91.22O(d) and (e) Worksheets and the Summaries 8. Provide a summary of the eligible programs or activities that will take place during the program year to address the priority needs and specific objectives identified in the strategic plan. Describe the outcome measures for activities in accordance with Federal Register Notice dated March 7, 2006, i.e., general objective category (decent housing, suitable living environment, economic opportunity) and general outcome category (availability/accessibility, affordability, sustainability). Overall priority. The overall priority for the Action Plan is to use these Federal funds to increase self-sufficiency and economic opportunity for lower income residents and individuals with special needs so that they can achieve a reasonable standard of living. The national objectives and performance outcome measurement system established by HUD are the basis for assigning priorities to needs for which funding may be allocated. National objectives. In order for an activity or project to be eligible for funding, it must qualify as meeting one of the three national objectives of the program: 1. Principally benefit (at least 51%) low and moderate income persons; 2. Aid in the prevention of slums or blight; or 3. Meet community development needs having a particular urgency. The objective and outcome that will be achieved is included in each of the planned activities and is identified using a numbering system that ties to the Community Planning and Development Performance Measurement System developed by HUD. The primary objective of the CDBG program is to develop viable urban communities. Based upon this intent, it must be determined which of the following three objectives best describe the purpose of an activity: • Provide decent housing (DH); • Provide a suitable living environment (SL); and/or • Expand economic opportunities, principally for lower income persons (EO). Each activity must also meet specific performance outcomes that are related to at least one of the following: • Availability/Accessibility (1); • Affordability (2); or • Sustainability - Promoting Livable or Viable Communities (3) In addition to national objectives and performance measurements, the City must weigh and balance the input from different groups and assign funding priorities that best bridge the gaps in the City's service delivery system. The City received input through outreach efforts helping to prioritize funding for community facilities, community services, homeless facilities and services, housing, economic development, and public improvements. Projects are reviewed and funding 10 2013-2014 CITY OF TEMECULA allocations are made based upon the above criteria, including the projects' ability to reach and serve the areas and persons with the greatest need. Application Process. The City's annual CDBG funding cycle starts in the early fall. A general funding availability notice is published citywide. An online application notice is sent to all current recipients, previous applicants, and any and all organizations submitting a request. The online application provides applicants with application due dates, anticipated funding amounts, application submittal procedures, and any programmatic changes. Upon receipt, an application is reviewed and thoroughly evaluated for completeness, eligibility, national objective, and the projects ability to reach and serve the areas and persons with the greatest need. Other criteria include project readiness, innovation, leveraging, and cost -benefit analysis. The City is committed to allocating funds that serve the needs of the lowest income and most disadvantaged residents. Households with less than fifty - percent (50%) percent of the area median income, particularly those with extremely low incomes (less than thirty -percent (30%) percent of area median income), are priorities. The City has established priorities for allocating funds based on a number of criteria, including: the established need; urgency of the need; cost efficiency; eligibility of activities/programs; funding program limitations; capacity and authority for implementing actions; consistency with City goals, policies, and efforts; identified gaps in service; availability of other funding sources to address specific needs; comments and correspondence from interested agencies and organizations; and feedback from the general public. Based on a comprehensive needs assessment, priority ranking was assigned to each category of housing and community development needs according to the following HUD criteria: High Priority: Activities to address this need are expected to be funded with CDBG funds during the five-year period. Medium Priority: If CDBG funds are available, activities to address this need may be funded during the five-year period. Low Priority: The City will not directly fund activities using CDBG funds to address this need during the next five -years. No Such Need: The City finds there is no such need for activities or the need is already substantially addressed. The proposed One -Year Action Plan is then prepared. The applications and funding recommendations are submitted to the Finance Committee for consideration. Upon final funding recommendations, a 30 -day public comment period and a 15 -day noticed public hearing are scheduled. The final One Year Action Plan is presented to the Temecula City Council for approval. The One -Year Action Plan is then submitted to HUD at least 45 days prior to the start of the program year. 11 2013-2014 CITY OF TEMECULA Action Plan Listing of Projects: 1. Project: Temecula Community Center Rehabilitation Priority Need: Public Facilities - High Sponsor: City of Temecula Address: P.O. Box 9033, Temecula, CA 92589 Project Description: The project includes a complete building renovation including new parking lot lights, trash enclosure, re -roof, exterior and interior paint, lobby area expansion and new furniture, new restroom fixtures, floors, and partition walls, new flooring and cabinets throughout, replace kitchen equipment, new doors, windows, and hardware, and install energy efficient HVAC system. CDBG funds will be used for construction costs. Location: 28816 Pujol Street, Temecula, CA 92590 Census Tract: 432.15 Objective: Suitable Living Environment (SL) Outcome: Sustainability (3) HUD Matrix Code: 03F CDBG National Objective: LMA CDBG Accomplishment Type: 11 Type of Recipient: Public Agency Funding Source: CDBG $122,290 2. Project: Sam Hicks Monument Park Playground Replacement Priority Need: Public Facilities - High Sponsor: City of Temecula Address: P.O. Box 9033, Temecula, CA 92589 Project Description: Design and construct a new play structure to replace the existing equipment including removal of old equipment and installation of new equipment, and resurfacing according to ADA Guidelines. CDBG funds will be used for design and construction costs. Location: 41970 Moreno Road, Temecula, CA 92590 Census Tract: 432.15 Objective: Suitable Living Environment (SL) Outcome: Sustainability (3) HUD Matrix Code: 03F CDBG National Objective: LMA CDBG Accomplishment Type: 11 Type of Recipient: Public Agency Funding Source: CDBG $125,000 3. Project: Fair Housing (Anti -discrimination) & Landlord/Tenant Counseling Priority Need: Public Services - High Sponsor: Fair Housing Council of Riverside County Address: 3933 Mission Inn Avenue, Riverside CA 92501 Project Description: The program provides fair housing education, training, & enforcement programs for low income households. CDBG funds 12 2013-2014 CITY OF TEMECULA will be used for staff salaries and benefits and other operations costs. Location: Citywide Census Tract: Objective: Suitable Living Environment (SL) Outcome: Availability/Accessibility (1) HUD Matrix Code: 053 CDBG National Objective: LMC CDBG Accomplishment Type: 01 Type of Recipient: Sub recipient Funding Source: CDBG $10,000 4. Project: Operation School Bell Priority Need: Public Services - High Sponsor: Assistance League of Temecula Valley Address: 28720 Via Montezuma, Temecula, CA 92590 Project Description: The program provides clothes and school supplies to children from low income families. CDBG funds will provide clothing for children. Location: 28720 Via Montezuma, Temecula, CA 92590 Census Tract: 432.15 Objective: Suitable Living Environment (SL) Outcome: Affordability (2) HUD Matrix Code: 05 CDBG National Objective: LMC CDBG Accomplishment Type: 01 Type of Recipient: Sub recipient Funding Source: CDBG $8,152.42 5. Project: Domestic Violence Services Program Priority Need: Public Services - High Sponsor: Safe Alternatives for Everyone (S.A.F.E.) Address: 28910 Pujol Street, Temecula, CA 92590 Project Description: The program provides a provision of services to at -risk youth and families to avoid violence and abuse. CDBG funds will be used for staff salaries and benefits. Location: 28910 Pujol Street, Temecula, CA 92590 Census Tract: 432.15 Objective: Suitable Living Environment (SL) Outcome: Availability/Accessibility (1) HUD Matrix Code: 05G CDBG National Objective: LMC CDBG Accomplishment Type: 01 Type of Recipient: Sub recipient Funding Source: CDBG $8,152.42 13 2013-2014 CITY OF TEMECULA 6. Project: Priority Need: Sponsor: Address: Project Description: Location: Census Tract: Objective: Outcome: HUD Matrix Code: CDBG National Objective: CDBG Accomplishment Type: Type of Recipient: Funding Source: Before and After School Care for Kids Public Services - High Boys & Girls Clubs of Southwest County 28790 Pujol Street, Temecula, CA 92590 The program provides before and after school care for underserved low income youth. CDBG funds will be used for program "scholarships" to reduce child care costs for families. 28790 Pujol Street & 31465 Via Cordoba, Temecula, CA 92590 432.15 Suitable Living Environment (SL) Affordability (2) 05D LMC 01 Sub recipient CDBG $8,152.42 7. Project: Priority Need: Sponsor: Address: Project Description: Location: Census Tract: Objective: Outcome: HUD Matrix Code: CDBG National Objective: CDBG Accomplishment Type: Type of Recipient: Funding Source: Emergency Food/Temporary Assistance for Needy Families Public Services - High Senior Citizens Service Center 41538 Eastman Drive, Unit B & C, Murrieta, CA 92562 The program provides food and supplies to low income families. CDBG funds will be used for food and other operation costs. 41538 Eastman Drive, Unit B & C, Murrieta, CA 92562 Suitable Living Environment (SL) Availability/Accessibility (1) 05 LMC 01 Sub recipient CDBG $8,152.42 8. Project: Priority Need: Sponsor: Address: Project Description: Location: Census Tract: Objective: Outcome: HUD Matrix Code: Expanded SMURF Childcare Program Public Services - High Single Mothers United in Rewarding Fellowship (SMURF) 31805 Temecula Parkway #389, Temecula, CA 92592 The program provides expanded childcare developmental curriculum for underserved low income youth while mothers attend fellowship program. CDBG funds will be used for consultant services, supplies, and staff salaries. 41919 Moreno Dr. Suite D, Temecula, CA 92590 432.15 Suitable Living Environment (SL) Availability/Accessibility (1) 05 14 2013-2014 CITY OF TEMECULA CDBG National Objective: LMC CDBG Accomplishment Type: 01 Type of Recipient: Sub recipient Funding Source: CDBG $8,152.42 9. Project: Emergency Food Program Priority Need: Public Services - High Sponsor: Temecula Murrieta Rescue Mission Address: 420 W. Harrison St, Corona, CA 92880 Project Description: The program provides bi-weekly food box distribution to low income and homeless clients. CDBG funds will be used for food costs and other operational costs. Location: 43529 Ridge Park Drive, Temecula, CA 92590 Census Tract: 432.15 Objective: Suitable Living Environment (SL) Outcome: Availability/Accessibility (1) HUD Matrix Code: 05 CDBG National Objective: LMC CDBG Accomplishment Type: 01 Type of Recipient: Sub recipient Funding Source: CDBG $8,152.42 10. Project: Circle of Care Food Ministry Priority Need: Public Services - High Sponsor: VNW Circle of Care Address: P.O. Box 218, Temecula CA 92593 Project Description: The program provides bi-weekly food box distribution to low income and homeless clients. CDBG funds will be used for operational costs. Location: 27711 Diaz Road, Temecula, CA 92590 Census Tract: 432.15 Objective: Suitable Living Environment (SL) Outcome: Availability/Accessibility (1) HUD Matrix Code: 05 CDBG National Objective: LMC CDBG Accomplishment Type: 01 Type of Recipient: Sub recipient Funding Source: CDBG $8,152.42 Geographic Distribution/Allocation Priorities 91.220(d) and (f) 9. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 15 2013-2014 CITY OF TEMECULA The City of Temecula is located along Interstate 15 (I-15) in southwestern Riverside County, just north of the San Diego County line. The current population of Temecula is 103,092. The population of Temecula is a multi -culturally diverse community. About 30 percent of the population is non- white. Hispanics of any race are the largest non-white ethnic group, comprising about 25 percent of the population, along with Asians (9.8%) and African Americans (4.1%). As of the 2010 U.S. Census, the City of Temecula had 31,781 households. Of the 31,781 households in Temecula, 81.3% were considered families. Among the non -family households, 74.9% were single people living alone, including 23.3% elderly persons. The average household size is 3.18 persons per household, with a median income of $72,433 in 2010. The 2010 U.S. Census counted 34,004 total housing units. Of these, 6.5% were vacant. The unemployment rate is currently 10.8 percent, and almost a quarter (24.6%) of the population in Temecula falls into the lower (extremely low, very low, and low) income category. The City of Temecula will direct assistance to low- to moderate -income Census Tracts in the City. These are located directly west of I-15 and in the central city. In addition to directing assistance to low to moderate income areas, the City will provide direct assistance to limited clientele populations. 10. Describe the reasons for the allocation priorities, the rationale for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) during the next year, and identify any obstacles to addressing underserved needs. Geographic Allocation. The City's primary method of allocating CDBG dollars is to assist low to moderate income and special needs populations. To the extent that specific geographic areas have greater needs than other areas in the City and /or if service and housing organizations are located in certain areas, they will receive a larger proportionate share of the funding. For sidewalk improvements, the City will focus on the geographic areas where sidewalks, curb cuts and related ADA accommodations are lacking. Finally, to provide affordable rental and single family housing, the City's dollars will be allocated in areas of new development where affordable housing is lacking and /or infill areas that can accommodate affordable housing. Actions to address obstacles to meeting underserved needs. As mentioned in the Strategic Plan, the greatest obstacle to meeting underserved needs is lack of funding. The City has many needs that exceed available funding, including street/sidewalk repair, housing and services to special needs populations, comprehensive housing and services to assist persons who are chronically homeless move into supportive housing environments and provision of affordable housing. Both private foundations and public agencies have been have been impacted by the recent economic downturn. As noted previously, the amount of resources available to address social, community, and economic development goals pale in comparison to the recognized needs. To address this obstacle, the City strongly encourages its sub -recipients to seek other resources, forge new partnerships, 16 2013-2014 CITY OF TEMECULA and to leverage additional funding whenever possible from local, State, Federal, and private sources. The City urges CDBG funded programs and services to be flexible, while at the same time to be as efficient and effective as possible to achieve expected performance outcomes. Annual Affordable Housing Goals 91.22O(g) *If not using the CPMP Tool: Complete and submit Table 38 Annual Housing Completion Goals. *If using the CPMP Tool: Complete and submit the Table 3B Annual Housing Completion Goals. 11. Describe the one-year goals for the number of homeless, non -homeless, and special -needs households to be provided affordable housing using funds made available to the jurisdiction and one-year goals for the number of households to be provided affordable housing through activities that provide rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units using funds made available to the jurisdiction. The term affordable housing shall be defined in 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership. During the 2013-2014 program year, the City will accomplish the following affordable housing goals: DH -1. Decent Housing (Availability and Accessibility). Support the development of supportive/transitional housing through partnership with affordable housing developers As stated above, there are limited opportunities and funding available to provide affordable housing opportunities. They City will attempt to seek new partnerships in the upcoming year. During FY 2013-2014 the City will continue to address affordable housing needs through the following programs: Section 8 Rental Assistance: The City will continue to provide Section 8 rental assistance to extremely low and low income households through the Riverside County Housing Authority Voucher Program. Approximately 136 low income renter -households will be assisted in the City. Mortgage Credit Certificates: The City participates with the County of Riverside in its Mortgage Credit Certificate (MCC) Program as a means of providing financial assistance for the purchase of single-family housing. A mortgage credit certificate is a certificate authorizing first-time home buyers to take a federal income tax credit of up to 15 percent of the annual interest paid on the mortgage. The program targets low and moderate income households. Public Housing 91.22O(h) 12. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 17 2013-2014 CITY OF TEMECULA The City does not have public housing; and therefore does not undertake activities to increase resident initiatives; however, the City will continue to support the Section 8 rental assistance voucher program for low income households administered through the Riverside County Housing Authority. 13. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the mariner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. N/A Homeless and Special Needs 91.220(i) 14. Describe, briefly, the jurisdiction's plan for the investment and use of available resources and describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness. 15. Describe specific action steps to address the needs of persons that are not homeless identified in accordance with 91.215(e). 16. Homelessness Prevention—Describe planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. The City has adopted a program to find housing for Temecula's homeless population and will continue to build new, and expand existing partnerships among private and public sector organizations to ensure a comprehensive social services infrastructure that provides services to all ages and addresses gaps in services. This includes a network of public and private organizations to address homelessness, and a broad structure of social support for special needs populations. Persons who are homeless and at -risk of homelessness in Temecula will be assisted by the City through the provision of block grant funds to homeless services and other social service providers. CDBG funds will be provided to assist with the operations of the following social service agencies who work with low income and special needs residents, many of whom are also at risk of homelessness: • Domestic violence services • Food pantry • Child and before and after school care • Advocacy and supportive services for at -risk youth • Provide clothing and school supplies to children in low income families The resources in Temecula are limited to address the needs of persons who are homeless and at -risk of homelessness. The city does not receive federal funds such as the Emergency Solutions Grant (ESG). 