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012814 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 TEMECULA, CALIFORNIA JANUARY 28, 2014 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: 14-01 Resolution: 14-05 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Chaparral High School 2014 Musical "Jesus Christ Superstar" Cast Invocation: Pastor Clark Van Wick of Calvary Chapel Bible Fellowship Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Certificates of Achievement presented to Temecula Valley Pop Warner Golden Grizzlies Presentation of Service Award - Gary Watts (5 year) Temecula Valley Hospital Update — Darlene Wetton, CEO 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. 1 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of January 14, 2014. 3 List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 First Amendment to Agreement for Police Motorcycle Repair and Maintenance RECOMMENDATION: 4.1 That the City Council approve the First Amendment to the Agreement with Temecula Motorsports, Inc., in the amount of $25,000, for Police Motorcycle Repair and Maintenance, bringing the total Fiscal Year 2013-14 contract amount to $55,000. 2 5 Approval of the Fiscal Year 2014-15 Temecula Valley Tourism Business Improvement District (TVTBID) Annual Report and Levy of an Assessment against Lodging Businesses within the TVTBID for Fiscal Year 2014-15 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ANNUAL REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2014-15 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 5.2 Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) FOR FISCAL YEAR 2014-15 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 6 Special Tax Consulting Services RECOMMENDATION: 6.1 That the City Council approve an Agreement with Albert A. Webb Associates, in the amount of $81,400, for Special Tax Consulting Services. This agreement provides services to both the City of Temecula and the Temecula Community Services District (TCSD). The City's portion of the Agreement is $39,930 and TCSD's portion is $41,470, in accordance with Exhibit B plus a 10% contingency. 7 2014 Workers' Compensation Coverage Annual Renewal RECOMMENDATION: 7.1 That the City Council approve the insurance policy renewal for Workers' Compensation Coverage with Travelers Property Casualty Company of America, in the amount of $289,339, for the period of February 1, 2014 to February 1, 2015. 3 8 Sponsorship Agreement with the Rotary Club of Temecula for the "Taste of the World" event — March 21, 2014 (at the request of Council Member Washington) RECOMMENDATION: 8.1 That the City Council approve a City Sponsorship Agreement to provide in-kind marketing for the Rotary Club of Temecula "Taste of the World" event. 9 Acceleration of AB 2766 Appropriations from Fiscal Year 2014-15 for Temecula Park and Ride, PW06-09 RECOMMENDATION: 9.1 That the City Council approve the acceleration of AB 2766 appropriations, in the amount of $564,175, from Fiscal Year 2014-15 for the Temecula Park and Ride Project, PW06-09. 10 Acceptance of Improvements and Notice of Completion for Fire Station 84 Roof Replacement, PW 13-01 RECOMMENDATION: 10.1 Accept the construction of Fire Station 84 Roof Replacement, PW 13-01, as complete; 10.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 10.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. ******************** 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 ******************** 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 14-01 Resolution: No. CSD 14-01 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 11 Action Minutes RECOMMENDATION: 11.1 Approve the action minutes of January 14, 2014. 12 Sponsorship Agreement with Safe Alternatives for Everyone, Inc. (S.A.F.E.) RECOMMENDATION: 12.1 That the Board of Directors approve the Sponsorship Agreement with Safe Alternatives for Everyone, Inc., in the amount of $10,000 cash and approximately $1,200 of in-kind facility rental fees, so that S.A.F.E. can provide our community with quality services for children, youth, and families who have experienced or are at risk of abuse and violence. 5 13 Special Tax Consulting Services RECOMMENDATION: 13.1 That the Board of Directors approve an Agreement with Albert A. Webb Associates, in the amount of $81,400, for Special Tax Consulting Services. This agreement provides services to both the City of Temecula and the Temecula Community Services District (TCSD). The City's portion of the Agreement is $39,930 and TCSD's portion is $41,470, in accordance with Exhibit B plus a 10% contingency. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, February 11, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 7 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 Long Range Planning Project No. LR12-0012, a statutory update of the City of Temecula General Plan Housing Element RECOMMENDATION: 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2014-2021 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR12-0012) AND APPROVAL OF A NEGATIVE DECLARATION UNDER CEQA FOR THE HOUSING ELEMENT CITY COUNCIL BUSINESS 15 Tract Map 23103-2 (located at the northwest corner of Chemin Clinet and Butterfield Stage Road) RECOMMENDATION: 15.1 Prior to the consideration of the Final Map for Tract 23103-2, the Subdivision Improvement Agreement and Monument Agreement, the Acting City Clerk shall randomly select Council Member Comerchero, Council Member Naggar, or Council Member Washington to participate in the consideration and decision of Recommendations for Tract 23103-2 in order to achieve a quorum, following the procedures of Section 18708 of the Fair Political Practices Commission Regulations, due to conflicts of interests; 15.2 Following completion of the random selection process, that the City Council consider and act on the following recommended actions with the randomly selected Council Member as a member of the quorum: a. Approve Tract Map 23103-2 in conformance with the Conditions of Approval; b. Approve the Subdivision Improvement Agreement for Butterfield Stage Improvements and for in -tract Improvements, and accept the Faithful Performance Bond and the Labor and Materials Bond as security for the Agreement; c. Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. 8 DEPARTMENTAL REPORTS 16 Community Development Department Monthly Report 17 Public Works Department Monthly Reports 18 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, February 11, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.citvoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.org — 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. 9 PRESENTATIONS r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: CJ Barney of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating CJ on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of CJ's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Cole Condon of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Cole on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Cole's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Dominic Diaz of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Dominic on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Dominic's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Louis Fiacco of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Louis on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Louis's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Mason Fox of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Mason on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Mason's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Cade Gilbert of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Cade on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Cade's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk r r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Hayden Glynn of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Hayden on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Hayden's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Joey Hurst of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Joey on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Joey's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Brennan Jackson of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Brennan on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Brennan's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Cody Jones of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Cody on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Cody's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Sean Jones of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Sean on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Sean's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Jack Lamb of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Jack on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Jack's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Josh Licata of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Josh on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Josh's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Trevor McNabb of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Trevor on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Trevor's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Thomas Miller of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Thomas on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Thomas's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Aidan Moore of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Aidan on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Aidan's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Daniel Morales of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Daniel on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Daniel's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Sean Sanchez of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Sean on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Sean's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Dylan Sigman of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Dylan on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Dylan's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Andrew Torres of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Andrew on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Andrew's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Cade Webster of Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Cade on his outstanding accomplishments and efforts with Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We are proud of Cade's dedication and talent to the sport of football. We wish him, his coaches, and team continued success in this sport and with their future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Mike Barney, Head Coach and the Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Head Coach Mike Barney for his outstanding leadership of the Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We would like to thank Coach Barney for his leadership and dedication to these young athletes and appreciate his contributions to their lives and to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Tony Sanchez, Assistant Coach and the Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Assistant Coach Tony Sanchez for his outstanding leadership of the Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We would like to thank Assistant Coach Sanchez for his leadership and dedication to these young athletes and appreciate his contributions to their lives and to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Jeff Barney, Assistant Coach and the Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Assistant Coach Jeff Barney for his outstanding leadership of the Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We would like to thank Assistant Coach Barney for his leadership and dedication to these young athletes and appreciate his contributions to their lives and to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Todd Condon, Assistant Coach and the Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Assistant Coach Todd Condon for his outstanding leadership of the Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We would like to thank Assistant Coach Condon for his leadership and dedication to these young athletes and appreciate his contributions to their lives and to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. r iI The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Eric McNabb, Assistant Coach and the Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Assistant Coach Eric McNabb for his outstanding leadership of the Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We would like to thank Assistant Coach McNabb for his leadership and dedication to these young athletes and appreciate his contributions to their lives and to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk Al1. q The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Dan Licata, Assistant Coach and the Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Assistant Coach Dan Licata for his outstanding leadership of the Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We would like to thank Assistant Coach Licata for his leadership and dedication to these young athletes and appreciate his contributions to their lives and to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk q The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Dan Lamb, Assistant Coach and the Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Assistant Coach Dan Lamb for his outstanding leadership of the Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We would like to thank Assistant Coach Lamb for his leadership and dedication to these young athletes and appreciate his contributions to their lives and to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk q The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Art Torres, Assistant Coach and the Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Assistant Coach Art Torres for his outstanding leadership of the Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We would like to thank Assistant Coach Torres for his leadership and dedication to these young athletes and appreciate his contributions to their lives and to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk q The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Amy Jackson, Team Mom and the Temecula Valley Pop Warner Golden Grizzlies We join with the citizens of the City of Temecula in congratulating Team Mom, Amy Jackson for her outstanding leadership of the Temecula Valley Pop Warner's Jr. Midget Team, the Golden Grizzlies. The Golden Grizzlies are the first and only Temecula Valley Pop Warner Team in eighteen years to make it to the National Championships, and are one of eight teams in the United States to compete in the Florida Pop Warner Super Bowl competition. The Temecula Valley Pop Warner Golden Grizzlies finished their season by holding the victory titles two-time Palomar Conference Champions, Wescon Regional Champions, and Third in Nation. We would like to thank Team Mom Jackson for her leadership and dedication to these young athletes and appreciate her contributions to their lives and to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of January, 2014. Maryann Edwards, Mayor Gwyn R. Flores, Acting City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 14, 2014 – 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) CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code section 54956.8 to provide direction to its real property negotiators for the completion of the acquisition of the real property commonly known as 27498 Enterprise Circle West, Temecula, California and identified as Assessor's Parcel Number 921-480-020. The property is being acquired in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are: (1) the City of Temecula and Ruben Valloza dba Audio Evolution for 27498 Enterprise Circle West, Suite 2; and (2) City of Temecula and Nathan Guy dba Faith Armory for 27498 Enterprise Circle West, Suite 4. The City's negotiator is Amer Attar. Under negotiation are the price and terms of the acquisition of these properties under state law. 2) CONFERENCE WITH LEGAL COUNCIL—EXISTING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to three matters of pending litigation: (1) City of Temecula v. County of Riverside, et. al., Riverside County Superior Court No. RIC 1215119, (Riverside County Fast Track Policy litigation); (2) People of the State of California, City of Temecula v. Promethean Biofuels Cooperative Corporation, et. al, Riverside County Superior Court Case No. RIC 1301640 (NPDES, code enforcement litigation); and (3) City of Chico, City of Temecula, et al. v. John Chaing, State Controller, et al., Sacramento County Superior Court Case No. 34-2013-80001593 (vehicle license fee allocation litigation). 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 Edwards 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 Maryann Edwards Prelude Music: Invocation: Emma Erickson, Hudson Erickson, and Hunter Erickson Lead Pastor Steve Redden of Crosspoint Church Flag Salute: Council Member Comerchero Action Minutes 011414 1 ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Presentation of Gavel from previous Mayor Mike Naggar to incoming Mayor Maryann Edwards Certificate of Appreciation to former Commissioner Al Cosentino Presentation of Service Awards — Jeff Comerchero (20 year), Mike Naggar (15 year), Chuck Washington (10 year), Charolette Fox (10 year) PUBLIC COMMENTS The following individuals addressed the City Council: • Anne Bowman & Ashley Berry • Amy Brewen • Nancy Obenberger CITY COUNCIL REPORTS CONSENT CALENDAR • Wayne Hall addressed the Council on Item 9. 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. 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 (4-1-0, Council Member Washington abstained) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, and Edwards; Council Member Washington abstained. RECOMMENDATION: 2.1 Approve the action minutes of December 10, 2013. Action Minutes 011414 2 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of November 30, 2013 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of November 30, 2013. 5 Support of Riverside Transit Agency's submittal of a Grant Proposal Application for the Caltrans Transit Planning for Sustainable Communities Grant Program (at the request of Mayor Pro Tem Comerchero) — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 5.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF RIVERSIDE TRANSIT AGENCY'S SUBMITTAL OF A GRANT PROPOSAL APPLICATION FOR THE CALTRANS TRANSIT PLANNING FOR SUSTAINABLE COMMUNITIES GRANT PROGRAM 6 City Council Authorization to apply for a Housing -Related Parks Program Grant — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Action Minutes 011414 3 RECOMMENDATION: 6.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING STAFF TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR HOUSING -RELATED PARKS (HRP) PROGRAM GRANT FUNDS 7 First Amendment to the Professional Services Agreement with Environmental Science Associates, Inc. (ESA) for additional costs associated with the Traffic Impact Analysis and the Water Supply Assessment for the Jefferson Avenue Specific Plan Environmental Impact Report — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 7.1 That the City Council approve the First Amendment to the Professional Services Agreement with Environmental Science Associates, Inc. (ESA), in the amount of $27,856.60, for additional costs associated with the Traffic Impact Analysis and the Water Supply Assessment for the Jefferson Avenue Specific Plan Environmental Impact Report. 8 First Amendment to the Agreement with Simon Wong Engineering for Main Street Bridge Over Murrieta Creek (Replacement), PW03-05 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 8.1 That the City Council approve the First Amendment to the Agreement with Simon Wong Engineering, in the amount of $40,000, for additional construction support services for Main Street Bridge Over Murrieta Creek (Replacement), PW03-05. 9 Tract Map 23103-2 located at the northwest corner of Chemin Clinet and Butterfield Stage Road — Pulled off calendar. RECOMMENDATION: 9.1 Approve Tract Map 23103-2 in conformance with the Conditions of Approval; 9.2 Approve the Subdivision Improvement Agreement for Butterfield Stage Improvements and for in -tract Improvements, and accept the Faithful Performance Bond and the Labor and Materials Bond as security for the Agreement; Action Minutes 011414 4 9.3 Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. RECESS At 7:33 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:35 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 11 Selection of 2014 City Council Committees RECOMMENDATION: Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees: — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Commission Liaison (One Member) Current Member Community Services Commission Comerchero Old Town Local Review Board Washington Planning Commission Naggar Public/Traffic Safety Commission Edwards 11.2 Appoint two members of the City Council to serve on each of the following Standing Committees: — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Standing Committees (Two Members) Current Members City Sustainability Program Committee Roberts, Washington Economic Development Committee Washington, Roberts Old Town Steering Committee Naggar, Roberts Finance Committee Naggar, Washington Infrastructure Beautification Committee Edwards, Naggar Joint City Council/TVUSD Committee Edwards, Washington Murrieta/Temecula Committee Naggar, Washington Public Works Committee Edwards, Roberts Southwest Cities Coalition Committee Edwards, Comerchero Youth, Family and Health Regional Task Force Naggar, Edwards Action Minutes 011414 5 11.3 Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations — does not include a stipend): — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Representative Assignments (External Organizations) Current Member(s) Animal Shelter Liaison/JPA Representative Edwards League of California Congress — 2014 Voting Delegate Edwards, (Alternate Comerchero) National League of Cities Annual Congress — 2014 Voting Delegate Edwards, (Alternate Comerchero) Pechanga Tribal Council Liaison Roberts, (Alternate Naggar) Rancho California Water District Liaison Comerchero, Roberts Riverside County Child Safety Commission/School District Liaison Edwards Temecula Sister City Liaison Roberts 11.4 Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations — may include a stipend): — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Representative Assignments (External Organizations) Current Member(s) RCA Representative Edwards, (Alternate Roberts) Riverside County Habitat Conservation Agency Board Edwards, (Alternate Roberts) Riverside County Transportation Commission Roberts, (Alternate Comerchero) Riverside Transit Agency Representative Comerchero, (Alternate Edwards) WRCOG Executive Committee and Zone Committee Washington, (Alternate Roberts) 11.5 Appoint members of the City Council to serve on each of the following Ad Hoc Subcommittees: — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Ad Hoc Subcommittees (Two members) Current Members Altair Property Ad Hoc Subcommittee formcrly Fircstonc Comerchero, Naggar Property Ad Hoc Subcommittcc, rccommcnd namc changc Annexation/Open Space Ad Hoc Subcommittee Edwards, Comerchero Arts and Cultural Affairs Ad Hoc Subcommittee Comerchero, Edwards Civic Center Concert Ad Hoc Subcommittee Comerchero, Washington Community Service Funding Ad Hoc Subcommittee Naggar, Washington Diaz Property Ad Hoc Subcommittee Naggar, Washington eGovernment and Temecula Outreach Ad Hoc Subcommittee Comerchero, Edwards French Valley Parkway Interchange Ad Hoc Subcommittee Comerchero, Roberts Action Minutes 011414 6 Higher Education Ad Hoc Subcommittee Naggar, Washington Human Services Ad Hoc Subcommittee Naggar, Edwards Inclusive Play Structure Ad Hoc Subcommittee Naggar, Comerchero Jefferson Corridor Ad Hoc Subcommittee Roberts, Comerchero Luxury Car Dealership Ad Hoc Subcommittee Washington, Roberts Madera Vista Development Ad Hoc Subcommittee formerly Roberts, Washington Summerhouse Development Ad Hoc Subcommittee, recommend name change Military Ad Hoc Subcommittee Comerchero, Washington Murrieta Creek Project Ad Hoc Subcommittee Naggar, Washington Nicolas Valley Ad Hoc Subcommittee deletion Roberts, Washington recommend Old Town Civic Center Ad Hoc Subcommittee Roberts, Comerchero Old Town Gym Ad Hoc Subcommittee Comerchero, Washington Parks and Recreation Ad Hoc Subcommittee Comerchero, Washington Promenade Mall Ad Hoc Subcommittee deletion Comerchero, Washington recommend ...- .e -- - -....--e "-_. Edwards, c e e--•- a-- -Robert', - e ___ _ _ o Quality of Life Master Plan Ad Hoc Subcommittee Roberts, Washington Ronald Reagan Sports Park Ad Hoc Subcommittee Edwards, Naggar Roripaugh Ranch Ad Hoc Subcommittee Comerchero, Roberts Small Business Incubator Ad Hoc Subcommittee Comerchero, Washington South Temecula Land and Transportation Ad Hoc Roberts, Washington Supportive Housing/Services Ad Hoc Subcommittee Washington, Naggar Teen Village Ad Hoc Subcommittee Comerchero, Washington Temecula Healthcare Ad Hoc Subcommittee Naggar, Washington Trails Ad Hoc Subcommittee Naggar, Washington Transit/Transportation Ad Hoc Subcommittee Roberts, Comerchero recommend deletion Wall of Honor Ad Hoc Subcommittee Comerchero, Edwards Winchester Hills Ad Hoc Subcommittee Naggar, Roberts Youth Master Plan Implementation Ad Hoc Subcommittee Naggar, Washington 11.6 Consider appointing members of the City Council to serve on each of the following Ad Hoc Subcommittees proposed as new subcommittees: — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Ad Hoc Subcommittees (Two members) New Members Commission Review Ad Hoc Subcommittee Naggar, Edwards Infill Land Use and Project Review Ad Hoc Subcommittee Naggar, Comerchero 11.7 Adopt a resolution entitled: — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Action Minutes 011414 7 RESOLUTION NO. 14-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A REVISED FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS 12 City Council Action Committee for Health & Family Safety (Local Task Force) Member Acknowledgment and Direction (at the request of Mayor Edwards and Council Member Naggar) — Local Task Force Members Andrews, Budd, Doan, Eckard, Green, E. Harrigan, M. Harrigan, Reinke and Wilcox introduced themselves and provided brief introductions about their interest in applying to the Local Task Force. Local Task Force Member Tooker was absent. RECOMMENDATION: 12.1 That the City Council introduce members of the Local Task Force (City Council Action Committee for Health and Family Safety or CCAC-HFS), and provide direction and expected achievements. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions from the closed session under the Brown Act. ADJOURNMENT At 8:19 P.M., the City Council meeting was formally adjourned to Tuesday, January 28, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] Action Minutes 011414 8 Item No. 3 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jennifer Hennessy, Finance Director January 28, 2014 List of Demands PREPARED BY: RECOMMENDATION: Pascale Brown, Accounting Manager Jill Dickey, Accounting Assistant That the City Council adopt a resolution entitled: RESOLUTION NO. 14- 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. 14- 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 $3,277,085.35. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of January, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of January, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk CITY OF TEMECULA LIST OF DEMANDS 01/02/2014 TOTAL CHECK RUN: $2,139,079.83 01/09/2014 TOTAL CHECK RUN: 707,694.97 01/02/2014 TOTAL PAYROLL RUN: 430,310.55 TOTAL LIST OF DEMANDS FOR 01/28/2014 COUNCIL MEETING: $3,277,085.35 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $1,969,049.66 135 BUSINESS INCUBATOR RESOURCE 180.05 140 COMMUNITY DEV BLOCK GRANT 12,567.99 165 SARDA AFFORDABLE HOUSING 5,560.29 190 TEMECULA COMMUNITY SERVICES DISTRICT 265,715.59 192 TCSD SERVICE LEVEL B 190.12 194 TCSD SERVICE LEVEL D 1,503.04 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,865.59 197 TEMECULA LIBRARY FUND 12,875.25 210 CAPITAL IMPROVEMENT PROJECTS FUND 312,187.47 300 INSURANCE FUND 121,199.62 310 VEHICLES FUND 10,942.41 320 INFORMATION TECHNOLOGY 61,314.03 330 SUPPORT SERVICES 13,785.28 340 FACILITIES 42,648.08 375 SUMMER YOUTH EMPLOYMENT PROGRAM 150.78 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 144.64 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 140.50 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 169.03 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 39.93 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 256.20 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 53.36 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 91.73 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 2,785.80 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 28.89 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 11.04 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 34.04 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 1,013.64 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 224.13 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 100.59 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 44.01 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 363.44 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 30.39 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 321.65 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 141.83 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 1,418.61 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 762.94 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 37.16 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 36.92 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 403.12 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 75.29 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 60.50 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 39.18 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 433.51 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 32.13 700 CERBT CALIFORNIA EE RETIREE-GASB45 5,745.35 001 GENERAL FUND $252,366.19 140 COMMUNITY DEV BLOCK GRANT 1,666.15 165 SARDA AFFORDABLE HOUSING 4,562.43 190 TEMECULA COMMUNITY SERVICES DISTRICT 95,174.11 192 TCSD SERVICE LEVEL B 240.22 194 TCSD SERVICE LEVEL D 2,078.33 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 417.04 197 TEMECULA LIBRARY FUND 1,073.01 300 INSURANCE FUND 4,059.74 320 INFORMATION TECHNOLOGY 21,346.40 330 SUPPORT SERVICES 6,784.79 340 FACILITIES 9,353.86 375 SUMMER YOUTH EMPLOYMENT PROGRAM 844.51 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 84.78 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 56.85 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 67.48 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.28 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 136.88 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.78 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 35.18 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 232.32 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.44 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.58 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.23 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 155.20 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 33.13 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.14 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.76 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 38.57 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.35 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 143.64 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 76.88 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 208.45 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 352.68 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.41 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.23 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 198.30 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 63.87 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.97 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.23 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 292.38 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.97 700 CERBT CALIFORNIA EE RETIREE-GASB45 28,036.81 $2,846,774.80 430,310.55 TOTAL BY FUND: $3,277,085.35 apChkLst Final Check List Page: 1 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2339 01/02/2014 000283 INSTATAX (IRS) 2340 01/02/2014 000444 INSTATAX (EDD) 2341 01/02/2014 000245 PERS - HEALTH INSUR PREMIUM 2342 01/02/2014 010349 CALIF DEPT OF CHILD SUPPORT Description Amount Paid Check Total FEDERAL INCOME TAXES PAYMENT 84,509.50 84,509.50 STATE DISABILITY INS PAYMENT 23,904.32 23,904.32 PERS HEALTH ADMIN COST PAYMENT 92,618.30 BLUE SHIELD ACCESS+ PAYMENT 0.00 92,618.30 SUPPORT PAYMENT 1,559.06 1,559.06 2343 01/02/2014 000389 NATIONWIDE RETIREMENT OBRA - PROJECT RETIREMENT SOLUTION PAYMENT 2344 01/02/2014 000194 ICMA RETIREMENT -PLAN ICMA RETIREMENT TRUST 457 303355 PAYMENT 2345 01/02/2014 000642 TEMECULA CITY FLEXIBLE CHILD CARE REIMBURSEMENT PAYMENT 2,450.92 2,450.92 6,104.84 6,104.84 5,784.85 5,784.85 2346 01/02/2014 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 15,282.79 15,282.79 SOLUTION 162206 01/02/2014 003552 AFLAC AFLAC CANCER CARE PLAN PAYMENT 1,999.51 1,999.51 162207 01/02/2014 004973 ABACHERLI, LINDI TCSD instructor earnings 420.00 420.00 162208 01/02/2014 016450 AIR EXCHANGE, INC. Plymovent maintenance: Sta 84 238.75 238.75 162209 01/02/2014 013015 ALWAYS RELIABLE backflow testing srvcs:fire station 92 50.00 BACKFLOW 162210 01/02/2014 006254 BALLET FOLKLORICO 162211 01/02/2014 004040 BIG FOOT GRAPHICS backflow srvcs:overland training ctr. 50.00 backflow testing srvcs:fire station 84 100.00 200.00 TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 168.00 336.00 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Design/artwork:csd recreation guide 162212 01/02/2014 014726 CHAPTER 13 STANDING SUPPORT PAYMENT TRUSTEE 694.40 239.20 514.50 105.00 294.00 2,800.00 4,647.10 182.77 182.77 Pagel apChkLst Final Check List Page: 2 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 162213 01/02/2014 014520 COLD STAR, INC Snow:Winter Wonderland 2013 Amount Paid Check Total 6,205.90 6,205.90 162214 01/02/2014 004405 COMMUNITY HEALTH COMMUNITY HEALTH CHARITIES 44.00 44.00 CHARITIES PAYMENT 162215 01/02/2014 013379 COSSOU, CELINE 162216 01/02/2014 014364 CUNNINGHAM, GRISELDA CLEMENTINA 162217 01/02/2014 015535 DEMARCO, ROSALIE 162218 01/02/2014 004192 DOWNS COMMERCIAL FUELING INC 162219 01/02/2014 011202 EMH SPORTS USA, INC 162220 01/02/2014 003665 EXCEL COMMERCIAL 162221 01/02/2014 003747 FINE ARTS NETWORK 162222 01/02/2014 003747 FINE ARTS NETWORK TCSD Instructor Earnings 409.50 409.50 TCSD Instructor Earnings 147.00 147.00 TCSD Instructor Earnings 70.00 70.00 Fuel for City vehicles:PW Depts 372.43 372.43 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 421.75 978.95 175.00 1,575.70 Dec long distance phone svcs 54.83 54.83 Nutcracker Ballet 12/18-23/13 45,545.98 45,545.98 Christmas w/Elvis & Friends 12/19,21-22 2,538.70 2,538.70 Page2 apChkLst Final Check List Page: 3 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 162223 01/02/2014 003347 FIRST BANKCARD CENTER 013851 STORM SOURCE, LLC MH appointment plus:IT 20.00 013851 STORM SOURCE, LLC MH appointments plus annual fee 943.00 013338 APPLE STORE MH applecare for ipads: I.T. 534.00 016524 ARMSTRONG TEMECULA MH Team PACE holiday tree:Civic Cntr 184.67 016542 DOTGOV MH domain name: I.T. 125.00 016525 MCERGO.COM MH computer equip: Library 109.00 016539 SPECK PRODUCTS MH phone case: I.T. 37.83 016540 ROCKET SOFTWARE INC MH Passport PC to Host software: I.T. 179.00 016541 QUIKSHIP CALIFORNIA INC MH toner: I.T. 36.48 013338 APPLE STORE MH Phone case/VGA adapters 289.66 013851 STORM SOURCE, LLC MH appointment plus:IT 20.00 008956 PANERA BREAD AA Mayor's mtg 12/10 13.99 002185 POSTMASTER KH postage stamps:tcsd 34.37 007282 AMAZON.COM, INC KH MISC. COLLECTIONS 15.65 (BOOKS):LIBRARY 007282 AMAZON.COM, INC KH MISC. COLLECTIONS 44.25 (BOOKS):LIBRARY 007282 AMAZON.COM, INC KH MISC. COLLECTIONS 45.57 (BOOKS):LIBRARY 006952 PAYPAL KH Verisign Payflow Pro Transaction 223.00 002652 PAT & OSCARS RESTAURANT KH refreshments:holiday lights judging 137.64 014115 GAMBLING COWBOY AA Team PACE recogn 11/19 227.20 CHOPHOUSE, THE 016523 VAIL RANCH STEAKHOUSE AA City/CSUSM/MSJC mtg 11/20 483.84 015363 76 TEMECULA FUELS CORP AA fuel for City Mgr vehicle 20.00 015639 REZA CAFE AA ee paid portion -City attorney mtg 68.51 001060 HYATT SJ htl:new law/election sem 12/4-5 GF/CD 207.44 000915 NATIONAL NOTARY SJ Notary sem trng/scan/pkg/ins GF 482.60 ASSOCIATION 015247 FAMOUS DAVE'S SJ refreshments:council mtg 12/10 253.69 007282 AMAZON.COM, INC KH MISC. COLLECTIONS 26.84 (BOOKS):LIBRARY 007282 AMAZON.COM, INC KH MISC. COLLECTIONS 25.28 (BOOKS):LIBRARY Page:3 apChkLst Final Check List Page: 4 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 007282 AMAZON.COM, INC (Continued) Description Amount Paid Check Total KH MISC. COLLECTIONS 16.16 (BOOKS):LIBRARY 014115 GAMBLING COWBOY KH ee paid retirement dinner 12/3 384.79 CHOPHOUSE, THE 000915 NATIONAL NOTARY JH notary membership S.Robinson 33.00 ASSOCIATION 002283 EMBASSY SUITES HOTEL JH htl:Police training 11/19-21 C.Staat 280.50 006952 PAYPAL JH Verisign Payflow Pro Transaction 79.75 009720 STARBUCKS CORPORATION AA Autism Training -Police 12/4 27.90 014583 PALUMBO'S RISTORANTE, LLC SJ refreshments:council mtg 11/26 234.36 014949 WESTERN CITY MAGAZINE GB recruitment ad:Western City Magazine 250.00 015639 REZA CAFE GB interview panel-Comm.Dev.Director 59.69 007282 AMAZON.COM, INC GB membership dues:I.Garibay 85.32 000152 CALIF PARKS & RECREATION KH '14 CPRS trng conf J.Pelletier 11/12 419.00 SOC 000152 CALIF PARKS & RECREATION KH '14 CPRS trng conf J.Lawrence 11/12 SOC 000152 CALIF PARKS & RECREATION KH '14 CPRS trng conf J.Willcox 11/12 SOC 007282 AMAZON.COM, INC KH MISC. COLLECTIONS (BOOKS):LIBRARY 016473 ATHLETIC BUSINESS 419.00 419.00 48.96 KH Athletic Business Expo M.Minnesang 489.00 000152 CALIF PARKS & RECREATION KH CPRS award submittal:mktg & comm. 65.00 SOC 000152 CALIF PARKS & RECREATION KH CPRS award submittal:creating 130.00 SOC comm. 007282 AMAZON.COM, INC KH MISC. COLLECTIONS 85.45 (BOOKS):LIBRARY 004905 LIEBERT, CASSIDY & GB membership dues:I. Garibay WHITMORE 000152 CALIF PARKS & RECREATION KH '14 CPRS trng conf Y.Martinez 11/12 SOC 007282 AMAZON.COM, INC KH MISC. COLLECTIONS (BOOKS):LIBRARY 007282 AMAZON.COM, INC 007282 AMAZON.COM, INC 162224 01/02/2014 011145 FOSTER, JILL CHRISTINE KH MISC. COLLECTIONS (BOOKS):LIBRARY KH MISC. COLLECTIONS (BOOKS):LIBRARY TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 995.00 419.00 17.27 49.99 53.24 9,849.89 1,241.33 509.60 2,542.40 1,165.27 5,458.60 Page:4 apChkLst Final Check List Page: 5 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162225 01/02/2014 014556 FOULK, ANDREW 162226 01/02/2014 002982 FRANCHISE TAX BOARD 162227 01/02/2014 002982 FRANCHISE TAX BOARD 162228 01/02/2014 013076 GAUDET, YVONNE M. 162229 01/02/2014 009608 GOLDEN VALLEY MUSIC SOCIETY 162230 01/02/2014 003792 GRAINGER 162231 01/02/2014 014402 GROEPPER, BROOKE ELIZABETH 162232 01/02/2014 001135 HEALTHPOINTE MEDICAL (Continued) Description Amount Paid Check Total photography:Pechanga Mtn Day/Lt.Dan 900.00 900.00 SUPPORT PAYMENT 480.11 480.11 SUPPORT PAYMENT 135.00 135.00 TCSD instructor earnings 323.40 TCSD instructor earnings 46.20 369.60 Classics @ the Merc/Candlelight Classics 2,134.30 2,134.30 Emergency supplies: CERT Team 626.07 626.07 TCSD instructor earnings 157.50 TCSD instructor earnings 21.00 178.50 11/19-12/6 EMP INDUSTRIAL CARE 145.00 145.00 GROUP INC SRVCS:HR 162233 01/02/2014 013695 INLAND EMPIRE SHRED IT shred services:Police 12/9 162234 01/02/2014 001186 IRWIN, JOHN 15.00 15.00 TCSD instructor earnings 568.40 TCSD instructor earnings 29.40 597.80 162235 01/02/2014 012883 JACOB'S HOUSE INC JACOB'S HOUSE CHARITY PAYMENT 60.00 60.00 162236 01/02/2014 011321 LABOR LAW CENTER INC EMPLOYMENT LAW POSTERS: HR - 323.46 323.46 2014 162237 01/02/2014 014817 LAPP, JEREMY SCOTT Cabaret @ the Merc 12/29/13 1,470.00 1,470.00 162238 01/02/2014 016110 LDCO, INC. NOV CONST CONTRACT:TCC 53,861.20 53,861.20 RENOVATION 162239 01/02/2014 004905 LIEBERT, CASSIDY & '14 Employment Law Cf I.Garibay 445.00 445.00 WHITMORE 162240 01/02/2014 004905 LIEBERT, CASSIDY & '14 Employment Law Cf G.Butler 445.00 445.00 WHITMORE 162241 01/02/2014 013982 M C I COMM SERVICE Dec xxx-0714 PD mall alarm 31.25 Dec xxx-0346 general usage 30.43 61.68 Page:5 apChkLst Final Check List Page: 6 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 162242 01/02/2014 015961 MAKINA LOCA Performance: Theater, January 10, 2014 2,500.00 2,500.00 162243 01/02/2014 005817 MCCUSKER ENTERPRISES INC refund:sec dep:rm rental:CRC 200.00 200.00 162244 01/02/2014 003076 MET LIFE INSURANCE METLIFE DENTAL INSURANCE 7,676.62 7,676.62 COMPANY PAYMENT 162245 01/02/2014 012264 MIRANDA, JULIO C. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 162246 01/02/2014 009443 MUNYON, DENNIS G. Jan -Mar license fee: theater public prkg 470.40 411.60 441.00 382.20 264.60 264.60 117.60 117.60 2,469.60 2,375.00 2,375.00 162247 01/02/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW CIP 55.00 City Vehicle Maint Svcs:PW Street Maint 130.95 City Vehicle Maint Svcs:PW Street Maint 89.93 City Vehicle Maint Svcs:PW Street Maint 55.00 City Vehicle Maint Svcs:PW Street Maint 315.18 646.06 162248 01/02/2014 002734 P V P COMMUNICATIONS INC Motor helmets:temecula traffic police 680.04 680.04 162249 01/02/2014 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Earnings 400.40 TCSD Instructor Earnings 436.80 837.20 162250 01/02/2014 012263 PETROGEN INC equipment for Stn 73 13.00 13.00 162251 01/02/2014 016529 PIONEER CREDIT RECOVERY SUPPORT PAYMENT 49.55 49.55 INC 162252 01/02/2014 010338 POOL & ELECTRICAL misc pool supplies/chemicals:var pools 200.03 200.03 PRODUCTS INC 162253 01/02/2014 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 257.10 257.10 INC 162254 01/02/2014 002176 RANCHO CALIF BUS PK ASSOC Jan -Mar bus.park assn. dues:Diaz Rd 1,413.08 Jan -Mar bus.park assn. dues:FOC 1,281.08 Jan -Mar bus.park assn. dues:TVE2 1,552.83 4,246.99 162255 01/02/2014 002072 RANCHO CALIF WATER wtr srvc relocation @ 31985 Calle Chapos DIST-FEES 180.00 180.00 Page:6 apChkLst Final Check List Page: 7 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162256 01/02/2014 000262 RANCHO CALIF WATER DISTRICT 162257 01/02/2014 011853 RANCON COMMERCE CNTR PH2,3&4 (Continued) Description Amount Paid Check Total 11/12-12/9 Various Water Meters 5,465.09 Various Water Meters 11/12-12/9 Various Water Meters Dec 01-02-02001-0 CRC 308.89 1,234.79 412.78 Jan -Mar bus.park assn. dues:stn 73 510.71 7,421.55 Jan -Mar bus.park assn. dues:ovrind prjt 198.38 Jan -Mar bus.park assn. dues:ovrind prjt 249.03 Jan -Mar bus.park assn. dues:ovrind prjt 177.27 1,135.39 162258 01/02/2014 000955 RIVERSIDE CO SHERIFF SW Pu'eska Mtn Day Celebr. Patrol Srvcs 497.77 497.77 STN 162259 01/02/2014 000406 RIVERSIDE CO SHERIFFS 9/19/13-10/16/13 law enforcement 1,612,818.64 1,612,818.64 DEPT 162260 01/02/2014 012251 ROTH, DONALD J. TCSD Instructor Earnings 441.00 TCSD Instructor Earnings 315.00 756.00 162261 01/02/2014 007582 SAFEGUARD DENTAL & VISION SAFEGUARD VISION PLAN PAYMENT 859.29 859.29 162262 01/02/2014 013582 SAN DIEGUITO PUBLISHERS Printing srvcs:Recreation brochure 16,655.22 INC Printing srvcs:Recreation brochure 1,942.21 18,597.43 162263 01/02/2014 015364 SEASIDE ICE, LLC registr fee -special needs ice skating 190.00 190.00 162264 01/02/2014 006712 SERVEN, RICK ee computer purchase prgm 472.38 472.38 162265 01/02/2014 015873 SESAC 2014 Annual music license fee 1,626.00 1,626.00 162266 01/02/2014 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 300.00 300.00 CENTRAL 162267 01/02/2014 000645 SMART & FINAL INC Misc supplies: cultural arts events 66.84 Misc supplies:Brkfst w/Santa 12/14 332.81 Supplies:Mary Phillips Senior Center 221.34 Misc supplies:Brkfst w/Santa 12/14 83.47 704.46 Page:7 apChkLst Final Check List Page: 8 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 162268 01/02/2014 000537 SO CALIF EDISON 162269 01/02/2014 001212 SO CALIF GAS COMPANY Description Amount Paid Check Total Dec 2-28-331-4847 Pauba Rd 109.85 Dec 2-28-904-7706 Overland Trail 142.52 Dec 2-21-981-4720 Temecula Pkwy tpp 24.51 Dec 2-31-693-9784 various mtrs 613.64 Dec 2-25-393-4681 TES Pool 208.30 Dec 2-35-664-9053 Margarita Rd 338.00 Dec 2-31-912-7494 Parking Garage 1,489.21 Dec 2-32-903-8293 Civic Center 10,686.80 Dec 2-29-224-0173 Fire Stns 1,657.10 Dec 2-34-624-4452 32131 S Loop Rd 667.44 Dec 2-29-223-8607 Old Twn PED 689.26 Dec 2-29-657-2787 Winchester Rd 25.65 Dec 2-31-419-2873 Hwy 395 25.50 Dec 2-02-351-4946 MPSC 772.53 Dec 2-14-204-1615 Front St Rdio 36.96 Dec 2-35-164-3770 Btrtld Stage Rd 27.73 Dec 2-35-164-3663 Mdws Pkwy ped 25.92 Dec 2-35-164-3515 Leena Way ped 25.92 Dec 2-33-357-5785 Rdhwk Pkwy ped 30.52 Dec 2-35-707-0010 various mtrs 54.10 Dec 2-35-164-3242 Mdws Pkwy 27.05 Dec 2-29-807-1093 Irrigation Diaz Rd 26.05 Dec 2-29-807-1226 Diaz Rd Irrigation 26.05 Dec 2-31-282-0665 Diaz Rd ped 26.48 Dec 2-31-536-3481 Main Street 277.70 Dec 2-31-536-3655 Main Street 953.93 Dec 2-35-421-1260 4th Street 21.16 Dec 2-34-333-3589 Main Street 26.88 Dec 2-18-937-3152 T.Museum 431.60 Dec 2-19-171-8568 Wedding Chpl 56.90 Dec 2-29-933-3831 FOC 1,622.83 Dec 2-27-371-8494 Offsite Storage 33.18 Dec 133 040 7373 0 West Wing 19.68 Dec 026 671 2909 8 Theater 519.67 Dec 095 167 7907 2 Stn 84 321.63 Dec 101 525 1560 6 Stn 73 445.29 Dec 117 188 6393 6 32131 S Loop Rd 179.48 Dec 021 725 0775 4 MPSC 278.68 Dec 091 024 9300 5 CRC 3,852.01 Dec 028 025 1468 3 McCabe Ct 155.99 Dec 181 383 8881 6 T. Museum 192.27 Dec 196 025 0344 3 C. Museum 116.98 Dec 125 244 2108 3 Library 290.58 Dec 055 461 2483 4 Harveston 117.73 Dec 129 535 4236 7 Civic Center 2,178.45 Dec 129 582 9784 3 FOC 353.73 21,181.27 9,022.17 Page:8 apChkLst Final Check List Page: 9 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 162270 01/02/2014 002503 SOUTH COAST AIR QUALITY FY 13/14 emissions fees:stn 84 117.87 Ann'I operating fees:stn 84 317.07 434.94 162271 01/02/2014 000519 SOUTH COUNTY PEST Dec pest control srvcs: var facilities 625.00 CONTROL INC pest control srvcs: various parks 70.00 695.00 162272 01/02/2014 012422 SOUTHERN CALIF LIGHTING. Bal due/install holiday Iighting:Old 12,750.00 12,750.00 INC. 162273 01/02/2014 000293 STADIUM PIZZA INC 162277 01/02/2014 007762 STANDARD INSURANCE COMPANY 162278 01/02/2014 012723 STANDARD INSURANCE Refreshments:Austism holiday pgrm 32.58 12/19 Refreshments:Austism holiday pgrm 12/14 32.58 65.16 MANDATORY LIFE INSURANCE 9,103.75 9,103.75 PAYMENT VOLUNTARY SUPP LIFE INSURANCE 765.60 765.60 COMPANY PAYMENT 162279 01/02/2014 016262 STEVE ADAMIAK GOLF INSTRUCTION TCSD Instructor Earnings 231.00 TCSD Instructor Earnings 210.00 TCSD Instructor Earnings 945.00 TCSD Instructor Earnings 1,050.00 TCSD Instructor Earnings 292.60 TCSD Instructor Earnings 420.00 TCSD Instructor Earnings 504.00 3,652.60 162280 01/02/2014 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 548.80 548.80 162281 01/02/2014 013387 SWEEPING UNLIMITED INC Dec sweeping srvcs: parking garage 500.00 500.00 162282 01/02/2014 000305 TARGET BANK BUS CARD Misc supplies:skate park 37.46 SRVCS Supplies:High Hopes Program 55.05 92.51 162283 01/02/2014 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 4,702.00 4,702.00 162284 01/02/2014 000168 TEMECULA FLOWER CORRAL patriotic wreath presentation/sunshine 365.93 365.93 162285 01/02/2014 010493 TEMECULA TOWNE CENTER Jan lease payment: pd mall office 1,458.33 1,458.33 ASSOC LP 162286 01/02/2014 004274 TEMECULA VALLEY SECURITY Keys for Old Town Police Storefront 60.75 60.75 CENTR 162287 01/02/2014 003941 TEMECULA WINNELSON misc plumbing supplies: civic center 510.32 510.32 COMPANY Page apChkLst Final Check List Page: 10 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 162288 01/02/2014 010276 TIME WARNER CABLE Jan high speed internet:civic center 4,196.94 4,196.94 162289 01/02/2014 000668 TIMMY D PRODUCTIONS INC Sound/announcer srvcs:tree lighting 12/5 325.00 325.00 162290 01/02/2014 001561 U S A MOBILITY WIRELESS INC Dec paging/rental svcs:PW Street Maint 59.88 59.88 162291 01/02/2014 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 261.71 261.71 EDUCATION 162292 01/02/2014 000325 UNITED WAY UNITED WAY CHARITIES PAYMENT 25.00 25.00 162293 01/02/2014 014848 VALUTEC CARD SOLUTIONS, Nov ShoWare Gift Card Service: Theater 89.16 LLC 162294 01/02/2014 004261 VERIZON Oct ShoWare Gift Card Service: Theater 39.16 Sept ShoWare Gift Card Service: Theater Dec xxx-8165 alarm lines Dec xxx-5072 general usage Dec xxx-0074 general usage Dec xxx-2886 harveston center Dec xxx-8625 general usage 39.16 167.48 98.28 1,761.44 3,106.77 115.33 201.70 5,283.52 162295 01/02/2014 004789 VERIZON Dec internet svcs:Temecula PD 55.00 Dec internet svcs:Library 174.99 229.99 162296 01/02/2014 009101 VISION ONE INC Nov ShoWare ticketing srvcs:Theater 2,842.00 2,842.00 162297 01/02/2014 014954 VOLVO RENTS, INC Rentals:Winter Wonderland 12/14 562.87 Rentals:Light Parade 12/6 5,918.53 6,481.40 162298 01/02/2014 006248 WALKER, JESSICA TCSD Instructor Earnings 319.20 319.20 162299 01/02/2014 001342 WAXIE SANITARY SUPPLY INC misc custodial supplies: civic center 241.76 241.76 162300 01/02/2014 013556 WESTERN AUDIO VISUAL repair & maint srvcs:council chambers 1,967.76 1,967.76 162301 01/02/2014 004567 WITCHER ELECTRIC replace rusted meter pedestal:villages 1,500.00 ELECTRICAL MAINT SRVCS: SENIOR CE 200.00 replace stolen lighting wires: rrsp 5,805.00 electric circuit repair:vail ranch slope 195.00 7,700.00 999750 12/24/2013 016533 SERNA, MICHAEL refund:sec dep:rm rental:Harveston 200.00 200.00 Page:10 apChkLst Final Check List Page: 11 01/02/2014 5:22:38PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 999751 12/24/2013 016532 TEMECULA VALLEY ALANO refund:sec dep:rm rental:CRC CLUB 999752 12/24/2013 016531 WOOD, SUZANNE refund:sec dep:rm rental:Harveston Amount Paid Check Total 200.00 200.00 200.00 200.00 Grand total for UNION BANK OF CALIFORNIA: 2,139,079.83 Pagel 1 apChkLst Final Check List Page: 12 01/02/2014 5:22:38PM CITY OF TEMECULA 104 checks in this report. Grand Total All Checks. 2,139,079.83 Page:12 apChkLst 01/09/2014 12:50:03PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2338 01/02/2014 000246 PERS (EMPLOYEES' RETIREMENT) 162302 01/02/2014 002185 POSTMASTER Description PERS ER PAID MEMBER CONTR PAYMENT postage for business license renewals 162303 01/09/2014 001517 AETNA BEHAVIORAL HEALTH, DEC EMPLOYEE ASSISTANCE PRGM LLC 162304 01/09/2014 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT:THEATER 162305 01/09/2014 006915 ALLIE'S PARTY EQUIPMENT 162306 01/09/2014 009787 ALTEC INDUSTRIES INC 162307 01/09/2014 013015 ALWAYS RELIABLE BACKFLOW 162308 01/09/2014 016065 AMERICAN DIGITAL CORPORATION 162309 01/09/2014 002187 ANIMAL FRIENDS OF THE VALLEYS 162310 01/09/2014 013950 AQUA CHILL OF SAN DIEGO 162311 01/09/2014 001445 ASSISTANCE LEAGUE OF TEMECULA 162312 01/09/2014 011954 BAKER & TAYLOR INC 162313 01/09/2014 015592 BAMM PROMOTIONAL PRODUCTS, INC 162314 01/09/2014 013482 BAS SECURITY rentals:Winter Wonderland 2013 vehicle maint svcs:PW traffic div BACKFLOW TESTING &REPAIR:VAR PARKS BACKFLOW TESTING & REPAIR:VAF BACKFLOW TESTING:PARKING STR Amount Paid Check Total PALO ALTO SUBSCRIPTION:INFO TECH NOV ANIMAL CONTROL SVCS DRINKING H2O SYS MAINT:CIVIC CENTER DRINKING WATER SYS:SENIOR co CDBG SUBRECIPIENT - PUBLIC SERVICE TEMECULA LIBRARY:MISC COLLECTIONS TEMECULA LIBRARY:MISC COLLEC- TEMECULA LIBRARY:MISC COLLEC- TEMECULA LIBRARY:MISC COLLEC- TEMECULA LIBRARY:MISC COLLEC" AWARDS:ADULT SOFTBALL SPORTS PRGMS DEC SECURITY:HARVESTON LAKE PARK 162315 01/09/2014 010470 BED BATH & BEYOND MISC SUPPLIES:FIRE STN 95 145,231.38 2,858.90 664.40 170.00 2,791.55 278.48 75.00 50.00 50.00 1,360.80 10, 000.00 176.04 33.48 10,190.00 1,880.43 87.20 33.91 19.78 11.10 265.68 1,452.00 69.03 145,231.38 2,858.90 664.40 170.00 2,791.55 278.48 175.00 1,360.80 10, 000.00 209.52 10,190.00 2,032.42 265.68 1,452.00 69.03 Pagel apChkLst 01/09/2014 12: 50: 03 P M Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) 162316 01/09/2014 016548 BERACAH FAITH MINISTRIES INT'L 162317 01/09/2014 008605 BONTERRA PSOMAS 162318 01/09/2014 000128 BROWN & BROWN INSURANCE 162319 01/09/2014 004462 C D W GOVERNMENT INC 162320 01/09/2014 003138 CAL MAT 162321 01/09/2014 000152 CALIF PARKS & RECREATION SOC 162322 01/09/2014 004228 CAMERON WELDING SUPPLY 162323 01/09/2014 016545 CANALES, CAMERON Description refund:sec dep:rm rental:Harveston OCT ENVIRO MITIGATION SVCS 14T49846 GENERAL LIABILITY INS 14T49858 UMBRELLATRVLS GROUF 8109158P917 BUSINESS AUTO INS DATA TAPES:INFO TECH credit:orig. Inv#GD23039:Library asphalt material:citywide street repairs asphalt material:citywide street repairs 13/14 mb: Pelletier, Julie 014371 Helium tanks rental/refill:TCSD Helium tanks rental/refill:TCSD Helium tanks rental/refill:TCSD Helium tanks rental/refill:TCSD Helium tanks rental/refill:TCSD caricatures for NYE 12/31:tcsd 162324 01/09/2014 004971 CANON FINANCIAL SERVICES, JAN COPIER LEASES:CITYWIDE INC 162325 01/09/2014 000131 CARL WARREN & COMPANY INC 162326 01/09/2014 005417 CINTAS FIRST AID & SAFETY 162327 01/09/2014 013286 CONNEXON TELECOM INC 162328 01/09/2014 002945 CONSOLIDATED ELECTRICAL DIST. 162329 01/09/2014 011922 CORELOGIC, INC. Nov Claim adjuster services OSHAAPPRVD SUPPLIES:MAINT CREW:FOC FIRST AID KIT SUPPLIES:FOC, PW MISC FIRST AID KIT SUPPLIES:FOC Dec enterprise 911 srvc fee misc electrical supplies: var parks misc electrical supplies: var parks misc electrical supplies: var parks NOV DATABASE SUBSCR: CODE ENF 162330 01/09/2014 004329 COSTCO TEMECULA#491 misc supplies:high hopes pgrm Amount Paid Check Total 200.00 3,676.00 86,832.00 17,752.00 11,553.00 1,193.54 -642.55 337.09 151.53 150.00 59.70 59.70 59.70 58.00 58.00 425.00 3,004.54 838.70 2,242.99 343.80 77.44 250.00 468.02 190.08 21.06 22.00 200.00 3,676.00 116,137.00 550.99 488.62 150.00 295.10 425.00 3,004.54 838.70 2,664.23 250.00 679.16 22.00 75.89 75.89 Page2 apChkLst Final Check List Page: 3 01/09/2014 12:50:03PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 162331 01/09/2014 014580 DANCE THEATRE COLLECTIVE Settlement:danceXchange 12/17 175.00 175.00 162332 01/09/2014 002990 DAVID TURCH & ASSOCIATES DEC FED. LEGISLATIVE CONSULT 3,500.00 3,500.00 SVCS:CM OFC 162333 01/09/2014 004192 DOWNS COMMERCIAL Fuel for city vehicles:PW Maint 1,191.41 FUELING INC Fuel for city vehicles:PW Traffic 337.44 Fuel for city vehicles:code enf, tcsd 249.98 Fuel for city vehicles:TCSD 77.30 Fuel for city vehicles:PW land dev 63.22 1,919.35 162334 01/09/2014 014819 FLATIRON WEST, INC. DEC CONST:FRENCH VALLEY PKWY 168,691.30 168,691.30 PROJ 162335 01/09/2014 003946 G T ENTERTAINMENT DJ & SOUND TECH:WINTERFEST, NYE 500.00 500.00 162336 01/09/2014 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 12/21 983.25 Settlement:Country...Merc 1/4 519.00 1,502.25 162337 01/09/2014 012813 GARDNER MIDDLE SCHOOL PERFORMANCE:WINTERFEST 12/14 125.00 125.00 BAND 162338 01/09/2014 015876 GKAT, INC. MISC LED BULB BASE:TCSD 32.00 32.00 162339 01/09/2014 009608 GOLDEN VALLEY MUSIC 3RD INSTALL PMT:CONDUCTOR 200.00 200.00 SOCIETY SVCS:THEATER 162340 01/09/2014 015451 GREATAMERICA FINANCIAL JAN COPIER LEASES:CIVIC CENTER, 1,341.70 SVCS TVE2 JAN COPIER LEASES:CIVIC CENTEF 520.09 JAN COPIER LEASES:CIVIC CENTEF 381.23 2,243.02 162341 01/09/2014 013200 JAROTH INC Jan pay phones:duck pond,Library,CRC 212 64 212.64 162342 01/09/2014 016413 JEROME'S FURNITURE misc furn & supplies:fire stn 95 161.98 161.98 WAREHOUSE 162343 01/09/2014 015378 KELLY-LEHNER, LYNN REIMB:REFRESHMENTS:BIKE WKSHP 164.91 164.91 10/26 162344 01/09/2014 016399 KITCHEN STATION LLC, THE TCSD instructor earnings 112.50 TCSD instructor earnings 90.00 TCSD instructor earnings 67.50 TCSD instructor earnings 67.50 337.50 162345 01/09/2014 016547 MABALOT. ROSS refund:sec dep:rm rental:Harveston 200.00 200.00 Page:3 apChkLst Final Check List Page: 4 01/09/2014 12:50:03PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162346 01/09/2014 016112 MDE GROUP, INC. (Continued) Description NOV CONST CONTRACT:GOHS TENNIS COURT STP NTC.:SUPERIOR:GOHS TENNIS 162347 01/09/2014 006571 MELODY'S AD WORKS INC. CONSULTANT SRVCS:CSD SPEC EVENTS 2013 Amount Paid Check Total 32,521.35 -1,875.00 1.500.00 30, 646.35 1,500.00 162348 01/09/2014 001986 MUZAK LLC Jan dish network programing:foc 128.31 JAN DISH NETWORK PRGM:41952 6 55.00 183.31 162349 01/09/2014 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:BLDG & 239.10 SAFETY CITY VEHICLE MAINT SVCS:BLDG & 193.64 CITY VEHICLE MAINT SVCS:BLDG & 63.49 496.23 162350 01/09/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Parks Maint 51.35 City Vehicle Maint Svcs:Parks Maint 202.50 253.85 162351 01/09/2014 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PW 55.00 TRAFFIC City Vehicle Maint Svcs:PW Land Dev 112.50 167.50 162352 01/09/2014 000249 PETTY CASH Petty Cash Reimbursement 148.65 148.65 162353 01/09/2014 006653 PLAYPOWER LT FARMINGTON playground equip: temeku hills park 3,281.90 3,281.90 162354 01/09/2014 002185 POSTMASTER Annual PO Box fee: 9033/Civic Center 1,400.00 1.400.00 162355 01/09/2014 016478 POWERLAND EQUIPMENT, replacement utility vehicle: pbsp 10,942.41 10,942.41 INC. 162356 01/09/2014 000254 PRESS ENTERPRISE Nov advertising: theater 327.00 327.00 COMPANY INC 162357 01/09/2014 015960 PRINTZ DANCE PROJECT Performance: Theater, Jan. 17-18, 2014 15,000.00 15,000.00 162358 01/09/2014 015709 RAHN CONSERVATION 10/16-12/17 environ.monitor:main 5,540.00 5,540.00 CONSULTING, 162359 01/09/2014 003591 RENES COMMERCIAL weed control: city right-of-ways 10,000.00 10,000.00 MANAGEMENT 162360 01/09/2014 000278 SAN DIEGO UNION TRIBUNE Nov public notices:City Clerk/Pln 1.562.40 1,562.40 162361 01/09/2014 015364 SEASIDE ICE, LLC Balance due: Ice skate rink 2013 10,290.00 10,290.00 162362 01/09/2014 009213 SHERRY BERRY MUSIC The Pink Panter Rides Again 1/4 1,184.00 Jazz @ the Merc 12/19 537.00 1,721.00 Page:4 apChkLst Final Check List Page: 5 01/09/2014 12:50:03PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 162363 01/09/2014 015962 SIEGEL, JEFFREY 162364 01/09/2014 004498 SIEMENS INDUSTRY, INC. 162365 01/09/2014 000537 SO CALIF EDISON Description VOID Traffic signal maintenance: pw traffic Dec 2-28-629-0507:30600 Pauba Rd Dec 2-00-397-5067:TCSD svc lev C Dec 2-31-404-6020:28771 OT front st Dec 2-00-397-5042:43200 bus pk dr #1 Dec 2-29-295-3510:32211 Wolf Valley Dec 2-02-502-8077:43210 Business Pr Dec 2-30-220-8749:45850 N Wolf Cree Dec 2-29-953-8249:46497 Wolf Creek Dec 2-31-936-3511:46488 Pechanga Dec 2-29-953-8082:31523 Wolf vly rd Dec 2-29-657-2332:45538 Redwood R, Dec 2-29-953-8447:31738 Wolf Valley 162366 01/09/2014 001212 SO CALIF GAS COMPANY Dec 091-085-1632-0:41951 Moraga rd 162367 01/09/2014 014783 SOFTRESOURCES, LLC DEC CONSULTANT SRVCS:NEW 8,231.06 8,231.06 PERMIT SYS 162368 01/09/2014 012652 SOUTHERN CALIFORNIA Jan gen usage:0141,0839,2593,9306 491.20 491.20 162369 01/09/2014 005786 SPRINT Nov 26- Dec 25 cellular usage/equip 3,555.65 3,555.65 162370 01/09/2014 002015 STAR WAY PRODUCTIONS audio equip maint srvcs: old town 960.00 960.00 162371 01/09/2014 002366 STEAM SUPERIOR CARPET Carpet cleaning srvcs: Sta 84 685.00 685.00 CLEANING 162372 01/09/2014 004474 STREET TREE SIMINAR INC Making Cities Safe for Trees 1/23 S.Fox 110.00 110.00 162373 01/09/2014 016242 SUNSET LIMOUSINE, INC. Transportation:Holiday Lights Bus Tours 800.00 800.00 Amount Paid Check Total 0.00 0.00 3,401.60 3,401.60 4,873.89 2,279.19 2,074.41 1,939.57 980.40 452.80 360.07 58.28 55.58 31.09 27.72 27.58 13,160.58 15.78 15.78 162374 01/09/2014 000305 TARGET BANK BUS CARD Misc supplies:Mary Phillips Senior 162.01 SRVCS Misc supplies:Children's Museum 67.99 230.00 162375 01/09/2014 012265 TEMECULAACE HARDWARE Hardware & Supplies: Sta 92 150.43 C/O Hardware & Supplies: Sta 92 10.94 161.37 162376 01/09/2014 004209 TEMECULA SUNRISE ROTARY Oct-Dec'13 bus benches maint:pw 2,512.50 2,512.50 FOUND. Page:5 apChkLst Final Check List Page: 6 01/09/2014 12:50:03PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 162377 01/09/2014 004274 TEMECULA VALLEY SECURITY replace truck locks & latches:pw maint 653.90 653.90 CENTR 162378 01/09/2014 003862 THYSSENKRUPP Jan -Mar elev inspection srvcs: city facs 4,200.00 4,200.00 ELEVATOR.BRNCH 37 162379 01/09/2014 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SRVCS: THEATER 3,015.00 3,015.00 162380 01/09/2014 010276 TIME WARNER CABLE Jan high speed internet:Library 501.95 Jan high speed internet:40135 Village I 235.47 Jan high speed internet:42081 Main st 64.06 801.48 162381 01/09/2014 013078 TOROK, LORI A. PERFORMANCE: TEMECULA 625.00 625.00 PRESENTS DANCE 162382 01/09/2014 000161 TYLER TECHNOLOGIES, INC Nov Permitting & Land Mgmt software 6,694.99 Credit:billing adj/permitting software -19.80 6,675.19 162383 01/09/2014 007766 UNDERGROUND SERVICE Dec undrgrnd svcs alert tickets:PW 198.00 198.00 ALERT 162384 01/09/2014 002110 UNITED RENTALS NORTH misc equip rentals: pw street maint 37.77 37.77 AMERICA 162385 01/09/2014 016405 UNLIMITED ENVIRONMENTAL, Nov temecula marine bldg demo:pw cip 48,811.95 48,811.95 INC. 162386 01/09/2014 014486 VERIZON WIRELESS 11/16 - 12/15 - Broadband usage:City 4,509.56 4,509.56 162387 01/09/2014 000341 WILLDAN ASSOCIATES INC 10/28-11/22 on-call eng srvcs:pw traffic 3,175.00 3,175.00 162388 01/09/2014 008530 WITMER ASSOCIATES INC Fire equip/supplies: Explorers 389.00 Fire equip/supplies: Explorers 94.50 483.50 162389 01/09/2014 009512 WURMS JANITORIAL Jan janitorial services:city facs 19,131.54 19,131.54 SERVICES, INC 999753 12/30/2013 011751 PUAHI'S POLYNESIAN refund:sec dep:rm rental:Harveston 200.00 200.00 DANCERS INC 999754 01/08/2014 016537 BAKER, TRICIA refund hands on science: 1891.102 52.00 52.00 999755 01/08/2014 016538 CAMPBELL, JESSICA refund: beginning basketball: 2400.101 30.40 30.40 999756 01/08/2014 016535 CASH, MEGAN refund:tiny tots: 1045.101 8.00 8.00 Page apChkLst Final Check List Page: 7 01/09/2014 12:50:03PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 999757 01/08/2014 016536 FISCHER, JACKIE refund: jr sports: 1860.104 999758 01/08/2014 016534 MARSH, BILL refund: temecula rod run: 8500.301 Amount Paid Check Total 105.00 105.00 35.00 35.00 Grand total for UNION BANK OF CALIFORNIA: 707,694.97 Page:7 apChkLst Final Check List Page: 8 01/09/2014 12:50:03PM CITY OF TEMECULA 95 checks in this report. Grand Total All Checks: 707,694.97 Page:8 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeff Kubel, Chief of Police DATE: January 28, 2014 SUBJECT: First Amendment to Agreement for Police Motorcycle Repair and Maintenance PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Temecula Motorsports, Inc., in the amount of $25,000, for Police Motorcycle Repair and Maintenance, bringing the total Fiscal Year 2013-14 contract amount to $55,000. BACKGROUND: Temecula Motorsports provides maintenance and repair services for eleven Police Department Honda motorcycles and one BMW motorcycle. They have been providing this service for the past six years and their performance has been satisfactory, keeping the motorcycle fleet in working order. In Fiscal Year 2013-14, the Temecula Police Department Traffic Division is utilizing Temecula Motorsports as the primary vendor for motorcycle maintenance and repair. This allows for reduced repair costs as well as a reduction in the amount of time Police staff spend to track repairs and maintenance. In addition, as the motorcycle fleet is aging, five of our motorcycles have aged out of the warranty period, necessitating repairs not covered by the warranty. This brings the estimated total maintenance cost at Temecula Motorsports for Fiscal Year 2013-14 to $55,000. FISCAL IMPACT: Adequate funds exist within the Fiscal Year 2013-14 Police Department budget to meet the annual expenditure of $55,000. ATTACHMENTS: First Amendment PD14-10 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA MOTORSPORTS, INC. FOR POLICE MOTORCYCLE REPAIR & MAINTENANCE THIS FIRST AMENDMENT is made and entered into as of January 28, 2014 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Temecula Motorsports, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Agreement $30,000.00. $25,000.00, 2. amended to This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2013, the City and Contractor entered into that certain entitled "Agreement for "Motorcycle Repair & Maintenance," in the amount of b. The parties now desire to increase the payment in the amount of amend the Agreement as set forth in this Amendment. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Twenty - Five Thousand Dollars and No Cents ($25,000.00), for additional motorcycle repair and maintenance for a total Agreement amount of Fifty -Five Thousand Dollars and No Cents ($55,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-14/Temecula Motorsports, Inc./Amendment 1.Police Motorcycle Maint and Repair.PD14-10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA TEMECULA MOTORSPORTS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Jerry Gilding, President ATTEST: By: By: Gwyn R. Flores, CMC, Acting City Phil Acton, Vice President Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Temecula Motorsports, Inc. Attn: Robert Vegter 2860 Jefferson Avenue Murrieta, CA 92562 Phone: 951-698-4123 Fax: 951-698-4123 rvegter@calmsg.com PM Initials: D Q Date: J/ 2 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-14/Temecula Motorsports, Inc./Amendment 1.Police Motorcycle Maint and Repair.PD14-10 Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: January 28, 2014 SUBJECT: Approval of the Fiscal Year 2014-15 Temecula Valley Tourism Business Improvement District (TVTBID) Annual Report and Levy of an Assessment against Lodging Businesses within the TVTBID for Fiscal Year 2014-15 PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ANNUAL REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2014-15 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 2. Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) FOR FISCAL YEAR 2014-15 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF BACKGROUND: In December of 2005, at the request of all the lodging businesses within the City, the City Council took the necessary actions and formed the Temecula Valley Tourism Business Improvement District (TVTBID), codified as Chapter 3.40 of the Temecula Municipal Code, to promote tourism in Temecula. Thereafter, the City Council was authorized to undertake proceedings to annually levy assessments against lodging businesses within the TVTBID pursuant to the Parking and Business Improvement Area Law of 1989. On November 24, 2009, again at the request of all the lodging businesses within the City, the City Council City Council initiated the necessary actions to increase the assessment from 2% to 4% of the rent charged by the operator per occupied room per night. The primary purpose of the 4% assessment is to provide sufficient funding to support marketing activities promoting tourism to specially benefit lodging businesses located within in the District. As annually required, and with the full support of all the lodging businesses within the City as evidenced by the signed petition attached, Staff has prepared the necessary resolutions to preliminarily approve the Annual Report, Proposed Budget and Marketing Plan; and set a Public Hearing on the assessment proposed for Fiscal Year 2014-2015. At the Public Hearing, testimony may be heard and protests may be made by any person with an interest in the proposed levy. In the absence of a majority protest, Staff will prepare a final resolution confirming the assessments for Fiscal Year 2014-15 to be brought forward at the scheduled Public Hearing on February 11, 2014. Upon approval, Staff will proceed to levy the assessment for the Fiscal Year 2014-15 (March 1, 2014 through February 28, 2015) as authorized by City Council. FISCAL IMPACT: It is anticipated that the 4% annual assessment will result in the collection of approximately $1,286,163 in Fiscal Year 2014-15, which would be used by the Temecula Valley Convention and Visitors Bureau for the promotion of tourism to specially benefit the assessed lodging businesses in the district. The City will retain up to 2% of the collected assessment, or approximately $25,723, to offset administrative costs. ATTACHMENTS: 1. Resolution — Approving Advisory Board Report 2. Resolution — Intention to Levy 3. TID Hotel Signature List- Petition for Continuation 4. Temecula Valley Convention & Visitors Bureau 2014-2015 Annual Report — Proposed Budget and Marketing Plan 5. Temecula Valley Convention & Visitors Bureau 2013-2014 Budget and Marketing Plan RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ANNUAL REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2014-15 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: A. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq., (the "Law") authorizes the City Council of the City of Temecula (the "City Council") to annually levy an assessment against businesses within a business improvement area for the purpose of promoting tourism, which is in addition to any assessments, fees, charges or taxes imposed in the City of Temecula (the "City"). B. Pursuant to the Law, the City Council enacted Chapter 3.40 of the Temecula Municipal Code, establishing the Temecula Valley Tourism Business Improvement District in the City (the "TVTBID"). C. The Law requires the City Council to appoint an advisory board which shall prepare an annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the activities described in the report and which shall make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. D. By Resolution No. 05-121, the City Council appointed the Temecula Valley Tourism Business Improvement District Advisory Board to serve as the advisory board for the TVTBID (the "Advisory Board"). E. In accordance with Section 36533 of the Law, the Advisory Board has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report for Fiscal Year 2014-15 in connection with the proposed levy of an assessment against lodging businesses within the TVTBID entitled, "Temecula Valley Tourism Business Improvement District 2014-15 Annual Marketing Plan Budget and Marketing Plan" (the "Report"). Section 2. The City Council has examined and reviewed the Report, and such report is hereby preliminarily approved as filed. Section 3. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of January, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of January, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) FOR FISCAL YEAR 2014-15 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq., (the "Law") authorizes the City Council of the City of Temecula (the "City Council") to annually levy an assessment against businesses within a business improvement area for the purpose of promoting tourism, which is in addition to any assessments, fees, charges or taxes imposed in the City of Temecula (the "City"). Section 2. That pursuant to the Law, the City Council enacted Chapter 3.40 of the Temecula Municipal Code establishing the Temecula Valley Tourism Business Improvement District in the City (the "TVTBID"). Section 3. That the Law requires the City Council to appoint an advisory board which shall prepare an annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the activities described in the report and which shall make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. Section 4. By Resolution No. 05-121, the City Council appointed the Temecula Valley Tourism Business Improvement District Advisory Board to serve as the advisory board for the TVTBID (the "Advisory Board"). Section 5. In accordance with Section 36533 of the Law, the Advisory Board has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report for Fiscal Year 2014-15 in connection with the proposed levy of an assessment against lodging businesses within the TVTBID entitled, "Temecula Valley Tourism Business Improvement District 2014-15 Annual Marketing Plan Budget and Marketing Plan" (the "Report") and, by previous resolution, the City Council preliminarily approved the Report as filed. Section 6. The boundaries of the TVTBID are the boundaries of the City, and include all lodging businesses therein. Section 7. The City Council hereby declares its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment against lodging businesses within the TVTBID boundaries pursuant to the Law for Fiscal Year 2014-15 (March 1, 2014 to February 28, 2015). Such assessment is not proposed to increase from the assessment levied and collected in the TVTBID for Fiscal Year 2013-14. The proposed Fiscal Year 2014-15 TVTBID assessment is to be levied on all lodging businesses, defined in Temecula Municipal Code Section 3.40.020 to mean hotels, motels, and bed and breakfasts, within the TVTBID boundaries based upon four percent (4%) of the rent charged by the operator per occupied room per night. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons, as defined in Municipal Code Section 3.20.040, will be exempt from the levy of the assessment. The assessments will not be included in gross room rental revenue for the purpose of determining the amount of the Transient Occupancy Tax imposed pursuant to Chapter 3.20 of the Municipal Code. New lodging businesses established within the boundaries of the TVTBID after the beginning of the 2014-15 fiscal year will not be exempt from the levy of the Fiscal Year 2014-15 assessment. The assessment shall be collected in monthly installments as set forth in Chapter 3.40 of the Municipal Code. Section 8. The revenues raised from the levy and collection of the assessment shall be used for marketing and promotions to increase tourism and market the Temecula Valley area as a tourist destination which specially benefit lodging businesses located and operating within the boundaries of the TVTBID as provided for in Chapter 3.40 of the Municipal Code, and shall not be used for any other purposes. The City shall retain two percent (2%) of the collected revenues to pay for collecting the assessments and administering the TVTBID. Section 9. The City Council hereby fixes the time and place for a public hearing on the proposed levy of the Fiscal Year 2014-15 assessment against lodging businesses within the TVTBID as follows: Time: 7:00 p.m. Date: February 11, 2014 Place: City of Temecula City Council Chambers 41000 Main Street Temecula, California. Section 10. At the public hearing the testimony of all interested persons regarding the levy of the assessment within the TVTBID for Fiscal Year 2014-15 will be heard. A protest may be made orally or in writing at the public hearing. A. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. B. Every written protest must be filed with the City Clerk at or before the time fixed herein for the public hearing. Written protests may be delivered or mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California, 92590. C. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. D. Each written protest must contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. If the owner of the business is a corporation, LLC, partnership or other legal entity, the authorized representative for the entity shall be authorized to sign the protest. Section 11. If at the conclusion of the public hearing, there are of record, written protests (submitted and not withdrawn) by the owners of the businesses within the TVTBID that will pay fifty percent (50%) or more of the total assessments of the entire TVTBID, no further proceedings to levy the proposed Fiscal Year 2014-15 assessment, as contained in this Resolution, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority of written protests is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the TVTBID. Section 12. Further information regarding the TVTBID may be obtained from the City Clerk, City of Temecula, 41000 Main Street, Temecula, California, 92590. For a full and detailed description of the boundaries of the TVTBID, the activities to be provided for Fiscal Year 2013-14 and the proposed Fiscal Year 2014-15 assessment, reference is hereby made to the Report of the Advisory Board. The Report is on file in the office of the City Clerk and open to public inspection. Section 13. The City Clerk is instructed to provide notice of the public hearing by publishing this Resolution in a newspaper of general circulation in the City, at least seven days before the hearing. Section 14. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of January, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of January, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk SOUTHERN CAk..iF JRNIA WINE COUNTRY December 18, 2013 Convention and ( Visitors Bureau Petition for Continuation of TVTBID for Fiscal Year 2014-2015 As a representative of one of the fifteen TID Lodging establishments in the City of Temecula, I express my consent to the assess + ents *_ - ; uest approval of the assessments by the Temecula City Council. 1) Best W ser 2) OJT,/ 3 4) m Country In Represe ative epresentative Difend dd'Sfay Repre F' ative Fairfield Inn & Suite 5) 1/11 L. s J, 6) epresentative Hampt. I n & uiteRepresentative Holiy Inn Express Representative uites Rep es- tative 9) u,11kGifi (77 Print Name & Title nr116 !tee'--Shikh jefth/ Print Name & Title 4-k Vm.a- Print Name & Title PrName & Title Nat Gets G ghat) •41 &-ehr,i '('1'"''d Print Name & Titl Kut L- jj -- /(4- Print .Print Name & Title Print Name_& Title )1VeVi�-4 i Print rpe & Ti le 74/t0 5 entative Print Name & Title gCA) LC} X57 wtY€k?- C , . ualit Inn Wine Count epresentative Printf Name & Title 11) : AN('- Z 4/14 Ramada Inn Represent. ive 12) 11C(111 RanchoCalifornia Inn Representative 13) 41-c) -c) 1� Rodeway Inn Re _esentative 14) Print Name & Title (ekty,- (NO\ Print Name & Title h o vh Fc Fe m ti n Y Print Name & Title kR5s leA1 i. Spring Hill Suites `presentative 15) Print Name & Title Temecula Creek Inn Representative Print Name & Title 28690 mercedes st • suite a • temecula ca 92590 951.491.6085 888.363.2852 fax 951.491.6089 temeculacvb.com December 18, 2013 Petition for Continuation of TVTBID for Fiscal Year 2014-2015 As a representative of one of the fifteen TID Lodging establishments in the City of Temecula, I express my consent to the assessments and request approval of the assessments by the Temecula City Council. qz41 � WftuicOUl flY (7, nvention and Visitors Bureau 2) BestW ster (1 Country Inn Representative r; Massy Suites 0 I epreseftative 3) Extended Stay Representative 4) Fairfield Inn & Suite epresentative Print Name & Title Ogrrin Print Name & Title Print Name & Title Print Name &Title Ala S 6 -en N I SI/dam `ultes Representative Moll+ y. Inn Express Representative La Qui 8) el 6 Representa iv 9} Print Name & Tltl KUKA' l Kikl��w Print Name & Title I OA sµ. P i IrR -- C • Print Nam 1& Title Print Name & Title Paloma lotel Re.ntative 10) uallt Inn Wine Cotfntr 11) epresentative Ramada Inn Representa ive 12}4I ,0 Rancho California Inn Representative 13) ✓r Gem Rodeway Inn Re esentative 14) SpringHill Suites " rs;se tatIve 4' Temecula Creek Inn Representative 28690 mercedes st • suite a • tenacula ca 92590 em ei I Print Name & Title ge,,.s es'7 Yge. ta, , Print Name & Title /k///( 444 A4 Print Name & Title f �x girl .gckk Print Name & Title (3hClY h. Pc; J -e Print Name & Title fri A t1 A cv 415-s( e, Ci.lut Print Name & Title Print Name & Title 951.491,6085 888.363.2852 fax 951.491.6089 lemeculacvb.com 2014-15 Marketing PR Schedule To u 0 Lin • ro (P. E (13 LLI v 1/o � u� a awe o • • • • a 2 c a.. ce o • • • Q 2 CL CC 0 tel • . • np0 2 • • • Qui o • • • d! Y sc C 0 O b yy 7 a lL 4 YL iQ . m F a C 6. it a S • • • • . • �- Ii - x E m K3F a D1 �a u C 7 l01 li T 6 ... J R W m 0... 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(0 co t- co 0 V co'. r M W 69 6a 69 69 69 6) H 0 69 69 0 EA 69 6a 6) EA W 0 0 O 0 ON) 0 0 CO ri tV 3 1cN�O N N g 0 Or CO V 0 CO CO 0) 0 co r 7 M T 6) 69 6a 69 69 0 69 a o0 (co 00) CO(00 0 n 0 N N N g Y) 0 0 cO O 0 co 00 r 0) .- (0 N Ci of 6) 69 6a 69 69 69 6a (9 o 0 0 o w o 0 0 co o o n N co Oi O O c0 0 o co N co- o o- to 6a 69 69 69 69 69 44 0 0 Marketing Dept a 0 f 0 0 N Visitor Center 0 0 0 0 0 0 o 0 0 co o r O— r co co M (0O .t CO r of 0) 0) T 69 69 69 69 6a 69 0 69 69 N 0 0 0 0 0 0 0 0 0 0) 0 0 o 66 o s, �0O (co o r i n 7 (`D (0 T 0 r C) 0) Y" 69 6a 69 0 49 69 69 d) 69 N 0 0 0 0 0 0 0 0 0 coNO O O T N (o o N. o i.--.. 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WCI N 12 N N N N N N N N N N N M N A gggsgsgs N N N tV d N N n m m M a N N M N N N H N N N N .3 M N Advertising -Marketing Trade Show Participation 0- a Promotional Items Operating Cost 78,236.00 $ 82,911.00 1441 9 122,181.00 $ 119,387.00 $ 128,864.00 TIT Total Expenses J 0 F- 7 RI a � N N a O a 0a 0 t O C ate. 0 CD C C O M U To cr' t. r a+ 0 E c C H N Mar '14- Feb 15 Nr N O 0 Z (.1 0 co 5 m 2 0 ) 0 N Tr V 0 0 0 (O o 0 N o- s - 0 r o v 0 0 0 (00 COCON CV 0 N O 0 M O 'Q 0 0 0 (0O CO CO N N 0 CO M 000'1' coN 0 0 0 M N co - 0 W CO N o 0 (n M N O 0 07 r CO0M 0 0 0 0 N CO N 0 0 0 M r (0 CO0M 0 0 0 0 0 M N O O 0 co- r (O CO0M 0 0 00 u0 M N O 00 M r 000 CO 0 0 0 (O M N O CO- M r CO 0 CO0 0 LL7 M N 0 0 M r o0 M 0 0 0 (0 co N O 0 M r CO0CO 0 0 0 0 CO N O 0 M r CO CO N 0 00 (0 CO N 0 Advertising - Website Investment Revenue Membership Dues Merchandise Sales Sales -Publications dr 01 a- CO M (0 0 r a aNr M CV 0 0) M M M 0) s- W 0 0) M V 00 0) M M CO CO LO N. 0) C6 M CO 0) 0) M M COCV 0 V co MV Total Income co - 2 2 0) m d< Q w Advertising -Website Dues & Subscriptions Event Hosting, Industry Sales Event Hosting, Local Community W M o Nr 0 co 7 0 0 N 0 M 0 03 0 0 CO 03 O CO v (0D 0) CO N O 0 CO Ul 7 O O 0 CO 0 0 7 M (0 O 0 Cr V (1) 0 0 0 M 000 L13 0 7 (OD 0 CO 0 0 0) V • O 0 0 0 0 O CO LO Nr V (00 F.11 (O U/0 00 CD CD0 CCOO (O CO 7 • N 0 W r N 0 N- (00 0 I� 0) (0 'Cr U) 0 ,`-‘20 O O 7 co (0 O f- O r 0 co (00 0 0 V N r 0 CO (0 0 0 0) 7 u) N o CO V (0 Office Supplies Personnel Costs Professional Fees 0 w > c 0( Telecommunications Property Taxes • • • Travel & Entertainment m 1 0 N (0 m 0 N r e -I co co 00 CO 00 M M co M M M CO M Total Expenses J 0 H w v m O N > 08 O IP • N > • Q C oa ✓ • a g LL O co b co >> N co m 7 10 ip r rt y 7 F• N0 Mar '13 - Feb 14 0 0 0 ui O O O O 0 O O ' ' O O 1n 0 1 Tr 7 o 0 0 o 0 0 C/ O o LO- 0 0- 'r v Total Income Film Commission Marketing Total Expense Collaborate Second Quarter AUGUST 2014 JULY 2014 JUNE 2014 APRIL 2014 MARCH 2014 cpC0 U Temecula On The Road tl L HelmsBriscoe SLOz A21Vf12183:—PLOZ H32IVW 21VGN31V3 MOHS 3aV211 a3SOdO2Id i iV21a Trade Show Markets M • 0 O 63 Ul F Y Fn O O '611 ill a+ 0 a 1 LL 0 1 1— February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 Temecula On The Road SLOz A21Vf12183l—VLOz HO21VW dV N31V3 MOHS 3OV211 O3SOdO21d Trade Show Markets 111 111 SOUTHERN CALIFORNIA WINE COUNTRY Convention and �V Visitors Bureau Temecula Ve [ley Convention & Visitors Bureau T8!is AnnIra I Report of Act vi 1 The Temecula Valley Convention & Visitors Bureau (TVCVB) is a non profit 501 c(6) funded by the Temecula Valley Tourism Business Improvement District, Pechanga, City of Temecula and a membership of over 168 tourism -related businesses. The TVCVB is the destination sales and marketing organization. Our purpose is to stimulate economic growth and tourism in the Temecula Valley region by developing and marketing the desti- nation to the meeting and travel markets. Our mission, as the tourism experts in the Temecula Valley, is to run an effective business that increases awareness and measures the spending in the Temecula Valley. Our Board of Directors are comprised of business owners and professionals who have experience and willingness to serve the community beyond the scope of their demanding work sched- ules. Their volunteer responsibilities include steering company policy, financial oversight, and determining the future course of the Bureau's mission. r-7, President & CEO Kimberly Adams VP, Finance & Operations Carrie Penny VP, Sales & Marketing Diane Lombardo Director of Sales & Marketing Rubin Labin Marketing & PR Manager Annette Brown IT & Online Technologies Manager Sam Robinson 2 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities Sales & Marketing Coordinator Andrea Bowman Marketing Coordinator Marlene Wallace Finance/Bookkeeping Leigh Jensen Visitor Center Specialists Pamela Locascio Becky Hess Pam Greenway Membership Coordinator Leann Anderson Contracted Support Nigro & Nigro, PC ARK Marketing BOARD OF D -aRS Executive Committee 2013 Chairman of the Board Ken Westmyer, Quality Inn-TID 1st Vice Chairman Cherise Manning, A Grape Escape Balloon Adventure 1st Vice Chairman-TID Tom DeMott, Temecula Creek Inn -TID 2nd Vice Chairman Craig Puma, The Bank Mexican Restaurant Treasurer Bill Wilson, Wilson Creek Winery Secretary Melody Brunsting, Melody's Ad Works Directors 2013 Grant Channing, Pechanga Resort & Casino Kym Espinosa, Promenade Temecula Denis Ferguson, Europa Village, LLC Krissie Guerra, SpringHill Suites by Marriott John Kelliher, The Grapeline WC Shuttle Kunal Khandwala, Holiday Inn Express-TID Ben Kulak, Embassy Suites-TID Crystal Magon, South Coast Winery Resort & Spa Carlos Palma, Palomar Inn Hotel-TID Robert Renzoni, Robert Renzoni Vineyards Mario Robles -Richmond, Triple R Sports Bill Seltzer, Temecula Valley Golf School Jan Smith, Inland Management Group Nadine Steddom , Hampton Inn & Suites- TID Greetings, 2013 has proven to be another come -back year for Temecula with total direct spending in Temecula at $625 million in 2012, a 4.5% in- crease from 2011 spending. Travel spending directly supported over 6,580 jobs (+2.5%), with earnings of $186.70 (+3.8%). YTD, the Temecula lodging industry visitor occupancy is up 5.2% with revenue up 9.4% (as of November, 2013). The Temecula Valley Convention & Visitors Bureau celebrated our ninth year as a non profit organization. Our board members, staff and volun- teers worked incredibly hard to stay progressive and competitive with our destination product while keeping our competitive edge. With the launch of our five-year tourism strategic plan in 2011, our highly motived passionate group achieved 98% of all of our tasks in 2013 with our primary goal to drive demand for overnight visitors during targeted times of the year in an effort to generate increased revenue, taxes and employment for Temecula. As part of our strategic priorities, the TVCVB Board and staff launched our Visitor Touch Screens Kiosks, Destination Master Calendar, and our online Event Resource Guide. We stayed focused and achieved many milestones through our targeted activities, which resulted in over $6 million dollars in sales lodging leads, and landed a Temecula episode on the Food Network show, Restaurant Express, reaching over 10.4 million viewers. Our Visitor Center continues to see visitors from all over the US and Worldwide with our top visitors coming from Canada and South Korea. Kimberly Adams - President & CEO Temecula Valley Convention & Visitors Bureau • Results are based on 10 -months of reporting for FY 2013-2014 (March 2013— December 2013) • TVTBID runs March 1, 2013— February 28, 2014 3 Temecula Valley Convention & Visitors Bureau TBD Annual Report of Activities IF OVERVIEW The hospitality industry has recovered in Temecula FY 2013-2014 based our 2012 year-end Economic Impact Study. We have recovered over $90 million in revenue from 2009 and had an increase of $25 million. The industry has seen many changes in lodging ADR, indicating that we are climbing back and still seeing impacts by the economy, where positive movement continues to be on the rise. Consumer confidence is up and visi- tors are taking personal vacations. Our hotels are reporting growth with increases over prior year numbers once again. Average daily rates are in- creasing from 2012. Business meetings are still steadily climbing back to average numbers and leisure travel remains strong. In YTD FY 2013-2014 (through November,) the TVCVB has achieved our leads generated goals, assisting and or passing through over 104 leads to- taling over 25,307 YTD potential room nights and $6,714,836.00 in room night revenue. The TVCVB Sales Department continues to penetrate new business in mar- kets such as association, corporate, SMERF tour & travel business, which generated a growing number of leads. The TVCVB Sales Department experi- enced staffing changes once again, filling one open posi- 4 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities TRADE SHOW HIGHLIGHTS The YTD 2013-2014 trade show schedule saw a slight decrease in the number of shows the TVCVB attended compared to previous years, however, the schedule included a very diverse listing of shows, covering all markets of trav- el that the Temecula Valley benefits from. In FY 2013-2014 (through Novem- ber), the sales team participated in 8 trade shows, returning with leads repre- senting over 2,704 potential room nights and nearly $1,025,420 in projected economic impact for the Temecula Valley TID hotels, venues and event ser- vice providers. PERFORMANCE MEASURES MTD13-14 YTD13-14 New Sales Leads Definite Bookings Definite Room Nights (Contracted) Estimated Economic Impact Sales Leads Lost Bus./Postponed/Cxl'd/ Declined 3 73 1 20 2,724 $1,025,420 20 $2,92o 6 43 ACTIVITY MEASURES MTD 13-14 YTD 13-14 Number of Tradeshows Attended/Exhibited Number of Sales Missions (Client Events) 1 12 Number of Familiarization Tours 1 2 Number of Client Site Inspections 1 17 0 8 Number of Outside Client Appointments 4 112 sales .. n`A i—a GHTS In conjunction with on-going sales calls, missions and trade shows, the sales team initiated, or was involved in special sales projects and events. These ac- tivities generated lead opportunities and increased the visibility of the Temecu- la Valley CVB to target audiences. Among these activities were: CIty-V cde Familiarization Tours Summerfest and Winterfest FAM Tours targeting Meeting & Event Planners, Tour Operators, Travel Agents and Media Summerfest Tour was dedicated to our international tour operators from all over the world highlighting Old Town, Wine Country & Pechanga and showcasing numerous tourism partner busi- nesses. Our Winterfest FAM tour targeted new business and existing clients from Southern California. iouak vvi'ta Brand USA a€ .% c 6 California The International Tour Operator FAM Tour showcased and introduced the Temecula Valley to tour operators and media from China, Japan and South Ko- rea. ;n -Market Saies Events "Temecula on the Road" receptions, in Orange County and Los Angeles offered Meeting & Event Planners, Tour Operators and Travel Agents the opportunity to meet one-on-one with key Temecula Valley Partners and sample local Temecula wines and food pairings at venues in their own region. 5 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities T R A.OES OW S/E ;;TS Trade Show In -Market Trade Show Trade Show In -Market Trade Show FAM Trade Show Trade Show In -Market In -Market Trade Show Trade Show FAM In -Market Trade Show Trade Show MPLETED ED AND SCHEDULED Vancouver Golf & Travel Show Canadian Sales Mission MMPI So Cal, SD OC Ed Con NASC Sports Event Symposium Temecula on the Road HSMAIs MEET Summerfest FAM Tour International Pow Wow Co -Op Collaborate Marketplace Temecula on the Road Temecula on the Road IMAX CaISAE Seasonal Spectacular Winterfest FAM Tour Temecula on the Road National Tour Association Go West Summit Vancouver Vancouver San Diego,CA Louisville, KY Los Angeles,CA Anaheim, CA Temecula, CA Las Vegas, NV Denver, CO Los Angeles, CA Orange County Las Vegas, NV Sacramento, CA Temecula, CA San Diego, CA Los Angeles, CA Tacoma, WA March 2013 March 2013 April 2013 April, 2013 May 2013 May 2013 June 2013 June 2013 June, 2013 July 2013 September 2013 November 2013 December 2013 December 2013 January 2014 February, 2014 February, 2014 or The TVCVB works hard to build professional relationships with media outlets and representatives in various markets to build and maintain awareness of the Temec- ula Valley as a travel destination. The TVCVB supplies the media with current infor- mation, editorial content, story ideas and imagery. Our activities generated over $35 million impressions of in-kind press editorials, publications and on-line press. PRESS RELEASE(' A total of 25 press releases were issued by the TVCVB and 5 by Visit California dur- ing the fiscal year. Additionally, the TVCVB serviced many releases from partners to media. Press releases supported the Temecula Valley Southern California Wine Country brand as an entertainment, wine, golf, cultural, meeting, wedding, sports and culinary destination. On behalf of the TVCVB and its partners, media visits are secured to promote the destination with the goal of securing valuable editorial coverage. The TVCVB sup- ported and attended over 11 Media Events, PR Missions and Trade Shows. Hosted over 16 TVCVB Media guests, both domestic and international. With the purpose of networking and building connections with travel and lifestyle media, members of the TVCVB marketing department attended the Visit California media event in LA in February, New York and Canada. Media coverage includes: Copa Airlines, News4Travel, Radio Formula, CD -Traveller from UK, Russia, Mexico, Portu- gal, and Australia. Through public relations efforts working with traditional and new media outlets, the TVCVB continues to exceed our expectations in reaching an audience of more than 35 million potential visitors. 6 Temecula VaIley Convention & Visitors Bureau TBID Annual Report of Activities PRESS RELEASE PERFORMANCE MEASURES MTD 13-14 YTD 13-14 Press Releases Issued 6 Media Deliveries 10,994 Total Impressions 73,064 Total Online Pick-up 230 2, 64,799 35 Million 1,146 ACTIVITY MEASURES MTD 13-14 YTD 13-14 Media Events/PR Missions/Tradeshows Media Familiarization Tours Hosted Press Trips—Domestic Hosted Press Trips—International Media Pitches Press Kits Distributed Image Distribution Magazine/Online Leads 2 0 15 11 6 0 11 5 7 4 165 200 53 1,106 VISIT CALIFORNIA PARTNERSHIP MTD 13-14 YTD 13-14 Website Coverage IE/Temecula Social Media Impressions Visitor Guide Leads Co-Op's 2,739 0 39 2 13,602 1,234,369 448 5 PRINT ADVERTISIIer The TVCVB and Media buyer, ARK Marketing & Media, continue to negotiate better advertising rates during FY 2013--2014. Traditional print campaigns are still an important tool to reach our niche market visitors. Targeted print- ed advertising was placed in the California Visitors Guide, Sunset Magazine, CTTC Drives. The TVCVB provided the editorial content to include suggested itineraries, TID and partner listings with property details, logos and images. °WINE BANNER ADVERTISING Target marketing, message tailoring, flexible rates, creativity, exposure, speed, and measureable ROI are the top reasons for the growth and attrac- tiveness of the online advertising for the TVCVB. Online campaign and the use of technology continues to be the most effect marketing and advertising tool for the Temecula Valley CVB, as well as targeted drive markets in South- ern California for meeting and leisure travelers. We continue to use branding banner advertising to maximize online technol- ogy, for the promotion of hotel room bookings, video tour and our new Cal- endar of Events. Strategic placement on top travel sites, Trip Advisor, Multi Travel and Media Sites, Visit California, C -vent, MPI, Cal SAE, NTA, US Travel Association, Go West WACVB and DMAI. TOTAL MEDIA Placement IMPRES- SIONS: 2.1 Million. F-MARKETINI -- The TVCVB utilized e -marketing to communicate regularly with members, meeting professionals and potential visitors, as well as to build brand loyalty. The e -marketing promotes new, upcoming events and special promotions as well as compliments our advertising and public relations outreach for hotels and member partners. 7 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities ADVERTISING PERFORMANCE MEASURES MTD 13-14 YTD 13-14 Advertising (Paid Print, Radio, Digital & Direct Mail) 5 20 Total Paid Print Reach (Circulation) 70,000 717,000 Impressions Delivered 1,287,566 2,149,844 INQUIRIES E-mails Consumer Calls (888 Toll -Free Number) Advertising Leads MTD 13-14 YTD 13-14 31 90 389 208 866 4,103 toma>cula valloy tomeculo valley visi' temecula vallc IIII ff ter -no -tufa valley visitors gta VisitTemecula.org Debuts Top 10 Days and Nights Midweek in Temecula Valley Southern California Wine 0 13 Vnert,+r,Kle Major Turkey Donation Just in Time For Thanksgiving Celebrate New Snow Bell Rockin' Nights in Southern California Wine Country's Old Town Temecula 11r2L7a17 View Article Temecula Valley Debuts FilmTemecula.com Temecula Valley Recognized as a Top Up -And -Coming Wine Region VisitTemecula.org Introduces 5 of the Celebrated Chefs and Restaurants of Temecula Valley O&1312013 View Article ula.org Announces New Honeymoon TOp 10 in STREET PAINTING WORKSHOP SATORBAY. MAY 10 IN OLD TOWN TEMECULA 9th Anneal T.mecWs Y.lne & Musk Wseemecula.org Answers Adreid,M'ers' *wire InclublesWlt Temecula Valley Wine County to Hatt 39th Annual Grape Day 1 COnA renew Southern California Wine Country 43 Unique Ways to Wine Taste in Temecula Valley Southern California Wine Country Temecula Bluegrass Festival Headliner Nominated for 2012 Grammy e ._nnmem ..—•- —•e r. M P 'eb O PRWeb 044, r Vlalftem.cula. org Announce At/1 m %.2013 Top 10 Festivals and Events in Tenacula Valley 000tha n Ctlllom la wino Country V. So.. ono n,...Fro. rFals FM, Tw IQ Fon. ow Eve.Wan IN wmm m.`""m awn .aa VIM,. Ore^ LJ. LOME. 1111rw.rm Vey rxr Warr' liklt 11112132 • Temecula Valley's 8 Temecula Valley Convention & Visitors Bureau TBID Annual Report o Activities SOW camelESCAPE TO TEYE(TILCS WM CODNTRT 104,642 e -newsletters went outwi:h Temecuh branded 300X250 banners 0 .ene 6,1 1 neva,.. ann... ® ild isilTen.ecula o.y.l.uuers Adventurers Ongoing Inquiries ith Topp Big SkyAerial } periences In and .ground emecule llcy Southern Califoroie Nine Country r�e..a.pn ana..rt 4 11:1111F 112111 -U'fell 'make Erloti19festalars !� Te II.YPatdl Tomer, •R ncneq *t bn To Reopen Fen. Men FRO ...�,. - .,-.. r_ tr. :,..�.. manniminFr ell.star sr, Ede..161 TIF aympsiuse l fnnelrYlru.G.a.sr ,m..sv.eertm.urn'+ryr trymtarrurlia nier.eerirAniiinpen rte idneeelnelereorrenn re•rtererireirtaantrrr4 nnemeed ere .I.tlrana VaelnAtmt4an !✓.near relent rielier In toner en Inutelrr+rt.1 rtWrrelenne t 331/11116 :st N•_ " twy.re Lei Wim. Jw ..stogn Please marlcyour calendar for Thursday, May 16 2013, horn A. 00pm -8 0065311er an 07061 9 of Wine Tasting and Networking with your friends hem the Temecula Valley Convent., & Visitors bureau The event will lake place in your neighborhood aM more details goal lolow slgnyt Cam. 1c d Y.Pmra &.IrlMa 0rw3wawm L,1-,. 4.4w AM.. Bowl= tp as a..ra �n..r66 faYeU Mnk.5 gAS.. 300634 033,2,636 (9511222, 13,1 (91)252 951� (951)252-2146 we look forward to seeing you at , E.; 2May0213 bring or submit your RFP and earn up to $1000' %rrsE30 to &ling on RFP to booth +617 will receive a1T o.errught stay! PLANNING GUIDE VIDEO TOUR TEMECULA MAPS WINERIES •P.cnk y11,1 p:nnp lit n pall 1170!197 TOm:.enln Jndoy Hold and nnrn up 10 9 IUl)0 1.1..,slcr Aeaticl,t t 10(1(1 or 0th Dell 0261 I)'0-rl'nre 8S1141 s MEE. 50rs1 when sea bllntlegyn1ar RFP For con- p'011 In!orrnnl:nn (1f 90 here lemr „I,VilryCorvr•,!,r .R V; t rral' repo, t5^_w Mercedes ', Su :c A Temecula C L v:.vo �yc�IL ctil'�` Visit Us and Receive a Temecula Olive Oil Gift Pack* We loo/JJneard to 25917 121(1,) 111'.)1 a eek'5 MPI Southern Calfbrmo, San Uoero and Omnsc' Counho Chaptersfomt Mewls/nut 04.r -remand lank 51111n! Pleu,o lame eisd us 61 aur booth nn F'nda), 511115, 2012 ul he Man, he,ler Grum/ Moll in Son U5rgo! 81-mmour 811129)//111131/11.0201)2 d .12m12ld2 Ol 1-,e 011 (qt Pack!. thank you for attending -T I� 'f rie'� tic s PFSA1..aa ./x!�raiax.r Cn/ •..• raa a sU:-`IrgvyPFD oral-earnUhto$1000' LIANNtNry F.ANO4 DWING VID&0 TOW TEMECULA MAPS TPAN1S1Pa4TATIi7N WilgroA16S �,.up.tc's Si ]33 7.GIl5/02 Acz^ at"vra Vim D.1:61 -. 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YYIM.A.Aaf',r•FMU.-...Vo 16ir1I4}.71B12 111' c-47:ecreAvelf. 4e, -- .Kne algal To.ecuia Valley Southern Calriamia Wine County try wine Y•...i.. x"ry ,[p x`rmnlna 7C"L.a(/ey;,Et's[lo;VC-� stay the night wine suaydavc W INTERTEST DIGITAL MEDIA RICH ADVERTISEMENTS Temecula Valley Southern California Wine Country Hotel, Wine Tour & Picnic Lunch Package. x�,art^65t r i{©rnlo Tart .d�y���� Ga�nerrrn nowS44114 TEMECUL/ 71311 www, iaitTemecul org/WineWedn.awys 11 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities X158 CLICK HERE TO eOOK NOW c ;, 11111E, - i W INTERTEST LANDING PAGE HEADER WIN kwa packpgvx� -_ 1 The Temecula Valley Convention & Visitors Bureau continues to stay on the forefront of new technologies in social media. The TVCVB utilizes social media to promote the Temecula Valley Southern California Wine Country region, Temecula CVB partners and increase awareness of the Temecula Valley brand. The Visittemecula Facebook page started the year off with 23,000 fans and YTD we now have 30,218 fans. With the explosion of social media the TVCVB worked collectively with our partners to integrate our destination social media platform as an effective tool to drive aware- ness of our divested product offerings. We focused our messaging to include our new destination video which included "The Entertainment So Cal Wine Destination," "Extended Your Stay," "The Getaway That's Not Far Away," and "Stay the night." These campaign increased awareness and visitation. We continued to utilize the Facebook Fan page, twitter accounts for both meetings and visitors and encourage fans to enter to win, join the TVCVB mailing list and visit the TVCVB website at www.visittemecula.org. The TVCVB has increased attendance at events by promoting events on Facebook, Twitter and e -blast marketing. Social media has elevated our communication within our tourism community it has provided real time communication. The TVCVB team continues to use Twitter and Facebook as a virtual visitors center to answer and post visitor questions and insider tips, promote partners, attractions and recent press., The TVCVB launched our new destination Pinterest page this summer. Our media relationships continue to be viral through our social media channels and blogger partner. Pitching media and optimize press releases for social media has increased through reach through PRweb.com FOUR SQUARE MTD 13-14 YTD 13-14 Number of Followers 2 197 12 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities E-MAIL MARKETING CAMPAIGNS MTD 13-14 YTD 13-14 E -blast Campaigns Sent E-mails Delivered E-mails Opened Open rate CTR (AVG) O 22 O 97,785 O 27,220 O 24.26% O 2.27% FACEBOOK MTD 13-14 YTD 13-14 Number of Fans Number of Posts Total Engaged Average Engagement Rate 167 37 9,614 6.49% 29,718 323 80,293 6.76% TWITTER MID 13-14 YTD 13-14 Number of new Followers 76 Number of Posts 83 Number of Interactions 301 Average Engagement Rate 44% 4,143 856 5,363 17.33% INSTAGRAM MTD 13-14 YTD 13-14 Number of Followers 2 Number of Comments 0 Number of Likes 13 20 0 13 WWW.VISITTEMECU LA.ORG The official Temecula Valley, California visitor information portal is designed for con- sumers, travel trade, meeting planners, members and media. It features enhanced interactivity and functionality, including an interactive calendar of events, photo and video gallery. A booking engine search is prominently visible on all Bureau web pages a total of 31,291 booking searches were preformed on the TVCVB site. In 2013, YTD, we had 146,328 Unique Visits to our site and the mobi site sawn over 32,500 visits, showing that our visitor interest continues to grow. All online and print advertise- ment directs traffic to this site, which serves as a gateway to the official site. SITE VISITTEMECULA.ORG/ EVENTSTEMECULA.COM MTD 13-14 YTD 13-14 Number of Page Views Number of Unique Visits Average Time on Site (min) Bounce Rate 63,988 497,317 18,399 2:26 47.50% 146,328 2:39 50.51% MOBILE VISITTEMECULA .MOBI MTD 13-14 YTD 13-14 Number of Page Views Number of Unique Visits Average Time on Site (min) Bounce Rate 13 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities 12,824 122,133 3,286 32,500 1:49 2:03 48% 43.78% WEBSITE ENGAGEMENT/ACTIVITY MTD 13-14 YTD 13-14 Online Guide/Brochure Requests Number of E -Newsletter Registrants Total Website Engagements Site Conversions (Based on Engagement) Traffic to Sponsors (All Banner Ads) Booking Searches 3,533 Bookings 5 Booking Conversions .51% 72 65 1001 .58% 116,240 843 638 8,138 .73% 736,131 31,291 69 .72% O]11>=RV!E\ 1 The TVCVB produces publications essential to marketing the Temecula Valley as a destination for tourism and group business. In addition to their practical informational function, publications and collateral items also serve as call -to -action pieces and "new products" for the TVCVB to promote through public relations and advertising. .ViSITOR GLADE 6ti+rii: i iitica irL NIVcit , iji The Temecula Valley Visitor Guide is the region's official visitor information publication. In FY 2013- 2014, the TVCVB continues to partner with Member partners and local vendors to produce this publi- cation. The guide is designed to be an informational piece distributed to potential visitors and con- sumers, as well as meeting planners, tour operators and media. The Visitor Guide is distributed at area hotels, attractions, travel and trade shows, California Welcome Centers and throughout the state. The Visitor Guide has many features, including a pull-out area map, suggested itineraries, editorial emphasis on the region's distinctive lifestyle, which includes our niche markets of food, wine, out- door activities, history, entertainment and the arts. The CVB also publishes a comprehensive meeting planner guide, and is used by the TVCVB sales department in their marketing to meeting and event planners, tour operators and wedding planners. 4iCi-it MAkiC Ir. viii Il i1L��CL To promote the Temecula Valley's unique niche markets of wine, golf, history, entertainment, sports, and weddings, the TVCVB distributed several brochures in FY 2013. The Temecula Valley destination map showcases our top three area assets, Pechanga Resort & Casino, Wine Country and Old Town Temecula. The TVCVB distributed YTD 150,000 Temecula Valley maps in 1,533 loca- tions within California. We are seeing an increase in numbers though Digital publication down- loads and USB distribution. With increased popularity of our destination we continue to develop new marketing materials to include our updated group tour, sports group and meeting planner brochures. Brochures/maps are still one of the most distributed products to our visitors and part- ners through specialty niche trade missions. Niche and seasonal markets will continue to be a key strategy in growing our lodging occupancy. 14 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities 't,3) meeting &event planning guide nhat x ne+• lop •ltrsitiont - matt sae ylaeee The Temecula Valley CVB collaborates with numerous community partners and industry non profit organizations in marketing Temecula Valley as a destination. The TVCVB provides services to all partners. Partners are referred on a daily basis to consumers, media, travel trade and meeting professionals. PARTNER MARKETING OPPORTUNITIES Throughout the year, a variety of marketing opportunities are offered to TVCVB partners, including: participation in familiarization tours for meeting planners and media, inclusion in press releases, receipt of sales leads for group business, advertisement in TVCVB publica- tions, participation in local networking functions, enhanced listings, access to promotional opportunities and trade show participation. ANNUAL PARTNERSHIP MEI:Tm17- n. "_"'"" The TVCVB Annual Meeting was held in the new City Civic Center this year. Over 130 part- ners and community stakeholders attended the meeting which featured highlights by our 2013-2014 Chairman, Ken Westmyer, and President & CEO, Kimberly Adams. The TVCVB and Temecula Valley Winegrowers Association held 3 networking mixers for member partners in Wine Country. The TVCVB Hospitality Committee held the first "Hospitality Day", Wine 101 training and Temecula Concierge training. The TVCVB hosted two Quarterly luncheons at member partner locations, where topics included industry trends and education. VISIT CALIFORNIA PARTNERSHIP The Visit California partnership has been critical in the growth of our brand within the Cali- fornia Tourism product. Temecula has received coverage though the marketing activities preformed by the Visit California and TVCVB staff. Temecula continues to be featured in the Visit California Rural TV Spot generated 1 Billion gross impressions annually . 15 Temecula Valley Convention & Visitors Bureau TBID Annual Report of Activities MEMBERSHIP partnerships 2013-2014 Membership Demographics iii ▪ Lodging • Dining Transportation • Attractions • Wineries Convention Svcs. Professional Svcs. Retail Hosp. Businesses Professional Assn. MEMBERS Total Members New Members Member Referrals MTD 13-14 YTD 13-14 168 3 492 182 23 4,513 MEMBERSHIP DUES MTD 13-14 YTD 13-14 Membership Dues Invoiced $1,600 Total Dues Collected $200 $19,425 $14,150 SPRINGHILL SUITES Aka rn ott MOTE RODEWAY INN Zeuleedb. CaliSonik, TF M 1 C U 1. A C R E .E K. 1 N N LAUJI NTA INNS & SUITES 7e(rw4okfu Holiday Inn Express & Suites F EMBASSY- SUITES QUALITY INN EXTENDED RAMADA,. FAIRFIELD INN a. SUITES 0 Xarnott Wigfeltin Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: January 28, 2014 SUBJECT: Special Tax Consulting Services PREPARED BY: David Bilby, Sr. Debt Analyst RECOMMENDATION: That the City Council approve an Agreement with Albert A. Webb Associates, in the amount of $81,400, for Special Tax Consulting Services. This agreement provides services to both the City of Temecula and the Temecula Community Services District (TCSD). The City's portion of the Agreement is $39,930 and TCSD's portion is $41,470, in accordance with Exhibit B plus a 10% contingency. BACKGROUND: Staff recently completed a Request for Proposal (RFP) for Special Tax Consulting Services to perform the ongoing administration of the Community Facilities Districts, Assessment District, TCSD service levels, and TCSD Park Special Tax. The City received proposals from four responsible bidders. Each proposal was rated by a panel of four City staff members to determine which firm best met the requirements of the City. Albert A. Webb Associates scored the highest amongst the four proposals submitted, therefore, staff is recommending the approval of the attached agreement. The City of Temecula and the Temecula Public Financing Authority formed five Community Facilities Districts and one Assessment District from 2001 through 2006. These districts provided bond proceeds that helped finance major infrastructure within the districts including: streets; lighting; and parks. The City is the Authority for these districts and is required to peform the tasks necessary to levy property owners in these Districts in accordance with the bond formation documents as well as providing annual reporting and disclosure to the bond holders. The Temecula Community Service District 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 — Residential Street Lighting. 2. Service Level C — Perimeter Landscaping and Slope Maintenance. 3. Service Level D — Recycling and Refuse Collection. 4. Service Level R — Unpaved Road Maintenance. Beginning Fiscal Year 1997-1998, the Community Services, Parks and Recreation and Arterial Street Lights Rates and Charges previously levied by the Temecula Community Services District (TCSD) were replaced by the City of Temecula's Parks/Lighting Services Special Tax approved by the voters as Measure C on March 4, 1997. The purpose of the Parks/Lighting Services Special Tax is to provide for the ongoing operations, maintenance and servicing of the City's public parks, recreational facilities; recreational and human services programs; landscaped median maintenance costs; and energy costs for arterial street lighting and traffic signals. The Parks/Street Lighting Services Special Tax is levied in the same manner, at the same time as the TCSD Rates and Charges on an annual basis. FISCAL IMPACT: Sufficient funds will be budgeted in the CFD line items for Fiscal Year 2013-14 during the mid -year budget process. ATTACHMENTS: 1. Agreement 2. Exhibit B — Pricing Form AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA, THE TEMECULA COMMUNITY SERVICES DISTRICT AND ALBERT A. WEBB ASSOCIATES SPECIAL TAX CONSULTING SERVICES THIS AGREEMENT is made and effective as of January 28, 2014, between the City of Temecula a municipal corporation, The Temecula Community Services District a community services district (hereinafter referred to as "City/TCSD"), and Albert A. Webb Associates, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on January 28, 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2015 unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4)] additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2019]. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Seventy Four Thousand Dollars ($74,000) plus 10% Contingency of Seven Thousand Four Hundred Dollars ($7,400) for a total Agreement amount of Eighty One Thousand Four Hundred Dollars and 00/100 ($81,400) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 14. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Albert A. Webb Associates Attn: Shane Spicer 3788 McCray Street Riverside, CA 92506 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Albert A. Webb Associates (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Shane Spicer, Director of Special Assessment & Tax Services ATTEST: By: Gwyn R. Flores, CMC, Acting City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Albert A. Webb Associates Attn: Shane Spicer 3788 McCray Street Riverside, CA 92506 T: 951-248-4281 Shane.spicer@webbassociates.com PM Initials: D Q Date: v TEMECULA COMMUNITY SERVICES DISTRICT By: Jeff Comerchero, TCSD President ATTEST: By: Gwyn R. Flores, CMC, Acting City Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney PM Initials: D Q Date: !/ EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: I. SCOPE OF SERVICES The City is seeking proposals to provide consulting services for the administration of the City's Community Facilities Districts, Assessment District, and Community Services Districts to include the following: DISTRICT ADMINISTRATION: Create the tax roll application of parcels' annual special tax or special assessment in a format acceptable to the Riverside County Auditor/Controller-Recorder. Apportion the special tax or special assessment to each parcel within each particular district consistent with the method of apportionment for each district as follows: § Maintain current Assessor Parcel Maps for all special district parcels including: o Review all districts to ensure all parcels within the districts are being levied in accordance with the appropriate rate and method o Update parcels annually prior to enrollment of levy o Notify City of any assessor parcel changes within each district o Include any database development and land use information for all district parcels where this information is necessary for use in calculation of special tax or special assessment. § Coordinate with the City's Fiscal Agent (US Bank) to review debt service schedules and determine amount needed to pay debt service. § Assist City in projecting annual administrative expenses. § Identify reserve requirements and notify City if reserve needs replenishing. § Prepare all necessary documents, including an Annual Levy Report, to submit annual levy for each district to the County of Riverside allowing reasonable time for City staff to review, comment, or make changes. § Perform adjustments and corrections to rejected parcels by resubmitting levies if necessary. § Direct bill any parcels as necessary. § Facilitate the preparation of assessment apportionment applications including: o Preparation of amended assessment diagrams. o Apportioning the assessment to divided parcels. o Preparation and timely delivery of required notices. o Recordation of required notices and amended diagrams. o Preparation of required disclosure documents. § Serve as initial and primary contact for the public regarding levy inquiries. § Calculate bond payoff amount or prepayment amounts as requested by landowners and provide additional information related to payoff as required. § Prepare and record Release of Lien if prepayments are received. § Prepare bond call spreads if required due to excess proceeds or prepayments. § Coordinate with Fiscal Agent to establish new debt service requirements resulting from bond calls. § Prepare summary of information used to calculate annual levy for each parcel § Attend and present at up to three City Council/TCSD board meetings. MUNICIPAL DISCLOSURE: § Assist City in preparation of enhanced disclosure requirements required by the State of California or its agencies including reporting to the California Debt and Investment Advisory Commission (CDIAC). § Prepare annual reports to meet the requirements of continuing disclosure. § File continuing disclosure reports with the Electronic Municipal Market Access (EMMA) website. § Provide Notice of Special Assessment/Tax document to seller of taxable property. DELINQUENCY MANAGEMENT: § Advise City that any policies established related to collection of delinquent special assessments/taxes are consistent with foreclosure covenant and/or requirements of the bond issue. § Maintain databases that include regularly updated delinquency history for each parcel located in each district. § Track and report district delinquencies after each tax installment due dates, after the City's fiscal year end and prior to initiation of foreclosure proceedings. § Prepare and mail letters (registered return receipt if requested) to property owners at the request of the City. § Prepare correspondence to the County for removal of delinquent taxes/assessments from the tax rolls in the event these amounts are paid directly to the district. § Assist with foreclosure coordination o Prepare City Council documents initiating foreclosure o Provide delinquent amounts for foreclosure counsel o Act as an expert witness on behalf of the City if necessary § Coordinate direct collections of individual delinquencies and deposits with the Fiscal Agent. § Monitor payment plans established under direction of the City or foreclosure counsel. EXHIBIT B Payment Rates and Schedule Exhibit CITY OF TEMECULA RFP - SPECIAL TAX ADMINISTRATION Pricing Form Proposed Fee 01-2 Annual Admin/Levy $ 4,000.00 01-2 Disclosure $ 1,500.00 01-2 Delinquency Mgmt $ 550.00 01-2 Other $ 350.00 01-2 TOTAL $ 6,440.00 03-1 Annual Admin/Levy $ 4,000.00 03-1 Disclosure $ 1,500.00 03-1 Delinquency Mgmt $ 550.00 03-1 Other $ 350.00 03-1 TOTAL $ 6,400.00 03-2 Annual Admin/Levy $ 4,000.00 03-2 Disclosure $ 1,500.00 03-2 Delinquency Mgmt $ 550.00 03-2 Other $ 350.00 03-2 TOTAL $ 6,400.p0 03-3 Annual Admin/Levy $ 4,000.00 03-3 Disclosure $ 1,500.00 03-3 Delinquency Mgmt $ 550.00 03-3 Other $ 350.00 03-3 TOTAL $ 6,400.00 03-4 Annual Admin/Levy $ 2,000.00 03-4 Disclosure $ 1,500.00 03-4 Delinquency Mgmt $ 500.00 03-4 Other $ 300.00 03-4 Apportionments (see optional services fee schedule) Reimbursed 03-4 TOTAL $ 4,300.00 03-6 Annual Admin/Levy $ 4,000.00 03-6 Disclosure $ 1,500.00 03-6 Delinquency Mgmt $ 550.00 03-6 Other $ 350.00 03-6 TOTAL $ 6,400.00 Total CFD/AD Administration $ 36,300.00 Service Level B Levy Administration $ 10,000.00 Service Level C Levy Administration $ 8,000.00 Service Level D Levy Administration $ 9,000.00 Service Level R Levy Administration $ 200.00 City "Park & Lighting" Special Tax Administration $ 10,500.00 Total TCSD Levy Administration Total Special Tax Administration 1 $ 37,700.00 $ 74,000.00 1 Proposed Fee escalate at 2% for each Fiscal Year after FY 2013-14. Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: January 28, 2014 SUBJECT: 2014 Workers' Compensation Coverage Annual Renewal PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: That the City Council approve the insurance policy renewal for Workers' Compensation Coverage with Travelers Property Casualty Company of America, in the amount of $289,339, for the period of February 1, 2014 to February 1, 2015. BACKGROUND: In preparation for the February 1, 2014 expiration of the City's Workers Compensation insurance policy with Travelers Property Casualty Company of America (Travelers), staff requested that the City's insurance broker, Brown & Brown, Inc., market the City's application to insurance carriers. Additionally, in order to improve administrative and budgetary efficiencies, the City determined it was necessary to align the various insurance policy (Liability, Property, and Workers Compensation) expiration dates with the fiscal year. Therefore, staff requested that the City's insurance broker provide a policy that can be cancelled pro -rata on July 1, 2014. In response, Brown & Brown, Inc. obtained one proposal from Travelers while twenty-five (25) other carriers declined to submit. The yearly premium as well as the five-month pro rata premium option is outlined below. Workers Compensation Insurance Period Premium 02/01/14 to 02/01/2015 $289,339* 02/01/14 to 07/01/2014 (five month pro rata estimate) $120,558* * Includes State Mandated Fees To ensure Travelers continues to have sufficient financial capacity to provide the necessary policy limits to insure the City's risks, Brown & Brown, Inc. utilized the services of A.M. Best to assess their financial strength and creditworthiness. A.M. Best assigned a Financial Strength Rating (FSR) of "A+" (Superior) to Travelers based on their ability to meet their ongoing insurance policy and contractual obligations (after a comprehensive evaluation of their balance sheet strength, operating performance, and business profile). In addition, A.M. Best assigned Travelers a Financial Size Category (FSC) of "XV" ($2 billion or greater) based on their policyholder's adjusted surplus. Staff recommends the City accept Travelers insurance proposal with the pro rata option in the amount of $289,339, for the period of February 1, 2014 to February 1, 2015. The proposal amount may increase or decrease depending on the City's payroll records. FISCAL IMPACT: No additional appropriation is requested, as adequate funds are available within the current budget. ATTACHMENT: Workers Compensation Insurance Proposal Commercial Insuranc • Proposal Brown & Brawn Insurance Services of CA, Inc. • 2401 E. }(atelia Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 rown rown !INSURAN CEe Workers Compensation Insurance Proposal Submitted For: City of Temecula Policy Term: 02101/2014 to 1) To be cancelled 7-1-14 Pro -rata -Travelers 2) To be written 2-1-14 to 7-1.15 -- Rate extended to 7-1-15 at Pro - rata Payroll-NYMG Submitted by: Mike Bush Senior Vice President This proposal is for illuslration purposes Only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal 1 January 15, 2014 Commercial Insurance Proposal Brown & Brown insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 rown J rown INSURANCE, Thank you for inviting us to develop and present a Risk Solution Program to you. We welcome the opportunity to become involved with your company. We have worked to identify your needs and concerns, and to develop a program for your insurance. Brown & Brown, Inc. is the seventh largest independent agency organization nationally.s The company provides a variety of insurance products and services to corporate, institutional, professional and individual clients. Headquartered in Daytona Beach and Tampa, Florida, Brown & Brown is publicly traded on the New York Stack Exchange (BRO) and has been included in Forbes' list of the "200 Best Small Companies in America". The company handles clients' premiums in excess of $10 Billion annually and has approximately 6,500 employees. While size is not the sole criteria for choosing an insurance agent, it does enable us to offer our clients clout in the marketplace and unmatched service capability. Please feel free to visit our website at www.bbinsurance.com. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. For more complete information on the scope and limits of coverage please refer to the policy document. Specimen policy form(s) are available upon request. As listed in Business Insurance magazine, July 18, 201 1 edition �fILk14 ^rJ,�" 14,11 ,..,1 411.it This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial Insuranc: Proposal Brown & Brawn insurance Services of CA, Inc.. 2401 E. Katella Ave., Suite 550, Anaheim, CA 92805 • (800) 228-7975 gown rown (INSURANCE. Account Service Team No matter how comprehensive or price competitive your insurance program is, it is still people who must service it to insure that coverage will respond when needed. Mike Bush Account Executive Phone: (714)221-1853 Fax: (714) 221-4196 mbush cr bbsocal.com Mike Bush is responsible for overseeing all aspects of your program. Peggy Coleman Account Manager Phone: (714)221-1883 Fax: (714) 221-4196 pcoleman@bbsocal.com Peggy Coleman will assist with the daily servicing of your account, including endorsements, certificate requests, client services, program design, accounting, quality assurance and market relationships. Judith Villalobos (Backup) Account Manager (714)221-1828 phone (714) 221-4128 fax jvil l0lobos@bbsocaLoom Feel free to contact anyone on this list if you have questions or concerns regarding your insurance policy. rowii n,wn )ly. Please refer to the policy for actual terms/conditions. ilil a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial Insuranc : Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • [800) 228-7975 rown S� rown INSURANCE® IMPORTANT NOTICE DISCLAIMER Disclaimer: This proposal presented is based upon the exposures to loss made known to the agency. Any changes in these exposures (i.e, new operations, new products, additional state of hire, etc.) need to be promptly reported to aur agency in order that proper coverage(s) may be put in place. The proposal contains only a general description of the coverage(s) and does not constitute a policy / contract. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe a[I policy terms. For more complete information on the scope and limits or coverage, please refer to the policy document. Specimen policy form(s) are available upon request The proposal includes, but is not limited to, the terms, exclusions and conditions listed. For complete policy information, including exclusions, limitations and conditions, refer to the policy document. Specimen policy forms and endorsements are available upon request. fl Non -Admitted Carrier Taxes: $N/A Fees: $N/A Minimum Earned Premium: N/A % Higher Limits may be available upon request 7 Premiums may be subject to audit Premiums include Terrorism Coverage Policy Type Workers Compensation Carrier Rating Travelers Property Casualty Company of America A+:XV; Admitted Excess Workers Compensation New York Marine & General insurance Company A:IX; Admitted Please read your policy for specific details. The information obtained from R.M. Best's Rating is not in any way a warranty or guaranty by Brown & Brown, inc. of the financial stability of the insurer and this information is current only as of the date of publication. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot he considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave„ Suite 550, Anaheim, CA 92806• {800) 228-7975 rown rown INSURANCE 1 A. M. Best Rating of Proposed Carriers General Rating: These rating classifications reflect BESTs opinion of the relative position of each company in comparison with others, based upon averages within the Property -Casualty insurance industry. They are reflective of overall company services and standing within the industry. A++, A+ Superior B++ Very Good C++, C+ Fair A, A- Excellent B, B- Good C, C- Marginal Financial Size Category: The financial Size Category is an indication of the size of an insurer and is based on reported Policyholders' surplus plus conditional or Technical Reserve Funds, such as mandatory securities valuation reserve, other investment and operating contingency funds and/or miscellaneous voluntary reserves in liabilities. Financial Size Category (in Thousands) Class I Up to $1,000 Class Il $1,000 to $2,000 Class Ill $2,000 to $5,000 Class IV $5,000 to $10,000 Class V $10,000 to $25,000 Class VI $25,000 to $50,000 Class VII $50,000 to $100,000 Class VIII $100,000 to $250,000 Class IX $250,000 to $500,000 Class X $500,000 to $750,000 Class XI $750,000 to $1,000,000 Class XII $1,000,000 to $1,250000 Class XIII $1,250,000 to $1,500,000 Class XIV $1,500,000 to $1,750,000 Class XV $1,750,000 to $2,000,000 This information has been provided to you so that consideration is given to the financial condition of our proposed carriers. The financial information disclosed is the most recent available to Brown & Brown Insurance Services of CA, Inc. Brown & Brown does not guarantee financial condition of the insurers listed above. This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial InsurancProposal Brown & Brown Insurance Services of CA, Inc.. 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806.1800) 228-7975 ■ rown L. ■ rown 1 !INSURANCE.® Claims Reporting Guidelines Make Brown & Brown, Inc. aware of any and all incidents immediately after they occur, whether it be an auto accident, a theft, slip & fall, even a minor incident that appears will have no future activity. Do not wait for a police report. Gather as much concrete information as possible. For example, police reports, company incident reports, conversation logs, medicals and pictures - anything that may assist in the handling of your claim. Send this information either by mail, e-mail or fax to: Brown & Brown Insurance Services of CA, Inc. 2401 E. Katella., Suite 550, Anaheim, CA 92806 (714)221-1883 (714) 221-4196 fax pcoleman a@bbsocal.corn If you have any questions or incur any problems, please call our office and we will be glad to assist in any way we can. T],.lfl�Il S fl k , This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc.* 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • f800) 228-7975 • sr IA1 rown town. INSURANCE What is an Audit? Policies which use fluctuating values as the exposure basis, i.e.: payroll or sales are subject to an audit. The company may visit your business to examine your records or ask you to complete a voluntary 'mail in" audit. If at the time of the audit your exposures are different from what you estimated at the time your policy was written, you will receive a return premium credit or an additional premium billing. If you subcontract any work, it is essential that the subcontractor provide you with a Certificate of Insurance indicating that insurance coverage is in place for General Liability, Workers Compensation, and Automobile Liability. If at the time of audit you do not have evidence of insurance from your subcontractors, you will be charged an additional premium for the payroll of the subcontractor on your policies. We recommend you require subcontractors to carry insurance via a contract. Audits that generate an additional premium are due upon receipt. It is important that you review audits as soon as you receive them and advise us of any discrepancies in the exposures immediately so that we may inform the insurance carrier. If payment of the audit is not received by the insurance company on a timely basis, your coverage may be canceled and could adversely affect the future placement of insurance coverage. We recommend that you review the actual exposures as compared to your estimated exposures quarterly and advise us of any significant variance. This proposal is for illustration purposes only, Pease refer to the policy for actual termslconditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc.. 2401 E. Katefla Ave., Suite 550, Anaheim, CA 92805 • (800) 228-7975 rown ■ raver I fi 1 IN SU RAN CEI Important Information Compensation: in addition to the commissions or fees received by us for assistance with the placement, servicing, claims handling, or renewal of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intermediaries, underwriting managers and similar parties, some of which may be owned in whole or in part by Brown & Brown, Inc., may also receive compensation for their role in providing insurance products or services to you pursuant to their separate contracts with insurance or reinsurance carriers. That compensation is derived from your premium payments. Additionally, itis possible that we, or our corporate parents or affiliates, may receive contingent payments or allowances from insurers based on factors which are not client -specific, such as the performance and/or size of an overall book of business produced with an insurer. We generally do not know if such a contingent payment will be made by a particular insurer, or the amount of any such contingent payments, until the underwriting year is closed. That compensation is partially derived from your premium dollars, after being combined (or "pooled') with the premium dollars of other insureds that have purchased similar types of coverage. We may also receive invitations to programs sponsored and paid for by insurance carriers to inform brokers regarding their products and services, including possible participation in company - sponsored events such as trips, seminars, and advisory council meetings, based upon the total volume of business placed with the carrier you select. We may, on occasion, receive loans or credit from insurance companies. Additionally, in the ordinary course of our business, we may receive and retain interest on premiums you pay from the date we receive them until the date the premiums are remitted to the insurance company or intermediary. In the event that we assist with placement and other details of arranging for the financing of your insurance premium, we may also receive a fee from the premium finance company. Questions and Information Requests: Should you have any questions, or require additional information, please contact this office at 1-800-228-7975 or, if you prefer, submit your question or request online at www.bbsocal.com This proposal contains only a general description of the coverage(s) and does not constitute a policy/ contract. For complete policy information, including exclusions, limitations, and conditions, refer to the policy document. This proposal is based upon the exposures to lass made known to the Agency. Any changes in these exposures (Le., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s) may be put into place. M r' �►7ii3► f,t11.11 t nn.ei ii f���I't+siie.�ac r •. This proposal is for Illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc.. 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• {800) 228-7975 rc wn rcwn INSURANCE Named Insureds The following are named insureds on your policies: City of Temecula Temecula Community Services District Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency of the City of Temecula Temecula Public Financing Authority Temecula Housing Authority Please verify the accuracy of each name on this list and update if needed. Location Schedule: Nr 127 ' This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial insurance Proposal Brown & Brown Insurance Services of CA, Inc.. 2401 E. Kalella Ave., Suite 550, Anaheim, CA 92806 • (Boo) 228-7975 1 row INSLJRAN CE FIRST DOLLAR INSURANCE PROPOSAL TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA This proposal is for illustration purposes only. Please refer to the policy for actual termsfcondilions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. K tella Ave., Suite 550, Anaheim, CA 92805 • (800) 228-7975 1 INSURANCE PREMIUM SUMMARY - TRAVELERS Name: City of Temecula *Worker's Compensation (Last Year) Premiums include Terrorism $276,932 plus State Mandated Fees ($1 2,407) $330,802 plus State Mandated Fees ($1 5,978) `Annual Premium to be cancelled pro -rata 7-1-14 and rewritten. PREMIUM PAYMENT OPTIONS Payment up front OR 25% due at inception and 25% due at the 41", 71" and 101" month This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a hinder has been received. Mb201402 WC Proposal 1 January 15, 2014 Commercial Insurance Proposal Brawn & Brown Insurance Services of CA, Inc. • 2401 E. Katelia Ave., Suite 550, Anaheim, CA 92806 • f 8OO) 228-7975 INSURANCE,. Workers Compensation LIMITS Coverage A: Coverage B: Workers Compensation Statutory Employers Liability $1,000,000 All States Endorsement DECLARATIONS States Covered: CA Experience Modification: 79% Last Year: 64% PAYROLL ESTIMATES Code Classification Per Proposal Subject to Annual Audit Rate Payroll This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suile 550, Anaheim, CA 92806 • (800 228-7975 Iiirown rown INSURANCE AN EXPLANATION OF WORKERS' COMPENSATION COVERAGE A - Workers' Compensation agrees to pay the benefits required under the Workers' Compensation Law. COVERAGE B - Employer's Liability provides coverage for your legal liability to employees not covered by the act. It is possible that you might sub -contract certain operations. Compensation laws provide that the principal contractor is responsible for compensation to the employees of uninsured sub -contractors. In determining compensation premiums, you will be charged premium for coverages in connection with employees of sub -contractors unless the sub -contractors have insured this obligation and have furnished satisfactory evidence of such insurance. For your protection, you should obtain certificates of insurance from all sub -contractors doing work for you. The policy is written subject to audit, and payroll records should be kept in such a manner as to show any overtime paid. OPTIONAL ENDORSEMENTS AN States Endorsement In the event the insured undertakes operations in any state not designated in the declarations, other than Nevada, North Dakota, Ohio, Washington, West Virginia, or Wyoming, the company agrees to reimburse the insured for all compensation and other benefits required under the workers' compensation or occupational disease law of such states. U.S. Longshoremen's and Harbor Workers' Compensation Act Endorsement Affords workers' compensation benefits for any employee injured while participating in any operations subject to the U.S. Longshoremen's and Harbor Workers' Compensation Act. Voluntary Compensation Endorsement Pays on behalf of the insured for any employee's injury which would have rendered the insured liable for compensation if the injured employee and the insured had been subject to the workers' compensation law. t, & This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 13 Commercial Insurance Proposal Brown & Brown insurance Services of CA, Inc. ' 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (800) 228-7975 • Ir rown J i rown INSURANCE;© WORKERS' COMPENSATION EXPERIENCE MODIFICATION Your experience modification for the current year 2014, February 1st is 79%. The modification was 64% for 2013. THis MODIFICATION WAS DEVELOPED BY THE California workers' compensation insurance rating bureau BASED UPON YOUR INDIVIDUAL CLAIMS EXPERIENCE FOR THE FOLLOWING YEARS: 2012 2011 2010 Historical Experience Modifications 2014 — 79% 2013 -- 64% 2012-80% 2011 - 124% 2010— 116% 2009 -- 94% (Revised to 92% Effective 9-22-09) 2008 — 82% (Revised to 78% in September 2008) 2007 — 86% (Revised to 85%) 2006 -- 79% 2005 — 74% 2004 — 74% 2003-81% 2002 — 83% 2001 — 68% �Z�yL ��yMIt Rt`li This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 14 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. ' 2401 E. Katella Ave., Suite 550, Anaheim, CA 921306• (800) 228-7975 rown rown • INSURANCE MARKETS APPROACHED AND RESULTS Travelers Insurance Company Fireman's Fund Everest National Insurance Company Republic Indemnity Company Hartford Insurance Companies Insurance Company of the West Chartis Alaska National Berkshire Hathaway Companies Zenith Insurance Company Applied Insurance Company Quotation Provided No Monoline Workers Compensation Declined (Not a target class) Declined (Not yet a Municipal Market- even without Fire & Police) Declined (Class of Business) Declined (Class of Business) Declined (Exceeds Maximum Eligibility) Declined (Class of Business) Declined Not Competitive with Travelers; also not willing to write a short term policy or cancel mid-term Can only offer 3 -year program. rr :liliif' onto This proposal is for illustration purposes Only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received- Mb201402 WC Proposal January 15, 2014 15 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc.. 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (800) 228-7975 frown rown 1 INSURANCE] , Employers Insurance Company Zurich Insurance Company Preferred Employers Insurance Company Tower Insurance Company AmTrust Insurance Co. CompWest All Risk Arrowhead Chubb Employers Comp First Comp CornpWest CompStar Declined (Not within their appetite) Declined (Underwriting Guidelines) Declined (Class of Business) Declined (Class of Business) Ineligible Class Declined (Class of Business) No markets for this type of risk. No markets for this type of risk. Declined(Class of business) Declined(Class of business) Declined(Class of Business) Declined(Class of Business) Declined(Class of Business) This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound unlit a binder has been received, Mb2111442 WC Proposal 16January 15, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave„ Suite 550, Anaheim, CA 92806• (800) 228-7975 rovvn1 INSURANCE11 � ICW Republic Indemnity Declined(Class of Business) Declined(Class of Business) This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal �7 January 15, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc.. 2401 E. Katella Ave,, Suite 550, Anaheim, CA 92808 (8O0) 228-7975 %own rown 1 INSURANCE® AREAS OF MAJOR CONCERN (ADDRESSED BY BROWN & BROWN, INC, AND COMPENSATION CARRIER) 1. Safety Committee A. Carrier Loss Control Support B. Film Library Available C. Attendance by Brown & Brown, Inc. (Discuss) 2. Written Safety Program (Review and Update) 3. Reserve Reviews (Frequency Discuss) 4. Claims Recordkeeping A. Ease of Reporting B. Exchange of Information 5. Accident Investigation rxs3�n ti hrieft This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806. (800) 228-7975 ■ INSURANCE; TRAVELERS INSURANCE COMPANY I. Rest's Rating and financial Size: A+: XV; Admitted II. Location: Orange, CA ITT. Strong Points: • Loss Prevention • California Workers' Compensation Specialty Company • Currently provides Municipal General, Public Official E & 0 and Automobile Liability for the City IV. Review Services Per Areas of Major Concern Section This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 19 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 INSURANCE ■ CURRENT PROGRAM This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 20 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (8O0) 228-7975 Iiirown rown INSURAN CE 1 This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal 9 1 January 15, 2014 CURRENT PROGRAM @ 201 3 PAYROLL ESTIMATE TRAVELERS INSURANCE COMPANY Policy Period: 02-01-2013 to 02-01-2014 Estimated Annual Premium: $330,802 plus State Mandated Fees ($15,978) Type of Policy: One Year Classification Code 2013 Payroll Rate Premium Municipal (non -manual) 9410 $7,652,669 2.92 223,458 Municipal (all other) 9420 $2,095,736 13.58 284,601 Clerical 8810 $5,181,768 .85 44,045 Bus Drivers 7382 $19,844 14.49 3,471 Total: $14,950,017 Subtotal: 555,575 Balance to Waiver 250 (Actual) Modification: x .64 Modified Premium: 355,728 (X) (Approx.) Premium modifier (Including Schedule and Premium Discount Factors) (91.68%:) 326,1 32 (+) Terrorism: 4,485 (+) Expense Constant: 1 85 Estimated Total Premium: $330,802 (Approx.) California Admin. & Fraud Assessment: 9,362 California CIGA Fee: 6,616 1 This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal 9 1 January 15, 2014 Commercial Insurance Proposal Brawn & Brown Insurance Services of CA, Inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (800) 228-7975 Iiirown rown INSURANCE PROPOSAL This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 22 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, inc. • 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 1 '1 rown ! rown INSURANCE0 r. I L This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 INC Proposal January 15, 2014 PROPOSAL TRAVELERS INSURANCE COMPANY Policy Period: 02-01-2014 to 02-01-2015* Estimated Annual Premium: $276,932 plus State Mandated Fees ($12,407) Type of Policy: One Year Classification Code Payroll 1 Rate Premium Municipal (non -manual) 9410 $7,055,423 2.16 152,397 Municipal (all other) 9420 $2,072,249 9.65 199,972 Clerical 8810 $5,183,099 .56 29,025 Bus Drivers 7382 $17,691 12.01 2,125 Total: $14,328,462 Subtotal: 383,519 Balance to Waiver 250 (Actual) Modification: x .79 Modified Premium: 303,178 (X) (Approx.) Premium modifier (Including Schedule and Premium Discount Factors) (89.864%:) 272,448 (+) Terrorism: 4,299 (+) Expense Constant: 1 85 Estimated Total Premium: $276,932 (Approx.) California Admin. & Fraud Assessment: 6,231 California CI GA Fee: 6,176 *Annual premium to be cancelled pro -rata 7-1-14 and rewritten. r. I L This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 INC Proposal January 15, 2014 Commercial Insurance Proposal Brawn & Brown Insurance Services of CA, Inc. • 2401 E Katella Ave., Suite 550, Anaheim, CA 92806 • (800) 228-7975 ■ INSURANCEo (Not Including Terrorism/Expense Constant & CA Surcharges) Subject to Annual Audit This proposal is far illustration purposes only. Please refer to the policy for actual terms/conditions, Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 (Approx} 2014 Rates (Approx) 2013 Rates Code Without Modification With Modification .79% Without Modification With Modification 64% 9410 1.94 1.53 _ 2.68 1.72 9420 8.67 6.85 12.45 7.97 8810 .50 .40 .78 .50 7382 10.79 8.52 13.29 8.51 (Not Including Terrorism/Expense Constant & CA Surcharges) Subject to Annual Audit This proposal is far illustration purposes only. Please refer to the policy for actual terms/conditions, Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 Commercial Insurance Proposal Brown & Brown Insurance Services of CA, Inc.. 2401 E. Katella Ave., Suite 550, Anaheim, CA 92806• (800) 228-7975 t town town INSURANCE, EXCESS WORKERS COMPENSATION PROPOSAL NEW YORK MARINE 8i GENERAL INSURANCE COMPANY This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions. Coverage cannot be considered bound until a binder has been received. Mb201402 WC Proposal January 15, 2014 MIDLANDS Date: 01114/2014 Account: City of Temecula, CA 4100 Main St Temecula, CA 92589 Quoting on behalf of: NEW YORK MARINE & GENERAL INSURANCE COMPANY Specific Excess & Aggregate Excess Workers' Compensation and Employers' Liability Quote A.M. Best Rated: "A" (Excellent), IX We are pleased to provide the following quotation terms as follows: Quote Option MMC 1 02906 Policy Term February 1. 20141 February 1, 2015 Estimated Manual Premium $548,967 Estimated Total Payroll $14,328,462 Covered State(s) CA Specific Retention $500,000 Specific Limit Statutory Employers Liability Limit $1,000,000 Aggregate Attachment Rate NIL Minimum Aggregate Attachment NIL Aggregate Limit NIL Maximum Loss Accruing Aggregate _ NIL Excess Rate (per $100 of payroll) 0.3799 Estimated Premium Excluding Terrorism $54,434 Terrorism Charge $568 Total Minimum Premium {90% of Deposit) $49,502 Total Deposit Premium $55,002 &MIDLANDS Quote Expiration: January 31, 2014 TPA: Carl Warren & Company Payment Plan: Premium is due in full at inception of policy period. The above quote is subject to: 1. Final Premium will be at Least and not less than the minimum premium stated above. 2. Require full implementation of safety/loss control program and retention of TPA, approved by New York Marine and General Insurance Company, throughout the policy period. 3. Receipt of completed and signed excess application within 30 days of binding. App currently on file is not signed. 4. The Terrorism Charge is calculated separately and not included in the total rate above. It is subject to adjustment at audit. 5. Applicable state endorsements plus other coverage additions/exclusions may apply. All other endorsements desired must be requested prior to binding and are subject to approval. 6. Please sign and return the attached Terrorism Disclosure. Same must be received within thirty (30) days of binding. 7. New York Marine and General Insurance Company has the right, but not the obligation, to audit the TPA listed above. 8. Please provide the total number of "field' (and any other) employees not listed on the employee concentration form. 9. 1t is the understanding that there is no police and/or firefighter (paid and/or volunteer) exposure and said exposures are excluded from this coverage in its entirety. 10. Please have the TPA complete the attached TPA Questionnaire, including bios for all claims personnel handling this Insured's claims and evidence of the TPA's E&O coverage. The Questionnaire is subject to approval. Risk Control Services: See attached document listing services available Please do not hesitate to contact me with any questions, Thank you. MIDLA NDS New York Marine and General Insurance Company POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE City of Temecula, CA Insured's Name Policy Number Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2007, the definition of act of terrorism has changed. As defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury—in concurrence with the Secretary of State, and the Attorney General of the United States—to be an act of terrorism; to be a violent actor an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission, and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act, as amended. However, your policy may contain other exclusions which might affect your coverage, such as an exclusion for nuclear events. Under the formula, the United States Government generally reimburses 85% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such Bosses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is $568, and does not include any charges for the portion of losses covered by the United States government under the Act. The portion of the insured's annual premium that is attributable to coverage for certified "acts of terrorism" may be adjustable at audit and is calculated based on a percentage of the Insured's total audited payroll. I ACKNOWLEDGE THAT WE HAVE BEEN NOTIFIED THAT UNDER THE TERRORISM RISK INSURANCE ACT, AS AMENDED, ANY LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM UNDER THIS POLICY COVERAGE MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT, MAY BE SUBJECT TO A $100 BILLION CAP THAT MAY REDUCE THIS COVERAGE AND WE HAVE BEEN NOTIFIED OF THE PORTION OF THE PREMIUM ATTRIBUTABLE TO THIS COVERAGE. Poricyho€der's Signature [Date %MIDLANDS Claim Administration Information Workers' Compensation Claims Administrator's Questionnaire This questionnaire will be used to qualify your firm with one or more Excess Workers' Compensation insurers. All information is considered confidential. Please attach your company brochure, sales literature, business cards, or other appropriate information with this questionnaire. Name of Firm: Address: Phone: Contact Name: Phone: ❑ Third Party Administrator Length of Time in Business: Geographical Area Served: Ownership of Firm: Email: Website Address: Are you involved in placing excess workers' compensation? ❑ Yes No ❑ Self -Administrator Self -Insured Since: Self -Administering Claims Since: Administer All Claims? ❑ All Claims, All Locations ❑ Medical Only Other Other (describe): Revised 10.29.2013 excessworkerscomp@rnicirnan.com 800.800.4007 Revised 10.29.2013 Data & Information Systems Claims Information System: Indicate the type of system used to manage claims data. ❑ Manual Ledger ❑ Personal Computer ❑ Local Office Network ❑ Company -Wide Network Mainframe, Model &Type: ▪ Other, (describe): Software: indicate major source(s) of system software n Personal Computer, designed "In -House" ❑ Personal Computer, vendor ❑ Mainframe, designed "In -House" ❑ Mainframe, vendor Vendor Name: Vendor Name: System Security: Describe the system security measures that you have established to protect your data such as firewalls, authority levels, password requirements, etc. Is there an information security software package on the system? Yes ❑ No if no, please explain how much information is secure: How frequently are backups of the data performed? ❑ Daily E Weekly 1 Other Other (describe): Are the backups stored on-site? Yes { No Are any backups stored off-site? ❑ Yes ❑ No Disaster Recovery Do you have a formal written disaster recovery plan? ❑ Yes ❑ No (attach a copy of procedures) Interface / Remote Access Support Do you provide system support For an interface? ❑ Yes ❑ No Are charges assessed for this support? ❑ Yes No If yes, please list amount & frequency: excess workerscomp@m i dmarn. c cm 800.800.1007 Revised 10.29.2013 Workers' Compensation Data Does your system require claim payments to be issued against a specific type of payment? (such as medical, indemnity, or expense?) I- 1 Yes I- 1 No Does your system capture NCCI Class Codes? [ -I Yes 1 1 No JFyes, are controls in place to ensure proper use of Insurers' class codes are required? [i Yes No Do you have a system in place for reporting MMSEA? L] Yes if yes, who: Do you have a system in place If yes, please explain: �] No for Medicare/Medicaid set aside accounts? ❑ Yes ❑ No Do you have a system in place for Medicare/Medicaid conditional payments? ' Yes n No If yes, please explain: Do you have a system in place for ongoing reporting (ORM) to CMS? n Yes No If yes, who: Loss Reporting Capabilities Frequency Loss Reports Available Weekly ❑ Monthly ❑ Quarterly ❑ Semi -Annually ❑ Annually ❑ As Requested Data Base: Indicate all the criteria by which the loss information can be extracted. Paid, Reserves, & Total Incurred per Claim ❑ Injury Description ❑ Medical, indemnity, & Expense Claimant Name Date of Loss / Accident n Claimant Education Level ❑ Settlement Date 11 Subrogation • Other (describe): ❑ Calendar Year Li Claimant DOB I-1 Status: Open / Closed n Denied Claims n Description of Loss Claim Number n Policy Term ❑ Marital Status Allocated Expenses Can information be downloaded into a file such as Word, Excel or PDF? L Yes ❑ No Can information be reviewed on-line from a remote source? n Yes n No If yes, is there a charge for remote access? Yes No If yes, explain: Can you provide electronic reporting directly to the insurer? n Yes Can you provide a check register with payee and transaction type? No Yes Li No ex cessworkerscomp@midman.com 800.$00.4007 Revised 10.29.2013 Claims Administration For what lines of business do you administer and/or adjust claims? Describe procedures for assuring reporting triggers and requirements for the carrier are met on a timely basis: Do you provide medical cost containment services? Yes n No Please Provide the Names of the Following Providers with their Fees (if applicable): Medical Bill Review: Fees: Utilization Review: Pharmacy Review: Medical Case Management: Catastrophic Injury Management: Vocational Rehabilitation: Investigation / Surveillance: Defense / Legal Panei: Law Firms: Fees: Fees: Fees: Fees: Fees: Fees: Fees: Fees: Are any of these providers part of your corporation? Yes No If yes, who: Are charges for these services (other than legal) covered by your standard agreement? ❑ Yes ❑ No If no, how is the cost charged? n Client Claim ❑ Other Are your adjusters compensated under salary or time & expense? _ Yes ❑ No Are OSHA standards used or are more strict standards observed when making safety recommendations? Yes n No Does your firm use structured settlement vendors? n Yes ❑ No If yes, who: excess wnrh ers comp@midman, com 800800.1007 Revised 10.29.2093 Reserving Practices Describe your Reserving Philosophy: What reserving method is used? Are reserves discounted? ri Yes n No Do you reserve at the actual anticipated value? n Yes n No Who sets the reserves? List the Settlement and Reserve Authority for the Following Positions: Manager: Supervisor: Senior Examiner: Examiner: Does the employer have any control over reserves? ❑ Yes n No How often are reserves reviewed for accuracy? What mortality tables do you use for permanent total and survivor claims? Who has ultimate claim settlement authority? excessworkerscornp@rnidman.com 840.860.4007 Staffing Name of Claims Manager: Who does the Claims Manager report to? Revised 10.29.2013 Please attach a copy of your claim department organizational chart. Please attach resumes with educational background, work experience, and professional designations of all individuals who will be working in this account, What is the ratio of supervisors to adjusters? Supervisors: Adjusters: List the Staff Case Loads for the Following Positions Related to All Programs Assigned to Them: Claims Manager: Clairns Supervisor: Senior Claims Examiner: Claims Examiner: Claims Medical -Only Assistant: What is the Average Experience Level of Your: Claims Management: Claims Adjusters: Medical Clerks: What is the average length of time your technical staff has been with your organization? Claims Management: Claims Adjusters: Medical Clerks: How are claims managed and assigned within your organization? Do you provide your staff with in-house training or other professional educational opportunities? tr% excesswprkerscornp@midrnan.com 800E800.4007 Revised 10.29.2013 General Information Describe Your Fraud Prevention Activities: Describe Your Philosophy and Procedures For the Use of Outside Services (adjusters, medical cost containment programs, medical case management, attorneys, surveillance, activity checking, etc.); Have penalties ever been assessed For late payment of claims or failure to File appropriate forms? n Yes No (if yes, please explain): Have you been audited by any state agency or department of insurance? [J Yes ❑ No If yes, are you willing to supply us with a copy of the latest audit if requested? Yes No List Any Other Names Your Organization has Been Known By: Do you carry E&O Insurance? U Yes [7 No If so, please attach a copy of the policy or evidence of coverage. Fraud Statement: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Applicant Signature Title Prepared By Printed Name Date exce sswork ors comp @m idmaro, co m 800.800.4007 tk%MIDLANDS Risk Management Personalized Programs & Services WebNet Training Training Topics Oklahoma Safety Council & National Safety Council Free Membership e� Risk Management Ed Pratt, CSP Direct 405.767.1744 rishmyt@midnnon.com 800.800.4007 SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY New York Marine And General Insurance Company 59 Maiden Lane, Suite 2700, New York, New York 10038-4647 212-551-0600; Fax 212-986-1310 (hereafter referred to as the "Company") Policy No. Item 1. Insured: Item 2. (a) Mailing address: (b) Principal place of business: Item 3. Named State(s): Item 4. Excluded State(s): Item 5. Policy Period: (a) From: (b) To: Both days at 12:01 A.M. standard time at the Insureds address shown in Item 2 of these Declarations. Item 6. Loss Reporting Period: Item 7. Insured's Specific Retention: (a) Each accident: (b) Each employee for disease or cumulative injury: Item 8. Company's Limit Each Accident: (a) Policy Part One, Worker's Compensation: (b) Policy Part Two, Employers Liability: Item 9. Company's Limit Each Employee For Disease Or Cumulative Injury: (a) Policy Part One, Worker's Compensation: (b) Policy Part Two, Employers Liability: Item 10. Insureds Retention For Aggregate Coverage: (a) Rate as a percentage of Normal Premium: (b) Estimated Normal Premium: (c) Minimum Retention: XS WC 00 01 01 06 age 1 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Item 11, The Company's Limit for Aggregate Coverage: Item 12. Premium: (a) Minimum: (b) Deposit: (c) Rate (% of normal premium): (d) Terrorism charge of $ is included in 12(a) and 12(b) above and is adjustable at audit. Item 13. The Insured's Claims Service Company shall be: Item 14. Endorsements: Item 15. Company's Service of Suit Representative: ProSight Specialty Management, Inc. 412 Mt. Kemble Ave., Suite 300C Morristown, NJ 07960 XS WC 00 01 Oi 06 Page 2 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Item 16. Premium. CLASSIFICATION and NORMAL PREMIUM SCHEDULE Premium Schedule State Classification Class Estimated Rate per $100 of Estimated Description Code Remuneration Estimated Manual Remuneration Premium Total Payroll and Manual Premium $ (a) EMOD factor: (b) Other Discount Estimated Normal Premium: The above -listed class codes are the class codes covered under this Policy. Any additional class code exposures must be approved in writing by the Company prior to being covered under this Policy. Executed in New York this _ day of 20xx Midlands Management Corporation Authorized Representative XS WC 00 01 01 06 Page 3 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY In consideration of the payment of the premium and in reliance upon all statements made in the Application for this insurance and subject to all terms of this Policy, the Company agrees with the Insured as follows: GENERAL SECTION A. Sell -Insurance. Acceptance of this Policy indicates that the Insured is now and will remain until the end of the Policy Period a duly qualified self -insurer in each state(s) named in Declarations Item 3. In the event the insured should, at any time this Policy is in force, terminate the lnsured's qualification as a self -insurer or should the lnsured's qualification be cancelled or revoked, coverage under this Policy shall be immediately suspended effective from the date that the Insured loses such qualification. B. The Policy. This Policy includes the Declarations and the endorsements, if any, listed in Declarations Item 14. It is a contract of insurance between the Insured (the Insured named in Declarations Item 1) and the Company (the Insurer named on the Declarations). The only agreements relating to this insurance are stated in this Policy. The terms of this Policy may not be changed or waived except by written endorsement issued by the Company to be a part of this Policy. Endorsements, if any, apply with respect to accidents, disease or cumulative injury exposures occurring at or after 12:01 A.M. on effective date of the endorsement. The Company considers statements made by the Insured in the Application to be representations_ The Company may contest a loss paid by the insured if the Company relied on a material misrepresentation in the Application. C. Policy Period. Policy Period means the period of time covered by this Policy as shown in Declarations Items. If this Policy is cancelled, the Policy Period will end at 12:01 A.M. on the effective date of cancellation. D. Workers Compensation Law. Workers Compensation Law includes occupational disease law or cumulative injury law. It does not include the provisions of any law that provide non -occupational disability benefits, Jones Act or any other Federal Act(s) or State Act(s), unless the application of those laws is incidental and has been approved in writing by the Company. E. Accident. Accident means an accident or series of accidents arising from a single occurrence F. Occurrence. An occurrence is a fortuitous event of limited duration taking place at one specific location. No event that exceeds twenty-four (24) hours in duration shall be considered to be an event of limited duration. Should an event exceed twenty-four hours in duration, each twenty-four (24) hour period shall be deemed to be a separate occurrence. With respect to losses arising from a cumulative injury or occupational disease, the loss to each employee shall be deemed to have resulted from a separate occurrence. XS WC 00 01 01 06 Page 4 of 17 NEW YORK MARINE AND GENERAL. INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY G. Bodily Injury. Bodily Injury means bodily injury by accident, by disease or by cumulative injury. Bodily injury must arise out of and in the course of the injured employee's employment by the Insured. Bodily injury includes resulting death. The following conditions also apply with respect to the definition of bodily injury: 1. Bodily iniury by accident must occur during the Policy Period and must arise out of or be caused by a single occurrence. Bodily injury to more than one employee arising out of or caused by the same single occurrence shall be considered one accident. 2. Bodily iniury by disease is any abnormal condition of the body or mind that causes discomfort, dysfunction, or distress that fulfils all of the following conditions: a. It is not traceable to a single occurrence that takes place during the employee's present or past employment: b. It has been caused by or aggravated by exposure to a disease -producing agent or agents present in the employee's occupational environment; c. It has resulted in a disability, need for medical treatment, or death. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the Policy Period. 3. Bodily iniury by cumulative iniury is an injury that fulfills all of the following conditions: a. It is not traceable to a single occurrence that takes place during the employee's present or past employment; b. It has been caused by or aggravated by a repetitive employment related activity; c. 11 has resulted in a disability, need for medical treatment, or death. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by cumulative injury must occur during the Policy Period. H. Late Reporting or Independent Contractor Penalty. As respects each accident or each employee for disease or cumulative injury: 1. If the Insured does not give the Company written notice within one year of when required by Part Three, the Company's specific indemnity will be reduced by 15%. 2. If the insured does not give the Company written notice within three years of when required by Part Three. the Company specific indemnity will be reduced by 40%. 3. It the Insured pays a loss for an employee the Insured classified as an independent contractor at the time of the accident, the Company's specific indemnity will be reduced by 50%. However, the sum of this reduction plus the Insured's specific retention will not exceed the greater of $250,000 or 1% of the Insured's total payroll. XSWC000101 06 Page 5of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY PART ONE - WORKERS COMPENSATION A. How This Part Applies. Part One applies to loss paid by the Insured because of liability imposed upon the Insured by the workers compensation law and occupational disease law of any state(s) named in Declarations item 3. Part One also applies to loss paid by the Insured because of liability imposed upon the Insured by the workers compensation law of any other state(s) which is not shown In Declarations item 4, but does not apply to any federal workers compensation law or any federal occupational disease law or the provisions of any law that provides nonoccupational disability benefits, Lability must result from bodily injury by accident or bodily injury by disease sustained by an employee the Insured regularly employed in a state(s) named in Declarations item 3. The Insured's Specific Retention. The Insured must retain loss as shown in Declarations Item 7. The Insured's retention applies to Part One loss and to Part Two loss together. The Insured's retention for bodily injury by accident applies to each accident, or series of accidents arising out of or caused by a single occurrence, whether such accident involves bodily injury to only ane or more than one employee. The Insured's retention for disease and cumulative injury applies separately to each employee. Naming more than one Insured in Declarations item 1 does not increase the insureds retention. C. The Company's Agreement to indemnify. Subject to the limits of liability, the Company will indemnify the Insured for loss in excess of the Insured's retention. This indemnity may be reduced by a late reporting or independent contractor penalty. D. The Company's Specific Limit. The Company's Total Limit applies to Part One and Part Two Toss together. The maximum amount of loss the Company will indemnify the Insured for with respect to each accident or series of accidents arising out of one event is shown in Declarations Item 8(a). The maximum amount of loss the Company will indemnify the Insured for with respect to each employee for disease or cumulative injury is shown in Declarations Item 9(a). Naming more than one insured in Declarations Item 1 does not increase the Company's limit. E. The Insured's Retention For Aggregate Coverage. The amount of loss the Insured must retain as a result of all accidents, disease and cumulative injury exposures occurring during the Policy Period is shown in Item 10. This retention applies to Part One loss and Part Two loss together. If no amount is shown in Item 10, Insured shall have no aggregate retention and Insured's specific retention shall apply to each loss. In calculating the Insured's aggregate retention, loss pertaining to each accident, disease or cumulative injury will be limited to the respective amount shown in Declarations Item 7. Unless the Company cancels this policy, the Insured's aggregate retention will not be less than the minimum retention shown in Declarations Item 10 (c). If the Company cancels this policy, insureds aggregate retention will not be less than the pro rata portion of minimum aggregate retention in item 10 (c). Naming more than one Insured in Declarations Item 1 does not increase the Insureds retention. Normal Premium is calculated as shown in Declarations Item 16 and is adjustable at audit; however the Insureds aggregate retention will never be less than the minimum retention listed under item 10 (c). XS WC 00 01 01 06 Page 6 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY F. The Company's Aggregate Indemnity, The Company will indemnify the Insured for loss paid by the Insured in excess of the Insured's aggregate retention as a result of all accidents, disease, and cumulative injury exposures occurring during the policy period. In calculating the Company's indemnity, loss pertaining to each accident, disease or cumulative injury will be limited to the respective amount shown in Declarations Item 7. G. The Company's Aggregate Limit. The most loss the Company will indemnify the Insured for as a result of all accidents, disease and cumulative injury exposures occurring during the policy period is shown in Declarations hem 11. This limit applies to Part One loss and Part Two loss together. Naming more than one Insured in Declarations Item 1 does not increase the Company's limit. H. Loss. Loss means the amount actually paid by the Insured for benefits provided under the workers compensation law in effect upon the date the bodily injury occurs. Loss includes: 1. The amount paid by the Insured in settlement of claims for benefits under the workers compensation law; 2. The amount paid by the Insured in satisfaction of awards or judgments for benefits under the workers compensation law; 3. The amount reserved by the insured subject to the agreed value of claims, suits, or proceedings as determined in accordance with any Commutation and Capitalization Endorsement, if any; and, 4. Court costs, interest upon awards and judgments, and allocated investigation, adjustment and legal expenses pertaining to workers compensation claims. This subparagraph 4 does not include: a. Salaries paid to the Insured's employees; b. Service company fees; c. Claims administration fees; d. Sanctions, fines, penalties or punitive, multiple, or exemplary damages. Exclusions. Part One does not cover; 1. Loss insured by any other workers compensation or employers liability insurance, except with respect to insurance that applies specifically in excess of the limits set forth in Declarations Items 8 and 9; 2. Punitive or exemplary damages because of bodily injury sustained by any employee; 3. Punitive, exemplary or compensatory damages because of the Insured's conduct, or the conduct of anyone acting for the Insured for which the insured may be held responsible; a. In the investigation, trial or settlement of any workers compensation claim; b. In failing to pay or delay in payment of any workers compensation claim; or, c. On account of violation of any State or Federal Statute or regulation; XSWC00010106 Page 7of17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY 4. Any assessment made upon self -insurers, whether imposed by statute, regulation or otherwise, including any Department of Labor Second Injury Fund assessment; 5. Loss payable under the provisions of the Jones Act and any loss payable under the provisions of any other Federal Act(s) or State Act(s) from a state(s) not set forth in Declarations Item 3; 6. Loss payable under the provisions of the Racketeer -Influenced and Corrupt Organizations Act; 7. Bodily injury to a master or member of the crew of any vessel; or 8. Claims arising from radioactive contamination whether directly or indirectly. 9. Loss payable under the workers compensation Iaw of any state(s) not named in Declarations Item 3. J. Payments the Insured must make. The Insured is responsible (without indemnification from the Company) for any payments in excess of the benefits provided by the workers compensation law including those required because: 1. Of the Insured's serious and willful misconduct; 2. The Insured knowingly employed an employee in violation of Iaw; 3. The Insured failed to comply with a health or safety Iaw or regulation; or 4. The Insured discharged, coerced or otherwise discriminated against any employee in violation of the workers compensation law. K. Other insurance It any other insurance exists protecting the Insured against loss covered by this insurance, this insurance shall apply in excess of the other insurance. The foregoing shall not apply to any insurance that is specifically in excess of the limits set forth in Declarations Items 8, 9 and 11. L. Recovery from Others. The Company has the Insureds rights, and the rights of persons entitled to compensation benefits from the Insured, to recover the Companys indemnity from anyone liable for the bodily injury covered by this Policy. The Insured will do everything necessary to protect those rights for the Company and to help the Company enforce them. The recovered amounts remaining, after deducting the Company's recovery expenses, will first be used to reduce the Companys Toss. Then the Company will pay the balance, if any, to the Insured. XS WC 00 01 01 06 Page 8 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY PART TWO - EMPLOYERS LIABILITY A. How This Part Applies. Part Two applies to loss for damages imposed upon the Insured for employers liability, other than workers compensation, by the law of any state(s) shown in Declarations Item 3. Part Two also applies to loss for damages imposed upon the Insured by the law of any other state(s) which is not shown in Declarations Item 4. Damages must result from bodily injury sustained by an employee which the Insured employed, at the time of the bodily injury, in a state(s) named in Declarations Item 3. The Insured's Specific Retention. The Insured must retain loss as shown in Declarations Item 7. The Insured's retention applies to Part One and to Part Two loss together, The Insured's retention for bodily injury by accident applies to each accident, ar series of accidents arising Out of or caused by a single occurrence whether such accident involves bodily injury to only one or more than one employee. The Insured's retention for disease and cumulative injury applies separately to each employee. Naming more than one Insured in Declarations Item 1 does not increase the Insured's retention. C. The Company's Agreement to Indemnify. Subject to the limit of liability set forth in the Declarations, the Company will indemnify the Insured for loss in excess of the Insured's retention. This indemnity may be reduced by a late reporting or independent contractor penalty. D. The Company's Specific Limit. The Company's Total Limit applies to Part One and Part Two Toss together. The maximum amount of loss the Company will indemnify the Insured for with respect to each accident or series of accidents arising out of one event is shown in Declarations Item 8(b). The maximum amount of loss the Company will indemnify the Insured for with respect to each employee for damage ar cumulative injury is shown in Declarations Item 9(b). Naming more than one insured in Declarations Item 1 does not increase the Company's limit. E. The insured's Retention For Aggregate Coverage. The amount of loss the Insured must retain as a result of all accidents, disease and cumulative injury exposures occurring during the Policy Period is shown in Item 10. This retention applies to Part One loss and Part Two Toss together. If no amount is shown in Item 10, insured shall have no aggregate retention and Insured's specific retention shall apply to each loss. In calculating the Insured's aggregate retention, Toss pertaining to each accident, disease or cumulative injury will be limited to the respective amount shown in Declarations item 7. Unless the Company cancels this policy, the Insured's aggregate retention will not be less than the minimum retention shown in Declarations Item 10 (c). if the Company cancels this policy, Insured's aggregate retention will not be less than the pro rata portion of minimum aggregate retention in item 10 (c). Naming more than one Insured in Declarations Item 1 does not increase the Insured's retention. Normal Premium is calculated as shown in Declarations Item 16 and is adjustable at audit; however the Insured's aggregate retention will never be less than the minimum retention listed under Item 10 (c). XS WC 00 01 01 06 Page 9 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY F. The Company's Aggregate Indemnity. The Company will indemnify the Insured for loss paid by the insured in excess of the Insureds aggregate retention as a result of all accidents, disease, and cumulative injury exposures occurring during the policy period. In calculating the Company's indemnity, loss pertaining to each accident, disease or cumulative injury will be limited to the respective amount shown in Declarations item 7. G. The Company's Aggregate Limit. The most loss the Company will indemnify the insured for as a result of all accidents, disease and cumulative injury exposures occurring during the policy period is shown in Declarations Item 11. This limit applies to Part One loss and Part Two loss together. Naming more than one Insured in Declarations Item 1 does not increase the Company's limit H. Loss. Loss means the amount actually paid by the Insured for damages imposed upon the Insured by law provided that these damages are the direct consequence of bodily injury that arises out of and in the course of the injured employee's employment by the Insured. Loss includes: 1. The amount paid by the Insured in settlement of claims for legal damages; 2. The amount paid by the insured in satisfaction of awards or judgments for damages; 3. The amount reserved by the Insured subject to the agreed value of claims, suits or proceedings as determined in accordance with any Commutation and Capitalization Endorsement, if any; and 4. Court costs, interest upon awards and judgments, and allocated investigation, adjustment and legal expenses pertaining to employers liability claims. This subparagraph 4 does not include: a. Salaries paid to the Insured's employees; b. Service company fees; c. Claims administration fees; or d. Sanctions, fines, penalties or punitive, multiple, or exemplary damages. Exclusions. Part Two does not cover: 1. Liability assumed under a contract; 2. Punitive or exemplary damages because of bodily injury sustained by an employee; 3. Punitive, exemplary or compensatory damages because of the Insured's conduct, or the conduct of anyone acting for the insured far which the Insured may be held responsible: a. In the investigation, trial or settlement of any employers liability claim; b. In failing to pay or delay in payment of any employers liability claim; or c. On account of violation of any Stale or Federal statute or regulation; XS WC 00 01 01 06 Page 10 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY 4. Bodily injury to an employee white employed in violation of Iaw with the Insureds actual knowledge or the actual knowledge of any of the Insured's executive officers; 5. Any obligation imposed by a workers compensation, occupational disease, cumulative injury, unemployment compensation, or disability benefits Iaw, the Longshore and Harbor Worker's Compensation Act, the Federal Employers' Liability Act, the Jones Act or any similar Iaw or any Federal Acts or State Act for a state(s) not set forth in Declarations Item 3. This includes any loss payable under the provisions of the Federal Employers* liability Act or the Jones Act; 6. Bodily injury intentionally caused or aggravated by the Insured. This exclusion does not apply to claim expenses (listed in subparagraph 4. of the definition of Loss) related to the injury; 7. Damages arising out of employment discharge or discrimination, refusal to hire, failure to promote, termination, demotion, discipline, defamation, invasion of privacy, coercion of an employee to perform an unlawful act, sexual harassment, verbal, physical, mental or emotional abuse, or any other personnel practices, policies, acts or omissions; 8. Loss payable under the provisions of the Racketeer -Influenced and Corrupt Organizations Act; 9. Any assessment made upon self -insurers, whether imposed by statute, regulation or otherwise, including any Department of Labor Second Injury Fund assessment; 10. Bodily injury to a master or member of the crew of any vessel; 11. Bodily injury occurring outside the United States. This exclusion does not apply to bodily injury to a citizen or resident of the state(s) listed in Item 3, who is temporarily working outside the United States for the Insured; 12. Claims arising from radioactive contamination whether directly or indirectly; or, 13. Loss payable under the law of the state(s) which is not named in Declarations Item 3, if Insured is protected from loss by any other insurance. J. Other insurance. If any other insurance exists protecting the Insured against loss covered by this insurance, this insurance shall apply in excess of the other insurance. The foregoing shall not apply to any insurance that is specifically in excess of the limits set forth in Declarations Items 8, 9 and 11. K. Recovery from Others. The Company has the Insured's rights to recover the Company's indemnity from anyone liable for a bodily injury covered by this Policy. The Insured will do everything necessary to protect those rights for the Company and to help the Company enforce them. The recovered amounts remaining after deducting the Company's recovery expenses will first be used to reduce the Company's loss. Then the Company will pay the balance, if any, to the Insured. XS WC 00 01 01 06 Page 11 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY PART THREE - CLAIMS A. The Insured's Claims Handling Duties. H is the insured's responsibility to investigate, settle, defend and appeal any claim made against the Insured. It is also the Insured's responsibility to investigate, settle, defend and appeal any suit brought or other proceeding instituted against the Insured. The insured agrees that it is a condition of coverage that, as a self -insurer, the Insured shall have the same legal duties and obligations with regard to the Company that a primary insurer owes to an excess insurer. These duties and obligations shall include: 1. A duty to act at all times in good faith; 2. A duty to accept all reasonable settlement demands within the retention; 3. A duty to explore reasonable settlement possibilities even in the absence of a settlement demand; and, 4. A duty to promptly remit the Insured's portion of any settlement amount and adjustment expenses in order to effectuate a settlement. Failure to promptly remit amounts due within the retention in connection with settlements, judgments and loss adjustment expenses under this Policy or any policy of which this Policy is a renewal shall be deemed to be non-payment of premium. B. The Insured's Claims Reporting Duties. The Insured must give the Company written notice, on forms approved by the Company, through the Company's representative as soon as the Insured learns of: 1. Any occurrence, claim, suit or proceeding for which the estimated amount of loss, including legal fees and expenses, equals 50% or more of the retention set forth in Declarations Item 7 or $100,000, whichever amount is the lesser; or 2. Any claim, suit or proceeding that appears to involve indemnity by the Company; 3. Any occurrence, claim, award, or proceeding judgment which the incurred is 50% of the retention or greater; 4. Any occurrence which causes serious injury to two or more employees; 5. Any case involving: a. Amputation of a major extremity; b. Brain or spinal cord injury; c. Death; d. Disability for a period of nine months or more; e. Permanent total disability as defined in the Workers' Compensation Act of the applicable state named in the Declarations; f. Any second or third degree bum of 25% or more of the body; g. Multiple or serious fracture; h. Loss of sight or hearing; i. Crushing or massive internal injury; j. The reopening of any case in which further award might involve liability of the Company; and XS WC 00 01 01 06 Page 12 of 17 NEIN YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY k. Any case where the claimant has been on temporary total disability (TTD) for a period of one year. I. Hospitalization of more than one (1) month. m. The Insureds report of loss shall include written notice containing particulars sufficient to identify the employee(s) and provide reasonably obtainable information with respect to the time, place and circumstances of Toss, including the identity of any known witnesses. C. Claims information. The Insured agrees to send to the Company any claims information which the Company may request. Within 20 days after the end of each Loss Reporting Period, as stated in Declarations Item 6, the Insured (or the Insured's claims administrator) must send the Company a currently valuated foss report (In a format satisfactory to the Company) including the claims paid by the Insured during the policy period and the Insureds reserves on all unpaid open claims. The claims listing will include individual claim information such as: date of injury; claim payments and reserves; loss description including body pari, nature and cause; loss adjustment expenses paid and reserved; and claimant name. D. Audit. The Insured will let the Company or the Companys representatives examine and audit all the Insured's claim records. The audits may be conducted during the Insured's regular business hours. E. Claims Participation by the Company. At the Company's own election and expense, the Company has the right, but not the obligation, to participate with the Insured in the settlement, defense or appeal of any claim, suit or proceeding which might involve a loss to the Company. F. Settlements. The Insured agrees not to make any voluntary settlement involving loss in excess of the retention set forth in Declarations Item 7 without the Company's, or the Company's representative's, prior written consent. PART FOUR - PREMIUM A. Deposit, Minimum, and Adjustment Premiums. At the beginning of the Policy Period the Insured must pay the Company the deposit premium shown in the Declarations Item 12(b). The Minimum Premium shown in Declarations Item 12(a) is not subject to adjustment. This Minimum Premium is fully earned at inception, except if the Policy is cancelled as of the inception date, shown in Declarations Item 5(a). At the end of the Policy Period either: 1. The Insured will remit to the Company the amount by which the final premium is greater than the deposit premium; or 2. The Company will remit to the Insured the amount by which the deposit premium is greater than the final premium but not less than the Minimum Premium shown in Declarations Item 12(a). XS WC 00 01 01 06 Page 13 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY S. Payroll Report. Within 45 days after the end of the Policy Period, the Insured must send the Company a report (in a format satisfactory to the Company) showing the amount of payroll earned by the Insured's employees during the Policy Period. The Company may, at the Company's election, require periodic reports during the Policy Period. C. Final Premium. The final premium due the Company for the Policy Period will be