18 2013-2014 CITY OF TEMECULA Barriers to Affordable Housing 91.220(j) 17. Describe the actions that will take place during the next year to remove barriers to affordable housing. Barriers to affordable housing are frequently caused when the incentive to develop such housing is removed due to excessive development costs, governmental regulation, and community opposition. Some development costs are driven by economic conditions and other factors that affect the real estate market. These are often beyond the control of local government policies. In the City of Temecula, the primary barriers to affordable housing are not created through local policies. Recently, the largest barrier to affordable housing is the elimination of the City's Redevelopment Agency through State legislative action. Historically, the Redevelopment Housing set-aside fund has provided all of the funding for affordable housing development. The City has made a concerted effort to streamline the development process, and offers fee waivers for some development fees. The City is currently completing an update to the Housing Element that includes an analysis of barriers to housing development. The 2014-2021 Housing Element Update has not revealed any significant barriers to affordable housing, although it does contain goals and policies to facilitate affordable housing development. The City uses a multi -faceted strategy to address barriers to affordable housing. A major focus involves the use of both financial and processing assistance to maximize as many housing units as possible. This approach allows the City to quantify affordable housing production and make adjustments to development strategies as necessary. Development fees and approval delays add to the cost of development. In addition, inflation can increase the cost of both materials and labor. These factors combined with negative public perceptions serve as a major disincentive to the construction of affordable housing and are seen as obstacles by qualified developers. The City will implement the following policies as mitigation for potentially foreseen barriers to affordable housing: • Project Manager: The designation of a staff liaison to work specifically with affordable housing developers and their representatives. • Fee Subsidies: Under certain circumstances, the City will subsidize the payment of development fees. • Public Outreach: The City will continue to educate the public about the social and economic benefits of affordable housing. • Fast Track and Priority Processing: Expedite the construction of affordable housing projects through all phases of the approval process. The AI conducted as part of the 2012-2016 Consolidated Plan found no barriers to affordable housing development related to City actions. The AI did identify two minor, potential barriers in the City's zoning regulations (lack of definition of "family" and disallowance of congregate care and residential care facilities with seven or more occupants not specifically for the elderly in residential zones). However, in response to these barriers, the City processed a Zoning Code Amendment in March 2013, which add the definition of "family," and permitted 19 2013-2014 CITY OF TEMECULA residential care facilities with seven or more occupants in the Medium (M) and High (H) density residential zoning districts. Other Actions 91.220(k) 18. Describe the actions that will take place during the next year to address obstacles to meeting underserved needs, foster and maintain affordable housing, evaluate and reduce the number of housing units containing lead-based paint hazards, reduce the number of poverty -level families develop institutional structure, enhance coordination between public and private agencies (see 91.215(a), (b), (i), (j), (k), and (I)). Lead based paint hazards. The primary programs that will identify and mitigate lead based paint hazards will be the City's Residential Improvement Program, which includes provisions to reduce lead-based paint hazards, and new construction of affordable units to increase the supply of quality affordable housing. Families living in poverty. Poverty is defined by the Social Security Administration as the minimum income an individual must have to survive at a particular point in time. Although there are many causes of poverty, some of the "more pronounced" causes of poverty include the following: • Low income -earning capability; • Low educational attainments and job skills; • Discrimination; and • Person limitations (e.g. developmental and physical disabilities, mental illness, drug/alcohol dependency, etc.) Some other important causes of poverty related to those mentioned above include: unemployment or underemployment; lack of affordable, decent housing; negative images of people who are recipients of assistance; the lack of available funding; and lack of policy and widespread community support for poverty issues (this includes the lack of additional federal and state funding programs to address the problem of poverty); lack of affordable childcare and health care; age; cultural and language barriers; lack of behavioral changes of people in poverty; limited access to services; and domestic abuse. Although the many and varied solutions for the reduction or elimination of poverty appear endless, costly, and complex, the City employs a variety of strategies to help reduce the number of households with incomes below the poverty line, including efforts to stimulate economic growth and additional job opportunities. An example would be economic development activities that help create additional jobs. Economic development opportunities, such as higher paying jobs, are very important. The City's primary emphasis locally in regard to anti -poverty strategies is to provide adequate housing to low income families and fund a range of support services that will assist them in meeting their basic needs, including food, health care, supportive services and transportation. A number of such support programs are funded through the annual Action Plan, public services process. Other programs are provided locally through other funding mechanisms. One of the largest constraints to an effective anti -poverty plan is lack of funding, especially with the recent elimination of the Redevelopment Agency and in the 20 2013-2014 CITY OF TEMECULA current economic climate. Many service providers in the City have been forced to cut back programs and housing provision due to funding cuts, which further exacerbates poverty and limits opportunities for self-sufficiency. It is difficult in the current economic climate to reduce poverty; instead, many jurisdictions focus on stabilizing those households most at -risk of poverty and homelessness. Between 2000 and 2010, the poverty rate of Temecula doubled, from 7 percent to 14 percent. The City's goal during the next five years is to prevent future increases in poverty by providing a safety net for those households who have experienced job and economic losses. Institutional structure and coordination. The City's institutional structure for carrying out housing and community development activities is efficient. The City works diligently to foster and develop strong relationships with its organizations that provide housing and supportive services to low income and special needs populations. City staff are accessible to its providers of housing and services, and the City works to make the CDBG application processes transparent. Gaps in the system are primarily related to lack of funding for activities, which creates long waiting lists for programs. In recent years, the City has been very proactive in implementing policies and programs that remove barriers and support the provision of needed housing and services, such as streamlining the development process and implementing fee waivers for affordable housing development. These efforts will continue during the next five-year period. For example: • The City has a strategic partnership with the Economic Development Corporation of Southwest County, the Southwest California Economic Alliance, and the Temecula Valley Chamber of Commerce to facilitate economic development, including business attraction and retention, and expansion of enterprises in the region. • The City is currently working to acquire an apartment complex that will be designated for those with developmental disabilities including providing mental health services as well as job training assistance on-site. The City will continue to strive to increase collaborative efforts with public and private sector entities, numerous advisory agencies, and service agencies. Monitoring. Performance of planned projects and activities for these CDBG funds are monitored in various ways depending on type of program and reporting requirements. Monitoring is viewed as a way to identify deficiencies and promote corrections in order to improve performance. The actual activity of monitoring helps promote quality performance, as well as identify any need for further technical assistance. The following is a description of the types of monitoring performed by staff: • Performance monitoring • Financial monitoring • Environmental Review Compliance The Community Development staff monitors all activities of the program. The Community Development staff works in cooperation with the Finance Department staff to manage and monitor CDBG funds jointly. 21 2013-2014 CITY OF TEMECULA Performance Monitoring: Monitoring activities includes spot check monitoring of sub recipients which includes a review of reporting information to ensure compliance with the HUD requirement that beneficiaries be low income. Comprehensive monitoring includes on-site visits, interviews, telephone contacts and reports. Subrecipient Agreements are used to measure compliance by grant recipients. Financial Monitoring: All project costs are paid on a reimbursement basis. A request for reimbursement must have appropriate documentation attached to verify all expenditures. A current report of program activities must also be attached to the draw down request. Expenditures are not paid in advance. The combination of data from the request and the program activities report provides the information necessary to input data into the IDIS system. Collecting this data during the program year is helpful in compiling reports. By requiring documentation in association with reimbursement, the City's Community Development Department staff are able to closely monitor program requirements and ensure that program goals are being met. Reporting/Tracking Systems: Performance is tracked and reported as stated above. Staff reviews the reports, and any discrepancies are addressed with the appropriate entities. Records on performance are kept in the project file. Accuracy of data is confirmed by site visits and monitoring. Environmental Review Compliance: Each project that is budgeted is first reviewed for compliance with the NEPA (National Environmental Protection Agency regulations). CEQA (California Environmental Quality Act) regulations may also apply. Projects that are community service in nature are exempt from NEPA. Once the environmental analysis is determined, staff prepares the appropriate paperwork. When environmental clearance has been obtained, the project can move forward to City Council and/or bid, etc. as appropriate. The CDBG Planner monitors all environmental reviews. 19. Describe the actions to coordinate its housing strategy with local and regional transportation planning strategies to ensure to the extent practicable that residents of affordable housing have access to public transportation. Transit -oriented development (TOD) is increasingly recognized as having the potential to improve the quality of life for American households, by creating vibrant, livable communities in proximity to transit. Improved access to transit can reduce transportation costs for working families and mitigate the negative impacts of automobile travel on the environment and the economy. The need for a mix of housing types that is affordable to a range of family incomes in proximity to transit is an important policy concern for the City of Temecula. The City has clearly identified several key priorities to achieve its transportation mobility and connectivity goals. These goals include working with local and regional transportation partners to leverage existing resources for all available transportation modes, and supporting local and regional efforts to enhance transit opportunities, including transit centers and park and ride facilities. 22 2013-2014 CITY OF TEMECULA The City is currently working on a multi -jurisdictional plan to establish livable communities' concepts, and a sustainable transportation system that addresses mobility, access, and safety. The plan will help to create live -work communities with better access to public transit. The City is committed to effective collaboration with many partners in order to achieve its public transportation priorities. The City is also currently working on a plan to redevelop the ]efferson Corridor as a transit -oriented development (TOD) destination with multiple nodes including financial services, hotels, restaurants, light industrial and residential hubs linking to a nearby transit center, and the Old Town Downtown at the south end of the corridor. Through the recent Housing Element Update underway, the City has identified sites that are suitable for the development of housing for very -low and low income households. A percentage of these sites are located in Old Town Downtown and therefore close to retail opportunities, transit, and other services. Furthermore, the City's Housing Element analysis has determined that sufficient land is available and zoned to adequately address the very -low and low income housing need projected through 2021. The City aims to encourage the development of housing units in mixed-use areas, which better provide for access to transit, goods, services, and employment opportunities. CDBG 91.22O(I)(1) 1. Identify program income expected to be received during the program year, including: • amount expected to be generated by and deposited to revolving loan funds; • total amount expected to be received from each new float -funded activity included in this plan; and • amount expected to be received during the current program year from a float -funded activity described in a prior statement or plan. N/A, the City does not have any revolving or float -funded activities and does not plan to use them during the Consolidated Planning period. 2. Program income received in the preceding program year that has not been included in a statement or plan. None. 3. Proceeds from Section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in its strategic plan. None. 4. Surplus funds from any urban renewal settlement for community development and housing activities. None. 23 2013-2014 CITY OF TEMECULA 5. Any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. None. 6. Income from float -funded activities. None. 7. Urgent need activities, only if the jurisdiction certifies. None; however, should an urgent need arise the City will process the necessary Action Plan amendments to address such need. 8. Estimated amount of CDBG funds that will be used for activities that benefit persons of low and moderate income. The City estimates that 90-100 percent of CDBG funds that will be used for activities that benefit persons of low and moderate income. Changing conditions provision. As market changes occur within Temecula, the City will rededicate funding sources to address the needs in other areas. • Priority changes in public facilities and infrastructure needs will be rededicated to public projects identified to meet the City's five year high priority objectives. • Funding changes or elimination of public service activities will be rededicated to other, eligible public service activities and providers that submitted eligible applications and programs within the previous (most current) year's application cycle. • Completion of one project, with additional funding, primarily for public facilities and/or infrastructure, will be rededicated to another public facilities or infrastructure project. • An increase or reduction in the amount of funds estimated to be received in 2013-2014 will be rededicated and applied to a currently funded activity given it does not exceed the public service cap of 15 percent or the administration cap of 20 percent, or applied to another project from the City's five year high priority objectives. HOME 91.220(I)(1) 1. Describe other forms of investment. (See Section 92.205) If grantee (Pi) plans to use HOME funds for homebuyers, did they state the guidelines of resale or recapture, as required in 92.254. N/A; the City of Temecula does not receive HOME funds. 2. If grantee (Pi) plans to use HOME funds to refinance existing debt secured by multifamily housing that is being rehabilitated with HOME funds, state its refinancing guidelines required under 24 CFR 92.206(b). 24 2013-2014 CITY OF TEMECULA N/A; the City of Temecula does not receive HOME funds. 3. Resale Provisions — For homeownership activities, describe its resale or recapture guidelines that ensure the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4). N/A; the City of Temecula does not receive HOME funds. 4. HOME Tenant -Based Rental Assistance — Describe the local market conditions that led to the use of a HOME funds for tenant based rental assistance program. If the tenant based rental assistance program is targeted to or provides a preference for a special needs group, that group must be identified in the Consolidated Plan as having an unmet need and show the preference is needed to narrow the gap in benefits and services received by this population. N/A; the City of Temecula does not receive HOME funds. 5. If a participating jurisdiction intends to use forms of investment other than those described in 24 CFR 92.205(b), describe these forms of investment. N/A; the City of Temecula does not receive HOME funds. 6. Describe the policy and procedures it will follow to affirmatively market housing containing five or more HOME -assisted units. N/A; the City of Temecula does not receive HOME funds. 7. Describe actions taken to establish and oversee a minority outreach program within its jurisdiction to ensure inclusion, to the maximum extent possible, of minority and women, and entities owned by minorities and women, including without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts, entered into by the participating jurisdiction with such persons or entities, public and private, in order to facilitate the activities of the participating jurisdiction to provide affordable housing under the HOME program or any other Federal housing law applicable to such jurisdiction. N/A; the City of Temecula does not receive HOME funds. 8. If a jurisdiction intends to use HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds, state its financing guidelines required under 24 CFR 92.206(b). N/A; the City of Temecula does not receive HOME funds. HOPWA 91.220(I)(4) 1. One year goals for the number of households to be provided housing through the use of HOPWA activities for: short-term rent, mortgage, and utility assistance to prevent homelessness of the individual or family, tenant -based rental assistance, units provided in housing facilities that are being developed, leased, or operated. N/A; the City does not receive HOPWA funds. 25 2013-2014 CITY OF TEMECULA ESG 91.22O(I)(4) 1. Identify the written standards for providing ESG assistance in accordance with 24 CFR 576.400(e)(1) and (e)(3). N/A; the City does not receive ESG funds. 2. If the Continuum of Care for the jurisdiction's area has established a centralized or coordinated assessment system that meets HUD requirements, describe the centralized or coordinated assessment system and the requirements for using the system, including the exception for victim service providers, as set forth under 24 CFR 576.400(d). N/A; the City does not receive ESG funds. 3. Identify the process for making awards and how the jurisdiction intends to make its allocation available to non-profit organizations, and in the case of urban counties, funding to participating units of local government. N/A; the City does not receive ESG funds. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), specify the plan for reaching out to and consulting with homeless or formerly homeless individuals in considering and making policies and decisions regarding any facilities or services that receive funding under ESG. N/A; the City does not receive ESG funds. 5. Describe the performance standards for evaluating ESG activities. N/A; the City does not receive ESG funds. 6. Describe the consultation with each Continuum of Care that serves the jurisdiction in determining how to allocate ESG funds, develop performance standards, evaluate outcomes of activities assisted by ESG funds, and develop funding policies, and procedures for the administration and operation HMIS. N/A; the City does not receive ESG funds. r• H NA"A V AN U A A HM N Include any action plan information that was not covered by a narrative in any other section. If optional tables are not used, provide comparable information that is required by consolidated plan regulations. Racial concentrations. In 2010, the largest racial group in Temecula was white (71%), followed by Asian (at a much lower 10%). The slight majority of Temecula residents (57%) were non -Hispanic white and approximately one-quarter were of Hispanic origin. Figure AP -1 shows the racial and ethnic distribution of Temecula in 2000 and 2010. 26 2013-2014 CITY OF TEMECULA Figure AP -1. Population by Race and Ethnicity, City of Temecula, 2000 and 2010 Source: U.S. Census Bureau, 2000 Census and 2010 Census. Total population 57,716 100 100,097 100 Race American Indian and Alaska Native 497 0.9% 1,079 1.1% Asian 2,728 4.7% 9,765 9.8% Back orAfrican American 1,974 3.4% 4,132 4.1% Native Hawaiian and Other Pacific Id ander 174 0.3% 368 0.4% White 45,555 78.9% 70,880 70.8% Some Other Race 4,276 7.4% 7,928 7.9% Two or More Races 2,512 4.4% 5,945 5.9% Ethnicity Hispanic or Latino Non -Hispanic White 10,974 19.0% 40,007 69.3% 24,727 24.7% 57,246 57.2% The population proportion of all minority groups increased in between 2000 and 2010, while the non -Hispanic white population proportion dropped from 69 percent to 57 percent. Despite this increase in diversity, Temecula still has a smaller minority population than Riverside County as a whole. In Riverside County, the Hispanic population (45%) outnumbers the non -Hispanic white population (40%). One of the key components of a demographic analysis is an examination of the concentration of racial and ethnic minorities within a jurisdiction to detect evidence of segregation. In some cases, minority concentrations are a reflection of preferences—e.g., minorities may choose to live near family and friends of the same race/ethnicities or where they have access to grocery stores or restaurants that cater to them. In other cases, minority populations are intentionally steered away or discouraged from living in certain areas. Housing prices can also heavily influence where minorities live, to the extent that there are economic disparities among persons of different races and ethnicities. According to HUD, an area of racial and ethnic concentration (also called a "minority impacted area") is defined as where the percentage of persons in a particular race or ethnic group is at least 20 percentage points higher than the percentage of persons in the category for the city as a whole. Using the above definition of concentration, block groups in Temecula have a concentration if the following exists: • A non -Hispanic white population proportion of 77 percent and more; • A Hispanic population proportion of 45 percent and more; • An Asian population proportion of 30 percent and more; and • A Black or African American population proportion of 24 percent and more. Figure AP -2 shows the percentage of non -Hispanic white residents within each block group in the city. There are no block groups within city boundaries that are 77 percent or more non -Hispanic white; however one block group immediately east of Temecula is non -Hispanic white -concentrated. 