computed as shown in Declarations Item 12, but amended as a result of the Insured's final payroll report and the Company audit, Unless this Policy is cancelled, final premium will be at least the minimum premium shown in the Declarations. if the Company cancels this Policy, final premium will be calculated pro rata based an the time this Policy was in force. Final premium will not be less than the pro rata share of the minimum premium. If the Insured cancels this Policy, final premium will be more than pro rata; it will be based an the lime this Policy was in force, and increased by the customary short rate table and procedure. Final premium will not be less than the short rate portion of the minimum premium_ D. Payroll. Payroll means the gross pay to the Insured's employees, before any deductions other than overtime surcharges, for the Policy Period plus other amounts and items received by the Insured's employees as part of their pay for the Policy Period. E. Records. The Insured will keep records of information needed to compute premium. The Insured will provide the Company with copies of those records when the Company asks for them. F. Audit. The Insured will tet the Company or the Company's representatives examine and audit all the Insured's payroll records as they relate to this Policy. The audits may be conducted during the Insured's regular business hours. PART FIVE - CONDITIONS A. Agreement upon Terms. The Insured's acceptance of this Policy means that the Insured agrees with the Company upon the terms of this Policy. B. Sole Representative. The Insured first named in Declarations Item 1 will act on behalf of all insureds to change this Policy, to accept indemnity payments, to receive return premium and to give or receive notice of cancellation. C. Bankruptcy or Insolvency. The Insured's bankruptcy or insolvency will not relieve the Company from the payment of any claim covered by this Policy. However, this Policy provides excess coverage only. In the event of the Insured's bankruptcy or insolvency, the Company shall be under no liability whatsoever to indemnify anyone for loss which is not in excess of the retention amount set forth in Declarations Item 7, with a maximum liability as set forth in Declaration Items 8, 9, and 11. D. Transfer of the Insured's Rights and Duties. The Insured's rights or duties under this Policy may not be transferred without the Company's written consent. This provision does not apply 10 duties transferred to a Claims Service Company. XS WC 00 01 01 06 Page 14 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY E. Claims Service and Administration. This Policy contemplates the concurrent and continued existence of a separate service agreement between the Insured and the Claims Service Company(ies) acceptable to the Company named in Declarations Item 13. The performance of such services shall not constitute any understanding on behalf of the Company, nor relieve the Insured of any of the Insured's obligations under this Policy. The Insured must obtain prior written approval from the Company for any change in Claims Service Company, otherwise the change shall operate as notice of cancellation of this Policy by the Insured. If the insured is a self-administered account, the provisions of this Section do not apply. Inspections and Surveys. The Company has the right but is not obligated to: 1. Make inspections and surveys at any time during the lnsured's regular business hours; 2. Give the Insured reports on the conditions the Company finds; and 3. Recommend changes to the Insured's workers compensation -related procedures. Any inspections, surveys, reports or recommendations relate only to insurability of the Insured and the premiums to be charged. The Company does not make safety inspections. The Company does not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. The Company does not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to the Company, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys or reports. G. Service of Suit Clause (U.S.A.) it is agreed that in the event of the Company's failure to pay any amount claimed to be due hereunder the Company, at the lnsured's request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Company's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any State In the United States. It is further agreed that service of process in such suit may be made upon the representative listed in Declarations item 15, and that in any suit instituted against the Company upon this Policy, the Company will abide by the final decision of such court or of any Appellate court in the event of an appeal. The representative named in Declarations Item 15 is authorized and directed to accept service of process on the Company's behalf in any such suit and/or upon the Insured's request to give a written undertaking to the Insured that they will enter a general appearance upon the Company's behalf in the event such a suit shall be instituted. XS WC 00 01 01 06 Page 15 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, the Company hereby designates the Superintendent, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute or his successor or successors in office, as the Company's true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by the insured, or on the Insureds or any beneficiary's behalf, hereunder arising out of this Policy, and hereby designates the above- named as the person to whom said officer is authorized to serve such process or a true copy thereof. H. Cancellation. The Insured may cancel this Policy by giving the Company, through the Company's representative as stated in the Declarations Item 15, at least 30 days advance notice by registered mail stating the cancellation date. The Company may cancel this Policy by giving the Insured at least 30 days advance notice by registered mail stating the cancellation date. The Company's mailing of registered notice to the lnsured's address shown in Declarations Item 2(a) will be sufficient proof that the Company cancelled this Policy. XS WC 00 01 01 06 Page 16 of 17 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Named Insured: Policy No.: Policy Period: IN WITNESS WHEREOF, New York Marine and General Insurance Company has caused this policy to be signed by its President and Secretary. President Secretary XSWC0001 01 06 Page 17of17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS AND AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Premium Endorsement PART FOUR -- PREMIUM, A. Deposit, Minimum and Adjustment Premiums is deleted and replaced:With the following: A. Deposit, Minimum and Adjustment Premiums. At the beginning of the policy period, the Insured must pay the Company the`deposit premium shown in Declarations Item 12(b). Premium is ;payable as follows: Amount Due Date The minimum premium shown in Declarations; item 12(a) is nolsubject to ad;'ust rent unless the policy is canceled by the Insured or the Company. If cariceled•by the Company, the Minimum premium will be calculated on a pro rata basis. If canceled by the Insured; t'he njinimurn premium will be the short rate calculation from the inception date to the eanceliation date. At the end of the policy period either: 1. The Insured will remit tb the Company the amount by which the final premium is greater than the deposit premium, dr 2. The Company will remit to the insured the amount by which the deposit premium is greater than the final premiuM,but not fess than the mir irnum premium shown in Declarations Item 12(a). XS WC 00 05 01 06 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS AND AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY Report Claims to: CLAIM REPORTING REQUIREMENTS Midlands Management Corporation 3817 Northwest Expressway Ste 1000 Post Office Box 22778 Oklahoma City, OK 73123-1778 Phone: 405-840-0074 Fax: 405-426-6197 The insured, its agent or claims administrator shall give immediate notice to Midlands Management Corporation upon learning of any of the following: A. Any claim, suit or proceeding that appears to involve indemnity by the Company; B. Any occurrence, claim, award, or proceeding judgment, which the incurred is $100,000; C. Any occurrence, which causes serious injury to two or more employees; D. Any case involving: 1. Amputation of major extremity; 2. Brain or spinal cord injury; 3. Death; 4. Disability for a period of nine months or more; 5. Permanent total disability as defined in the Workers' Compensation Act to the applicable state named in the Declarations; 6. Any second or third degree burn of 25% or more of the body; 7. Multiple or serious fracture 8. Loss of sight or hearing 9. Crushing or massive internal injury E. The reopening of any case in which further award might involve liability of the Company; and F. Any case where the claimant has been on temporary total disability (TTD) for a period of one year. G. Hospitalization of more than one (1) month. XS WC 00 06 01 06 PAGE 1 OF 2 The Insured shall make no voluntary settlement involving loss to the Company except with the written consent of Midlands Management Corporation. The insured, agent or claims administrator shall forward promptly to Midlands Management Corporation any information it may request on the individual occurrences, claims or cases. The Insured, agent or claims administrator shall render to Midlands Management Corporation within 45 days of the end of the contract period, and experience report on a form satisfactory to Midlands Management Corporation, showing in detail the amounts disbursed during the contract period in settling claims and the estimated future payments on, or reserves for, outstanding claims. Please make certain that all persons responsible for claims reporting activity in the insureds firm are entirely familiar with these provisions, Attached are forms to be used in reporting claim data to Midlands: 1. WORKER'S COMPENSATION REPORT used to initially report a claim, used as an interim report and used to close a claim. 2. CLAIMS RESERVE WORKSHEET to be used to advise initial as well as updates of reserve estimates. 3. AGGREGATE WORKSHEET to be submitted on a quarterly basis. 4. EXCESS CLAIM REIMBURSEMENT REQUEST to be used when specific layer of coverage has been reached. Should you have any questions on the criteria or any other areas regarding the reporting of claims, please call Midlands Management Corporation, 405-840-0074. XSWC00060106 PAGE2OF2 New York Marine and General Insurance Company California Endorsement SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INDEMNITY POLICY PART FIVE -CONDITIONS, H. Cancellation, is deleted in its entirety and replaced by the following: H. Cancellation. This policy may be canceled or non -renewed by the Insured or by the Company by giving written notice at least thirty (20) days prior to the date on which coverage is to cease. The notice must include the date as of which the policy is to be canceled and must be sent by certified mail to the Insured's address as shown on Declarations Items 2(a), with a copy sent to: Office of Self insurance Plans Attention: Manager 2265 Watt Avenue Suite 1 Sacramento CA 95825 XS WC 01 03 01 06 Page 1 of 1 NEW YORK MARINE AND GENERAL INSURANCE COMPANY FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. ALASKA: A person who knowingly and with intent to injure, defraud, or deceive an insurance company fifes a claim containing false, incomplete, or misleading information may be prosecuted under state law. ARIZONA: FOR YOUR PROTECTION ARIZONA LAW REQUIRES THE FOLLOWING STATEMENT TO APPEAR ON THIS FORM. ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS IS SUBJECT. TO CRIMINAL AND CIVIL PENALTIES. f-' ARKANSAS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for.-insurance'is,guilty of a crime and may be subject to fines and confinement in prison. ,: - CALIFORNIA: For your protection, California law requires that;;you be`' made aware 'of the following: Any person who knowingly presents false or fraudulent:claim,gfor the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. COLORADO: It is unlawful to knowingly provide false' incomplete, or n\isleading facts or information to an insurance company for the purpose of 'defrauding orattempting to defraud the company, Penalties may include imprisonment, fines, denial of insurance, andcivil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the, purpose of defrauding or attempting to defraud the policyholder or claimant, with regard to a setlement or award payable from insurance proceeds shall be reported' to the Colorado. division of insurance within the department of regulatory agencies. DISTRICT OF COLUMBIA - WARNING: It is a crime to provide false, or misreading information to an insurer for the purpose of defrauding the insurer pr any other person. Penalties include Imprisonment andlor fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. HAWAII: For your protection, kiawaii law requires you to be informed that any person who presents a fraudulent clairri for eayment.of a Foss or benefit is guilty of a crime punishable by fines or imprisonment, or both. IDAHO: Any person wha,knowingly, apd with intent to defraud or deceive any insurance company, files arstatement`of°claim containing any false, incomplete or misleading information is guilty of a felony. INDIANA: Any,person who knoVyingly and with intent to defraud an insurer files a statement of claim containing anyfalse, incoMplete, or misleading information commits a felony. LOUISIANA: Any person who knowingly presents a false or fraudulent claim for payment of a loss or.benefit-or knowingly presents false information in an application for insurance is guilty of a crime "and -.may-be•subject to fines and confinement in prison. MAINE: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may incFude imprisonment,' fines, or a denial of insurance benefits. MINNESOTA: Any person who fifes a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime. NEW HAMPSHIRE: Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20. NEW JERSEY: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. NEW JERSEY: Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties. CL 04 01 01 06 Page 1 of 2 NEW YORK MARINE AND GENERAL INSURANCE COMPANY NEW MEXICO: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. NEW YORK: The following statement is to be attached to and form a part of the policy application: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim: containing any materially false information, or conceals for the purpose of misleading, information concerning any fact, aterial thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to -a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. OHIO: Any person who, with intent to defraud or knowing that he is facilitating,a fraud -against an insurer, submits an application or files a claim containing a false or de_ ceptive staternent-ts°guilty of insurance fraud. OKLAHOMA - WARNING -- Any person who knowingly, and -with intent to rnjurez• defraud or deceive any insurer, makes any claim for the proceeds of ari' insurance°policy,eontaining any false, incomplete or misleading information is guilty of a felony. OREGON: Any person who knowingly presents a false or fraudulent`'c atm,tor payment of a loss or benefit or knowingly presents materially false information in an application for insurance may be guilty of a crime and may be subject to fines and,confineMent in prison . PENNSYLVANIA: Any person who knowinglyarzd With Intent:to defraud any insurance company or other person files an application for insurance or statement tf claim containing any materially false information, or conceals for the purpose.ot,misleading, information concerning any fact material thereto commits a fraudulentirdsurance,act, which is:a crime and subjects such person to criminal and civil penalties. TENNESSEE: It is a crime to knowingly provide false,incomplete or misleading information to an insurance company for the purpose, of defrauding the company. Penalties include imprisonment, fines and denial of insurance -benefits, VIRGINIA: It is a crime t© knowingly provide false, incomplete or misleading information to an insurance company for the purpose of,defratxding the company. Penalties include imprisonment, fines and denial of insurance..benefits. a« �' 1 CL 04 01 01 06 Page 2 of 2 NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INDEMNITY POLICY MISCELLANEOUS ENDORSEMENT #xx It is hereby understood and agreed that Declarations Item 12 is deleted and replaced with: Item 12. Premium: (a) Minimum: $xxxxxxxxxxx (b) Deposit: $xxxxxxxxxxx (c) Rate (per $100 of Total Payroll): xxxx.xxxx (d) Terrorism charge of $xxxxxxxx is included in 12(a) and 12(b) above and is adjustable at audit. Alt other terms remain unchanged. Applicable to and forming part of Policy Number xxxxxxxxxx Issued by New York Marine and General insurance Company ta xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx of xx dated xxxxxxxxxxxxxxxxxxxx. Authorized Representative ENDORSE xx NEW YORK MARINE AND GENERAL INSURANCE COMPANY SPECIFIC EXCESS & AGGREGATE EXCESS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INDEMNITY POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VOLUNTARY COMPENSATION AND EMPLOYERS LIABILTY COVERAGE ENDORSEMENT MANUSCRIPTED ESPECIALLY FOR XX This endorsement modifies the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. A. Haw This Insurance Applies This insurance applies, with respect to this endorsement, to bodily injury by accident or bodily injury by disease provided that the: 1. The bodily injury must be sustained by an employee included in the group of employees described in the Schedule below; 2. The bodily injury must arise out of and in the course of employment necessary or incidental to work in a state listed on Item 3 of the Declarations Page: 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen temporarily away from those places; and 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the Insured's employment. The employee's last day of exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. SCHEDULE Employees Designated Workers Compensation Law All employees not subject to the workers Self Insured State compensation law. B. The Company Will Reimburse The Company will reimburse the Insured for the amount equal to the benefits that is excess of Insured's Specific Retention Combined as stated in Item 7 of the Declarations Page that would be required if the Insured's employee(s) described in the Schedule above were subject to the Workers Compensation Law shown in the Schedule. This reimbursement by the Company will not exceed the Company's Limit Each Accident Combined and Company's Limit Each Employee for Disease or Cumulative Injury Combined as stated in Item 8 (a) and 9 (a) of the Declarations Page. C. Exclusions — Payments You Must Make This insurance does not cover, nor is Insured's Specific Retention Combined satisfied by, any of the following types of payments. ENDORSE XX Page I of 2 1. Any occurrences in the following countries: 2. Any obligation imposed by a workers compensation or occupational disease law, unemployment compensation, ar disability benefits law or any similar law; 3. Bodily injury intentionally caused or aggravated by the Insured; or 4. Liability for any consequence, whether direct or indirect, of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, insurrection, rebellion, revolution, or military or usurped power. No endorsement now or subsequently attached to this policy will be construed as overriding or waiving this limitation unless specifically referenced. D. Our Reimbursement Before the Company will reimburse the Insured for the amount equal to the benefits that are in excess of the Insured's Specific Retention Combined, the claimants must: 1. Release the Company and the Insured, in writing, of all responsibility for the injury or death; 2. Transfer to the Company the claimant's right to recover from others who may be responsible for the injury or death; and 3. Cooperate with the Company and do everything necessary to enable the Company to enforce the right of recovery from others. If the claimants make a recovery from others, the claimant must reimburse the Company for any benefits the Company has reimbursed the Insured. If the claimants fail to comply with this provision, the Company's obligation to reimburse the Insured ar to pay any damages or expenses ends immediately. E. Employers Liability insurance PART TWO — EMPLOYERS LIABILITY INSURANCE applies to bodily injury covered by this endorsement as though the state(s) of hire were listed in the Item 3 of the Declarations Page. The state(s) of hire Include any location where the employee is normally employed. All other terms remain unchanged. Applicable to and forming part of Policy Number issued by New York Marine And General Insurance Company to of dated at New York. Authorized Representative ENDORSE XX Rage 2 of 2 History of Premiums and Losses City of Temecula History of Premium and losses 4 - 2 2 2 2 m % 5 $ § ■ > k p. & Ts' \ k 6 ■ k � 2 � acr r mrte 2 k m 120 k k q \ § § § k § in d 2 / n § k 2 § riL/ / 0 7 - m w q 0 t ri / & / _ _ § a % 4 r r1 4 & 2 } • All Claims Closed For payrolls see supplemental application Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, City Manager DATE: January 28, 2014 SUBJECT: Sponsorship Agreement with the Rotary Club of Temecula for the "Taste of the World" event — March 21, 2014 (at the request of Council Member Washington) PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council approve a City Sponsorship Agreement to provide in-kind marketing for the Rotary Club of Temecula "Taste of the World" event. BACKGROUND: The Rotary Club of Temecula (the Club) was established in 1974 and was formed by business and professional leaders who wish to encourage and foster humanitarian service. Today, the Temecula Rotary has grown into one of the largest Club's in the Valley. The Club has donated funds to various organizations, schools and people in the Temecula Valley ranging from college scholarships for high schools students to retrofitting homes for wounded warriors and their military families living here in Temecula. On March 21, 2014, the Club will be hosting an international food tasting event called "Taste of the World" that will feature over fifteen local restaurants as well as Temecula local wineries and breweries. The event, to be held at South Coast Winery, will promote eating and drinking establishments located within the City of Temecula and the Temecula Valley as well as be a major fundraiser for the Club's scholarship program (given to students within the Temecula Valley) and to the Club's international humanitarian efforts. The Rotary Club of Temecula is the primary event coordinator and is asking the City of Temecula for in-kind marketing support for the Taste of the World event. FISCAL IMPACT: There will be no fiscal impact to the City of Temecula. All marketing for the event will be done through existing economic development marketing avenues at no additional expense to the City. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND ROTARY CLUB OF TEMECULA THIS AGREEMENT is made and effective as of this 28th day of January, 2014, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and the Rotary Club of Temecula, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Taste of the World (hereinafter referred to as the "Event") on March 21, 2014. The Event is a special event which is located at Southcoast Winery. b. The Club will be hosting an international food tasting event called "Taste of the World" that will feature over fifteen local restaurants as well as Temecula local wineries and breweries. The event, to be held at South Coast Winery, will promote eating and drinking establishments located within the City of Temecula and the Temecula Valley as well as be a major fundraiser for the Club's scholarship program (given to students within the Temecula Valley) and to the Club's international humanitarian efforts. c. Alcohol "will" be served. d. The City desires to be a Co -Sponsor of the Event. 2. TERM This Agreement shall commence on January 28, 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 22, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind promotional services valued at an amount not to exceed Ten Thousand Four Hundred Fifteen Dollars and 00/100 ($10,415.00), as listed in Exhibit A, the City of Temecula shall be designated as a Co -Sponsor of the Event. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 5. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by January 28, 2014, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Rotary Club of Temecula P.O. Box 64 Temecula, CA 92593 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. c. 10. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 11. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: By: Gwyn R. Flores, CMC, Acting City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney ROTARY CLUB OF TEMECULA (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Kim Kelliher, President By: Mike Noon, Vice President NONPROFIT Rotary Club of Temecula P.O. Box 64 Temecula, CA 92593 951.693.5755 PM Initials: D Q Date: !/ EXHIBIT "A" ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Go Red Heart Disease Community Special Event is as follows: Item Value Local Government Channel 3 Cable Channel $ 5,100.00 Event slide appears approximately once per hour for 30 seconds Auto Mall Marque $ 3,115.00 Appears approximately once every 4 1/2 minutes City Website $ 2,200.00 Event listing on the City of Temecula Website TOTAL VALUE: $ 10,415.00 Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: January 28, 2014 SUBJECT: Acceleration of AB 2766 Appropriations from Fiscal Year 2014-15 for Temecula Park and Ride, PW06-09 RECOMMENDATION: That the City Council approve the acceleration of AB 2766 appropriations, in the amount of $564,175, from Fiscal Year 2014-15 for the Temecula Park and Ride Project, PW06-09. BACKGROUND: The Temecula Park and Ride Project, PW06-09, will construct a park and ride facility at the northeast corner of Temecula Parkway and La Paz Street. The improvements to this 2.91 acre site will include spaces for 157 vehicles, bicycle lockers, storm drains, landscaping and irrigation, lighting, asphalt pavement, signing and striping, retaining wall, concrete stairway, and concrete curbs and driveway. The design of the project was completed in 2011 and the project was postponed due to the lack of sufficient funds to complete it. This project has been designated as a Transportation Control Measure (TCM) project pursuant to the Air Quality Management Plan/State Implementation Plan (AQMP/SIP) to meet air quality conformity. The 2012 Regional Transportation Plan (RTP) and the 2011 Federal Transportation Improvement Program (FTIP) identifies the Temecula Park and Ride project as a committed (programmed in the first two years of the FTIP) TCM project. Once a TCM is committed for implementation in the first two years of the FTIP, the committed TCM must be operational by the completion date in the prevailing FTIP or FTIP amendment. The Temecula Park and Ride must be completed by December 31, 2015 in order to fulfill these requirements. During 2013, Riverside County Transportation Commission (RCTC) issued a Multi -Funding Call for projects to agencies in Riverside County. The call for projects included opportunities for agencies to submit fund requests under multiple programs. One of the projects submitted by the City of Temecula was the Temecula Park and Ride project. Funds were requested under the federal Congestion Mitigation and Air Quality (CMAQ) program. At its January 8, 2014 meeting, RCTC approved the funding request submitted by the City of Temecula in the amount $1,300,750. This amount represents the funds needed to fully fund this project. Staff requests to accelerate the AB 2766 funds in order to prepare the project for construction bids. Even though the design is complete, the award of federal funds dictates that a federal National Environmental Policy Act (NEPA) environmental document be prepared. In addition, a Water Quality Management Plan (WQMP) will also need to be completed. Finally, the design will need to be reviewed for compatibility to the latest standards and regulations and updated, if necessary. FISCAL IMPACT: The Temecula Park and Ride Project, PW06-09, is identified in the City's Capital Improvement Program Budget for Fiscal Years 2014-18, and is funded with AB 2766, and Capital Projects Reserves. With the approval of the CMAQ funds in the amount of $1,300,750 by RCTC, sufficient funds will be available to complete the project. ATTACHMENTS: 1. Project Location 2. Project Description TEMECULA PARK AND RIDE Infrastructure / Other Project Location Aerial Data - March 2010 0 150 300 Feet 600 120 2014-15 2016-17 $ 1,500 Capital Improvement Program Fiscal Years 2014-18 TEMECULA PARK AND RIDE Infrastructure / Other Project Project Description: This project includes the acquisition of property, design, and construction of a Park and Ride facility in the vicinity of Temecula Parkway and La Paz Street. Benefit / Core Value: This project enables and encourages Temecula residents to carpool when commuting. In addition, this project satisfies the City's Core Value of A Sustainable City. Project Status: The design of this project is complete. This project has been designated as a Transportation Control Measure (TCM) project pursuant to the Air Quality Management Plan/State Implementation Plan (AQMP/SIP) to meet air quality conformity. The 2012 Regional Transportation Plan (RTP) and the current 2011 Federal Transportation Improvement Program (FTIP) identifies the Temecula Park and Ride as a committed (programmed in the first two years of the FTIP) TCM project. Once a TCM is committed for implementation in the first two years of the FTIP, the committed TCM must be operational by the completion date in the prevailing FTIP or FTIP amendment. The Temecula Park and Ride must be completed by December 31, 2015 in order to fulfill these requirements. Department: Public Works—Account No. 210.165.747 Level: I Project Cost: Fiscal Year Prior Years Ended 2013 2013-14 Actual Carryover Adopted Expenditures Budget Appropriation 2014-15 Projected 2015-16 2016-17 2017-18 Total Project Projected Projected Projected Cost Administration $ 38,880 $ 75,000 $ 165,000 $ 278,880 Acquisition $ 187,530 $ 187,530 Construction $ 272,967 $ 330,175 $1,269,825 $ 1,600,000 Construction $1,345,130 $ 1,345,130 Engineering $ 365,093 $ - $ - $ 64,000 $1,434,825 $ - $ - $ 64,000 Design $ 138,683 $ 15,000 $ 153,683 MSHCP $ 80,000 $ 80,000 Totals $ 365,093 $ - $ - $ 564,175 $1,434,825 $ - $ - $ 2,364,093 Source of Funds: Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted Appropriation 2014-15 Projected 2015-16 Projected 2016-17 Projected 2017-18 Total Project Projected Cost AB 2766 $ 92,126 $ 564,175 $ 89,695 $ 745,996 Capital Project Reserves $ 272,967 $ 272,967 Unspecified* $1,345,130 $ 1,345,130 Total Funding: $ 365,093 $ - $ - $ 564,175 $1,434,825 $ - $ - $ 2,364,093 Future Operation & Maintenance Costs: 2013-14 *Project cannot be constructed until a funding source is identified. 121 2015-16 2017-18 $ 1,530 Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: January 28, 2014 SUBJECT: Acceptance of Improvements and Notice of Completion for Fire Station 84 Roof Replacement, PW 13-01 PREPARED BY: Avlin Odviar, Senior Engineer William Becerra, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the construction of Fire Station 84 Roof Replacement, PW13-01, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 3. Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On August 13, 2013, the City Council awarded a construction contract to AMR, Inc. d/b/a All Weather Roofing, in the amount of $67,516.00, to complete the Fire Station 84 Roof Replacement, PW 13-01. The Fire Station 84 Roof Replacement, PW13-01, is included in the City Facilities Rehabilitation program. This project replaced the existing roof with a new asphalt shingle system on all sloped areas of the Fire Station 84 roof. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from November 25, 2013; the date the work was substantially completed. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: Fire Station 84 Roof Replacement, PW13-01, is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2014-18 as part of the City Facilities Rehabilitation program and is funded with Capital Project Reserves. The original contract amount was $67,516, and contract change orders totaled $768, for a total project cost of $68,284. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to AWR, Inc., d/b/a All Weather Roofing, 229 N Loma Place, Upland, California 91786, to perform the following work of improvement: FIRE STATION 84 ROOF REPLACEMENT Project No. PW13-01 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on January 28, 2014. That upon said contract the Western Surety Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: FIRE STATION 84 ROOF REPLACEMENT Project No. PW13-01 6. The location of said property is: 30650 Pauba Road, Temecula, California. C:\Program Files (x86)\neevia.com\docConverterPro\temp \NVDC\B960D672-808F-4F1 E-863D-88AA1 BF3CF4C\6043.docx Form Dated at Temecula, California, this 28th day of January 2014. City of Temecula Gwyn R. Flores, CMC, Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk, of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 28th day of January 2014. City of Temecula Gwyn R. Flores, CMC, Acting City Clerk C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\B960D672-808F-4F1 E-863D-88AA1 BF3CF4C\6043.docx Form CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 71451319 MAINTENANCE BOND FOR FIRE STATION 84 ROOF REPLACEMENT PROJECT NO. PW13.01 KNOW ALL PERSONS BY THESE PRESENT THAT: A W R, Inc. dba All Weather Roofing, 229 N. Loma P1., Upland, CA 91786 NAME AND ADDRESS CONTRACTOR'S a Corporation . hereinafter called Principal, and (fill in wY*11) r a Corporation. Parmtrrsh a or end%v1dua+1 WESTERN SURETY COMPANY, 333 S. Wabash Ave., 41st Floor, Chicago, IL 60604 NAME AND ADDRESS OF SURETY Hereinafter called SURETY, are held and firmly bound unto CITY Of: TEMECULA. hereinafter called OWNER, sn the penal sum 01 Sixty Seven Thousand Five Hundred Sixteen DOLLARS and no CENTS {$ 6016.00 ) in iawfu, money of the United States, said slim being not less than ten (i0%) of the Contract value payable by the said City of Temccu'a under the terms of the Contract, for tete payment of which, we bind ourselves, successors, and assigns, Jointly and severa,ly. firmly by these presents THE CONDITION OF THIS OBLIGATION is such that wriereas, the Principal entered into a certain Contract with the OWNER. dated the day of Arrgg 2013, a copy of which is Hereto attached and made a part hereof For the construction of FIRE STATION 84 ROOF REPLACEMENT, PROJECT M0, PW13-01. WHEREAS, said Contract provides that the Principal will Lirnish a Mord conditioned to guarantee far the period of one V') year after approval of the final estimate on sad Job, by the OWNER.. against all defects in workmanship and materials which may become apparent during said period: and W EREAS 'he said Contract has been completed, and was the final estimate approved on NOttigrel `e., Z .72013. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if wehin one year from the date of approval of Ine final estimate an said iota pursuant to.the Contract. the work done under the terms Of said Contract shall disc ose poor workmanship in the execution of said work, and the carrying out ci the terrns of said Contract. or it shall appear Fiat aefective materials were furnished thereunder. then this obligation shall remain in Brit force and virtue, otherwsse this instrument shati be void. mA TFNAKE 9ANC Bond 71451319 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney s fees incurred by the City of Temecula it successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time. alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shat; in any way affect its obligations on this bond. and it does hereby waive notice of any such change, extension of time, alteration. or addition to the terms of the Contract or to the work, or to the Specifications. S:gned and sealed this 12th (Seal) SURETY WESTERN By: if/COMPANY BLAKE A PFISTER (Nacre) ATTORNEY IN FACT (Title) APPROVED AS TO FORM: Peter M rh3rson, City Atlomey day Of December 2013. PRINCIPAL A W R, Inc dba All. Weather Roofing 4y: JtEF 4 Fill t: i ' s (Named jy1 (Titin) �/ By: (Nerve) 0111e) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures MA NTE'iM CE ®0) vS•J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 VT- C c Cmc 6et<x t.de.c C`.c-RW.:rcW State of California County of Orange } On Decemberl3, 203efore me, Lianne Nahina, Notary Public Date personally appeared Blake A. Pfister Here Insert Name and Title of the Officer Name(s) of Signer(s) 419,52351M {4�?A£�i1:,Agyqq 4 9,5 3:qq S M j��f) (IC•G'11FC ' A COUNIY • 'MY C{.il i? . EXP i?b"' 5, 2 11 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(*) whose name(s) is/assr subscribed to the within instrument and acknowledged to me that he/aimairaty executed the same in his/IRlarlleir authorized capacity*, and that by his/1=iiimoik signature(s) on the instrument the person., or the entity upon behalf of which the person(! acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (C;A-,q4c Signature: OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond 71451319 Document Date: December 12, 2013 Signer(s) Other Than Named Above None Number of Pages: 2 Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister Li Corporate Officer — Title(s): Individual 11 Partner — 7 Limited - General a Attorney in Fact 7 Trustee Guardian or Conservator = Other: RIGHT THUMSPRlNT OF SIGNER Top of thumb here Signer's Name: Corporate Officer — Title(s): Individual - Partner — 7 Limited General = Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer Is Representing: Western Surety Company s �^rccv ca c cs :�k c �seYc vEc ;x r ec: �^sGI txEu tYtscc�c¢ c RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No 714 51319 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint _ BLAKE A EELS TER its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: A W R, Inc. dba All Weather Roofing Obligee: City of Temecula Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made raider and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of Auqu s t 16 2014 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its } ,tliiaffixed this 12th day of December 2013 corporate s b iti Ric :M'S • s AAP *.