27 2013-2014 CITY OF TEMECULA Figure AP -2. Percent of Non -Hispanic White Population by Block Group, City of Temecula, 2010 source: 2010 Census and BBC Research & Consulting. Legend City W Temecula Less than 50.0% _ 50.0% to 77.096 More than 77.0% Figure AP -3 shows the ratio of Hispanics to total population by block group in the city. As the map demonstrates, there no block groups in the city with Hispanic concentrations. Figure AP -3. Percent of Hispanic/Latino Population by Block Group, City of Temecula, 2010 source: 2010 Census and BBC Research & Consulting. Less than 20.0% _ 20.0% to as0% More than 05.0% 28 2013-2014 CITY OF TEMECULA Figure AP -4 shows the proportion of Asian residents by block group in the city. There is one block group in the southwestern portion of the city with a concentration of Asian residents. Figure AP -4. Percent of Asian Population by Block Group, City of Temecula, 2010 source: 2010 Census and BBC Research & Consulting. Le9end City of Temecula Less than 15.016 _ 15.0% to 30.0% Greater than 30.0% Figure AP -5 shows the proportion of African Americans by block group in the city. There are no block groups with concentrations of African Americans. Figure AP -5. Percent of Population that is African American, City of Temecula, 2010 source: 2010 Census and BBC Research & Consulting. Legend City of Temecula Less than 12.0% 12.0% to 24.0% More than 24.0% 29 COUNCIL BUSINESS Item No. 15 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Interim City Manager DATE: April 23, 2013 SUBJECT: Resolution in Support of Establishing a "Larry Robinson Murder Reward Fund" (at the request of Mayor Naggar) Prepared by: Susan W. Jones, City Clerk RECOMMENDATION: 1. Approve Larry Robinson Reward Fund Revenue in the amount of $25,000; 2. Approve a budget appropriation in the amount of $25,000 from General Fund balance unassigned; 3. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT AND DISTRIBUTION OF A REWARD FUND FOR PERSONS WHO FURNISH INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON OR PERSONS WHO CAUSED THE DEATH OF LARRY ROBINSON ON MARCH 22, 2013 BACKGROUND: At the April 9, 2013 City Council Meeting, sadness and outrage was expressed by the Council and members of the public over the death of Larry Robinson on March 22, 2013. Larry Robinson, of Pete's Music & Guitar Shop, located at 28780 Old Town Front Street, was known for his personable nature and for giving advice to not only accomplished but new musicians. The suggestion of offering a reward for oral, physical, or other evidence regarding the circumstances surrounding the death of Larry Robinson, or the location of the person or persons responsible for the death of Larry Robinson was discussed. It is proposed to establish the "Larry Robinson Murder Reward Fund," to facilitate gaining information to discover the identity and whereabouts of the person or persons responsible for this horrific crime. The Fund shall be offered at $25,000, and shall be maintained in the Treasury of the City of Temecula by the Director of Finance. Disbursement checks shall be processed through the City's established demand check procedures. The public is invited to contribute to the Fund to increase its balance. Contributions can be made at the Director of Finance's Office in City Hall. All contributions by the public for purposes of increasing the balance in the Fund that are received by the City of Temecula or made payable to the City of Temecula shall be deposited into the Fund account by the Director of Finance. If no person has been apprehended or charged with causing the death of Larry Robinson by March 22, 2018, all monies in the Fund shall be returned, with interest allocated to these contributions based on earning of City pooled investments, to the respective donors. It is the sincere desire of the City Council, Temecula Police Department, and citizens of Temecula, to apprehend and hold responsible those who committed this horrific crime and bring a sense of peace to family and friends of Larry Robinson. FISCAL IMPACT: General Fund unassigned fund balance will be reduced by $25,000. The funds will be held in the Larry Robinson Reward Fund for five years or paid out pursuant to the Resolution once the perpetrator or perpetrators are convicted. ATTACHMENTS: Resolution No. 13- RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT AND DISTRIBUTION OF A REWARD FUND FOR PERSONS WHO FURNISH INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON OR PERSONS WHO CAUSED THE DEATH OF LARRY ROBINSON ON MARCH 22, 2013 THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS AND RESOLVES: Section 1. Pursuant to California Government Code Section 53069.5, the City Council hereby approves the establishment of a reward fund for the purpose of encouraging persons having information regarding the identity and whereabouts of any person or persons whose willful misconduct resulted in the death of Larry Robinson on March 22, 2013, to provide such information to the appropriate law enforcement authorities. The Council hereby sets the amount of the City's contribution to the fund to be twenty five thousand dollars ($25,000.00.) Section 2. The reward fund is hereby named the "Larry Robinson Murder Reward Fund" (hereinafter "the Fund"). The Fund shall be maintained in the Treasury of the City of Temecula by the Director of Finance. No money shall be paid out of such account without the approval of the City Council, and disbursement checks shall be processed through the City's established demand check procedures. Section 3. The public is invited to contribute to the Fund to increase its balance. Contributions can be made at the Director of Finance's office in City Hall. All contributions by the public for purposes of increasing the balance in the Fund that are received by the City of Temecula or made payable to the City of Temecula shall be deposited into the Fund account by the Director of Finance. Section 4. The City Manager or his designee shall publicize the existence of the Fund by notice to be posted in the City Hall and libraries within the City, published in a newspaper or newspapers circulated in the City, posted the City's website, and disseminated in any other manner as deemed appropriate by the City Manager. Section 5. Persons who desire to be eligible to receive all or a portion of the money in the Fund shall: (a) submit written, oral, physical, or other evidence regarding the circumstances surrounding the death of Larry Robinson, or the whereabouts of the person or persons responsible for the death of Larry Robinson, to the Riverside County Sheriff's Department, or to any other law enforcement agency; and (b) cooperate with the Riverside County Sheriffs Department and with any prosecuting attorneys during the investigation, trial preparation, and trial phases of the criminal justice process involving the person or persons suspected of causing the death of Larry Robinson. Section 6. Persons who satisfy the criteria of Section 5 shall be considered for receipt of all or part of the reward upon conviction of the persons charged in the death of Larry Robinson and upon approval of the distribution by the City Council. Section 7. Law enforcement personnel and any Federal, State, or City employee discovering the identity and whereabouts of the person or persons convicted of causing the death of Larry Robinson during the scope and course of his or her employment shall not be eligible to receive the reward. Any person charged with causing, or complicity in, the death of Larry Robinson, or aiding such persons in avoiding capture shall not be eligible to receive the reward. Section 8. If any person or persons are convicted of causing the death of Larry Robinson, the City Manager shall request the Sheriffs Department to obtain a certified copy of the entry of judgment in the case and to forward such document to the City. The City Manager shall also request the Sheriff's Department to prepare a report as to the names of persons providing information to the Sheriff's Department and any other law enforcement agency that led to the arrest and conviction of the persons causing the death of Larry Robinson. Such report shall set forth the relative importance of the information submitted by each person if there is more than one and shall include a recommended pro rata distribution of the reward to persons who submit information leading to the arrest and conviction. The report shall be reviewed and approved by the detective and prosecuting attorney handling the case. The City Manager shall request that such report be submitted to the City within thirty (30) days of the conviction. If more than one person is standing trial for causing the death of Larry Robinson, the report shall not be forwarded until the last person charged is either convicted or acquitted. Section 9. Upon receipt of the Report specified in Section 8 and any public comment, the City Council shall consider and approve the disbursement of the monies in the Fund. Section 10. Upon approval of disbursements from the Fund by the City Council, a check or checks for disbursement of the monies in the Fund account shall thereupon be drawn in accordance with the Council's decision and the disbursement instructions. All such checks shall be processed through the City's established demand check procedures. Upon disbursement of all monies in the Fund, the City Treasurer shall close the Fund account. Section 11. If no person has been apprehended or charged with causing the death of Larry Robinson by March 22, 2018, all monies in the Fund shall be returned, with interest allocated to these contributions based on earning of City pooled investments, to the respective donors. Any undisbursed balance shall be deposited in the City's General Fund for law enforcement or public safety purposes designated by the City Council. If one or more persons have been so apprehended and charged but not yet convicted by such date, the Fund shall be retained until trial of the person or persons charged has been completed. If a conviction is not obtained, disbursements shall be made as provided above in this Section. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd 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 23rd 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 DEPARTMENTAL REPORTS Item No. 16 Approvals City Attorney 01(f— Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: April 23, 2013 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the recent highlights for the Community Development Department for the month of March. CURRENT PLANNING ACTIVITIES New Cases: The Planning Division received 45 new applications for administrative, other minor cases, and home occupations including 8 applications for public hearings during the month of March. A detailed account of current planning activities can be found at the end of this report. Mercedes Benz: On January 16, 2013, a Major Modification application was filed to reduce the size of the Mercedes Benz dealership building from the previously approved plans for an approximately 80,000 square foot building, to be located at the northwest corner of Ynez Road and Waverly Lane. The project was first approved at the July 9, 2008 Planning Commission hearing. A Supplemental EIR was also adopted for the project at that Planning Commission hearing. A Major Modification was approved for the project on February 22, 2013. The Major Modification reduces the size of the building from approximately 80,000 square feet to 50,258 square feet and revises the architecture of the building. The applicant submitted grading plans on February 11, 2013, the grading permit was issued on April 1, 2013, and grading has commenced. Building construction plans were submitted for plan check on February 12, 2013. The plan check process has been completed so that the building permit can be issued upon completion of grading for a certified building pad, which is anticipated on May 1, 2013. (RICHARDSON, FISK) Subaru: On November 15, 2012, an application was filed for a Major Modification for the construction of a new 2,040 square foot Subaru sales building at the existing Mazda of Temecula site located at the southwest corner of Ynez Road and DLR Drive. The new building will include an inside display area for vehicles, as well as administrative offices. Servicing of Subaru vehicles will occur within the existing service bay areas of the Mazda dealership. The Planning Commission approved the Major Modification on February 6, 2013. Construction is expected to begin in April 2013 and the building is expected to be open for business in August 2013. (FISK) Temecula Regional Hospital: This project was approved by the City Council on January 22, 2008. Vertical construction for the first hospital bed tower began on February 13, 2012 and erection of the structural steel was topped out on March 22, 2012, and was substantially complete on May 16, 2012. The building is framed and the drywall has been installed. Interior walls are being painted, suspended ceilings are being installed, installation of flooring has begun, most of the lighting has been installed on floors 1 through 3, and the air handling units are operational. Two of the four elevators in the building are operational, and the remaining two elevators are currently being installed. The installation of kitchen equipment is underway. The asphalt for the parking lot and access drives has been completed, and final grading and landscaping of the east side of the project site is currently being completed. Approximately 170 people are working on the site and construction is on schedule for a July 22, 2013 completion of Phase I. (FISK) LONG RANGE PLANNING The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from an environmental review to a new specific plan or a general plan amendment. Some of the major projects and long range planning activities currently in progress are described in the paragraphs below. Bike Lane and Trail Program (BLTP): On October 9, 2012, City Council adopted a resolution to reaffirm and clarify the Bike Lane and Trail Program Map. The map identifies existing bike lanes and trails, but also identifies gaps that need to be closed to complete a Citywide network. The map also classifies future bike lanes and trail routes to develop an Old Town to Wine Country Trail, a Lake Skinner Trail, and a Temecula Loop around the entire City. In addition, staff has met with representatives from the Sierra Club, National Park Service (NPS), Murrieta, Wildomar, and Riverside County on regional trail planning. The Sierra Club was awarded a Technical Assistance grant from the NPS and the southwest Riverside County municipalities are all participating with the purpose of creating a regional trail system and a partnership agreement to work with various utility districts to get easements opened up for trails. In February 2013, the Trails Subcommittee, consisting of Mayor Naggar and Council Member Washington, directed staff to solicit proposals for an update to the Multi -Use Trails and Bikeways Master Plan. The Request for Proposal calls fora two -phased approach by the selected consultant. Phase I will focus on public outreach workshops and citizen input and Phase II will update the new Multi -Use Trails and Bikeways Master Plan. Proposals were due on March 11, interviews were conducted on March 28th, and the consultants will be selected in April. (PETERS) Twin Cities Transit Center Feasibility and Siting Study: On October 25, 2012, the Riverside Transit Agency (RTA) selected Psomas Engineering as the lead consultant to pursue a siting and feasibility study for the Twin Cities transit center. The purpose of this study is to evaluate and identify viable sites for a multi -modal transit center, to be located either in the City of Temecula or Murrieta. The study will evaluate which sites will best serve the needs of RTA, as well as the citizens of Temecula and Murrieta, while providing convenient connections to future Bus Rapid Transit (BRT), future High Speed Rail, third party carriers, and bicyclists. The key participants for this study include RTA, the cities of Temecula and Murrieta, Riverside County Flood Control, and Psomas (consultant). The project is fully funded with a combination of Federal, State and local monies, totaling $9.1 million. The multi -modal transit center is anticipated to consist of 10-14 bus bays and will be located either in the City of Temecula or City of Murrieta. The center will be the key transit hub for the Twin Cities area and will provide connections to Riverside and Hemet, as well express buses to San Diego County. The Twin Cities Transit Center will also be the main hub for future Bus Rapid Transit (BRT) and connections to the future High Speed Rail station. This study will select three potential sites and narrow down the three possible sites to one preferred site. A Mitigated Negative Declaration will be completed for the selected preferred transit center site. The kick-off meeting was held on December 6, 2012. Steering committee meetings will be held on a monthly basis from March 2013 - December 2013. (RICHARDSON, WATSON, BUTLER, GONZALEZ, INNES, WEST) Jefferson Avenue Study Area Specific Plan: The Jefferson Avenue Study Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street and east of Diaz Road. In January 2011, City Council established the Jefferson Avenue Ad Hoc Subcommittee comprised of Mayor Ron Roberts and Council Member Jeff Comerchero. The Specific Plan is intended to guide the revitalization of this area over the next 15- 30 years. A project website was also established, www.envisioniefferson.orq, to track the visioning process and provide ongoing updates and information, via the web, to the public during the visioning process. Staff is currently working on developing the Specific Plan framework and plan organization based on the eight recommendations and goals that emerged from the public visioning process. Public meetings to present sections of the draft Specific Plan will occur intermittently over the next 18 months. The Environmental Impact Report will be prepared simultaneously as the Specific Plan document is developed and drafted. Plan completion is anticipated in late 2013 or early 2014. The Envision Jefferson website (www.envisioniefferson.org) will be maintained for the duration of the preparation of the Specific Plan to ensure public participation and communication during the planning process. (RICHARDSON, WATSON, INNES, WEST) Caltrans Community Based Transportation Planning Grant: The City was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant to fund a multi -jurisdictional transportation corridor planning study for the Highway 395 Corridor within the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. The Highway 395 Corridor is a 16 -mile north/south arterial that parallels the west side of Interstate 15. The planning effort will promote public engagement, livable communities, and will analyze mixed-use development, and mobility access and safety along the Highway 395 Corridor. Fehr and Peers is the consultant for the project. Community outreach is coordinated through the SCAG Compass Blueprint Demonstration Project in conjunction with the Jefferson Avenue Study Area. The planning and outreach effort will to be completed in March 2013. For more information, visit www. highway395corridorstudy.orq. (WEST, INNES) SMER Open Space Preserve Plan: In June 2012, the City and San Diego State University (SDSU) staff met to discuss the possibility of a 50 -year lease on a portion of the Santa Margarita Ecological Reserve (SMER). At the conclusion of the meeting, the Trails Ad Hoc Committee was tasked by the Vice President for Research and the Dean of Science at SDSU to draft a concept paper outlining the benefits of SDSU leasing approximately 250 acres of land at the SMER to the City. As a result, an Open Space Preserve Plan emphasizing habitat preservation and restoration while providing access for recreation, such as multi -use trails, and education opportunities was completed and has been forwarded to SDSU for their consideration. If SDSU and the City agree to move forward with a lease, the next step will be to develop a more detailed management plan. (PETERS) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Community Development Block Grant (CDBG): In 2012, City staff completed the development of a Five-year Consolidated Plan identifying priorities for the use of CDBG funding resources through 2016. On April 10, 2012, the City Council adopted the City's first Five -Year Consolidated Plan and Analysis of Impediments to Fair Housing Choice authorizing the City to become a direct recipient of CDBG funds from HUD. The annual grant agreement with HUD for $475,558 was executed on July 24, 2012. Additionally, the City entered into a Separation and Transfer Agreement with Riverside County for the transfer of approximately $1.1 million of previously programmed CDBG income. The City allocated FY2012-13 CDBG program funds to three public facility projects and six public service providers. In October 2012, the City began accepting applications for Fiscal Year 2013-14 public service funds. The City received ten applications from non-profit organizations seeking a portion of the 15 percent public service funding allocation. On November 26, 2012, staff held two CDBG workshops at the Conference Center. The outreach allows for community and citizen participation and feedback regarding annual CDBG funding, and provide technical assistance to public service applicants. Staff presented the Annual Action Plan and funding recommendations for FY2013-14 to the Finance Committee, consisting of Mayor Naggar and Council Member Washington, on February 26, 2013. The total anticipated FY 13-14 allocation is $380,446. The Subcommittee recommended allocating 20 percent for program administration and fair housing services ($76,089), 15 percent for public services ($57,067) to be divided evenly between seven non-profit service providers, and the remaining 65 percent for infrastructure improvements ($247,290). Following this recommendation from the Finance Committee, the Annual Action Plan will be noticed for a 30 -day public review period, and is tentatively scheduled for public hearing before the City Council on April 23, 2013. The Annual Action Plan must be submitted to HUD by May 15, 2013. (WEAVER) 2014-2021 Housing Element Update: State law requires the City to adopt an updated Housing Element and have it certified by the State Department of Housing and Community Development (HCD). City staff is collaborating with Pacific Municipal Consultants (PMC) to assist with the update of the Housing Element. Project efforts began in July 2012. Public outreach efforts include one workshop, a public review period, and two public hearings. On December 3, 2012, the City held a community workshop to discuss the Housing Element Update, and receive input from Temecula citizens regarding housing needs. Currently, staff is in the process of reviewing and finalizing the preliminary administrative draft for submission to HCD in late March. The project is on schedule for adoption by the City Council prior to October 15, 2013. (WEAVER) Housing Element Implementation Code Amendment: As part of the certified 2008-2014 Housing Element, the City is required to respond to Senate Bill 2, which clarifies and strengthens state housing element law to ensure local zoning ordinances encourage the development of a variety of housing types for all income levels. To be consistent with SB 2 mandates, the City has a legal requirement to allow for residential care facilities, transitional and supportive housing, and single room occupancy (SROs) residential uses by -right within residential zones, and to permit these type of uses the same as similar uses in the same zone. Staff has completed the proposed Ordinance and environmental review to address the required code amendments. On February 20, 2013, the Planning Commission recommended that the City Council approve the proposed amendments. On March 12, 2013, the City Council continued the public hearing to April 9, 2013. (WEAVER) ENERGY & CONSERVATION PROGRAM ACTIVITIES Electric Vehicle Charging Stations: The City now has four Electric Vehicle (EV) charging stations within Old Town Temecula. In October 2011, two EV charging stations were replaced at the 6th Street Parking Lot. In February 2013, two more EV charging stations were added to the top floor of the Old Town Parking Structure. The EV charging stations were funded through the California Energy Commission (CEC) together with ClipperCreek to upgrade existing publicly available EV charging infrastructure to the new SAE J1772 charging standard that has been adopted universally by all the BEV (battery electric vehicle) and PHEV (plug in hybrid electric vehicle) automakers in the US. The charging stations are available to the public at no charge. (WEST) Western Riverside Energy Leadership Partnership: This Partnership, which consists of 11 WRCOG member cities and Southern California Edison (SCE), provides performance-based programs and incentives for participating cities to develop and demonstrate energy efficiency leadership within their communities. Program activities include retrofitting or implementing energy efficiency measures at municipal facilities, developing an energy action plan, and providing opportunities for the community to take action in their homes and businesses. On March 4, 2013, the WRCOG Executive Committee authorized a contract amendment with Southern California Edison for the WRCOG Energy Efficiency Partnership Program to continue the implementation of the Western Riverside Energy Leader Partnership for Transition Years 2013-2014. They also directed the WRCOG Executive Director to add the Southern California Gas Company to the Partnership for Transition Years 2013-2014. (WEST) Municipal Facility Energy Benchmarking: This project establishes the baseline performance of City facilities by assessing energy performance, water efficiency, and carbon emissions using the Environmental Protection Agency's Portfolio Manager. This effort will enable the City to track the performance of facilities over time and determine the cost effectiveness of policies. A draft report, including benchmarking policies, was completed in October 2012. The draft procedures and policy report is currently being reviewed by staff. It is anticipated the report will be brought to the City Council in early to mid -2013. (WEST) Energy Action Plan (EAP): This project focuses on energy usage and energy reduction goals for City owned and operated facilities. A draft report was completed in September 2012, which established baseline energy use, policies, and procedures to reduce energy use at City facilities. The draft EAP is currently being reviewed by staff. It is anticipated the report will be brought to the City Council in early to mid -2013. (WEST) The Green House Gas (GHG) Emissions Inventory: This project will establish a greenhouse gas emissions inventory for City owned and operated facilities. Data from the Energy Action Plan is used to establish a 2010 baseline for the emission inventory. A draft emission inventory was completed in September 2012. The draft report is currently being reviewed by staff. It is anticipated the report will be brought to the City Council in early to mid- 2013. (WEST) Revolving Energy Fund: This project establishes the framework to institute a revolving energy fund to improve the energy efficiency at City facilities. The activity will tie together the efforts of the Municipal Facility Energy Benchmarking and the Energy Action Plan to provide an ongoing funding source which will improve the energy efficiency of City facilities and save the City money over time. Staff is currently reviewing the draft policies and procedures guidelines. It is anticipated the report will be brought to the City Council in mid -2013. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Franchise Agreement with CR&R Inc. and acts as a liaison between the City and CR&R and their customers, responding to customer inquiries, and assists with public outreach. The City and CR&R provide two citywide collection events each year. Residents can bring electronic waste, appliances, and large miscellaneous hard to handle items to these events. The next City-wide collection event is scheduled for March 9, 2013 at Chaparral High School. The temporary Household Hazardous Waste Collection Events (HHWE) and the Backyard Composting Workshops are County of Riverside Waste Management programs and are open to all Riverside County residents. An HHWE collection event was held on January 26, 2013. (WEST) Energy Efficiency and Conservation Block Grant Activities: In March 2010, the City was awarded grant funds through the American Recovery and Reinvestment Act (ARRA) to develop energy efficiency programs. The City was granted $940,700 from the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG). The grant term ended on March 27, 2013. Several activities have been funded with the EECBG including the Adaptive Traffic Signal Synchronization Project, CRC Energy Retrofit, and the Traffic Safety and Bridge Lighting Retrofit Project. (WEST) BUILDING & SAFETY Inspections: During the month of March, Building and Safety conducted 1,566 inspections. On average, there were 74.6 inspections per day, or 21.3 inspections per inspector. Foreclosure Tracking: Building and Safety works with the local real estate community to monitor foreclosures, real estate owned properties, and those properties in default in both commercial and residential development. The following charts demonstrate the past 6 months of foreclosure tracking activities in Temecula. Residential Foreclosure Tracking Commercial Foreclosure Tracking OCTOBER 2012 NOVEMBER 2012 DECEMBER 2012 JANUARY 2013 FEBRUARY 2013 March 2013 DEFAULT 277 221 232 162 127 133 FORECLOSED 336 327 333 263 237 197 REO 170 134 151 157 113 103 TOTALS 783 682 716 582 477 433 Commercial Foreclosure Tracking OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY March 2012 2012 2012 2013 2013 2013 DEFAULT 13 11 12 8 8 9 FORECLOSED 3 2 2 6 3 2 REO 76 73 74 67 69 71 TOTALS 92 86 88 81 80 82 CODE ENFORCEMENT In the month of March, Code Enforcement responded to 97 web complaints from constituents. In addition, they opened 128 cases, 107 of which were residential and 21 were commercial. Code Enforcement also pulled 162 non -conforming signs in the community. The breakdown of Code Enforcement responses can be found in the following chart. March 2013 - Code Enforcement Cases TYPE OF CODE CASE RESIDENTIAL COMMERCIAL TYPE TOTAL Abandoned or Inoperable Vehicle 3 0 3 Vacant Home / Prop. Maintenance / Rodents 5 0 5 Business or Home Occupation w/o license 3 2 5 Abandoned Home / Vandalization 8 0 8 Trash and Debris / Parking lot maintenance 32 3 35 Overgrown Vegetation / Weeds / Fire Hazard 26 8 34 Green Pool /Vector Control 3 0 3 Graffiti 4 3 7 Noise 5 3 8 Trailer/ RV Stored 8 0 8 Contruction w/o Permit 4 2 6 Encroach Public ROW/ Trash Cans 6 0 6 TOTAL NUMBER OF CASES 107 21 128 Signs Pulled - Violations (No Cases Created) 119 43 162 March 2013 Tota I 290 SPECIAL PROJECTS Farmer's Market Contract: On January 15, 2013, the Old Town Steering Committee, consisting of Mayor Naggar and Council Member Roberts, met to discuss the possibility of issuing an RFP for the management of the Farmer's Market and to consider issues that need to be addressed in a new Licensing and Operating Agreement. The Old Town Steering Committee recommended not issuing an RFP and that staff negotiates a new Licensing and Operating Agreement between the City and the current operator and manager, Farmer's Market Management, Inc. for the use of the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. On March 26, 2013, City Council approved a new licensing/operating agreement with Farmer's Market Management, Inc. for the management of the certified Farmer's Market. The new Agreement addresses several issues including the definition of "handcrafted" items, an application process to sell handcrafted items, definition of "Old Town Merchant," adherence to the Agreement, and the number of booths designated for Old Town Merchants. (RICHARDSON, LEHNER) Partnership with USC MPA Capstone Class: The City has partnered with the University of Southern California's Master in Public Administration program. Over the course of the semester, graduate students are paired with organizations to analyze and propose solutions to actual problems these organizations face. A group of students will evaluate the possibility of an Annual Fire Inspection program in the City. A second group of students is doing program analysis within the Community Services Department. Staff anticipates receiving the analysis in May 2013. (LEHNER) Planning Agenda Report 3/1/2013 through 3/31/2013 1. Recently Approved APN # 922026008 • PA12-0215 Temecula Rod Run DAWN ADAMIAK A Special Event Permit for the annual Rod Run to display cars and for vendors and entertainment. The event will take place on March 8th and 9th, 2013. Old Town Front Street and adjacent side streets will be closed on Friday from 1 p.m. to 7 p.m. and on Saturday from 5 a.m. to 4 p.m. Submitted Date Approved Date Oct 31 2012 Mar 4 2013 • PA13-0027 Temecula Pkway Strawberry TUP APN # 959070025 ERIC JONES A Temporary Use Permit for a strawberry stand located on a vacant lot at the northeast corner of Temecula Parkway and Rancho Pueblo Road. The stand will be operational from Feb 15, 2013 to June 30, 2013 from 10 a.m. to 6 p.m. (APN: 959-070-031). Submitted Date Approved Date Feb 11 2013 Mar 8 2013 • PA13-0037 Circus VargasTUP APN # 910420030 ERIC JONES A Minor Temporary Use Permit to allow Circus Vargas to operate a circus from 12:30 p.m. to 9:30 p.m. on April 4 thru 8, 2013, at 40820 Winchester Road (Promenade Mall). Submitted Date Approved Date Feb 19 2013 Mar 18 2013 1 of 7 Planning Agenda Report 3/1/2013 through 3/31/2013 2. Scheduled for Hearing APN # Bela Linda DP 961450012 • PA11-0275 ERIC JONES A Development Plan Application for a two-phase residential project. Phase 1 will consist of 325 multi -family apartment units. Phase 2 will consist of 49 single-family cluster units (senior units). The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs 961-450-012, 013, 003) (Related Applications: PA11-0276, 0277). Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 27 2011 Apr 172013 • PA11-0276 Bella Linda Zone Change, PDO APN # 961450012 ERIC JONES A Zone Change and Planned Development Overlay (PDO) Application for a two phased residential project. Both the General Plan and Zoning designations are currently Professional Office (PO). The application proposes to create a Medium Density Residential section (Courtyard Housing) and a High Density Residential Section (Apartments). The PDO will provide architectural and landscape design guidelines. The project is located on the northeast corner of Pechanga Parkway and Loma Linda Road and totals 25.56 acres (APNs: 961-450-012, 013, 003) (Related Applications: PA11-0275 and PA11-0277). Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 27 2011 Mar 202013 • PA11-0277 Bella Linda TTM APN # 961450012 ERIC JONES A Tentative Tract Map Application to create 54 separate residential lots from three existing lots. Four additional lots will also be created: Lots A - C will contain the public right-of-way through the center lines of Pechanga Parkway and Loma Linda Road, and Lot D will consist of a private road. The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs 961-450-012, 013, 003) (Related Applications: PA11-0276 & PA11-0275). Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 27 2011 Apr 172013 APN # • PA12-0033 Rancho Vista Village DP 944060006 STUART FISK A Multi -family Residential Development Plan to construct 120 apartment units on a 7.24 acre site located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Associated with PA12-0034 (GPA/PDO-11 Amendment). Previous PR11-0023 Submitted Date Anticipated DRC Meeting Date City Council Feb 22 2012 3/22/2012 Apr 9 2013 • PA12-0034 Rancho Vista Village GPA/PDO APN # 944060006 STUART FISK A General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential and a Zoning Text Amendment to revise the text for Planned Development Overlay -11 (PDO -11) associated with the Rancho Vista Village Apartment project (PA12-0033) located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Submitted Date Anticipated DRC Meeting Date City Council Feb 22 2012 3/22/2012 Apr 9 2013 APN # 2 of 7 Planning Agenda Report 3/1/2013 through 3/31/2013 • PA12-0122 Roripaugh Ranch DA Amendment 964180022 MATTHEW PETERS A Development Agreement Amendment application to extend the term of the existing Development Agreement for the Roripaugh Ranch Specific Plan by 15 years. None of the provisions in the Development Agreement are proposed to be modified other than the term of the Agreement. Submitted Date Anticipated DRC Meeting Date City Council Jun 28 2012 12/6/2012 Apr 9 2013 • PA12-0208 McDonalds CUP APN # 921700002 KENNY TAYLOR A Conditional Use Permit to allow for a drive-thru for a proposed McDonald's (PA12-0207 Development Plan) within an existing commercial center located at 30580 Rancho California Road. This application was approved by the Planning Commission on March 20, 2013, and representatives of the nearby Burger King and Carl's Jr. filed an appeal (PA13-0078) of this approval on April 4, 2013. Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 18 2012 Mar 202013 APN # • PA12-0233 DAS Node TP -20 952470015 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -20) in the City of Temecula right-of-way at the southeast corner of Redhawk Parkway and El Chimisal Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD APN # • PA12-0234 DAS Node TP -21 960292001 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -21) in the City of Temecula right-of-way on the south side of Regina Drive, approximately 195 feet east of the center line of Valentino Way. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD • PA12-0235 DAS Node TP -23 APN # 962190006 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high steel textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -23) in the City of Temecula right-of-way on the north side of Redhawk Parkway, approximately 15 feet west of the center line of Callesito Vallarta. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD • PA12-0237 DAS Node TP -26 APN # 962280007 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -26) in the City of Temecula right-of-way on the north side of Redhawk Parkway, approximately 101 feet east of the center line of Via Puebla. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 21 2012 12/6/2012 TBD 3 of 7 Planning Agenda Report 3/1/2013 through 3/31/2013 APN # • PA13-0022 DAS Node TP -07 916360014 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -07) in the City of Temecula right-of-way on the south side of Date Street approximately 440 feet west of the centerline of Kingwood Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 72013 TBD APN # • PA13-0024 Blackbird Tavern MCUP 922033005 KENNY TAYLOR A Minor Conditional Use Permit for Blackbird Tavern, located at 41 958/41 964 5th Street to upgrade their existing Type -41 ABC license (on sale beer/wine eating place) to a Type -47 (on -sale general beer/wine/liquor eating place). Submitted Date Anticipated DRC Meeting Date Planning Commision Feb 7 2013 May 1 2013 • PA13-0040 Karl Strauss Major Mod APN # 910320042 KENNY TAYLOR A Major Modification for Karl Strauss Restaurant to change the building exterior facades and to construct additional patio areas for outdoor dining. The restaurant will serve as a micro -brewery that will sell beer, spirits, and food at 40868 Winchester Rd (former On The Border Mexican Grill and Cantina). Submitted Date Anticipated DRC Meeting Date Planning Commision Feb 26 2013 May 152013 4 of 7 Planning Agenda Report 3/1/2013 through 3/31/2013 3. New Submittals Pending DRC Meeting APN # Linfield TTM 36098 955020006 • PA10-0348 ERIC JONES A Tentative Map application (for conveyance purposes) to allow Linfield Christian School to create four additional parcels. Total parcels within the school property will equal eight. Parcels will range in size between 2.52 - 6.63 acres. Located at 31950 Pauba Road. (Related Applications PA10-0349, Major Mod, and PA10-0347, PDO Amendment) Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 152010 TBD APN # • PA11-0157 Arco Major Modification 959080017 ERIC JONES A Major Modification application to allow an existing gas station to install three new fuel pumps and add 1,000 square feet to the existing convenience store to make room for a deli. Outside seating will also be provided. The project is located at 44239 Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 62011 TBD • PA12-0073 Crossroads CUP & MOD APN # 910110042 ERIC JONES A Minor Conditional Use Permit and Minor Modification application to allow Crossroads Church to operate within an existing industrial building located at 26090 Ynez Road. The project will be constructed in two phases. Modifications include an expansion of on-site parking spaces and new doors for access to the structure (APN: 910-100-042) Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 122012 TBD • PA12-0164 APN # Lienzo Charro CUP 922120008 ERIC JONES A Minor Conditional Use Permit to allow Lienzo Charro to conduct live indoor entertainment consisting of open mic night Wednesday through Friday from 7 p.m. to 1:30 a.m. with Mariachi bands also proposed on Friday from 3 p.m. to 8:30 p.m. An age 21 and over dance club is proposed for Saturday from 9 p.m. to 1:30 a.m. Salsa dancing is proposed for Sunday from 8 p.m. to 1 a.m. The project is located 29000 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 20 2012 TBD • PA12-0173 iShine Major CUP APN # 940310056 KENNY TAYLOR A Minor Conditional Use Permit to allow iShine to operate a tutoring/life coaching facility at an existing building located at 1 Better World Circle. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 29 2012 TBD APN # • PA12-0178 Gateway Plaza DP 961290002 KENNY TAYLOR A Commercial Development Plan to construct a two-story 29,211 square foot medical office building on a 1.48 acre vacant lot located on the west side of Avenida de Missiones, approximately 300 feet south of Temecula Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned 5 of 7 Planning Agenda Report 3/1/2013 through 3/31/2013 Sep 7 2012 10/18/2012 TBD • PA12-0194 Redhawk Vision Center DP APN # 959070026 KENNY TAYLOR A Commercial Development Plan to construct a two-story, 11,982 square foot medical office building on a 0.92 acre vacant lot located at the northwest corner of Temecula Parkway and Dona Lynora. Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 3 2012 11/15/2012 TBD APN # • PA12-0197 Iglesia Ni Cristo Office MOD 944290006 KENNY TAYLOR A Major Modification to allow a new 3,500 square foot church office to replace an existing modular building in the same location at 29385 Rancho California Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 92012 TBD • PA12-0226 Halcon Rojo Major Mod APN # 959060007 ERIC JONES A Major Modification to allow a reduction in the number of buildings and a revision of the architecture for a previously approved Development Plan. The original Development Plan consisted of three medical buildings totaling 65,640 square feet. The Major Modification will create two structures totaling 54,860 square feet. The project is generally located on the north side of Temecula Parkway, approximately 400 feet east of the Jedediah Smith and Temecula Parkway intersection (APN 959-060-007) (Related Application PA12-0227). Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 152012 TBD • PA13-0007 TKAC Church CUP APN # 909370012 KENNY TAYLOR A Minor Conditional Use Permit to allow Temecula Korean Adventist to operate a church at 42110 Remington Avenue, Suite A. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 11 2013 TBD APN # • PA13-0028 Garage Brewing Minor CUP 922110031 KENNY TAYLOR A Minor Conditional Use Permit to allow for the production of beer for on-site consumption as an ancillary use to a restaurant to be located at 29095 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 11 2013 TBD • PA13-0039 KB Homes Product Review APN # TR29661-1 L01 MATTHEW PETERS A Home Product Review application for KB Homes including 4 elevations and 4 floor plans ranging in size from approximately 2,190 to 4,200 square feet in Tract 29661-1 consisting of 98 lots in the Roripaugh Ranch Specific Plan "pan handle," south of Murrieta Hot Springs Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 22 2013 3/21/2013 TBD APN # 6 of 7 Planning Agenda Report 3/1/2013 through 3/31/2013 • PA13-0050 Canvas and Cabernet CUP 920100038 KENNY TAYLOR A Minor Conditional Use Permit for Canvas and Cabernet, an artistic painting and acrylic canvas creations establishment, to operate under a Type 42 ABC license (on -sale beer and wine) for the sale of beer and wine to art class customers at 39628 Winchester Road, Suite F (Rancho Temecula Town Center). Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 52013 TBD • PA13-0054 Van Daele Product Review APN # 957340054 MATTHEW PETERS A Home Product Review application for Van Daele Homes for 113 single family homes including 56 homes in Verona and 57 in Sorrento, Tract 29661, Planning Area 4B of the Roripaugh Ranch Specific Plan "pan handle", located south of Murrieta Hot Springs Road, approximately 1,700 feet west of Butterfield Stage Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 122013 TBD • PA13-0068 Tower Plaza Addition and Mod APN # 921260022 KENNY TAYLOR A Major Modification for the construction of a new 1,780 square foot building and for facade improvments for two existing buildings located at 27423 Ynez Road (Tower Plaza Center). Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 262013 TBD • PA13-0070 Spuntino's CUP APN # 954030001 KENNY TAYLOR A Minor Conditional for Spuntino's Pizzeria restaurant to upgrade their existing Type -41 (on -sale beer and wine) ABC license to a Type -47 (on -sale beer, wine, and liquor distilled spirits) ABC license at 31891 Rancho California Road, Suite F-200 & 300 (Meadows Village Shopping Center). Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 272013 TBD • PA13-0072 McDonald's MOD APN # 961080007 KENNY TAYLOR A Major Modification for a fagade improvement to an existing McDonald's restaurant located at 31853 Temecula Parkway (Vail Ranch Shopping Center . Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 282013 TBD APN # • PA13-0076 Quaid Harley Major TUP 922120010 VICTORIA HERNANDEZ A Major Temporary Use Permit to allow Quaid Harley Davidson to conduct the Cinco de Mayo Harley Davidson Style event on May 5, 2013, from 12:00 p.m. to 4:00 p.m. at 28964 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 32013 TBD 7 of 7 • iroiA 4.'06 • 1'+ = PA13-0054 41""tridieh dllI;ii,w gui, _ytf PA12-0122 fit/ 11110110"4 4/Prialleti iii_01,00.11411iPu Ade, rfpkt, ' �l�1 --EAINkmi • - ./RiJogum• IIIA ,.� . •..,. .,'moi ;i.-.:` �a'�. 1_,_ `— 0026 �Vl .�lu`y . Pi 0-4-11-44 tiCIP IVA IP\ rZitt•�,. M1 �ra� 174, r„„ Wra.411111--low VT"- WI" isomwm tam* rim& WW1 - ,"Ar ofr PA11-0157 PA12'-0234 „;� PA12,02 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 17 Approvals City Attorney Director of Finance City Manager Mf- OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Interim City Manager DATE: April 3, 2013 SUBJECT: City Council Travel/Conference Report — March 2013 PREPARED BY: Eva Pharis, Office Aid RECOMMENDATION: Receive and File On March 7, 2013 Council Member Ron Roberts traveled to Los Angeles to attend the Southern California Association of Governments' Regional Council and Transportation Committee meetings as well as the Joint meeting of the Regional Council, Community, Economic and Human Development, Energy and Environment and Transportation Committee meeting. On March 9, 2013 Council Member Ron Roberts and Council Member Jeff Comerchero traveled to Washington D.C. to attend the National League of Cities Congressional City Conference. On March 14, 2013 Mayor Mike Naggar traveled to Yosemite Valley, California to attend the 2013 Ahwahnee Conference — Building Livable Communities. ATTACHMENTS: Meeting Agendas SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f (213) 236-1825 www,scag.ce.gov Officers President Glen Becerra, Slml Valley First Vice President Greg Pettis, Cathedral City Second Vice President Carl Morehouse, San Buenaventura Immediate Past President Pam O'Connor, Santa Monica Executive/Administration Committee Chair Glen Becerra, Sirnl Valley Policy Committee Chain Community, Economic and Human Development Paula Lantz. Pomona Energy & Environment Cheryl Viegas-Walker, El Centro Transportation Keith Millhouse, Ventura County Transportation Commission No. 547 MEETING OF THE REGIONAL COUNCIL Thursday, March 7, 2013 12:15 p.m. - 2:00 p.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Lillian Harris -Neal at (213) 236-1858 or via email at harris-neal(�scag.ca.gov. In addition, regular meetings of the Regional Council may be viewed live or on - demand at www.scaq.ca.gov/scagty Agendas & Minutes for the Regional Council are also available at: www.scaq.ca.gov/committees/rc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1858. We request at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California, 2012.05.07 President 1st Vice -President 2nd Vice -President Imm. Past President SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Regional Council Members - March 2013 Members 1. Hon. GIen Becerra 2. Hon. Greg Pettis 3. Hon. Carl Morehouse 4. Hon. Pam O'Connor 5. Hon. Jack Terrazas 6. Hon. Michael Antonovich 7. Hon. Mark Ridley-Thomas 8. Hon. Shawn Nelson 9. Hon. Gary Ovitt 10. Hon. Jeff Stone 11. Hon. Jack Terrazas 12. Hon. Linda Parks 13. VACANT 14. Hon. Robert "Bob" Botts 15. Hon. Alan Wapner 16. Hon. Keith Millhouse 17. VACANT 18. Hon. Cheryl Viegas-Walker 19. Hon. Jim Hyatt 20. Hon. Jeff Degrandpre 21. Hon. Ronald Roberts 22. Hon. Jon Harrison 23. Hon. Larry McCallon 24. Hon. Deborah Robertson 25. Hon. Paul Eaton 26. Hon. Ed Graham 27. Hon. Bill Jahn 28. Hon. Mike Munzing 29. Hon. Kathryn McCullough 30. Hon. Steven Choi 31. Hon. Leslie Daigle 32. Hon. Michele Martinez Representing Simi Valley Cathedral City San Buenaventura Santa Monica Banning Ontario Moorpark El Centro Calimesa Eastvale Temecula Redlands Highland Rialto Montclair Chino Hills Big Bear Lake Aliso Viejo Lake Forest Irvine Newport Beach Santa Ana District 46 District 2 District 47 District 41 Imperial County Los Angeles County Los Angeles County Orange County San Bernardino County Riverside County Imperial County Ventura County OCTA RCTC SANBAG VCTC ICTC District 1 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 District 11 District 12 District 13 District 14 District 15 District 16 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Regional Council Members - March 2013 Members Representing 33. Hon. John Nielsen 34. Hon. Leroy Mills 35. Hon. Kris Murray 36. Hon. Andy Quach 37. Hon. Art Brown 38. Hon. Brett Murdock 39. Hon. Bruce Barrows 40. Hon. Gene Daniels 41. Hon. Mario Guerra 42. Hon. Jim Morton 43. Hon. Frank Gurule 44. Hon. Dan Medina 45. Hon. Steven Neal 46. Hon. James Johnson 47. Hon. Stan Carroll 48. Hon. Margaret Clark 49. Hon. Keith Hanks 50. Hon. Barbara Messina 51. Hon. Margaret E. Finlay 52. Hon. Donald Voss 53. Hon. Carol Herrera 54. Hon. Paula Lantz 55. Hon. James Gazeley 56. Hon. Judy Mitchell 57. Hon. Frank Quintero 58. Hon. Steven Hofbauer 59. Hon. Mark Rutherford 60. VACANT 61. Hon. Ed P. Reyes 62. Hon. Paul Krekorian 63. Hon. Dennis Zine 64. Hon. Tom LaBonge Tustin Cypress Anaheim Westminster Buena Park Brea Cerritos Paramount Downey Lynwood Cudahy Gardena Long Beach Long Beach La Habra Heights Rosemead Azusa Alhambra Duarte La Canada/Flintridge Diamond Bar Pomona Lomita Rolling Hills Estates Glendale Palmdale Westlake Village Los Angeles Los Angeles Los Angeles Los Angeles District 17 District 18 District 19 District 20 District 21 District 22 District 23 District 24 District 25 District 26 District 27 District 28 District 29 District 30 District 31 District 32 District 33 District 34 District 35 District 36 District 37 District 38 District 39 District 40 District 42 District 43 District 44 District 45 District 48 District 49 District 50 District 51 ,,j4 SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Regional Council Members — March 2013 Members Representing 65. Hon. Paul Koretz 66. VACANT 67. Hon. Richard Alarcon 68. Hon. Bernard C. Parks 69. Hon. Jan Perry 70. Hon. Herb Wesson, Jr. 71. Hon. Bill Rosendahl 72. Hon. Mitchell Englander 73. Hon. Eric Garcetti 74. Hon. Jose Huizar 75. Hon. Joe Buscaino 76. Karen Spiegel 77. Hon. Matthew Harper 78. Hon. Ryan McEachron 79. Hon. Lupe Ramos Watson 80. Hon. Sylvia Bailin 81. VACANT 82. Hon. Lisa Bartlett 83. Mr. Randall Lewis 84. Hon. Antonio Villaraigosa Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Corona Huntington Beach Victorville Indio San Fernando Dana Point District 52 District 53 District 54 District 55 District 56 District 57 District 58 District 59 District 60 District 61 District 62 District 63 District 64 District 65 District 66 District 67 Tribal Government Representative TCA Lewis Group of Companies (Ex -Officio) Los Angeles (At -Large) REGIONAL COUNCIL AGENDA MARCH 7, 2013 The Regional Council may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Glen Becerra, President) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the President has the discretion to reduce the time limit based upon the number of speakers. The President may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) • SCAG Strategic Plan Update PRESIDENT'S REPORT • Sacramento Legislative Reception Recap • New Members • New Committee Appointments • Update Cal/EPA Healthy Community Screening Tool COMMITTEE REPORTS/ACTION ITEMS Executive/Administration Committee (EAC) (Hon. Glen Becerra, Chair) 1. Approval of the Fiscal Year (FY) 2013/14 Comprehensive Budget (Hasan Ikhrata, Executive Director) Recommended Actions: 1) Approve the FY 2013/14 Draft Comprehensive Budget, which includes the following components: The Draft Overall Work Program (OWP), the General Fund Budget and Membership Assessment, the Indirect Cost Budget and the Fringe Benefit Budget; and 2) Authorize the release of the Draft OWP and the Indirect Cost Allocation Plan (ICAP) to Caltrans, initiate the 30 -day public comment period, and transmit the General Fund Budget and Membership Assessment to the General Assembly. SOUTHERN CAUFORNIA ASSOCIATION of GOVERNMENTS Page No. Attachment 1 Attachment 4 REGIONAL COUNCIL AGENDA MARCH 7, 2013 COMMITTEE REPORTS/ACTION ITEMS - continued Page No. Nominations Committee Report (Hon. Pam O'Connor, Chair) 2. Nominations for the 2013-14 SCAG Officers Recommended Action: Approve the nominations for the 2013-2014 SCAG Officer positions as submitted by the Nominating Committee. Bylaws and Resolutions Committee Report (Hon. Carl Morehouse, Chair) 3. Consideration of Proposed Changes to the SCAG Bylaws Community, Economic and Human Development Committee (CEHD) Report (Hon. Paula Lantz, Chair) Attachment 60 To be sent under separate cover 4. Consider Reconvening the Regional Housing Needs Assessment (R1 -INA) Attachment 68 Subcommittee (Huasha Liu, Director of Land Use & Environmental Planning) Recommended Action: Approve the CEHD recommendation to reconvene the RHNA Subcommittee for six (6) months and fund additional costs (staffing, stipends, mileage, meals, etc.) with General Fund. Energy and Environment Committee (EEC) (Hon. Cheryl Viegas-Walker, Chair) Transportation Committee (TC) Report (Hon. Keith Millhouse, Chair) Legislative/Communications and Membership Committee (LCMC) (Hon. Larry McCallon, Chair) CONSENT CALENDAR Approval Items 5. Minutes of the February 7, 2013 Meeting Attachment 71 6. SCAG Sponsorships & Memberships Attachment 78 SOUTHERN CAUFORNIA ASSOCIATION of GOVERNMENTS 11 REGIONAL COUNCIL AGENDA MARCH 7, 2013 CONSENT CALENDAR — continued Approval Items 7. California Department of Transportation (Caltrans) FY 2013-2014 Transportation Planning Grants 8. Contracts $200,000 or Greater: Contract No. 13-008-C1 and 13-008-C2, SCAG Region Value Pricing Project 9. Conformity Re -determination for 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and 2013 Federal Transportation Improvement Program (FTIP) for 2008 8 -hour Ozone National Ambient Air Quality Standards (NAAQS) Receive & File 10. March 2013 State and Federal Legislative Update 11. Contracts/Purchase Orders and/or Amendments between $5,000 - $200,000 12. Notice of Final Rulemaking for National Environmental Policy Act (NEPA) Streamlining INFORMATION ITEMS 13. CFO Monthly Report 14. Summary Report from Subcommittees 15. 2013 Regional Council and Policy Committees Meeting Schedule FUTURE AGENDA ITEM(S) CLOSED SESSION Public Employee Performance Evaluation Government Code Section 54957 (b) Title: Executive Director ADJOURNMENT Page No. Attachment 80 Attachment 85 Attachment 92 To be Distributed at the Meeting Attachment 101 Attachment 111 Attachment 113 Attachment 125 Attachment 129 The next Regional Council meeting is scheduled for Thursday, April 4, 2013, at the SCAG Los Angeles Office. SOUTHERN CALIFORNIA ill ASSOCIATION of GOVERNMENTS SOUTHERN CALIFORNIA r ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f (213) 236-1825 www.scag.ca.gov Officers President Glen Becerra, Simi Valley First Vice President Greg Pettis, Cathedral City Second Vice President Carl Morehouse, San Buenaventura Immediate Past President Pam O'Connor, Santa Monica Executive/Administration Committee Chair Glen Becerra, Simi Valley Policy Committee Chairs Community, Economic and Human Development Paula Lantz, Pomona Energy & Environment Cheryl Viegas-Walker, El Centro Transportation Keith Millhouse, Ventura County Transportation Commission MEETING OF THE EXECUTIVE/ADMINISTRATION COMMITTEE Thursday, March 7, 2013 9:00 a.m. — 10:00 a.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Lillian Harris -Neal at (213) 236-1858 or via email harris-neal(a�scaq.ca.gov Agendas & Minutes for the Executive/Administration Committee are also available at: www.scag.ca.gov/committees/eac.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1858. We require at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, slx County Transportation Commissions and a Tribal Government representative within Southern California. 2012.05.07 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA MARCH 7, 2013 The Executive/Administration Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Glen Becerra, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS Page No. EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) • SCAG Strategic Plan Update Attachment 1 PRESIDENT'S REPORT • Update Cal/EPA Healthy Community Screening Tool • Sacramento Legislative Reception Recap ACTION ITEMS 1. Approval of the Fiscal Year (FY) 2013/14 Comprehensive Budget Attachment 4 (Hasan Ikhrata, Executive Director) Recommended Action: 1) Approve the FY 2013/14 Draft Comprehensive Budget, which includes the following components: The Draft Overall Work Program (OWP), the General Fund Budget and Membership Assessment, the Indirect Cost Budget and the Fringe Benefit Budget; and 2) Authorize the release of the Draft OWP and the Indirect Cost Allocation Plan (ICAP) to Caltrans, initiate the 30 -day public comment period, and transmit the General Fund Budget and Membership Assessment to the General Assembly. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS 1 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA MARCH 7, 2013 2. Consider Reconvening the Regional Housing Needs Assessment (RHNA) Subcommittee (Huasha Liu, Director of Land Use & Environmental Planning) Recommended Action: Approve the CEHD recommendation to continue the RHNA Subcommittee for six (6) months and fund additional costs (staffing, stipends, mileage, meals, etc.) with General Funds. CONSENT CALENDAR Approval Items 3. Minutes of the February 7, 2013 Meeting 4. SCAG Sponsorships & Memberships 5. Contracts $200,000 or Greater: Contract 13-008-C1 and 13-008-C2, SCAG Region Value Pricing Project 6. California Department of Transportation FY 2013-2014 Transportation Planning Grants Receive & File 7. Contracts/Purchase Orders and/or Amendments between $5,000 - $200,000 8. Notice of Final Rulemaking for National Environmental Policy Act (NEPA) Streamlining. CFO MONTHLY FINANCIAL REPORT (Basil Panas, Acting Chief Financial Officer) FUTURE AGENDA ITEM(S) ANNOUNCEMENTS SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS 11 Page No. Attachment 60 Attachment 63 Attachment 69 Attachment 71 Attachment 78 Attach ment Attachment Attachment 83 93 95 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA MARCH 7, 2013 CLOSED SESSION Public Employee Performance Evaluation: Government Code Section 54957 (b) Title: Executive Director ADJOURNMENT The next Executive/Administration Committee (EAC) meeting is scheduled for Thursday, April 4, 2013, at the SCAG Los Angeles Office. SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS 111 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f (213) 236-1825 www.scag.ca.gov Officers President Glen Becerra, Simi Valley First Vice President Greg Pettis, Cathedral City Second Vice President Carl Morehouse, San Buenaventura Immediate Past President Pam O'Connor, Santa Monica Executive/Administration Committee Chair Glen Becerra, Simi Valley Policy Committee Chairs Community, Economic and Human Development Paula Lantz, Pomona Energy & Environment Cheryl Vegas -Walker, El Centro Transportation Keith Millhouse, Ventura County Transportation Commission MEETING OF THE TRANSPORTATION COMMITTEE Thursday, March 7, 2013 10:00 a.m. - 12:00 p.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Lillian Harris -Neal at (213) 236-1858 or via email harris-neal(a�scaq.ca.gov Agendas & Minutes for the Transportation Committee are also available at: www.scag.ca.gov/committees/tc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1858. We require at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 2012.05.07 TRANSPORTATION COMMITTEE AGENDA MARCH 7, 2013 The Transportation Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as Information or Action Items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Keith Millhouse, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three (3) minutes. The Chair may limit the total time for all comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS CONSENT CALENDAR Approval Item 1. Minutes of the February 7, 2013 Meeting Receive and File 2. Summary Report from Subcommittees 3. Federal Transit Administration (FTA) Final Rule for Major Capital Investment Projects 4. Update to Strategic Plan of the 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) ACTION ITEMS 5. Draft California State Rail Plan (CSRP) Update and SCAG Comment Letter (Rich Macias, Director of Transportation Planning) Recommended Action: Review staff comments on the Draft 2013 California State Rail Plan (CSRP); direct staff to revise comments as appropriate; and authorize the Executive Director to submit a comment letter to the Caltrans Division of Rail (DOR) by the March 11, 2013 deadline for public comments. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS Time Page No. Attachment 1 Attachment 6 Attachment 10 Attachment 13 Attachment 15 TRANSPORTATION COMMITTEE AGENDA MARCH 7, 2013 ACTION ITEMS - continued Page No. 6. Sustainability Program Call For Proposals Ranking Criteria Attachment 41 (Huasha Liu, Director of Land Use & Environmental Planning) Recommended Action: Recommend Regional Council approval of Call for Proposals ranking criteria. SUBCOMMITTEES' REPORT CHAIR'S REPORT (Hon. Keith Millhouse, Chair) STAFF REPORT (Ryan Kuo, SCAG Staff FUTURE AGENDA ITEM(S) ADJOURNMENT The next TC meeting is scheduled for Thursday, April 4, 2013, at the SCAG Los Angeles Office. The 2013 Regional Conference and General Assembly will be held on May 2-3, 2013 at the JW Marriott Desert Springs Resort & Spa, 74855 Country Club Drive, Palm Desert, CA 92260. 4 SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS ii SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f(213)236-1625 www.scag.ca.gov Officers President Glen Becerra, Simi Valley First Vice President Greg Pettis, Cathedral City Second Vire President Carl Morehouse, San Buenaventura Immediate Past President Pam O'Connor, Santa Monica Executive/Administration Committee Chair Glen Becerra, Simi Valley Policy Committee Chairs Community, Economic and Human Development Paula Lantz. Pomona Energy & Environment Cheryl Viegas-Walker, El Centro Transportation Keith Millhouse, Ventura County Transportation Commission MEETING OF THE ENERGY AND ENVIRONMENT COMMITTEE Thursday, March 7, 2013 10:00 a.m. - 12:00 p.m. SCAG Main Office 818 W. 7th Street, 12th Floor Policy Committee Room A Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Lillian Harris -Neal at (213) 236-1858 or via email harris-neat anscaq.ca.gov Agendas & Minutes for the Energy and Environment Committee are also available at: www.scaq.ca.gov/committees/eec.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1858. We require at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 2012.05.07 ENERGY & ENVIRONMENT COMMITTEE AGENDA MARCH 7, 2013 The Energy & Environment Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as Information or Action Items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Cheryl Viegas-Walker, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three (3) minutes. The Chair may limit the total time for all comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS CONSENT CALENDAR Time Pa2e No. Approval Item 1. Minutes of the February 7, 2013 Meeting Attachment 1 Receive and File 2. Summary Report from Subcommittees Attachment 6 INFORMATION ITEM 3. U.S. Environmental Protection Agency (EPA) Publication Attachment 10 on Creating Equitable, Healthy, and Sustainable Communities (Ma'Ayn Johnson, SCAG Staff) ACTION ITEMS 4. Conformity Re -determination for 2012-2035 Regional Attachment 10 mins. 20 Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and 2013 Federal Transportation Improvement Program (FTIP) for 2008 8 -hour Ozone National Ambient Air Quality Standards (NAAQS) (Huasha Liu, Director, Land Use and Environmental Planning) Recommended Action: Recommend that Regional Council adopt 2012-2035 RTP/SCS and 2013 FTIP conformity re- determination for 2008 8 -hour ozone standards and direct staff to submit it to Federal Highway Administration and Federal Transit Administration (FHWA/FTA) for approval. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ENERGY & ENVIRONMENT COMMITTEE AGENDA MARCH 7, 2013 ACTION ITEMS - continued Time Pa2e No. 5. Sustainability Program CaII For Proposals Ranking Criteria Attachment 10 mins. 29 (Huasha Liu, Director, Land Use and Environmental Planning) Recommended Action: Recommend Regional Council approval of Call for Proposals ranking criteria. CHAIR'S REPORT (Hon. Cheryl Viegas-Walker, Chair) STAFF REPORT (Jacob Lieb, SCAG Staff) FUTURE AGENDA ITEMS ANNOUNCEMENTS ADJOURNMENT The next EEC meeting will be held on Thursday, April 4, 2013 at the SCAG Los Angeles Office. The 2013 Regional Conference and General Assembly will be held on May 2-3, 2013 at the JW Marriott Desert Springs Resort & Spa, 74855 Country Club Drive, Palm Desert, CA 92260. SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS 11 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 6213)236-1825 wwwscag.ca.gov Officers President Glen Becerra, Simi Valley First Vice President Greg Pettis, Cathedral City Second Vice President Carl Morehouse, San Buenaventura Immediate Past President Pam O'Connor, Santa Monica Executive/Administration Committee Chair Glen Becerra, Simi Valley Policy Committee Chairs Community, Economic and Human Development Paula Lantz, Pomona Energy & Environment Cheryl Viegas-Walker, EI Centro Transportation Keith Millhouse, Ventura County Transportation Commission MEETING OF THE COMMUNITY, ECONOMIC & HUMAN DEVELOPMENT COMMITTEE Thursday, March 7, 2013 10:00 a.m. — 12:00 p.m. SCAG Main Office 818 W. 7th Street, 12th Floor Policy Committee Room B Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Lillian Harris -Neal at (213) 236-1858 or via email harris-neal(c�scaq.ca.gov Agendas & Minutes for the Community, Economic, and Human Development Committee are also available at: www.scaq.ca.clovicommittees/cehd.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1858. We require at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 201, 7.05.67 COMMUNITY, ECONOMIC AND HUMAN DEVELOPMENT COMMITTEE AGENDA MARCH 7, 2013 The Community, Economic and Human Development (CEHD) Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as Information or Action Items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Paula Lantz, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three (3) minutes. The Chair may limit the total time for all comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS Time Page No. CONSENT CALENDAR Approval Items 1. Minutes of the February 7, 2013 Meeting Attachment 1 Receive and File 2. Summary Report from Subcommittees Attachment 6 INFORMATION ITEMS 3. List of Jurisdictions that Participated in the California Attachment 10 Department of Housing and Community Development (HCD) Housing Element Assistance Workshop 4. 2012-2035 Regional Transportation Plan/Sustainable Attachment 20 mins. 13 Communities Strategies (RTP/SCS) Growth Forecast: Planning & Policy Implications 5. 2013 Local Profiles Update Attachment 10 mins. 24 ACTION ITEM/DISCUSSION ITEM 6. Sustainability Program Call For Proposals Ranking Attachment 10 mins. 76 Criteria (Huasha Liu, Director, Land Use & Environmental Planning) Recommended Action: Recommend Regional Council approval of Call for Proposals ranking criteria. SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS i COMMUNITY, ECONOMIC AND HUMAN DEVELOPMENT COMMITTEE AGENDA MARCH 7, 2013 SUSTAINABILITY SUBCOMMITTEE REPORT CHAIR'S REPORT (Hon. Paula Lantz, Chair) STAFF REPORT (Frank Wen, SCAG Staff) FUTURE AGENDA ITEM(S) ADJOURNMENT The next CEHD Committee meeting is scheduled for Thursday, April 4, 2013, at the SCAG Los Angeles Office. The 2013 Regional Conference and General Assembly will be held on May 2-3, 2013 at the JW Marriott Desert Springs Resort & Spa, 74855 Country Club Drive, Palm Desert, CA 92260. SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS 11 NATIONAL LEAGUE of CITIES 2013 Congressional City Conference Marriott Wardman Park Hotel Washington, DC March 9-13 STAND UP for the issues that matter to cities. As the 113th Congress gets underway, come to Washington, DC and join your fellow city leaders in calling on House and Senate members and the Administrotion to set aside partisan differences and break through the gridlock in order to find ways to support economic recovery and job creation efforts in our communities. Make your voice heard of NLC's annual legislotve conference, where you con share your hard-won insights with members of Congress, the White House, and federal agency representatives, as well as with your colleagues from across the country. KEY FEDERAL POLICY ISSUES TO BE ADDRESSED INCLUDE: • Federal budget deficit reduction plans • Federal job creation and economic development strategies • Federal tax code reform and municipal finance • Immigration reform • Water and transportation infrastructure investment • Public safety • Regulatory reform and streamlining NLC's Congressional City Conference offers city leaders from across the country a unique opportunity to gain valuable insights and influence actions in Washington thot will impact local communities. • Connect with Congress and the Administration to insure that America's cities and towns have a voice in the federal policy debote;_ • Hear the latest news from Washington "in the know" political players about the new Congress; • Access information obout how new federal laws and regulations will impact your city; and • Represent your community at this national forum dedicated to the federal policy priorities of cities and towns! ,71 jf PRELIMINARY SCHEDULE AND TRAVEL PLANNER The conference provides o wide range of educational, networking and strategy sessions that maximize the value of attending for city officials. This preliminary schedule provides a timed outline of major events held during the conference in order to help attendees make travel arrangements. Main Conference Events: Monday, March 11— Tuesday, March 12 (note times ore subject to change) Monday, March 11 7:30 a.m. — 9:00 a.m. 9:00 a.m. — 10:30 a.m. 10:45 a.m. — 12:15 p.m. 1:45 p.m. — 3:15 p.m. 3:30 p.m. — 4:30 p.m. 5:00 p.m. — 6:30 p.m. Tuesday, March 12 8:45 a.m. —10:15 a.m. 10:30 a.m. — Noon 12:15 p.m. — 1:30 p.m. 1:45 p.m. — 3:15 p.m. 3:30 p.m. — 4:45 p.m. 5:15 p.m. 6:30 p.m. 6:30 p.m. — 7:30 p.m. Celebrate Diversity Breakfast* Opening General Session Concurrent Workshops Concurrent Workshops General Session State League Caucuses and Receptions Constituency and Special Group Meetings/Events* Concurrent Workshops Concurrent Workshops Roundtable Networking lunch Concurrent Workshops Closing General Session State League Caucuses and Receptions The Capitol Steps Wednesday, March 13 All -Day -Delegates' Pre -scheduled Capitol Hill Visits PRECONFERENCE ACTIVITIES: Saturday, March 9 5:30 p.m. — 7:00 p.m. Sunday, March 10 8:30 o.m. — Noon 9:00 p.m. — 5:00 p.m. 1:30 p.m. — 4:00 p.m. 5:15 p.m. — 7:00 p.m. 5:30 p.m. — 6:45 p.m. Constituency and Special Group Meetings/Events* NLC Board of Directors Meeting NLC Advisory Council Meeting leadership Training Institute Seminars* Policy and Advococy Committee Meetings/Events* Constituency and Special Group Meetings Orientation to NLC for First Time Attendees * Additional fees may apply NATIONAL LEAGUE of CITIES FEDERAL RELATIONS COMMUNITY AND ECONOMIC DEVELOPMENT POLICY AND ADVOCACY COMMITTEE MEETING NLC CONGRESSIONAL CITIES CONFERENCE WASHINGTON, DC Meeting Marriott Wardman Park Washington Room 2 Sunday, March 10, 2013 1:00 p.m. — 4:00 p.m. Presiding The Honorable Tony Thomas Alderman City of Savannah, Georgia NLC Staff Michael Wallace Program Director for Community and Economic Development (202) 626-3025 wallace@nlc.org COMMUNITY AND ECONOMIC DEVELOPMENT POLICY AND ADVOCACY COMMITTEE MEETING AGENDA 1:00 p.m. WELCOME Welcome and Meeting Overview • Tony Thomas, Chair Alderman, Savannah, Georgia 1:15 p.m. NEW MEMBER RECOGNITION Overview of CED Committee and expectations for committee participation • Priscilla Tyson, Vice -Chair Council Member, Columbus, Ohio 1:30 p.m. CED Review of 2012 Review of 2012 CED policy and advocacy accomplishments • Neal Andrews, Past Chair Councilmember, Ventura, California 1:45 p.m. FEDERAL LEGISLATIVE UPDATE Federal legislative update and overview of NLC 2013 legislative agenda • MichaeI Wallace Program Director, Housing and Community Development, NLC Center for Federal Relations 2:00 p.m. PRESENTATION Let's Move • Sam Kass White House Assistant Chef and the Senior Policy Advisor for Healthy Food Initiatives NLC, with funding from the Robert Wood Johnson Foundation, is providing technical assistance to local elected officials creating healthier communities and preventing childhood obesity, including sites participating in First Lady Michelle Obama's Let's Move! initiative for cities, towns, and counties. 2:10 p.m. DISCUSSION Made In America Manufacturing Act • Jon Cardinal Director of Economic Development Office of U.S. Senator Kirsten E. Gillibrand (NY) 2:30 p.m. PRESENTATION AND DISCUSSION Legislative proposals for federal housing assistance programs and the consequences of inaction for local development • Jeff Falcuson Director of Policy and Program Development, National Association of Housing and Redevelopment Officials 2 COMMUNITY AND ECONOMIC DEVELOPMENT POLICY AND ADVOCACY COMMITTEE MEETING AGENDA 3:00 p.m. PRESENTATION AND DISCUSSION Tools for local leaders to capture and interpret local economic data • Christy McFarland Interim Director, Center for Research and Innovation Research & Innovation, NLC • Representatives, The Reinvestment Fund 3:30 p.m. 2013 CED WORK PLAN DISCUSSION The committee will discuss the proposed CED work plan and advocacy goals for 2013. 4:00 p.m. ADJOURNMENT 3 NLC POLICY DEVELOPMENT AND ADVOCACY PROCESS As a resource and advocate for more than 19,000 cities, villages and towns, the National League of Cities (NLC) brings municipal officials together to influence federal policy affecting local governments. NLC adopts positions on federal actions, programs and proposals that directly impact municipalities and formalizes those positions in the National Municipal Policy (NMP), which guides NLC's federal advocacy efforts. NLC divides its policy and advocacy efforts into seven subject areas: • Community and Economic Development • Energy, Environment and Natural Resources • Finance, Administration and Intergovernmental Relations • Human Development • Information Technology and Communications • Public Safety and Crime Prevention • Transportation Infrastructure and Services For each of the seven issue areas, a policy and advocacy committee and a steering committee develops and advocates in support of NLC's federal policy positions. Members of each committee serve for one calendar year. Policy and Advocacy Committees State municipal leagues appoint the members of the seven policy and advocacy committees, which meet twice each year. At the Congressional City Conference, NLC's legislative conference, committee members are called upon to advocate for NLC's legislative priorities on Capitol Hill, as well as help set the policy agenda for the year. At the Congress of Cities, committee members review and approve policy proposals and resolutions. These action items are then forwarded to NLC's Resolutions Committee and considered at the Annual Business Meeting, also held during the Congress of Cities. Steering Committees Representatives from NLC member cities apply for membership on the Steering Committees. The NLC President then makes appointments, taking into account state league endorsements. Generally, each steering committee meets four times per year. At the Congressional City Conference, the steering committee plans for the year, scheduling its spring and fall meetings. At those meetings, committee members hear guest presenters, discuss advocacy strategies and develop specific policy amendments and resolutions. At the Congress of Cities, the steering committee sets forth the action items that the policy and advocacy committee considers. Advocacy Throughout the year, committee members participate in advocacy efforts to influence the federal decision-making process, focusing on actions concerning local governments and communities. During the Congressional City Conference, committee members have an opportunity, and are encouraged, to meet with their congressional representatives on Capitol Hill. When NLC members are involved in the legislative process and share their expertise and experiences with Congress, all municipalities share a stronger national voice, affecting the outcomes of federal policy debates that impact cities and towns. 4 COMMUNITY AND ECONOMIC DEVELOPMENT POLICY AND ADVOCACY COMMITTEE 2013 WORK PLAN DEVELOPMENT Summary of Last Year's Activities Last year, the CED Committee focused on areas important for economic development and job retention/creation in cities and towns. The Committee found many areas of mutual interest with other NLC policy and advocacy committees. Over the course of the year, the CED steering committee met jointly with the Transportation and Infrastructure Services steering committee and the Finance and Intergovernmental Relations steering committee. As a result of this work the CED Committee developed or revisited five resolutions: Support for Green Affordable Housing and Financing; Support for Sustainable Development in Cities and Towns; Supporting Ports Maintenance and Modernization for Economic Development in Cities and Towns; Easing Legislative and Regulatory Impediments to Small Business Lending; and Supporting Permanent Authorization for the EB -5 Immigrant Investor Program. Potential Policy Priorities Issues of interest this year for the CED Policy Committee may include: • Municipal cooperation at the regional level to multiply the leveraging potential of local funds • Reforming federal housing finance policy • Federal policies and programs that impact commercial and economic development Potential Advocacy Issues For the last several years, the CED Committee has worked in concert with NLC's jobs -oriented legislative agenda by focusing on economic development. As an unintended consequence, the committee has not seriously considered federal housing policy in that period. However, the time could be right to refocus on housing as questions about the rising costs of federal housing assistance and the federal role in housing finance are likely to be answered by the end of President Obama's second term. The resolution of these questions will have significant impact on the practice of community development at the neighborhood level. 5 COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE (2013) Committee Chair: Tony Thomas, Council Chair, City of Savannah, Georgia Committee Vice Chairs: Ronald Garcia, Mayor, City of Brea, California Priscilla Tyson, Council Member, City of Columbus, Ohio Board Liaison: Dennis Kavanaugh, Councilmember, City of Mesa, Arizona Steering Committee Members: James D. Stewart, Jr., Council Member, City of Irondale, Alabama Gilbert Lopez, Vice Mayor, City of Coolidge, Arizona Christian Price, Mayor, City of Maricopa, Arizona Dave Richins, Council Member, City of Mesa, Arizona Bruce Moore, City Manager, City of Little Rock, Arkansas Frank Fogelman, Mayor, City of Marion, Arkansas Jackie Crabtree, Mayor, Pea Ridge, Arkansas Suzanne Chan, Councilmember, City of Fremont, California Jeff Comerchero, Mayor, City of Temecula, California Neal Andrews, Council Member, City of Ventura, California Alex Sammoury, Council Member at Large, City of Longmont, Colorado Heidi Williams, Mayor, City of Thornton, Colorado Thomas McCarthy, City Council President, City of Bridgeport, Connecticut Hayward Benson, Jr., Commissioner, City of Lauderhill, Florida Michael R. Blynn, Council Member, City of North Miami, Florida James E. McDonald, Council member, City of Pinecrest, Florida Mark Mathews, Mayor City, of Kennesaw, Georgia Vince Williams, Councilman, City of Union City, Georgia John Ostenburg, Mayor, Village of Park Forest, Illinois James Clendenin, Council Member, City of Wichita, Kansas Lavonta Williams, City Council Member, City of Wichita, Kansas Eugene Smith, Mayor, City of Arcadia, Louisiana Emmett Jordan, Mayor Pro Tem, City of Greenbelt, Maryland Charles Cephas, council member, Town of Hurlock, Maryland Donna Crary, Council Member, City of Laurel, Maryland Henry Marraffa, Gaithersburg City Council, City of Gaithersburg, Maryland Sandra Means, City Council Member, Ward Six City of Rochester, Minnesota Michael Wojcik, City Councilmember, City of Rochester, Minnesota Johnny DuPree, Mayor, City of Hattiesburg, Mississippi Frank Corder, City Councilman, City of Pascagoula, Mississippi John Sharp, Councilman City of Kansas City, Missouri Ricki Barlow, Councilman, City of Las Vegas, Nevada Donald Metzger, City Council, City of Lumberton, North Carolina Ron Bullock, City Commissioner, City of Oxford, North Carolina 6 COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE (2013) Patricia Britt, City Clerk, City of Cleveland, Ohio Carolyn Smith, Councilmember, Village of Lincoln Heights, Ohio John Warren, Council President, Oakwood Village, Ohio Craig Thurmond, Mayor, City of Broken Arrow, Oklahoma Ronald Skip Kelly, City Councilmember, City of Oklahoma City, Oklahoma Jim Fairchild, Councilor, City of Dallas, Oregon Marian Tasco, City Councilwoman, City of Philadelphia, Pennsylvania Boyd Jones, Mayor Pro -Tem, City of West Columbia, South Carolina Ann Davis, Athens City Council Member, City of Athens, Tennessee Ron Washington, Councilmember, City of Murfreesboro, Tennessee Fabian Bedne, Metro Council District 31, City of Nashville, Tennessee Erica Gilmore, Councilmember, City of Nashville, Tennessee Karen Johnson, Councilwoman, City of Nashville, Tennessee Lana Wolff, Council Member, District 5, City of Arlington, Texas Ronald Green, City Controller, City of Houston, Texas Al Garcia, Mayor Pro Tem, City of Kingsville, Texas Sixto "Tito" Rodriguez, City Council Place 1, City of North Richland Hills, Texas Patrick Rushing, Mayor, City of Airway Heights, Washington John Holman, Council Member, City of Auburn, Washington Sharon Brown, Mayor Pro Tem, City of Kennewick, Washington Policy and Advocacy Committee Members: Gary Hammon, Council Member, City of Decatur, Alabama Ben Reed, Council Member, City of Gadsden, Alabama Lee Garrison, Council Member, City of Tuscaloosa, Alabama Celia Barotz, Vice Mayor, City of Flagstaff, Arizona Craig Barnes, Councilmember, Town of Queen Creek, Arizona Ian Hugh, Councilmember, City of Glendale, Arizona Mark Wimpee, Sr., Councilmember, City of Kingman, Arizona Mike Zinkin, Councilmember, City of Oro Valley, Arizona Billy Helms, Mayor, City of Clarksville, Arkansas Jackie Crabtree, Mayor, City of Pea Ridge, Arkansas Suzanne Chan, Council Member, City of Fremont, California Edward Haberek, Jr., First Selectman, Town of Stonington, Connecticut Thomas McCarthy, Council President, City of Bridgeport, Connecticut Michael Rohde, Mayor, City of Meriden, Connecticut Doug Tuttle, Council Member, City of Newark, Delaware Hanifa Shabazz, Council Member, City of Wilmington, Delaware Don P. Welvaert, Mayor, City of Moline, Illinois Melinda Hult, Alderman, City of Bellville, Illinois Greg Goodnight, Mayor, City of Kokomo, Indiana Matthew Goodman, Council Member, City of Ames, Iowa Craig Block, Council Member, City of Ankeny, Iowa David Cartmell, Mayor, City of Maysville, Kentucky Elroy Brittingham, Sr., Vice -President, Town of Berlin, Maryland Charles T. Cephas, Council Member, Town of Hurlock, Maryland 7 COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE (2013) Johnie Higgs, Sr., Council Member, City of Seat Pleasant, Maryland Gerald Raynor, Council Member, City of Seat Pleasant, Maryland Tito Jackson, City Councilor, City of Boston, Massachusetts Patricia Lockwood, Council member, City of Fenton, Michigan Janice M. Winfrey, City Clerk, City of Detroit, Michigan Raenne Danielowski, Councilmember, City of Big Lake, Minnesota Rick Cannata, Mayor, City of Hibbing, Minnesota Amy Schmidt, Esq., Associate City Attorney, City of Bloomington, Minnesota Elizabeth Knight, Council Member, City of Brooklyn Park, Minnesota Tom Kuntz, Mayor, City of Owatonna, Minnesota John Gibeau, Mayor, City of Ceylon, Minnesota Traci Goble, Mayor, City of Georgetown, Minnesota Dave Roeser, Councilmember, City of Lino Lakes, Minnesota Terry Schneider, Mayor, City of Minnetonka, Minnesota Dean Hove, Council Member, City of Red Wing, Minnesota Debbie Goettel, Mayor, City of Richfield, Minnesota Sandra Means, Council Member, City of Rochester, Minnesota Jeff Weisensel, Councilmember, City of Rosemount, Minnesota Carolyn McAdams, Mayor, City of Greenwood, Mississippi Jim Pepper, Council Member, City of 0 Fallon, Missouri Gerri Schroder, Councilwoman, City of Henderson, Nevada Ken Sanchez, Councillor, City of Albuquerque, New Mexico Tom Swisstack, Mayor, City of Rio Rancho, New Mexico Mary Homan, Trustee, Town of Los Ranchos de Albuquerque, New Mexico Robert A. Massey, Jr., Council Member, City of Fayetteville, North Carolina Ron Bullock, City Commissioner, City of Oxford, North Carolina Juanita Doggett, Council Member, City of Marion, North Carolina Harold G. Troy, Sr., Council Member, City of Whiteville, North Carolina Tim Sack, Council Member, Town of Holly Springs, North Carolina Valerie Mack, Council Member, Town of Sedalia, North Carolina Marco S. Sommerville, Council President, City of Akron, Ohio Terrell H. Pruitt, Council Member, City of Cleveland, Ohio Judy Blankenship, Councilmember, City of Huber Heights, Ohio Ray Poland, Mayor, City of Jones, Oklahoma William McLaughlin, Council President, Borough of Chambersburg, Pennsylvania Edwin Pawlowski, Mayor, City of Allentown, Pennsylvania John Campbell, Treasurer, City of Harrisburg, Pennsylvania Boyd Jones, Mayor Pro Tem, City of West Columbia, South Carolina Ann S. Davis, Council Member, City of Athens, Tennessee W.L. Pate, Jr., Mayor Pro Tem, City of Beaumont, Texas Ann Margolin, Council Member, City of Dallas, Texas Pauline Medrano, Deputy Mayor Pro Tem, City of Dallas, Texas Sharon P. Scott, Council Member, City of Newport News, Virginia John Holman, Councilmember, City of Auburn, Washington Kate Sarosy, Council Member, City of Casper, Wyoming Eric Heiser, Council Member, City of Riverton, Wyoming 8 COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE (2013) Dave Kinskey, Mayor, City of Sheridan, Wyoming Susan Juschka, Council Member, Town of Glendo, Wyoming 9 NATIONAL LEAGUE of CITIES FEDERAL RELATIONS TRANSPORTATION INFRASTRUCTURE AND SERVICES POLICY AND ADVOCACY COMMITTEE MEETING CONGRESSIONAL CITY CONFERENCE WASHINGTON, D.C. Meeting Marriott Wardman Park Hotel Washington Room 6 Sunday, March 10, 2013 1:00 p.m. — 4:00 p.m. Presiding The Honorable Ron Roberts, Chair Mayor City of Temecula, California NLC Staff Leslie Wollack Program Director (202) 626-3029 wollack@n1c.org 1:00 p.m. — 2:00 p.m. TRANSPORTATION INFRASTRUCTURE AND SERVICES POLICY AND ADVOCACY COMMITTEE MEETING AGENDA JOINT MEETING: ENERGY, ENVIRONMENT AND NATURAL RESOURCES AND TRANSPORTATION INFRASTRUCTURE AND SERVICES POLICY COMMITTEES 1:00 p.m. WELCOME AND INTRODUCTIONS • Ron Roberts, Chair, TIS, Councilmember, Temecula, California • Matt Appelbaum, Chair, EENR, Mayor, Boulder, Colorado Introductions and overview of joint meeting. 1:05 p.m. LET'S MOVE! CITIES, TOWNS AND COUNTIES • Sam Kass White House Assistant Chef and the Senior Policy Advisor for Healthy Food Initiatives 1:15 p.m. NLC, with funding from the Robert Wood Johnson Foundation, is providing technical assistance to local elected officials creating healthier communities and preventing childhood obesity, including sites participating in First Lady Michelle Obama's Let's Move! initiative for cities, towns, and counties. JOINT DISCUSSION: ADVOCATING FOR LOCAL TRANSPORTATION PROGRAMS Speakers: • Jason Jordan Director, Center for Transportation Excellence, Washington, DC • . Scott Bogren Director of Communications, Community Transportation Association of America, Washington, DC Last year, Congress adopted a federal transportation program which shifted more funding and programmatic authority from local government programs to state departments of transportation. The TIS & EENR committees will meet together to hear from two experts on local transportation funding and programs on messages for transportation advocates at the federal, state and local levels. EENR will move to Washington Room 3. 2 TRANSPORTATION INFRASTRUCTURE AND SERVICES POLICY AND ADVOCACY COMMITTEE MEETING AGENDA 2:00 p.m. WELCOME AND MEETING OVERVIEW • Ron Roberts, Chair, Transportation and Infrastructure Services Committee Councilmember, Temecula, California Introductions and explanation of expected meeting outcomes including an update on NLC's 2013 Legislative Priorities. 2:15 p.m. FEDERAL RAILROAD ISSUES • Joseph Szabo Administrator, Federal Railroad Administration, U.S. Department of Transportation 2:45 p.m. — 3:15 p.m. IMPLEMENTING MAP -21 • Transportation for America Transportation for America will lead a discussion on the impact of MAP -21 on local communities and how to take advantage of new programs in the surface transportation law enacted by Congress last year. 3:15 p.m. OPEN DISCUSSION • Reaction to presentations • Priorities for 2013 4:00 p.m ADJOURN 3 NLC POLICY DEVELOPMENT AND ADVOCACY PROCESS As a resource and advocate for more than 19,000 cities, villages and towns, the National League of Cities (NLC) brings municipal officials together to influence federal policy affecting local governments. NLC adopts positions on federal actions, programs and proposals that directly impact municipalities and formalizes those positions in the National Municipal Policy (NMP), which guides NLC's federal advocacy efforts. NLC divides its policy and advocacy efforts into seven subject areas: • Community and Economic Development • Energy, Environment and Natural Resources • Finance, Administration and Intergovernmental Relations • Human Development • Information Technology and Communications • Public Safety and Crime Prevention • Transportation Infrastructure and Services For each of the seven issue areas, a policy and advocacy committee and a steering committee develops and advocates in support of NLC's federal policy positions. Members of each committee serve for one calendar year. Policy and Advocacy Committees State municipal leagues appoint the members of the seven policy and advocacy committees, which meet twice each year. At the Congressional City Conference, NLC's legislative conference, committee members are called upon to advocate for NLC's legislative priorities on Capitol Hill, as well as help set the policy agenda for the year. At the Congress of Cities, committee members review and approve policy proposals and resolutions. These action items are then forwarded to NLC's Resolutions Committee and considered at the Annual Business Meeting, also held during the Congress of Cities. Steering Committees Representatives from NLC member cities apply for membership on the Steering Committees. The NLC President then makes appointments, taking into account state league endorsements. Generally, each steering committee meets four times per year. At the Congressional City Conference, the steering committee plans for the year, scheduling its spring and fall meetings. At those meetings, committee members hear guest presenters, discuss advocacy strategies and develop specific policy amendments and resolutions. At the Congress of Cities, the steering committee sets forth the action items that the policy and advocacy committee considers. Advocacy Throughout the year, committee members participate in advocacy efforts to influence the federal decision- making process, focusing on actions concerning local governments and communities. During the Congressional City Conference, committee members have an opportunity, and are encouraged, to meet with their congressional representatives on Capitol Hill. When NLC members are involved in the legislative process and share their expertise and experiences with Congress, all municipalities share a stronger national voice, affecting the outcomes of federal policy debates that impact cities and towns. 4 TRANSPORTATION INFRASTRUCTURE AND SERVICES (TIS) POLICY AND ADVOCACY COMMITTEE 2013 WORK PLAN DEVELOPMENT Discussion at the TIS Policy and Advocacy Committee meeting is intended to guide development of a 2013 Committee work plan. The TIS Steering Committee will expand upon the work of the Committee to study these issues and develop policy recommendations to be presented to the full membership. Based on last year's work and Legislative projections for the year ahead, here are suggestions for discussion by the Committee for 2013. This memo should be used to jump-start the deliberations of the committee. As a committee member, you will have the opportunity to comment on these issues and you are also encouraged to bring any additional policy topics to the floor that you would like the committee to consider this year. Summary of Last Year's Activities In 2012, the Committee continued its focus on federal surface transportation authorization, transportation finance issues, regional collaboration, transportation innovation, rail and freight issues and regulatory streamlining. The Steering Committee held two meetings last year, one held jointly with the Community and Economic Development Committee to discuss economic development and the role that transportation plays. The second meeting was a policy summit with all seven steering committees. The meetings were the next step in the effort to find more opportunities for interaction and sharing of ideas and discuss topics crossing committee jurisdictional lines. Presentations last year included a discussion with the Institute for Transportation Engineers President Tom Brahms on local transportation challenges, the search for more federal transportation revenues including the proposed mileage based fees, and US Department of Transportation efforts to streamline transportation projects. Much time also was devoted to federal surface transportation authorization and the lengthy debate that resulted in Congress enacting MAP -21 last summer. At the annual meeting, the Committee updated the TIS resolution on authorization of federal transportation programs to begin the process of preparing for a new transportation authorization discussion. MAP -21 will expire next year and the Committee will soon begin the discussion on a new bill. Potential Policy Priorities Potential issues to be studied this year include: • Transportation authorization and policy changes important to local governments • Advocacy for local transportation programs • Reauthorization of federal airport programs • Reauthorization of Amtrak legislation • Best practices in transportation collaboration and coordination • Railroad issues — freight, passenger and high speed rail • Ports and national freight policy • Options for federal transportation finance including public private partnerships and mileage based fees 5 TRANSPORTATION INFRASTRUCTURE AND SERVICES (2013) Committee Chair: Ron Roberts, Mayor, City of Temecula, California Committee Vice Chairs: Patsy Kinsey, Council Member, City of Charlotte, North Carolina Mary McComber, Councilmember, City of Oak Park Heights, Minnesota Board Liaison: Tennell Atkins, Deputy Mayor Pro Tem, City of Dallas, Texas Steering Committee Members: Wally Campbell, City Council Member, City of Goodyear, Arizona Shana Ellis, Councilmember, City of Tempe, Arizona Alex Finter, Councilmember, City of Mesa, Arizona Tab Townsell, Mayor, City of Conway, Arkansas Joe Buscaino, Councilmember, City of Los Angeles, California Pam O'Connor, Councilmember, City of Santa Monica, California Sam Pedroza, Councilmember, City of Claremont, California David Sander, Councilman, City of Rancho Cordova, California Jack Ethredge, City Manager, City of Thornton, Colorado Marsha Berzins, Council Member, City of Aurora, Colorado Mack Goodman, Councilmember, City of Thornton, Colorado Denny McCloskey, Council Member, City of Broomfield, Colorado Tom Quinn City Councilor City of Lakewood Colorado Richard Kaplan, Mayor, City of Lauderhill, Florida Shelby Lowe, City Councilman, City of Riviera Beach, Florida Al Larson Schaumburg, Village President, Village of Schaumburg, Illinois William McLeod, Village President, Village of Hoffman Estates, Illinois John Noak, Mayor, Village of Romeoville, Illinois Daniel Johnson, Councilman, Louisville/Jefferson County Metro Government, Kentucky Konrad Herling, Council Member, City of Greenbelt, Maryland Michael Leszcz, Councilperson, City of Laurel, Maryland William Droste, Mayor, City of Rosemount, Minnesota James Crain, Alderman, City of Grandview, Missouri Dick Davis, Councilman, City of Kansas City, Missouri Gregory Smith, City Councillor, District 2, City of Las Cruces, New Mexico Dottie Nash, Council Member, City of Monroe, North Carolina Laura Padgett, City Council Member, City of Wilmington, North Carolina Merlin Perry, City Councilman, City of Lenoir, North Carolina Bruce Duke, Councilmember, City of Kettering, Ohio Lou Ogden, Mayor, City of Tualatin, Oregon 6 Jacobia Dowell, Councilmember, City of Nashville, Tennessee William Pleasant, Alderman, City of Bartlett, Tennessee Stuart Gillaspie, Mayor Pro Tem, City of Burleson, Texas Sheffield Kadane, City CounciImember, City of Dallas, Texas Bill McLendon, Council Member, Place 5, City of Hurst, Texas William Spelman, Council Member, City of Austin, Texas Oscar Trevino, Mayor, City of North Richland Hills, Texas Kathryn Wilemon, Mayor Pro Tempore, Council District 4, City of Arlington, Texas Nancy McLaughlin, Councilwoman, City of Spokane, Washington Thomas Odell, Mayor, City of Sammamish, Washington Andy Ryder, Councilmember, City of Lacey, Washington Allan Van Ness, Council Member, City of Kenmore, Washington Robert Bauman, Alderman, City of Milwaukee, Wisconsin Policy and Advocacy Committee Members: Carole C. Smitherman, Council President, City of Birmingham, Alabama John L. Lake, Council President, City of Daphne, Alabama David H. Bradford, Mayor, City of Muscle Shoals, Alabama Billy Blackwell, Mayor, City of Ozark, Alabama Lewis E. Washington, Council Member, City of Wetumpka, Alabama Wally Campbell, Council Member, City of Goodyear, Arizona Lana Mook, Mayor, City of El Mirage, Arizona Gary Sherwood, Councilmember, City of Glendale, Arizona Sharon Wolcott, Mayor, City of Surprise, Arizona T. C. Pickett, Alderman, City of Dumas, Arkansas Rose Marie Wilkinson, Alderman, City of Haskell, Arkansas Harold Perrin, Mayor, City of Jonesboro, Arkansas Jack May, Mayor, City of McGehee, Arkansas Christopher Moylan, Council Member, City of Sunnyvale, California Katie Witt, Council Member, City of Longmont, Colorado Troy Samuels, Commissioner, Miramar, Florida Elaine Clegg, Council Member, City of Boise City, Idaho Rodney Craig, Village President, Village of Hanover Park, Illinois Joanne Sanders, Council Member, City of Indianapolis, Indiana Dean Mayne, Alderman, City of Bettendorf, Iowa Christine Hensley, Council Member, City of Des Moines, Iowa Robert D. Andeweg, Mayor, City of Urbandale, Iowa Ron Pogge, Council Member, City of Urbandale, Iowa Ian Pfeiffer, Alderman, City of Annapolis, Maryland James L. Walls, Jr., Mayor, City of District Heights, Maryland Cathy C. Drzyzgula, Council Member, City of Gaithersburg, Maryland Ryan Spiegel, Council Member, City of Gaithersburg, Maryland Jeff Jenks, Commissioner, City of Huntington Woods, Michigan Mike Laven, Council President, City of Mankato, Minnesota Mark Vahlsing, Administrator, City of Moose Lake, Minnesota Gerald Cook, President Pro Tem, City of Red Wing, Minnesota Billy Droste, Mayor, City of Rosemount, Minnesota Lewis Johnson, Councilman, City of Grenada, Mississippi James W. Hawks, City Manager, City of North Platte, Nebraska Curt Chaffin, Councilman, City of Fernley, Nevada Rey Garduno, Councillor, City of Albuquerque, New Mexico Joseph Calderon, Commissioner, City of Hobbs, New Mexico Ronnie Wall, Mayor, City of Burlington, North Carolina Curt Walton, City Manager, City of Charlotte, North Carolina Robert Jones, Councilman, City of Lumberton, North Carolina Liz Johnson, Commissioner, Town of Morrisville, North Carolina Jerry N. Hruby, Mayor, City of Brecksville, Ohio Don Schonhardt, Mayor, City of Hilliard, Ohio Mel Clemens, Council Member, City of ReynoIdsburg, Ohio Dennis Clough, Mayor, City of Westlake, Ohio Charles P Sammarone, Council President, City of Youngstown, Ohio Sally Moncrieff, Councilor, City of Lake Oswego, Oregon George E. Hood, Mayor, Borough of Indiana, Pennsylvania Elizabeth A. Goreham, Mayor, Borough of State College, Pennsylvania Charles A. Christy, Council Member, Borough of West Chester, Pennsylvania Richard P. Vilello, Jr., Mayor, City of Lock Haven, Pennsylvania Linda Koop, Council Member, City of Dallas, Texas Vonciel Jones Hill, Council Member, City of Dallas, Texas Wayne Osborne, Councilmember, City of Auburn, Washington Jeanne Burbidge, Council Member, City of Federal Way, Washington Sally Bagshaw, Council Member, City of Seattle, Washington Tom Murphy, Mayor, City of Gillette, Wyoming LGC: Events: 2013 Ahwahnee Conference toot Government Commission JOIN THE LCC Page 1 of 2 ABOUT LGC ISSUES WHAT WE DO EVENTS RESOURCES Events 2013 Ahwahnee Conference BUILDING LIVABLE COMMUNITIES New Strategies for a New Age The 22nd Annual Ahwahnee Conference for Local Elected Officials Dates: March 15-17, 2013, Yosemite National Park (A pre -conference session will be held the evening of March 14th) Conference Details I Agenda Draft Conference Agenda - 1/15/13 Thursday March 14 — Tudor Lounge, Ahwahnee Hotel 7:30 pm Pre -Conference Session: Local Governments Prepare for Climate Change • Michael McCormick, Governor's Office of Planning and Research; • Bruce Riordan, Executive Director Bay Area Climate Solutions: • Brendan Reed, Environmental Resource Manager, City of Chula Vista 9:30 pm Adjourn for the evening Friday, March 15 — Tudor Lounge, Ahwahnee Hotel 7:15 pm Conference Welcome 7:25 pm Participant Introductions 8:20 pm Funding a Sustainable Future for California • Assemblymember John Perez, Speaker of the Assembly (invited) 9:30 pm Adjourn for the evening Saturday, March 16 — Cliff/Falls Room, Yosemite Lodge 8:00 am Continental Breakfast 8:45 am Participant Introdcutions (Continued) 9:15 am How San Jose Is Using Partnerships to Implement the Ahwahnee Principles • Kim Walesh, Director of Economic Development, City of San Jose • Councilmember Sam Liccardo, City of San Jose • Connie Martinez, Director, 1stAct Silicon Valley 10:45 am Break Events Upcoming Events Past Events http://www.lgc.org/events/ahwahnee/2013_agenda.html 1/17/2013 LGC: Events: 2013 Ahwahnee Conference 11:00 am Partnering To Meet Our 21st Century Energy Goals • Moderator. TBD • Cisco DeVries, Director of CalifomiaFIRST • Howard Choy, General Manager, Los Angeles County Office of Sustainability • Kerrie Romanow, Director of Environmental Services for the City of San Jose 12:15 pm Boxed Lunch and Hiking Break 4:45 pm Low Cost Strategies for Creating Livable Places • Ilaria Salvadori, City Design Group, San Francisco Planning Department (invited) • Ken Kay, KenKay Associates 5:30 pm Reception 6:00 pm Dinner 7:00 pm Accommodating the New Economy In your Cities and Towns • Michael Freedman, Principal FTB Urban Planners • Marc Roberts, City Manager, City of Livermore • Phil Pennino, former Mayor of Lodi • Anu Natarajan, Vice Mayor, City of Fremont 9:30 pm Adjourn for the evening Sunday, March 17 — Tudor Lounge, Ahwahnee Hotel 8:30 am Continental Breakfast 9:15 am New Concepts in Public Private Partnerships • Cleveland Justis, The Poterro Group and UC Davis Graduate School of Management 9:45 am New Tools for Funding the New Economy • Commissioner Mark Ferron, Public Utilities Commission (invited) • Glenda Humiston, CA Director, US Department of Agriculture 11:00 am Conference Wrap Up Page 2 of 2 `1:1'•111 amen http://www.lgc.org/events/ahwahnee/2013_agenda.html 1/17/2013 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: Greg Butler, Director of Public Works/City Engineer DATE: April 23, 2013 SUBJECT: Public Works Department Monthly Reports RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month March and April 2013. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report March / April 2013 Prepared by: Amer Attar Submitted by: Greg Butler Date: 4/23/2013 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. All mainline utilities were established by the end of May 2012. Landscaping maintenance is ongoing. Old Town Civic Center This project constructed the Old Town Civic Center. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are complete. Closure of the project is being delayed by business concerns of the general contractor. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Low bidder: Granite Construction. Construction began Monday, April 8 - construction area sign placement, BMPs, etc. Bridge closure scheduled for Monday, April 15. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This portion of the project is complete. The mitigation/monitoring portion of the project, which involves removal of invasive plant species from the creek channel, and a subsequent two-year monitoring period, began on September 17th, 2012. Monitoring is ongoing. French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase I Project includes widening of southbound 1-15 from Warm Springs Creek to the Winchester Road off - ramp, widening of the Winchester Road off -ramp, construction of the new southbound off -ramp at French Valley Parkway, and construction of the westbound portion of French Valley Parkway from the off -ramp to Jefferson Avenue. Project is under construction JUN2012 - DEC2013. See project web page for construction updates: http://www. cityofte mecu Ia. o rg/Temecula/Govern ment/Publ icWo rks/French Va I ley. htm. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project installed landscape and irrigation improvements on a 0.26 acre Habitat Creation Area and maintaining it for five years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 01/20/2011. The project is now in the 5 -year maintenance/monitoring program. 1 Pavement Rehabilitation Program - Ynez Road This project will rehabilitate Ynez Road from Winchester Road to Solana Way. Project was awarded to All American Asphalt at the 06/26/12 City Council Meeting. Contractor has rehabilitated the intersections. The remaining work will be completed in the spring of 2013. French Valley Parkway Environmental Mitigation This project will implement the riparian mitigation requirement of the HM MP that was developed for the French Valley Parkway Interchange project. Work involves creation of a 2.73 acre riparian site through planting native plant species and removing non-native & invasive plant species. Construction started on October 2, 2012 and was completed November 5, 2012. This site will be monitored and maintained for 5 years. Roripaugh Ranch Street Improvements Phase II Contract awarded on 12/11/12. First day of work was 01/14/2013. Mass grading and storm drain installation is ongoing. Theater Energy Efficient Lighting Including Technology and Equipment Upgrade The Notice to Proceed was issued for the procurement of the equipment on 01/02/2013. The vendor provided most of the purchased equipment and in the process of providing the remaining items. Pavement Rehabilitation Program - Rancho Vista Road This project will rehabilitate Rancho Vista Road form Margarita Road to Paseo Goleta. Project was awarded at the 04/09/2013 City Council Meeting. 2 PROJECTS BEING ADVERTISED FOR BIDS Citywide Slurry Seal Fiscal Year 2012-13 This annual maintenance project will slurry various street throughout the City. At the 02/26/2013 meeting, the City Council approved the plans and specifications and authorized staff to advertise the project for construction bids. Project is being advertised for bids. Bid opening is scheduled for 05/07/2013. 3 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of a mitigation site for the Wolf Valley Creek Channel Improvements - Stage I. City has hired a consultant to map the new proposed area and forwarded the conceptual mitigation approach to the environmental agencies for approval. Consultants have developed a HM MP. At the 02/12/2013 meeting, the City Council approved the plans and specifications and authorized the Department of Public Works to advertise for construction bids for the 3.4 acres of riparian habitat. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The DBESP, IS/MND and JPR reports second drafts of reports were submitted to the Riverside Conservation Authority (RCA) the first week of March. The DBESP and the JPR have just been approved by RCA. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. Consultant is finalizing the design plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/2009. The consultant is working on 90% plans, specifications and estimate. 1-15 / SR -79S Ultimate Interchange Target 95% PS&E (6th) submittal in May 2013. Pavement Rehabilitation Program These rehabilitation projects will rehabilitate portions of Winchester and Rancho California Roads. Caltrans has approved the plans and will issue the encroachment permits shortly. Consultant is preparing mylars for Rancho California and Winchester Roads. Rancho California will be scheduled for bid opening in mid May. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II Target 60% PS&E submittal in April 2013. 4 Inclusive Play Structure This project will install play structure for youth and special needs kids upon completion. The Park and Recreation Subcommittee chose Margarita Park as the site of the improvements based on the conceptual plan. An RFP will be prepared seeking design/build services. Tennis Court Lighting - Great Oak High School This project will Install lights around the tennis courts at Great Oaks High School. RBF was hired to provide the construction plans and specifications for the lighting installation. At the 02/12/2013 meeting, the City Council approved the plans and specifications and authorized the Department of Public Works to advertise for construction bids. Work will be done in the summer when school is out. Old Town Temecula Community Theater Remediation Full design contract (full working drawings) approved by the City Council on 11/13/2012. Currently in plan check. Request to bid scheduled for 4/23/13 Council meeting. Temecula Community Center Renovation The City Council approved a design agreement with Williams Architects at the 05/08/2012 meeting. Plan check corrections were submitted on March 5, 2013. Approval to bid scheduled for the 4/23/13 City Council Meeting. PAVEMENT REHABILITATION PROGRAM - CITYWIDE, FY 2012/2013 This project will rehabilitate portions of Margarita Road, Ynez Road, Temecula Parkway, Overland Drive and Old Town Front Street. Consultant is preparing plans for a 50% plan check submittal in mid April 2013. Old Town Front Street Storm Drain This project involves replacement of the cross gutter in Old Town Front Street, approx. 800' north of Temecula Parkway. Consultant has determined that tying into the existing storm drain system to the south is a potentially viable alternative; under staff review. 5 DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE DIVISION FISCAL YEAR 2012 - 2013 Date Submitted: April 8, 2013 Submitted By: Greg Butler Prepared By: Rodney Tidwell 3RD QUARTER Jan -13 1 Feb -13 I Mar -13 L FISCAL YEAR TO DATE SCOPE OF WORK Unk Cost WORK COMPLETED• COST WORK COMPLETED COST WORK COMPLETED COST WORK COMPLETED COST TOTAL COST FOR LAST FISCAL YEAR ASPHALT CONCRETE Square Footage: S2.97 4,772 $ 14,172.84 6.798 $ 20,190.06 4,816 $ 14,303.52 37,447 $ 111,217.59 $ 132,767.91 Tons: 125 96 140 870 PORTLAND CEMENT CONCRETE Square Footage: $2.97 0 $ - 0 $ - 0 ( $ - 0 $ - $ - PCC Yards: $ - 0 $ - $ - 0 $ - $ - STRIPING & PAVEMENT MARKINGS: i Curb & Lines (linear feet): 50.07 4,147 $ 290.29 2,600 $ 182.00 80 I $ 5.60 6 $ 7,454.65 $ 798.56 Painted Legends (each): 58.00 378 $ 3.024.00 579 $ 4,632.00 537 i $ 4,296.00 2,640 $ 21,120.00 $ 35,504.00 Median Noses (each): 0 0 $ - 0 $ 424.97 * Raised Pavement Markers (each): 5 0 $ - 6 $ - Thermo Plastic Legends (each): 48 0 $ - 29 $ - SIGNS & BANNERS • No. of Signs REPLACED: $26.39 23 $ 606.97 82 $ 2,163.98 67 $ 1,768.13 438 $ 11,558.82 $ 2,269.01 Material (cost per sign): $50.00' $ 1,150.00 $ 4,100.00 $ 3,350.00 $ 21,900.00 $ 42,950.00 No. of Signs INSTALLED: $26.39 1 $ 26.39 0 $ - 4 $ 105.56 159 $ 4.196.01 $ 10,150.00 Material (cost per sign): $50.00 $ 50.00 $ - $ 200.00 $ 7,950.00 $ 5,357.17 No. of Signs REPAIRED: $26.39 121 $ 3,193.19 77 $ 2,032.03 43 1 $ 1,134.77 795 $ 20,980.05 $ 39,500.00 Material (cost per sign): $50.00 $ 6,050.00 $ 3,850.00 i $ 2,150.00 $ 39,750.00 $ 29,398.46 i No. of BANNERS installed: $26.39 136 $ 3,589.04 68 $ 1,794.52 77 i $ 2,032.03 650 $ 17,153.50 ' GRAFFITI REMOVAL No. of Locations: 118 129 187 875 Square Footage: 3,467 4,632 2,322 i 34,219 DRAINAGE FACILITIES CLEANED Catch Basins: $26.39 172 $ 4,539.08 152 $ 4,011.28 110 $ 2,902.90 1,315 $ 34,702.85 $ 63,995.77 Down Drains: 526.39 0 $ - 0 $ - 0 $ - 0 $ Under sidewalk Drains 526.39 4 $ 105.56 0 $ - 0 $ - 398 $ 10,503.22 ' Detention Basins: 526.39 10 $ 263.90 12 $ 316.68 16 $ 422.24 90 $ 2,375.10 • i TREES TRIMMED No. of Trees Trimmed: 526.39 165 $ 4,354.35 18 $ 475.02 24 $ 633.36 751 $ 19,818.89 $ 32,222.19 R.O.W. WEED ABATEMENT Area Abated (square feet): $0.034 0 $ - 125 $ 4.25 6,250 $ 212.50 65,584 $ 2,229.86 $ 3,621,14 The Street Maintenance DMlslon also responds to service requests for a variety of other reasons, the total number of Service Order Requests, some of which Include work reported above Is reported monthly. SERVICE ORDER REQUESTS i No of SOR•s: , 49 { 317 Personnel assigned to the Street Maintenance Division are on-call and respond to after hours emergencies or support City sponsored special events Overtime Hours: $39.59 $ - $ - $ 622 $ 24,605.19 $ 50,358.48 TOTALS $ 41,415.61 $ 43,751.82 r $ 33,516.61 $ 357,940.69 $ 448,892.69 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of April, 2013 DATE STREL'F/CIIANNEL/BRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK SIZE CONTRACTOR: WEST COAST ARBORISTS, INC. Date: 02.15.13 # 864-86 CITYWIDE ANNUAL TRI:I. I RIMMING TOTAL. COST $12,814.00 Date: 02.28.13 # 86604 CITYWIDE ANNUAL TRFE TRININIING TOTAL COST $ 14,975.00 Date: TOTAL COST Date: TOTAL COST CONTRACTOR: RYAN MONTELEONE EXCAVATION, INC. Date: 03.20.13 # 155 LIEFER ROAD REPAIR/RE-GRADE ROADS FROM DAMAGE CAUSED FROM RECENT STORMS TOTAL COST $ 1,640.00 Date: 03.26.13 #156 VALLEJO CHANNEL REMOVE ALL SILT, SAND AND DEBRIS FROM RECENT STORMS TOTAL COST $ 10,500.00 CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 03.12.13 # 04-13 CITYWIDE POST EMERGENT SPRAYING ALONG CITY R.O.W. / TRASH PICK UP FOR ROD RUN TOTAL COST $ 2,450.00 Date: TOTAL. COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 $ 10,500.00 $ 30,239.00 $ 1,640.00 DEPARTMENT OF PUBLIC WORKS CONTRACTED MAINTENANCE WORK COMPLETED FISCAL YEAR 2012-2013 Date Submitted: April 8, 2013 Submitted By: Greg Butler Prepared By: Rodney Tidwell SCOPE OF WORK ASPHALT CONCRETE Square Footage Cost JANUARY 0 $ - FEBRUARY 0 MARCH 0 APRIL MAY JUNE Year to Date 0 $ - PORTLAND CEMENT CONCRETE Square Footage__________ 0 Cost _0 ____._.___�_____0 $ - _____.___.____._.-0__—______________________..______ —�_- _.________ $ - DRAINAGE FACILITIES Channels (each) 0 00 0 Cost $ - $ - STRIPING AND PAVEMENT MARKINGS Striping (linear feet) 0 0______—_ �__—_________ _ 0 Sandblasting (linear feet) Legends (each) 0 0 0__ _ — 0__ 0 0 Cost _ $ - ---0 -- —M_ __-- – – — -- — $ - TREES Trees Trimmed 0_ 0 Trees Removed 0 ______________________4______ _________________ ____._._.____ _ __ ___.—___ Cost $ - $ 1,017.00 _________________ $ 5,411.00 WEED ABATEMENT ROW Area Abated (Square Feet) --------------------- --__–_________ 0------------ Other Public Lands Abated (Square Feet) ---- ____– __ ---- ------ _ _ _ _ -------------------------------------•---- – __ ___ _____________ 5 Cost _ $ 9,275.00 __ $ 8,500.00 $ 2,466.58 $ 41,841.58 MISC. MAINT ACTIVITES Cost $ - $ 10,500.00 $ 14,748.00 TOTAL CONTRACTED MAINT COSTS $ 9,275.00 $ 9,517.00 $ 12,966.58 $ - $ - $ - $ 62,000.58 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS STREET MAINTENANCE DIVISION GRAFFITI REMOVAL FISCAL YEAR 2012-2013 Month Number of Calls Square Footage Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 72 82 57 60 66 104 118 129 187 3,947 3,260 2,369 2,803 7,861 3,558 3,467 4,632 2,322 Totals 875 34,219 20,000 18,000 — 16,000 14,000 v 12,000 a LL E' 10,000 ca N 8,000 6,000 4,000 2,000 0 ii - Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun ■ Square r Number Footage of Calls 200 180 160 140 120 0 80 z 60 40 20 0 REQUESTS TO SPEAK City Council Meeting 04/23/13 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 C: .Z 3 3 I wish to speak on Agenda Item No. Subject J<< ���R�� ‘-HQ() For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: 5 s l lk t rN Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: (�ivfps,IJc 6DuNit 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. LI/2,V) fic I wish to speak on Agenda Item No. Subject For nAgainst 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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All information provided is optional. / l j Name:}` , /J/Q 43A' e= Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: DOCUMENTS SUBMITTED FOR THE RECORD • Niegitetwece Abortion Death _64 c • 1/-23-45 HoIIy Paterson, Medical Teen died after RU-486 abortion at Planned Parenthood Holly Patterson, age 18, died September 17, 2003, from sepsis caused by a fetus incompletely expelled in a safe and legal medical abortion. Holly got the drugs for the fatal abortion at a Planned Parenthood in Hayward, California, on September 10. Rather than follow the recommended protocols for chemical abortions, Planned Parenthood followed the more popular American approach of giving Holly the mifepristone at the facility, then giving her misoprostol to self-administer at home. Holly had experienced severe cramping and pain, and went to the emergency room. She was examined, given pain medication, and discharged. At her boyfriends insistence, she returned to the emergency room on September 17, but by then her condition had deteriorated and efforts to save her were futile. Monty Patterson, Holly's father, told the San Francisco Chronicle, "The medical community treats this as a simple pill you take, as if you're getting rid of a headache. The procedure, the follow-ups, it's all too lackadaisical. The girl gets a pill. Then she's sent home to do the rest on her own. There are just too many things that can go wrong." For an extensive, in-depth look at Holly's death and the surrounding political firestorm, see: The Making of a Martyr, Holly Patterson's death. Three other women were identified as having died of infection deaths after RU-486 deaths in the Los Angeles area: Chanelle Bryant, Oriane Shevin, and Vivian Tran. Chanelle got her abortion drugs at a Planned Parenthood, and Oriane and Vivian got theirs from National Abortion Federation members. For an extensive set of links on RU-486, go to: The RU-486 Files. 1 An Open Letter From the Parents of HoIIy Patterson - Death by RU-486 Holly Patterson's father lost his daughter and continues his fight for "Holly's Law." November 6, 2003 Dear Sir or Madam: The Alameda County Coroner's report has validated what we already believed to be true. Holly has died from an RU-486 chemical induced abortion. There are no quick fixes for a pregnancy or magical pills that will make it go away. Our family, friends and community are all deeply saddened and forever marred by Holly's tragic and preventable death. Holly lived as an adult by law for only 19 days, yet she became pregnant when she was just 17 years old. We now know that she learned about her pregnancy in the second week of August and was so distraught over her unplanned pregnancy that she sought help for depression from her family doctor on September 10, 2003 - the very day that she began the drug induced abortion process. Holly was a strong, healthy, intelligent and ambitious teenager who fell victim of a process that wholly failed her, beginning with the 24 -year-old man who had unprotected sex with her, impregnated her, and then proceeded to facilitate the secrecy that surrounded her pregnancy and abortion. Under this conspiracy of silence, Holly suffered and depended on the safety of the FDA approved pill administered by Planned Parenthood and emergency room treatment by Valley Care Medical Center where she received pain killers for severe cramping and was sent home. On Saturday and Sunday, Holly cried and complained of severe cramping and constipation, and even allowed us to comfort her but could not tell u5 what she was really going through. On September 17, 2003, she succumbed to septic shock and died while many members of our family waited anxiously, yet expectantly in the Critical Care Unit for her to recover until we were forced behind the curtain when it was clear that she was dying. And in those last moments of her life feeling utter disbelief and desperation we formed a circle just beyond the curtain and prayed aloud, cried and screamed, "We love you, Holly" hoping beyond hope that those words would ring out and save her life. And the other members of our family who drove and flew from all over the country to be by her side did not make it in time to say, "I love you" just one last time. Holly was not alone, unloved, unprotected or unsupported; she had a large family who willingly supported her throughout her short life and tragic death. In the weeks since we buried Holly's body we are now able to recall and share the memories of our daughter's brilliant blue eyes, engaging smile, laughter, unwavering determination and sheer gentle beauty that invoked our natural instinct to protect and love her, but we will never be able to forget those last moments of her life when she was too weak to talk and could barely squeeze our hands in acknowledgement of our words of encouragement. "We love you, Holly", "Just hang in there, the whole family is coming," "You fight this Holly, you can do it." Because Holly has died this way, we have educated ourselves about the grave dangers of this drug, become conscious of the current lack of parental notification/consent laws in California and now recognize the critical need 1 • An Open Letter From the Parents of HoIIy Patterson - Death by RU-486 Bereaved family and friends at Holly Patterson's funeral, for accurate, impartial sources of information and resources for parents, teenagers and young women who want to learn about the real dangers and risks of unplanned pregnancy and abortion and the dire need for a national movement to encourage prevention and open dialogue in the home about unplanned pregnancy and abortion. We will actively support "Holly's Law" in Congress by Reps. DeMint, Bartlett and Senator Brownback to suspend and review the abortion drug RU-486, the Tell - A -Parent (TAP) bill, which requires parental notification laws in California and a campaign to encourage prevention and open dialogue about unplanned pregnancy and abortion in the home. As parents, we cannot allow our beautiful Holly's horrible death to be in vain. RU-486 has caused serious injury and has been implicated in the deaths of other young women. Now it has killed our daughter. We have learned that the initial trials were rushed and the drug was lumped in and approved with drugs designed for life threatening illnesses such as cancer and AIDS. Pregnancy is a natural process that a woman's body is designed to support and has never been classified as a life threatening illness. We need help to develop a website and provide a place for teenagers and women to report their stories and testimonials of their experience on the serious and adverse affects using RU-486. The FDA has failed to carry out its mission of ensuring RU-486 is a safe and effective abortion drug regimen. According to the FDA, it is "responsible for protecting the public health by assuring the safety, efficacy, and security of human and veterinary drugs, biological products, medical devices, our nation's food supply, cosmetics, and products that emit radiation." HoIIy has already paid the ultimate price. The RU-486 abortion drug should not be either a Pro Life or Pro Choice issue. The most primary concern here must be the health and welfare of our children and young women. Hopefully, all parents can learn from Holly's horrible death and our loss. According to Danco Laboratories, the abortion drug's distributor, the RU-486 regimen fails to work 7-8 percent of the time. Over a year ago the FDA received 400 reports of adverse reactions to the drug including several deaths. HoIIy is yet another victim who was subject to an unacceptable risk to a drug that has a significant failure rate. And we demand that FDA Commissioner Mark McClellan and Health and Human Services Secretary, Tommy Thompson take RU-486 off the market immediately pending an extensive investigation by the Comptroller General of the United States before more parents suffer and women die. We respectfully request the name of the bill that is to be presented to the House of Representatives, an Act cited as the "[RU-486 Approval and Review Act of 2003]" to be known as "Holly's Law." We actively support a bill that halts the use of the drug that took Holly's young life. We demand an investigation by the FDA and the California State Health Department as to why abortion clinics like Planned Parenthood are not following FDA approved regulations to administer the drug. We question the purity of the drugs they administer, especially when they are made in foreign countries, such as China. In addition to the dangers of this drug and its administration, we believe that health care providers such as Valley Medical Care Center don't appear to be fully prepared to evaluate and treat patients with RU-486 complications in emergency situations. Holly was in the hospital twice and died within 20 minutes before her follow up appointment with Planned Parenthood. FDA Commissioner Mark McClellan and Health and Human Services Secretary, Tommy Thompson should now have enough evidence to pull this drug from the market. How many more teenagers and young women will have to pay the price with their health or with their life, before the FDA decides to act? Currently in California, teenage girls under the age of 18 can't get their ears pierced or go on a school trip, but they can have a medical or surgical abortion without parental knowledge or consent. This prevents parents from being able to talk to their children about a pregnancy that would allow them to keep a baby or to be able to follow the abortion process. 2 An Open Letter From the Parents of Holly Patterson - Death by RU-486 The first line of defense for a child is a parent. Kids wouldn't be walking into clinics under a veil of secrecy if parents were notified first hand where they could talk to their children about abortion risks. We have now learned that Holly first sought a pregnancy test in the months leading up to her pregnancy while she was still 17 years old. We know now that a parental notification law would have brought Holly's activity to our attention and her needless death could have been prevented if we had been aware and intervened. We actively support the Tell -A -Parent (TAP) ballot initiative sponsored by Life on The Ballot www.LifeontheBallot.orq. With enough petitions, this initiative will be on the 2004 ballot and requires parental notification 48 hours prior to an abortion in California. As parents, we are concerned about the health and welfare of all daughters; we are "Pro Holly" and look to our California Senators Barbara Boxer and Dianne Feinstein to support this initiative for the safety and protection of all young women in California. Finally, we have suffered greatly with the realization that it's not enough to avoid the issue or talk to our children about why we don't want them to be involved in an unplanned pregnancy or abortion, but as parents, we must also talk about the tragic realities of unwanted pregnancy and abortion and reassure both, our daughters and sons that while we don't want this to happen, we will support them. We must focus on prevention and they must be told that they are not alone in this or any other unfortunate circumstance, regardless of the outcome. We feel very strongly that this country needs a national campaign to promote open and frank discussions in the home about unplanned pregnancy and the options that are available to our daughters who find themselves in this unfortunate predicament. We are eager to support such a campaign designed to bring about awareness, encourage parental involvement, and provide accurate information to minors, women, and parents about abstinence, birth control, unplanned pregnancy, abortion, parenting, and adoption options. While parents would prefer that their daughters abstain from sex and many do, we must deal with the reality that many don't. In addition to unplanned pregnancy, girls can contract HIV and other STIs. As parents we need to prevent unplanned pregnancy instead of relying upon abortion clinics and agencies to educate our children and provide them with inaccurate information. No parent wants to see his or her teenage or college age daughter in the unfortunate situation that Holly was faced with. We have lost our daughter, Holly, but we can still help to prevent this terrible tragedy from happening in other families. Holly's drive and determination to accomplish her goals gives us strength to pursue these critical issues in her name. Holly's memory and light will live on in our hearts, family, friends and our work. We will actively support the bill to suspend and review "Holly's Law" in Congress by Reps. DeMint and Bartlett and Senator Brownback to suspend and review the abortion drug RU-486, the Tell -A- Parent (TAP) bill, which requires parental notification laws in California and a campaign to encourage prevention and open dialogue about unplanned pregnancy and abortion in the home. Please contact us with any questions or requests for support of these very important issues. Sincerely, Mr. and Mrs. Monty and Helen Patterson 3 Holly Patterson lost her life to the RU-486. • • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING LIFE WHEREAS, the supreme human right is the "Right to Life", and WHEREAS, the Declaration of Independence states, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights and among these are, life, liberty, and the pursuit of happiness", and WHEREAS, the City Council of the City of Temecula feel an obligation to support human rights for all human beings and principally for those human beings unable to speak for themselves, children nestled in their mothers' wombs awaiting birth. THEREFORE, BE IT RESOLVED, that the City Council of Temecula will strive to promote the sanctity of human life by the support of facilities within the city that are protective of the life and health of mothers to be and their preborn babies. Adopted this day of by the following vote: AYES: NAYS: Contact numbers: Gloria Jacobsen