• 3i 9T i5V WL•?TI_ ErA COLTINISA WEST 4 SURETY COMPANY Paul T.$ruflat, Vice President On this 12th day of December , in the year 2013 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee • • f said co „ att'on {{{¢ S. PETRIK $ E 0 IIQTARY PUBLIC �+ • SOUTH DAKOTA''. } tw. My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this December 2013 otary Public - South Dakota Form F5306-8-2012 12th day of WEST SURE _ COMPANY Paul T. uflat, Vice President State of California. County of San Bernardino ACKNOWLEDGMENT }ss } On December 16th,2013 before me, Jeremy Roberts. Notary Public personally appeared Stephen G. Roberts , who proved to me on the basis of satisfactory evidence to be the person whose name are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in /her/their authorized capacity(i ), and that by hi /her/they signature on the instrument the person , or t e entity upon behalf of which the persor}(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the States of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign re of Notary JEREMY ROBERTS Commission No. 1961738 NOTARY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires NOVEMBER 25, 2015 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE FIRE STATION 84 ROOF REPLACEMENT PROJECT NO. PW13-01 This is to certify that AWR, Inc. d/b/a All Weather Roofing, (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as FIRE STATION 84 ROOF REPLACEMENT, PROJECT NO. PW13-01, situated in the City of Temecula, State of California, more particularly described as follows: 30650 Pauba Rd., Temecula, California INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: ! % / 5 /0 By: CONTRACTOR Signature Stephen Roberts Print Name and Title TEMECULA COMMUNITY SERVICES DISTRICT Item No. 11 ACTION MINUTES of January 14, 2014 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:33 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 10 Action Minutes — Approved Staff Recommendation (4-1-0, Director Washington abstained) Director Edwards made the motion; it was seconded by Director Roberts; and electronic vote reflected approval by Directors Comerchero, Naggar, Roberts, and Edwards; Director Washington abstained. RECOMMENDATION: 10.1 Approve the action minutes of December 10, 2013. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:35 P.M., the Community Services District was formally adjourned to Tuesday, January 28, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Gwyn R. Flores, CMC Acting City Clerk/Acting District Secretary [SEAL] Item No. 12 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin L. Hawkins, Director of Community Services DATE: January 28, 2014 SUBJECT: Sponsorship Agreement with Safe Alternatives for Everyone, Inc. (S.A.F.E.) PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors approve the Sponsorship Agreement with Safe Alternatives for Everyone, Inc., in the amount of $10,000 cash and approximately $1,200 of in-kind facility rental fees, so that S.A.F.E. can provide our community with quality services for children, youth, and families who have experienced or are at risk of abuse and violence. BACKGROUND: The City of Temecula has been sponsoring S.A.F.E. for the past eleven years to assist in their providing social services to members of our community. Their mission is to serve children, youth and families affected by or at risk of abuse and violence in our community. In the last year, S.A.F.E. served 1,486 clients through their programs listed below: • Case Management — Families presenting to S.A.F.E. receive case management for a period that is designated by each family's unique needs. Some case management services are intensive and require multiple meetings and services over several years to address family crisis, while others are less intensive requiring 3-6 months of services. • Basic Needs Assistance — This service provision has proven to be a keystone in the agency's service delivery, because these basic needs address and alleviate immediate family needs such as food, gasoline, emergency hotel stays and critical childcare/medication, etc.. S.A.F.E. has seen an increase in the need for these types of services along with assistance to make the next steps towards family safety. Financial assistance is also available via the Southwest Family Justice Center through their staff housed at that facility. • Resource and Referral — S.A.F.E. provides appropriate resources and referrals to all callers requesting services regardless of issues they are presenting. There are times when S.A.F.E. is not able to provide a direct service; however their trained staff is able, through client assessment to ascertain their needs and then direct them to resources within our community. S.A.F.E. realizes that accessing services can be difficult and frustrating, and they offer options to clients that they may not have considered in maneuvering through the social services network of help. • Family Justice Center — This is the primary location where victims of domestic violence are able to receive comprehensive crisis services from multiple agencies under one roof. S.A.F.E. has a designated staff person on site to assist clients with restraining orders, court accompaniment, case management, shelter referrals and placement. S.A.F.E.'s service provision also extends to offer a 10 -week domestic violence education group for victims. Their goal is to assist victims in safely making decisions for themselves and their families, so that returning to the abuser is not a viable option. • Parent Project — This parenting program is designed for families with challenging pre -teens and teens that are actively engaging in "at risk" behaviors such as drug and alcohol use, school truancy and teen dating violence, to name a few. S.A.F.E. staff partners with the Temecula Police, to offer this program two times per year. In return for all the services mentioned above, the City is providing the following: • Cash in the amount of ten thousand dollars ($10,000). • Use of the city's Conference Center or Community Recreation Center (CRC) for 4 meetings at 5 hours each for an approximate in-kind value of $1,200 FISCAL IMPACT: Funds for Safe Alternatives for Everyone have been appropriated in the Fiscal Year 2013-14 Community Services operating expenditure budget. The in-kind rental of the Conference Center in the amount of $1,200 can be absorbed in our Fiscal Year 2013-14 Community Services operating revenue budget. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AND COMMUNITY SUPPORT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND SAFE ALTERNATIVES FOR EVERYONE, INC. THIS AGREEMENT is made and effective as of this 28th day of January, 2014, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Safe Alternatives for Everyone, Inc. (S.A.F.E.), a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate and provide social services from a city -owned facility located at 28910 Pujol Street, Temecula, California. b. S.A.F.E. is to provide family case management, referral and resources support, public education workshops, family assessment and teen violence prevention. c. The funds are to be used to offer needed services for the citizens of the Temecula Valley dealing with violence, abuse, and the threat of violence and abuse inflicting great harm on children and the community as listed in Exhibit A. d. S.A.F.E. shall work as a partner with the Mission of Hope, to be located adjacent to their facility and assist in coordinating services, benefits and resources as needed. 2. TERM This Agreement shall commence on January 28, 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed up to 4 meetings at the Conference Center or Community Recreation Center (CRC) and in-kind facility use at an amount not to exceed $1,200 as listed in Exhibit B. b. The City of Temecula shall also provide Community Support Funding in the amount of ten thousand dollars ($10,000) cash which will be allocated to fund the services provided to our community members in need. c. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 5. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by February 1, 2014 its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Safe Alternatives for Everyone, Inc. (S.A.F.E.) Attention Melissa Donaldson, Executive Director 28910 Pujol Street Temecula, CA 92590 (951) 587-3900 10. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 11. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 12. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES SAFE ALTERNATIVES FOR EVERYONE, INC. DISTRICT By: By: Jeff Comerchero, TCSD President Melissa Donaldson, Executive Director ATTEST: By: By: Gwyn R. Flores, CMC, Acting City Rhonda Reinke, President Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Safe Alternatives for Everyone, Inc. Ms. Melissa Donaldson, Executive Director 28910 Pujol Street Temecula, CA 92590 (951) 587-3900 www.safefamiliesca.or PM Initials: D � Date: EXHIBIT "A" SERVICES PROVIDED BY S.A.F.E. WHICH BENEFIT THE TEMECULA VALLEY COMMUNITY In exchange for the City's Community Support Funding in the amount of $10,000 in cash and $1,200 for in-kind city facility use, S.A.F.E. shall provide the following benefits and services for the citizens of the City of Temecula. • Case Management — This service is provided to every family that comes to S.A.F.E. for assistance. Each family receives an assessment to determine the issues and needs of the family as well as on-going sessions with the Family Care Coordinator. The service coordination provided to be invaluable to the families who were struggling with multiple issues and unable to identify services they needed to alleviate the abuse and violence affecting their family. • Temecula Police Activities League ("PAL") — This program serves over 100 youth with recreational and educational programs. A new program PAL started was the "Making Choices" component. This program provides three months of instruction helping middle school youth learn to make healthy choices in their school and home lives. PAL also started a Youth Leadership component for young people who may not habe ever had the opportunity to learn and participate in a leadership role. Other activities were deep sea fishing, art camp, beach camping, mountain camping, walk -run club, etc.. • Basic Needs Assistance — SAFE budgets over $10,000 to provide direct financial assistance to families who are struggling to make ends meet. Financial assistance is provided to clients who are committed to working with SAFE to improve their families and eliminate abuse and violence. Emergency child care funding is available to women who need to re-enter the work force after leaving a domestic violence relationship, utility assistance, emergency shelter, college entrance fees, gift cards for diapers and formula, and the list goes on. • Anger Management — This 12 -week curriculum is for young people who have been identified by the courts, schools, and their families as having made poor choices due to their inability to control their feelings. • Youth Violence Prevention Services — The services provided for helping these youth include one-on-one sessions with our Youth Services Specialist, anger management, supervised community service opportunities to teach youth to give back, restitution sessions for those who have committed a low-level crime, to teach them the repercussions of their actions on the victims, among other services. • Resource and Referral — SAFE provides many families resources throughout the county. No matter what the need, SAFE will research the available resources to help that family find what will help them, whether it is a service SAFE provides or not. We will not be just one number families have to call in their search. SAFE wants the phone call to them to either be the last or be the oine that helps. EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Safe Alternatives for Everyone, Inc. services is as follows: Item Value Four 5 -hour rentals at the Community Recreation Center or Conference Center at no charge. $1,200 The Community Support Funding of ten thousand dollars ($10,000) cash will help fund the services provided by S.A.F.E. as listed in Exhibit A. Temecula City Council Meeting Temecula Community Services District January 28, 2014 — 7:OOPM Addendum to Item No. 12 Sponsorship Agreement with Safe Alternatives for Everyone, Inc. (S.A.F.E.) CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ADDENDUM TO ITEM NO. 12 TO: General Manager/Board of Directors FROM: Kevin L. Hawkins, Director of Community Services DATE: January 28, 2014 SUBJECT: Addendum to Item No. 12 — Sponsorship Agreement with Safe Alternatives for Everyone, Inc. (S.A.F.E.) Section 1.d. of the Agreement with Safe Alternatives for Everyone, Inc. (S.A.F.E) will be removed. 1/24/14 Item No. 13 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Jennifer Hennessy, Finance Director DATE: January 28, 2014 SUBJECT: Special Tax Consulting Services PREPARED BY: David Bilby, Sr. Debt Analyst RECOMMENDATION: That the Board of Directors approve an Agreement with Albert A. Webb Associates, in the amount of $81,400, for Special Tax Consulting Services. This agreement provides services to both the City of Temecula and the Temecula Community Services District (TCSD). The City's portion of the Agreement is $39,930 and TCSD's portion is $41,470, in accordance with Exhibit B plus a 10% contingency. BACKGROUND: Staff recently completed a Request for Proposal (RFP) for Special Tax Consulting Services to perform the ongoing administration of the Community Facilities Districts, Assessment District, TCSD service levels, and TCSD Park Special Tax. The City received proposals from four responsible bidders. Each proposal was rated by a panel of four City staff members to determine which firm best met the requirements of the City. Albert A. Webb Associates scored the highest amongst the four proposals submitted, therefore, staff is recommending the approval of the attached agreement. The City of Temecula and the Temecula Public Financing Authority formed five Community Facilities Districts and one Assessment District from 2001 through 2006. These districts provided bond proceeds that helped finance major infrastructure within the districts including: streets; lighting; and parks. The City is the Authority for these districts and is required to peform the tasks necessary to levy property owners in these Districts in accordance with the bond formation documents as well as providing annual reporting and disclosure to the bond holders 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 — Residential Street Lighting. 2. Service Level C — Perimeter Landscaping and Slope Maintenance. 3. Service Level D — Recycling and Refuse Collection. 4. Service Level R — Unpaved Road Maintenance. Beginning Fiscal Year 1997-1998, the Community Services, Parks and Recreation and Arterial Street Lights Rates and Charges previously levied by the Temecula Community Services District (TCSD) were replaced by the City of Temecula's Parks/Lighting Services Special Tax approved by the voters as Measure C on March 4, 1997. The purpose of the Parks/Lighting Services Special Tax is to provide for the ongoing operations, maintenance and servicing of the City's public parks, recreational facilities; recreational and human services programs; landscaped median maintenance costs; and energy costs for arterial street lighting and traffic signals. The Parks/Street Lighting Services Special Tax is levied in the same manner, at the same time as the TCSD Rates and Charges on an annual basis. FISCAL IMPACT: Sufficient funds will be budgeted in the TCSD line items for Fiscal Year 2013-14 during the mid -year budget process. ATTACHMENTS: 1. Agreement 2. Exhibit B — Pricing Form AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA, THE TEMECULA COMMUNITY SERVICES DISTRICT AND ALBERT A. WEBB ASSOCIATES SPECIAL TAX CONSULTING SERVICES THIS AGREEMENT is made and effective as of January 28, 2014, between the City of Temecula a municipal corporation, The Temecula Community Services District a community services district (hereinafter referred to as "City/TCSD"), and Albert A. Webb Associates, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on January 28, 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2015 unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4)] additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2019]. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Seventy Four Thousand Dollars ($74,000) plus 10% Contingency of Seven Thousand Four Hundred Dollars ($7,400) for a total Agreement amount of Eighty One Thousand Four Hundred Dollars and 00/100 ($81,400) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 14. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Albert A. Webb Associates Attn: Shane Spicer 3788 McCray Street Riverside, CA 92506 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Albert A. Webb Associates (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Shane Spicer, Director of Special Assessment & Tax Services ATTEST: By: Gwyn R. Flores, CMC, Acting City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Albert A. Webb Associates Attn: Shane Spicer 3788 McCray Street Riverside, CA 92506 T: 951-248-4281 Shane.spicer@webbassociates.com PM Initials: n 8 Date: v TEMECULA COMMUNITY SERVICES DISTRICT By: Jeff Comerchero, TCSD President ATTEST: By: Gwyn R. Flores, CMC, Acting City Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney PM Initials: n Q Date: �/ 1/ EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: I. SCOPE OF SERVICES The City is seeking proposals to provide consulting services for the administration of the City's Community Facilities Districts, Assessment District, and Community Services Districts to include the following: DISTRICT ADMINISTRATION: Create the tax roll application of parcels' annual special tax or special assessment in a format acceptable to the Riverside County Auditor/Controller-Recorder. Apportion the special tax or special assessment to each parcel within each particular district consistent with the method of apportionment for each district as follows: § Maintain current Assessor Parcel Maps for all special district parcels including: o Review all districts to ensure all parcels within the districts are being levied in accordance with the appropriate rate and method o Update parcels annually prior to enrollment of levy o Notify City of any assessor parcel changes within each district o Include any database development and land use information for all district parcels where this information is necessary for use in calculation of special tax or special assessment. § Coordinate with the City's Fiscal Agent (US Bank) to review debt service schedules and determine amount needed to pay debt service. § Assist City in projecting annual administrative expenses. § Identify reserve requirements and notify City if reserve needs replenishing. § Prepare all necessary documents, including an Annual Levy Report, to submit annual levy for each district to the County of Riverside allowing reasonable time for City staff to review, comment, or make changes. § Perform adjustments and corrections to rejected parcels by resubmitting levies if necessary. § Direct bill any parcels as necessary. § Facilitate the preparation of assessment apportionment applications including: o Preparation of amended assessment diagrams. o Apportioning the assessment to divided parcels. o Preparation and timely delivery of required notices. o Recordation of required notices and amended diagrams. o Preparation of required disclosure documents. § Serve as initial and primary contact for the public regarding levy inquiries. § Calculate bond payoff amount or prepayment amounts as requested by landowners and provide additional information related to payoff as required. § Prepare and record Release of Lien if prepayments are received. § Prepare bond call spreads if required due to excess proceeds or prepayments. § Coordinate with Fiscal Agent to establish new debt service requirements resulting from bond calls. § Prepare summary of information used to calculate annual levy for each parcel § Attend and present at up to three City Council/TCSD board meetings. MUNICIPAL DISCLOSURE: § Assist City in preparation of enhanced disclosure requirements required by the State of California or its agencies including reporting to the California Debt and Investment Advisory Commission (CDIAC). § Prepare annual reports to meet the requirements of continuing disclosure. § File continuing disclosure reports with the Electronic Municipal Market Access (EMMA) website. § Provide Notice of Special Assessment/Tax document to seller of taxable property. DELINQUENCY MANAGEMENT: § Advise City that any policies established related to collection of delinquent special assessments/taxes are consistent with foreclosure covenant and/or requirements of the bond issue. § Maintain databases that include regularly updated delinquency history for each parcel located in each district. § Track and report district delinquencies after each tax installment due dates, after the City's fiscal year end and prior to initiation of foreclosure proceedings. § Prepare and mail letters (registered return receipt if requested) to property owners at the request of the City. § Prepare correspondence to the County for removal of delinquent taxes/assessments from the tax rolls in the event these amounts are paid directly to the district. § Assist with foreclosure coordination o Prepare City Council documents initiating foreclosure o Provide delinquent amounts for foreclosure counsel o Act as an expert witness on behalf of the City if necessary § Coordinate direct collections of individual delinquencies and deposits with the Fiscal Agent. § Monitor payment plans established under direction of the City or foreclosure counsel. EXHIBIT B Payment Rates and Schedule Exhibit CITY OF TEMECULA RFP - SPECIAL TAX ADMINISTRATION Pricing Form Proposed Fee 01-2 Annual Admin/Levy $ 4,000.00 01-2 Disclosure $ 1,500.00 01-2 Delinquency Mgmt $ 550.00 01-2 Other $ 350.00 01-2 TOTAL $ 6,440.00 03-1 Annual Admin/Levy $ 4,000.00 03-1 Disclosure $ 1,500.00 03-1 Delinquency Mgmt $ 550.00 03-1 Other $ 350.00 03-1 TOTAL $ 6,400.00 03-2 Annual Admin/Levy $ 4,000.00 03-2 Disclosure $ 1,500.00 03-2 Delinquency Mgmt $ 550.00 03-2 Other $ 350.00 03-2 TOTAL $ 6,400.p0 03-3 Annual Admin/Levy $ 4,000.00 03-3 Disclosure $ 1,500.00 03-3 Delinquency Mgmt $ 550.00 03-3 Other $ 350.00 03-3 TOTAL $ 6,400.00 03-4 Annual Admin/Levy $ 2,000.00 03-4 Disclosure $ 1,500.00 03-4 Delinquency Mgmt $ 500.00 03-4 Other $ 300.00 03-4 Apportionments (see optional services fee schedule) Reimbursed 03-4 TOTAL $ 4,300.00 03-6 Annual Admin/Levy $ 4,000.00 03-6 Disclosure $ 1,500.00 03-6 Delinquency Mgmt $ 550.00 03-6 Other $ 350.00 03-6 TOTAL $ 6,400.00 Total CFD/AD Administration $ 36,300.00 Service Level B Levy Administration $ 10,000.00 Service Level C Levy Administration $ 8,000.00 Service Level D Levy Administration $ 9,000.00 Service Level R Levy Administration $ 200.00 City "Park & Lighting" Special Tax Administration $ 10,500.00 Total TCSD Levy Administration Total Special Tax Administration 1 $ 37,700.00 $ 74,000.00 1 Proposed Fee escalate at 2% for each Fiscal Year after FY 2013-14. PUBLIC HEARING Item No. 14 Approvals City Attorney Finance Director City Manager ...4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: January 28, 2014 SUBJECT: Long Range Planning Project No. LR12-0012, a statutory update of the City of Temecula General Plan Housing Element PREPARED BY: Dana Weaver, Associate Planner RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2014-2021 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR12-0012) AND APPROVAL OF A NEGATIVE DECLARATION UNDER CEQA FOR THE HOUSING ELEMENT BACKGROUND: The original City of Temecula General Plan Housing Element was approved in 1993 and updated in 2002, and again in 2010, pursuant to the amendment cycle for local agencies under the jurisdiction of the Southern California Association of Governments (SCAG). Recent changes to State Housing Element Law require all cities and counties to update their Housing Elements at least every eight years to reflect the community's changing needs. This update covers the 2014-2021 planning period, pursuant to the fifth update cycle for jurisdictions within the Southern California Association of Governments (SCAG) region. The draft Housing Element Update provides updated facts and figures regarding demographics, housing constraints, detailed information on vacant and underutilized parcels, and several statutory changes required to be in compliance with State Housing Element Law. The Regional Housing Needs Assessment (RHNA) is a minimum projection of additional housing units needed to accommodate projected household growth of all income levels by the end of the Housing Element's statutory planning period. The RHNA is developed by SCAG and allocated to cities and counties in the region. In October 2012, SCAG completed and distributed the fifth cycle RHNA for all local agencies under its jurisdiction. RHNA includes targets for Very Low, Low, Moderate, and Above Moderate Income categories. According to the RHNA, the City of Temecula needed to plan for 1,493 new housing units within our community in the next eight years. Temecula's 2014-2021 allocation is distributed among the five standard income categories shown in the following table. RHNA as Prepared by SCAG According to the RHNA, the City must provide for the opportunity for 2,007 units (1,381 fourth cycle unaccommodated plus 626 for the fifth cycle planning period). The City must account for the unaccommodated need from the fourth cycle because an Urban Density Overlay proposed to accommodate this need was never adopted. Additionally, fifty percent of the remaining need (1,003 units) must be accommodated on sites allowing exclusively residential uses where no commercial or mixed-use development is allowed. Pursuant to Government Code Section 65583.2(i), the City must provide enough suitable sites with appropriate zoning and density to accommodate the affordable housing needs for lower- income households. Specifically, the Element must include a program to provide sites with zoning that allows owner -occupied and rental multi -family uses by -right, sufficient to accommodate the remaining need for lower-income households. By -right means local government review must not require a Conditional Use Permit (CUP) or other discretionary review or approval. To accommodate Temecula's regional housing need, the City will need to establish an Affordable Housing Overlay (AHO) on the sites identified in Appendix B of the Housing Element. After establishment of the AHO, sites identified in Appendix B will require a maximum of thirty dwelling units per acre. It will also include minimum densities of 20 dwelling units per acre and development incentives beyond what is permitted under density bonus law. These incentives include fast tracking of affordable housing project applications and greater development standard flexibility. An inventory of vacant parcels specifically located within the proposed Affordable Housing Overlay zone shows that there are 52 parcels having a combined total of 196.47 acres and a potential capacity of 2,160 dwelling units. As noted above, the City's remaining obligation for affordable housing is 2,007 units. Therefore, this obligation can be met by suitable vacant sites located within the proposed Affordable Housing Overlay zone. Additionally, the Citywide Vacant Land Inventory and Residential Capacity Analysis, Appendix B of the Housing Element, shows that there is capacity for 4,385 units within zones that permit High Density Residential projects by -rig ht. Upon certification of the Housing Element Update by the State Housing and Community Development (HCD) Department, five Zoning Code Amendments will be required by State Housing Law. First, the City will formalize the existing Zoning Code provisions regarding density incentives in the High Density Residential and Professional Office zones by creating an Affordable Housing Overlay (AHO) zone. Although Municipal Code Section 17.10.020(M)(3) already includes this type of density incentive for affordable housing, the new AHO zone will clearly establish when the maximum thirty units per acre will apply to High Density Residential and Professional Office zones. Establishing an AHO does not intensify the land use; however, adopting an AHO will make the General Plan internally inconsistent and make the Zoning Code inconsistent with the Land Use Element. Therefore, when the City adopts the Zoning Code implementing the AHO, it must also amend the Land Use Element and the appropriate Land Use Map. Extremely Low Income Very Low Income Low Income Moderate Income Above Moderate Income Total Units Required Units 187 188 251 271 596 1,493 According to the RHNA, the City must provide for the opportunity for 2,007 units (1,381 fourth cycle unaccommodated plus 626 for the fifth cycle planning period). The City must account for the unaccommodated need from the fourth cycle because an Urban Density Overlay proposed to accommodate this need was never adopted. Additionally, fifty percent of the remaining need (1,003 units) must be accommodated on sites allowing exclusively residential uses where no commercial or mixed-use development is allowed. Pursuant to Government Code Section 65583.2(i), the City must provide enough suitable sites with appropriate zoning and density to accommodate the affordable housing needs for lower- income households. Specifically, the Element must include a program to provide sites with zoning that allows owner -occupied and rental multi -family uses by -right, sufficient to accommodate the remaining need for lower-income households. By -right means local government review must not require a Conditional Use Permit (CUP) or other discretionary review or approval. To accommodate Temecula's regional housing need, the City will need to establish an Affordable Housing Overlay (AHO) on the sites identified in Appendix B of the Housing Element. After establishment of the AHO, sites identified in Appendix B will require a maximum of thirty dwelling units per acre. It will also include minimum densities of 20 dwelling units per acre and development incentives beyond what is permitted under density bonus law. These incentives include fast tracking of affordable housing project applications and greater development standard flexibility. An inventory of vacant parcels specifically located within the proposed Affordable Housing Overlay zone shows that there are 52 parcels having a combined total of 196.47 acres and a potential capacity of 2,160 dwelling units. As noted above, the City's remaining obligation for affordable housing is 2,007 units. Therefore, this obligation can be met by suitable vacant sites located within the proposed Affordable Housing Overlay zone. Additionally, the Citywide Vacant Land Inventory and Residential Capacity Analysis, Appendix B of the Housing Element, shows that there is capacity for 4,385 units within zones that permit High Density Residential projects by -rig ht. Upon certification of the Housing Element Update by the State Housing and Community Development (HCD) Department, five Zoning Code Amendments will be required by State Housing Law. First, the City will formalize the existing Zoning Code provisions regarding density incentives in the High Density Residential and Professional Office zones by creating an Affordable Housing Overlay (AHO) zone. Although Municipal Code Section 17.10.020(M)(3) already includes this type of density incentive for affordable housing, the new AHO zone will clearly establish when the maximum thirty units per acre will apply to High Density Residential and Professional Office zones. Establishing an AHO does not intensify the land use; however, adopting an AHO will make the General Plan internally inconsistent and make the Zoning Code inconsistent with the Land Use Element. Therefore, when the City adopts the Zoning Code implementing the AHO, it must also amend the Land Use Element and the appropriate Land Use Map. Second, the City will need to develop standards for emergency shelters consistent with Government Code Section 65583. Currently, the City's Zoning Code does not contain emergency shelter development standards. Third, the City will clarify that transitional and supportive housing must be treated as residential uses, subject only to the same restrictions applicable to other residential dwellings of the same type in the same zone. Currently, the City facilitates the development of transitional and supportive housing by permitting such facilities in the Medium (M) and High (H) density residential districts by right without a CUP or other discretionary action. This housing type is also permitted in all other residential districts with a Conditional Use Permit. The Code will need to be amended to allow for the development of transitional and supportive housing by -right without a CUP or other discretionary action in all residential zones. Fourth, the City will amend the Zoning Code to incorporate the already -applicable, state - mandated density bonus provisions set forth in Government Code Section 65915. The state density bonus statutes require the City to grant a density bonus and incentives or concessions to a developer who agrees to construct or donate land for affordable housing. Once a project has been deemed a partly or fully complete affordable housing project, the applicant may be allowed to develop additional density. The City must calculate the extra density to which an applicant is entitled. The density bonus law not only uses a base percentage of the project, but a sliding scale allows for greater density bonuses when an applicant includes more than the minimum qualifying percentage of affordable units. In addition, the applicant may request specific incentives or concessions. Finally, the City will need to define and permit employee housing providing accommodations for six or fewer employees. Employee housing is essentially for any portion of any housing accommodation or property containing living quarters, etc. that are maintained in connection with any work or place where work is being performed, whether or not rent is involved. Employee housing may not be considered a boarding house and no CUP or variance may be required when employee housing serves six or fewer persons. On January 14, 2014, the Planning Commission conducted a public hearing on the draft Housing Element Update and recommended City Council approval by a vote of 5-0. Upon adoption of the proposed 2014-2021 Housing Element, the Housing Element will be sent to HCD for certification. Staff has worked closely with HCD to ensure the document meets all state -mandated requirements for final certification. ENVIRONMENTAL: Staff reviewed the project in accordance with the California Environmental Quality Act (CEQA), and based on an Initial Study determined the project will not have a significant impact on the environment because this is a policy document that describes how the City will meet the requirements of State law to provide adequate housing opportunities, and does not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. A Negative Declaration was prepared for the project. The public review and comment period for the Negative Declaration was from December 16, 2013, through January 14, 2014. Two comment letters were received. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. Draft 2014-2021 Housing Element 3. Negative Declaration and Initial Study 4. Planning Commission January 15, 2014 Staff Report 5. Planning Commission January 15, 2014 Resolution No. 14-03 6. HCD Comment Letter 7. Public Correspondence RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2014-2021 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR12-0012) AND APPROVAL OF A NEGATIVE DECLARATION UNDER CEQA FOR THE HOUSING ELEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. State Housing Law requires that local jurisdictions periodically update their Housing Element pursuant to the update cycle of its Council of Governments. B. The City of Temecula adopted its first Housing Element on November 9, C. The City of Temecula first amended its Housing Element on October 8, 2002. D. The City of Temecula adopted a Comprehensive Update of its General Plan on April 12, 2005. 1993. E. The Southern California Association of Governments completed the Regional Housing Needs Assessment (RHNA) for this Housing Element cycle on July 12, 2007. F. The City of Temecula adopted the 2008-2014 Housing Element Update for the fourth cycle Regional Housing Needs Assessment (RHNA) on July 27, 2010. G. The Southern California Association of Governments (SCAG) completed the fifth cycle RHNA on October 4, 2012. H. This Housing Element Update was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the 2014-2021 Housing Element Update, General Plan Amendment, Long Range Planning Project No. LR12-0012, on January 15, 2014. J. The City Council, at a regular meeting, considered the 2014-2021 Housing Element Update and environmental review on January 28, 2014, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. K. At the conclusion of the City Council hearing and after due consideration of the testimony, the City Council adopted the 2014-2021 Housing Element Update, General Plan Amendment, Long Range Planning Project No. LR12-0012 subject to and based upon the findings set forth hereunder. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The City Council, in approving the Application hereby finds, determines and declares that: General Plan Amendment A. The proposed 2014-2021 Housing Element Update is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed 2014-2021 Housing Element Update has been designed to be consistent with State Housing Law, the Regional Housing Needs Assessment (RHNA) for local agencies under jurisdiction of the Southern California Association of Governments (SCAG), and to be internally consistent with the other elements of the Temecula General Plan with implementation of the identified programs. B. The proposed 2014-2021 Housing Element Update will not have a significant impact on the character of the built environment; The proposed 2014-2021 Housing Element Update is compatible with the nature, condition and development of existing uses, buildings and structures and will not adversely affect the existing or planned uses, buildings, or structures. The Housing Element Update contains the goals, policies, and programs that will help guide the production of future housing within the City, in concert with other elements of the General Plan. The Housing Element Update will provide flexibility and opportunity in the development of residential uses to meet the needs of all economic segments of the community within the City. The specific programs of the Housing Element Update will provide opportunity for affordable housing through the identification of appropriate sites and density, provisions for density bonus law, provisions for transitional, supportive, and employee housing, as well as establishment of development standards for emergency shelters. In addition, the City circulated a Notice of Proposed Negative Declaration indicating that impacts related to the built environment will be less than significant as result of this project. C. The nature of the proposed 2014-2021 Housing Element Update is not detrimental to the health, safety and general welfare of the community; The proposed 2014-2021 Housing Element Update will promote the health, safety, comfort and general welfare of the City and its residents through the goals, policies, and implementation programs geared towards ensuring adequate housing for all income levels in the community. The proposed Housing Element Update complies with all statutory requirements and is internally consistent with the other elements of the General Plan with implementation of the identified programs. The proposed Housing Element will not expose people to an increased risk of negative health or public safety impacts and potential impacts related to the health, safety and general welfare of the community were analyzed in the environmental review and determined to be less than significant as a result of this project. Section 3. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with approval of the 2014-2021 Housing Element Update, General Plan Amendment, Long Range Planning Project No. LR12-0012: A. Pursuant to California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the 2014-2021 Housing Element Update, General Plan Amendment, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on December 16, 2013, and expired on January 14, 2014. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590. C. Two written comment letters were received prior to the public hearing, submitted to the City Council and incorporated into the administrative record of the proceedings. D. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the January 28, 2014, 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) Negative Declaration reflects the independent judgment and analysis of the City Council. E. Based on the findings set forth in the Resolution, the City Council hereby adopts the Negative Declaration prepared for this project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of January, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwen R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of January, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk CITY OF TEMECULA GENERAL PLAN HOUSING ELEMENT DECEMBER 2013 TABLE OF CONTENTS I. Introduction 1 A. Community Context 1 B. State Policy and Authorization 3 C. Organization of the Housing Element 3 D. Relationship to Other General Plan Elements 4 E. Data Sources and Glossary 5 F. Public Participation 5 II. Housing Needs Assessment 9 A. Population Characteristics 9 B. Employment Characteristics 11 C. Household Characteristics 13 D. Special Needs Populations 17 E. Housing Stock Characteristics 23 III. Constraints on Housing Production 34 A. Market Constraints 34 B. Governmental Constraints 36 C. State Tax Policies and Regulations 69 D. Infrastructure Constraints 69 E. Environmental Constraints 70 IV. Housing Resources 75 A. Regional Housing Need 75 B. Sites for Housing Development 76 C. Financial Resources 88 D. Housing Developers.... 89 E. Infrastructure and Facilities 90 F. Energy Conservation and Climate Change 90 V. Accomplishments Under Adopted Housing Element 93 VI. Housing Plan 103 A. Goals and Policies 103 B. Housing Programs 107 C. Summary of Quantified Objectives 123 APPENDICES Appendix A — Housing Element Glossary Appendix B — Vacant Land Inventory Appendix C — Underutilized Residential Parcels L I T l O F F F L C U L V G E. N L K I I -I LIST OF TABLES Table H-1 Population Growth Trends 9 Table H-2 Age Distribution, 2010 10 Table H-3 Race and Ethnicity, 2010 11 Table H-4 Categories of Jobs in Temecula, 2010 12 Table H-5 Employment by Industry, 2010 12 Table H-6 Household Growth Trends 13 Table H-7 Average Number of Persons per Household, 2000 & 2010 14 Table H-8 Household Income 15 Table H-9 Vacancy Rates by Tenure, 2010 16 Table H-10 Female -Headed Households 18 Table H-11 Senior Households by Age and Tenure, 2010 19 Table H-12 Developmentally Disabled Persons by Age 21 Table H-13 Household Size by Tenure.. ........» 21 Table H-14 Number of Bedrooms by Tenure 22 Table H-15 Total Housing Units 24 Table H-16 Estimated Housing Tenure, 2010,...».,.., 25 Table H-17 Age of Housing Stock 25 Table H-18 Median Home Prices 27 Table H-19 Median Price of Housing Sales, 2012 27 Table H-20 Affordable Housing Costs by Income Category, Riverside County 28 Table H-21 Residential Rental Prices, 2011 29 Table H-22 Assisted Housing Inventory and At -Risk Status 30 Table H-23 Rent Subsidies Required 32 Table H-24 Disposition of Conventional Loan Applications: 2011 Riverside -San Bernardino - Ontario Metropolitan Statistical Area 35 Table H-25 Disposition of Government -Backed Loan Applications: 2011 Riverside -San Bernardino -Ontario Metropolitan Statistical Area 36 Table H-26 Residential Development Standards 39 Table H -26a Residential Development Standards — Old Town Specific Plan 41 Table H -26b Residential Development Standards — Planning Development Overlays 42 Table H-27 Parking Space Requirements 43 Table H-28 Permitted Housing By Zoning District 46 Table H -28a Permitted Housing By Zoning District — Old Town Specific Plan 48 Table H -28b Permitted Housing By Zoning District 49 Table H-29 Housing Qualifying for Density Bonus 52 Table H-30 Density Bonuses Allowed 53 Table H-31 Planning Fee Schedule 59 Table H-32 Development Impact Fees For The City of Temecula 61 Table H-33 Total Processing and Impact Fees for Typical Single- and Multi -Family Units 62 Table H-34 Typical Processing Times for Single- and Multi -Family Units 66 Table H-35 Regional Housing Need Allocation, 2014-2021 75 Table H-36 Vacant Residential Land Outside Specific Plan Areas 77 Table H-37 Potential Residential Development on Vacant Commercial and Planned Development Land 78 Table H-38 Remaining Approved Residential Development for Existing Specific Plans 79 [ Y C) F F F \I F C U 1. A G E\ f R ,A L P L ,A \ H-li Table H-39 Summary of Vacant Residential Development Potential 85 Table H-40 Summary of Quantified Objectives 123 Table H-41 Housing Program Summary 123 LIST OF FIGURES Figure H-1 City of Temecula's Multi -Family Development 2 Figure H-2 Temecula Housing Stock Composition 24 Figure H-3 Vacant Developable Parcels in the City of Temecula 81 Figure H-4 Underutilized Residential Properties and Potential Second Unit Sites 88 CITY OF TEMECULA GENERAL PLAN H -IH I. INTRODUCTION HOUSING ELEMENT A. Community Context The City of Temecula is a growing community located along Interstate 15 (1-15) in southwestern Riverside County, just north of the San Diego County line. Located in Temecula Valley, the City is surrounded by gentle rolling hills. Surrounded by this attractive natural setting and located with access to both Orange and Los Angeles Counties to the north and San Diego County to the south, the City population has nearly quadrupled since its incorporation in 1989. Since that time, the population has increased from 27,099 to an estimated 103,092 as of January 1, 2012. With its European history beginning in the 1800s, Temecula has played an important role locally for over a century. Old Town Temecula is the historic core of the City and is located in its western portion. Change from a small agricultural community to an urbanized City began in 1964 when Kaiser Aluminum and Chemical purchased the 87,500 -acre Vail Ranch. Development of the ranch occurred under the design of a master plan that continues to influence the land use pattern and circulation system of Temecula today. Much of the remaining vacant land within the City will be developed under the control of approved specific plans. The majority (83%) of the existing housing in Temecula consists of single-family houses, with the remainder consisting of multi -family units. A map that identifies the location of the city's multi -family housing complexes is included as Figure H-1. The high number of single-family homes is reflective of the City's young family-oriented population and desire to maintain its rural traditions. In comparison to the surrounding communities, the average purchase price for a new home in Temecula was $275,000 as of June 2010. In the neighboring communities of Hemet, Lake Elsinore, Murrieta, and Perris, the June 2010 median home prices ranged from $160,000 to $254,000, while the median home price in Riverside County was $210,000. C. I 1 1 F C L 1 1 \ G L-. v E K v L_ 1' L v v II -1 Multi -Family Development March 2013 14 •0 kr* wawa. a _ ImtaItya 1••••-41-4/a 14_Awkil n *we* VS il—raktiaiii — 1 : 111._ _ TI I ,Tt P-11ExtemPl__ _ all : = : • • irl--"ta•• E : .11_..ifimnot_ AL_ IITArOf ei, al aaillala la . Ir- —1211Vinfoema— t NI I a. I P at .......1.0.1. il Atalea /It " I fl 1.1411.Foniy Units City of Tommie Weals Figure H-1 City of Temecula's Multi -Family Development LIF 1' OF IE\1[CULA GENLR AL PLAN F1-2 I 1 l In recent years, the housing market in Temecula has very much been influenced by growth pressure in San Diego County. As housing prices in San Diego County approach prices in south Orange County, many people who work in San Diego have chosen to live in Temecula, placing significant pressure on the Temecula housing market. B. State Policy and Authorization The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State's major housing goal. Recognizing the important role of local planning programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a housing element as part of their comprehensive General Plans. Recent changes to state housing element law require all cities and counties to update their Housing Elements at least every eight years to reflect the community's changing needs. Temecula's last Housing Element was prepared in 2008 and was recently updated to cover the current period of January 1, 2014, through October 1, 2021. C. Organization of the Housing Element The City faces important housing issues such as preserving the historic traditions of the community, ensuring that new development is compatible with the existing character, providing a range of housing that meets the needs of all residents, ensuring that affordable housing is available to all segments of the community, and balancing employment with housing opportunities. This Housing Element evaluates housing needs in Temecula based on its demographic and housing characteristics. The Housing Element also compiles an inventory of resources available to address identified housing needs, assesses the effectiveness and appropriateness of existing housing programs being implemented by the City, and crafts a housing strategy that would effectively address the housing issues relating to availability, adequacy, and affordability within the limitations of the City. This Housing Element represents a policy statement indicating that Temecula will continue to strive toward maintaining and enhancing its housing quality and its desirability as a place to work and live. The Temecula Housing Element comprises the following major components: \I L- C U L \ G 1. \ E' R 11-3 • An analysis of the City's population, household, and employment base, and the characteristics of the city's housing stock (Section II); • Review of potential constraints to meeting Temecula's identified housing needs (Section III); • An evaluation of opportunities and resources that will further the development of new housing (Section IV); • An evaluation of accomplishments under the adopted Housing Element (Section V); and • A statement of the Housing Plan to address the City's identified housing needs, including housing goals, policies, and programs (Section VI). D. Relationship to Other General Plan Elements The Temecula General Plan comprises the following 10 elements: (1) Land Use; (2) Circulation; (3) Housing; (4) Open Space/ Conservation; (5) Growth Management/Public Facilities; (6) Public Safety; (7) Noise; (8) Air Quality; (9) Community Design; and (10) Economic Development. Background information and policy direction presented in one element is also reflected in other General Plan elements. For example, residential development capacities established in the Land Use Element are incorporated within the Housing Element. The General Plan goals and policies were reviewed for consistency with proposals recommended in this Housing Element update. This Housing Element builds upon other General Plan elements and is consistent with the goals and policies set forth by the General Plan. City staff maintains a conscious effort to ensure that revisions to any element of the General Plan achieve internal consistency among all General Plan elements. In addition, per Assembly Bill (AB) 162 (Government Code Section 65302), the City will evaluate and amend as appropriate the Public Safety and Open Space/Conservation elements of the General Plan to include analysis and policies regarding flood hazard and management information. F L \I F C LJ l .v G E y L R L H-4 E. Data Sources and Glossary The data used for the completion of this Housing Element comes from a variety of sources, including the 2010 Census, the American Community Survey, Comprehensive Housing Affordability Strategy (CHAS) data, various studies produced by the City of Temecula, the Southern California Association of Governments (SCAG) approved data set, the California Department of Finance, the California Department of Employment Development, local newspapers, and local real estate agents. These data sources represent the best data available at the time this Housing Element was prepared. This Housing Element, along with the state -mandated requirements, includes a glossary of terms used in the element. This glossary has been included to allow readers to better understand the terminology used in the Housing Element discussion; it can be found in Appendix A of this element. F. Public Participation State law requires that "the local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element . . ." (Government Code Section 65583). Residents of Temecula have had, and will continue to have, several opportunities to provide input during the development of the Housing Element. On December 3, 2012, the City conducted a publicly noticed workshop to discuss housing needs in the City and to provide policy directions for the drafting of the Housing Element. The notice for the public workshop was publicized on the City's website, Facebook page, published in the local newspaper for a 15 - day period, posted at the Temecula Public Library and Civic Center. In an effort to reach all segments of the community the City mailed meeting notification letters to numerous stakeholders and interested parties, including: • Riverside Area Rape Crisis Center • Assistance League of Temecula Valley • Boys and Girls Clubs of Southwest County • Casa Court Appointed Special Advocates for Riverside County, Inc • Safe Alternatives for Everyone, Inc. • Senior Citizen Service Center L l' O F Z L V'I F C L l L A G E\ E R \ L I' L_ -\\ H-5 • Vineyard of the New Wine • Temecula Murrieta Rescue Mission • Temecula Valley Unified School District. • Temecula Valley Chamber of Commerce • Economic Development Corporation of Southwest California • Temecula Murrieta Pantry • Fair Housing Council of Riverside County • Single Mothers United in Rewarding Fellowship (SMURF) • Grid Alternatives • MVM Network Inc. Collaborative Community Education The purpose of the public workshop was to educate the public that the City is required by law to provide housing opportunities to all socioeconomic groups. Workshops are designed to engage the public about their opinions and determine the preferred method(s) of achieving the requirements for providing housing opportunities to families and individuals from all income segments of the population. There was very little feedback and concerns received from the public at the workshop. In addition to the City's public outreach efforts specifically for the Housing Element, the City also conducted outreach for Temecula's year two annual Action Plan for the Community Development Block Grant (CDBG) program. The goals of the CDBG program are very closely tied to those of the Housing Element. The goals of the CDBG program are to 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, and provide for the economic development needs of low and moderate income persons and neighborhood target areas. 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. 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. Notices for the community workshop meetings 1 L \ 1. P L. H-6 1 E 1' 01' 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. The community workshop efforts resulted in participation by 11 stakeholders in the development of the 2013-2014 One -Year Action Plan. Stakeholders represented a broad spectrum of interests. The industries and professions represented included: • Affordable housing provision; • Child protective services; • Fair housing; • Foreclosure/loss mitigation prevention; • Higher education; • Homeless services; • Landlord/tenant services; • Rental property owners and managers; • Senior services; • Services for low income residents; • Services for single mothers; • Social services; and • Youth development. 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 for the community. On February 26, 2013, the City of Temecula Finance Committee met to consider the One-year Action Plan and 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 for community development. Notices for this meeting were publicized on the City's website, published in the local newspaper for a 15 -day period, and posted at the Temecula Public Library and Civic Center. 1 E v E C U I. A GENERAL P L \ 1-1-7 Public Review Draft Housing Element Prior to adoption of the Housing Element the City will notice the draft with a proposed Negative Declaration for a 30 -day public review and comment period pursuant to the noticing requirements of the California Environmental Quality Act. Final Housing Element Also prior to adoption the Draft Housing Element a Notice of Public Hearing will be published in the local newspaper and a direct mailing sent to organizations representing the interests of low and moderate income households and persons with special needs Comments Received The City has not yet received any public comments. I I 1' L .A G L N L R A L f L ,1 F1-8 II. HOUSING NEEDS ASSESSMENT This section of the Housing Element describes the supply and demand for housing in Temecula and is broken into five subsections addressing the characteristics of population, employment, households, special needs populations, and housing stock. This analysis provides the basis for developing a successful housing program that meets the needs of the community. A. Population Characteristics 1. Population Growth Trends Temecula is the fifth largest city among the 28 cities in Riverside County. According to the California Department of Finance, Temecula had a population of 103,092 as of January 1, 2012. During the period from 2007 to 2012, the California Department of Finance estimates that the City population grew by nearly 11%. As depicted in Table H-1, Temecula experienced its largest growth periods during the last decade, at almost seven times the percentage growth experienced in the county as a whole. According to the 2010 US Census, Temecula is ranked 66th out of 482 California cities when ranked by population. TABLE H-1 POPULATION GROWTH TRENDS Projected Projected Jurisdiction 2000 2010 2020 2021 Change 2010-2021 Temecula 53,791 100,097 112,242 113,303 13.20% Hemet 62,751 78,657 103,084 106,929 35.90% Lake Elsinore 30,370 51,821 71,755 74,472 43.70% Murrieta 43,989 103,466 109,343 110,710 7.00% Perris 32,369 68,386 82,029 85,765 25.40% Riverside 1,522,855 1,733,694 2.003,412 2,058,01 18.70% SOURCES: US Census Bureau, 2010 Census; California Department of Finance, 2010 The Southern California Association of Governments (SCAG) estimates that Temecula will continue to experience growth during the next nine years. The level of growth, however, is anticipated to be less than that experienced during the last 12 years, with a projected growth of 13.2% to about 113,303 persons by 2021. For Riverside County, an overall 18.7% growth in population is expected for the next nine years. The neighboring cities of Lake Elsinore, Hemet, and Perris are expected to experience greater growth in comparison to Temecula in the coming years. Temecula's share of the total population in Riverside County is projected to remain at slightly above 5% in 2021. F F. C U I. A C� F 1-9 2. Age Characteristics The age structure of a population is an important factor in evaluating housing needs and projecting the distribution of future housing development. Traditionally, both the young adult population (20-34) and the elderly population (65+) tend to prefer low- to moderate - cost, smaller units. Persons between 35 and 54 years old usually reside in higher -cost, larger units because they typically have higher incomes and a larger household size. As shown in Table H-2, Temecula had a younger population in 2010 than the county as a whole. The median age of Temecula residents was 33.4, while the county median age was 33.7. While the City population has grown significantly since the 2000s, the City has remained a family-oriented community. This age structure indicates that Temecula may require larger single-family homes to meet the needs of families with their school-age children, as well as smaller, moderately priced houses and multi -family units for those younger individuals who do not have children or are just beginning their families. TABLE H-2 AGE DISTRIBUTION, 2010 Years of Age Number Percentage 0-9 15,379 10-19 18,317 20-29 12,268 30-39 13,570 40-49 16,847 50-59 12,233 60-69 6,247 70-79 3,436 80 and over 1,800 Median Age 33.4 15.3% 18.3% 12.3% 13.5% 16.8% 12.2% 6.3% 3.4% 1.8% SOURCE: US Census Bureau, 2010 Census. F [ E\ l E C U I. N E h 1 HO 3. Race/Ethnicity Characteristics The racial and ethnic composition of a population affects housing needs because of the unique household characteristics of different racial/ethnic groups. These characteristics tend to correlate with other factors such as family size, housing location choices, and mobility. As shown in Table H-3, the majority (70.8%) of the 2010 population in Temecula was White, with Hispanics making up the next largest group (24.7%). In comparison, Riverside County contains a slightly more diverse population. Only 61.0% of the County's 2010 population was White. The next largest group was the Hispanic population at 45.5%. TABLE H-3 RACE AND ETHNICITY, 2010 Race/ Ethnicity Number of % of Number of % of Riverside Temecula Temecula's Riverside County County's Residents Population Residents Population White 70,880 70.8% 1,335,147 61.0% African American 4,132 4.1% 140,543 6.4% American Indian/ 1,079 1.1% 23,710 1.1% Alaska Native Asian 9,765 9.8% 130,468 6.0% Hawaiian/Pacific 368 0.4% 6,874 0.3% Islander Some Other 7,928 7.9% 448,235 20.5% Race Hispanic 24,727 24.7% 995,257 45.5% SOURCE: US Census Bureau, 2010 Census. B. Employment Characteristics 1. Employment Growth According to the 2010 Census, 50,544 Temecula residents were in the labor force, representing a labor participation rate of 70.3%. (The labor force includes employed and unemployed persons aged 16 years and above.) In 2010, the unemployment rate was 10.8%, much lower than the countywide rate of 13.6%. The 2010 US Census Bureau survey of employment opportunities indicated that there were 44,125 jobs in Temecula in 2010. As shown in Table H-4, most of the jobs in Temecula fell within two categories: managerial, professional, and technology specialty (36.7%) and sales, technical, and administrative support (27.1%). Employment by industry is tabulated in Table H-5. As shown, the education, I I 1 Li) I i F \I E C U L V C. E\ E R NI 1-11 1' L A \ health care and social work, and hotel and amusement industries were the primary industries in Temecula. TABLE H-4 CATEGORIES OF JOBS IN TEMECULA, 2010 Occupation Number of Jobs % of Total Managerial/Professional/Technology 16,184 36.7% Sales/Technical/Administrative (Support) 11,942 27.1% Service Occupation 8,487 19.2% Natural Resources, Construction & Maintenance 3,702 8.4% Production/Transportation 3,810 8.6% Total 44,125 100.0% SOURCE: US Census Bureau, 2008-2010 American Community Survey. According to SCAG, the City's 2000 employment base of 24,354 jobs, which was projected to increase by 56% to 38,040 by the year 2010, reflects an average annual growth of 5.6%. However, these projections were surpassed, as described in Table H-5. TABLE H-5 EMPLOYMENT BY INDUSTRY, 2010 Industry Number of Jobs % of Total Manufacturing 5,254 11.9% Retail Trade 5,325 12.1% Education, Health Care and Social 8,356 18.9% Transportation, Warehousing & Utilities 1,542 3.5% Agriculture & Mining 861 2.0% Wholesale Trade 1,278 3.0% Construction 3,221 7.3% Hotel & Amusement 5,677 12.9% Professional, Scientific & Management 4,409 10.0% Finance & Real Estate 2,779 6.3% Information 610 1.4% Public Administration 2,658 6.0% Other Services 2,155 4.9% Total 44,125 100.0% SOURCE: US Census Bureau, 2008-2010 American Community Survey. C. Household Characteristics 1. Household Growth Trends Parallel to the population growth trends shown in Table H-1, household growth in Temecula exceeded that of the surrounding communities and the county as a whole. Between 2000 and 2010, the number of households in Temecula increased by 100%, while that in the county increased by 9%. Comparing the City's population growth (86.1 %) with its household growth (100%) indicates that the City has become more family-oriented with increasing household size. However, Table H-6 shows that Temecula is expected to grow at a much slower pace than the county, at a much lower rate of growth. TABLE H-6 HOUSEHOLD GROWTH TRENDS % Change Jurisdiction 2000 2010 2000- 2010 Projected 2021 Projected % Change 2010-2021 Temecula 15,875 31,781 100% 34,653 9.0% Hemet 27,241 30,092 10% 42,788 42.2% Lake Elsinore 8,844 14,788 67% 22,089 49.4% Murrieta 10,296 32,749 218% 35,811 9.3% Perris 8,850 16,365 85% 23,073 41.0% Riverside 483,580 525,018 9% 655,888 24.9% County SOURCES: US Census Bureau, 2010 Census; California Department of Finance, 2010 2. Household Composition and Size The characteristics of the households in a city are important indicators of the type of housing needed in that community. The Census defines a household as all persons who occupy a housing unit, which may include families related through marriage or blood, unrelated individuals living together, or individuals living alone. People living in retirement or convalescent homes, dormitories, or other group living situations are not considered households. According to the 2010 Census, 81.3% of the 31,781 households in Temecula were considered families. Among the 5,955 non -family households, 4,400 (74.9%) were single people living alone, including 1,387 (23.3%) elderly persons living alone. In 2010, only 129 of Temecula's residents lived in group quarters. Household size is an important indicator for identifying sources of population growth as well as overcrowding in individual housing units. A city's average household size may decline in communities where the population is aging. As depicted in Table H-7, the average E c u L V C E\[ K .A i, f L \ V. H-13 persons per household decreased by 6.47% in Temecula during the period of 2000-2010. This decrease is consistent with the higher cost of housing during that period, which would affect larger families, although a large number of families with school-age children still live in Temecula. Average household sizes in Hemet, Lake Elsinore, and Perris continued to grow, while Murrieta experienced a much more dramatic decline in average household sizes than Temecula, reflecting a slightly different household trend. TABLE H-7 AVERAGE NUMBER OF PERSONS PER HOUSEHOLD, 2000 & 2010 Jurisdiction Average Persons per Household % Change 2000 2010 2000-2005 Temecula 3.39 3.184 -6.47% Hemet 2.27 2.625 15.64% Lake Elsinore 3.41 3.517 3.14% Murrieta 4.27 3.184 -34.11% Perris 3.63 4.215 16.12% Riverside County 3.09 3.165 2.43% SOURCE: California Department of Finance, January 1, 2012 3. Household Income The income earned by a household is an important indicator of the household's ability to acquire adequate housing. While upper-income households have more discretionary income to spend on housing, low- and moderate -income households are more limited in the range of housing they can afford. Typically, as the income of households decreases, the incidence of overpayment and overcrowding increases. The HCD has developed the following income categories: • Extremely Low Income — earn between 0 and 30% of the area median income (AMI), adjusted for household size • Very Low Income — earn between 31% and 50% of the AMI, adjusted for household size • Low Income — earn between 51 and 80% of the AMI, adjusted for household size • Moderate Income — earn between 81 and 120% of the AMI, adjusted for household size • Above Moderate/Upper Income — earn over 120% of the AMI, adjusted for household size. As part of the Regional Housing Needs Assessment (RHNA), SCAG has developed estimates on income distribution for all jurisdictions within the SCAG region in 2012. The income distributions for Temecula and Riverside County are presented in Table H-8. The median household income in Temecula was estimated at $72,433 in 2010, which continued to be higher than the countywide median income of $56,156. One reason for the higher median income in Temecula is that many of Temecula's residents work in San Diego and Orange counties where the median income and associated wages are higher. As shown in Table H-8, almost a quarter (24.55%) of the population in Temecula falls into the lower (extremely low, very low, and low) income category. Of the lower income households, 2,009 are extremely low income households (approximately 784 owner - occupied and 1,225 renter -occupied). TABLE H-8 HOUSEHOLD INCOME Income Group Total Households Percentage of Households Extremely Low 2,009 6.08% Very Low 2,111 6.39% Low 3,753 11.36% Moderate 6,183 18.72% Above Moderate 18,978 57.45% Total 33,034 100.00% SOURCE: SCAG data 2012, 2005-2009 CHAS data 5. Overcrowding An overcrowded household is typically defined as one with more than one person per room, excluding bathrooms, kitchens, hallways, and porches. A severely overcrowded household is defined as one with more than 1.5 persons per room. Overcrowding is the result of either a lack of affordable housing and/or a lack of available housing units of adequate size. According to the 2005-2009 American Community Survey, 896 households in Temecula (2.9%) were deemed to be overcrowded. Of these households, 229 (1.1%) owner -occupied units and 667 (8.2%) renter -occupied units were overcrowded. Of the total 896 overcrowded units, 183 (0.6%) were severely overcrowded. In comparison, overcrowding was a more prevalent issue countywide, with 13,378 (2.0%) households living in severely overcrowded conditions. Ill OF f E!I L C U l E R \ [k15 6. Overpayment State and federal standards consider a family to be overpaying for housing if it spends more than 30% of its gross income on housing. A household that spends more than it can afford for housing has less money available for other necessities and emergency expenditures. Very low-income households overpaying for housing are more likely to be at risk of becoming homeless than other households. Renter households overpay for their housing costs more often than owner households because of their typically lower incomes. Compared to renters, overpayment by owners is less of a concern because homeowners have the option to refinance the mortgage or to sell the house and move into rentals or buy a less expensive home. According to the 2006-2010 American Community Survey, 15,692 (53.01%) households were overpaying for housing, of which 4,541 (52.45%) were renters and 11,151 (53.24%) were owners. When looking at lower-income households overpaying, the 2005- 2009 CHAS data indicates that a total of 6,210 (21.35%) lower- income households were overpaying, of which 2,925 (36.04%) were renters and 3,285 (15.67%) were owners. 7. Housing Vacancy Rates for Owners and Renters Staff reviewed the most recent State of California City/County Population and Housing Estimates Report (E-5). This document indicates the housing vacancy rate for the City of Temecula was 6.54% as of January 1, 2012. In 2010, of the vacant houses in Temecula, approximately 2.2% were for rent and approximately 1.8% were for sale only. (The remaining 2.5% were sold, but unoccupied, seasonally or occasionally occupied, or were vacant for some other unidentified reason.) Under the current General Plan, a vacancy rate of 5% generally signals an adequate supply of housing. Table H-9 provides detailed vacancy rates by tenure taken from the 2010 Census. TABLE H-9 VACANCY RATES BY TENURE, 2010 Number of Units Percentage (2010 Census) of Housing Units Total 34,004 100% Occupied 31,781 93.5% Vacant 2,223 6.5% For Rent 756 2.2% For Sale Only 605 1.8% Rented or Sold, Not Occupied 162 0.4% For Seasonal, Recreational, or 274 0.8% Occasional use Other Vacant 426 1.3% SOURCE: US Census Bureau, 2010 Census, L. I T Y O F T E \I E L U L \ 1-16 L L\ E R -\ L 1' 1. \\ D. Special Needs Populations Certain segments of the population may have a more difficult time fording decent, affordable housing due to their special circumstances or needs. These "special needs" populations include elderly persons, persons with disabilities, large households, single -parent households, farmworkers, and the homeless. 1. Agricultural Workers Agriculture is a predominant industry in Riverside County, which is divided into four distinct agricultural districts. The City of Temecula is located within the San Jacinto/Temecula agricultural district. However, the amount of land devoted to agricultural use in Temecula is miniscule. According to the US Department of Agriculture's 2007 Census of Agriculture, between 2002 and 2007, the number of farms in Riverside County increased, while the number of acres used for farming decreased from an average size of 180 acres to an average size of 102 acres. The 2010 US Census estimated that 861 Temecula residents were employed in agriculture, forestry, fishing, and mining occupations. While there are no agricultural operations in the City, nearby wineries represent an employment base for permanent, seasonal, and/or migrant farmworkers. Farmworkers face various housing issues due to their typically lower incomes and the seasonal nature of their work. These issues include overcrowding and substandard housing conditions, as well as homelessness. The City is unable to require wineries outside of its jurisdiction to provide worker housing. Under its current zoning, the City does not allow for farm labor camps or farm -related group care facilities. However, to assist agricultural workers with their housing needs, the City of Temecula Municipal Code permits by right manufactured homes in all residential zones, permits by right apartments in Medium and High Density Residential zones, conditionally permits boardinghouses in the Medium and High Density Residential zones, and permits by right Efficiency Unit Housing in the Medium and High Density Residential zones. Presently, agricultural workers can also qualify for existing affordable housing units in Temecula. C. I l Y 0 1 1 E At L C 11 I. -V G L\ L R AL 1-1-17 I T 1 2. Female -Headed Households Single -parent families often require special attention due to their needs for affordable child care, health care, and housing assistance. Female -headed families with children particularly tend to have lower incomes, thus limiting housing availability for this group. According to 2010 Census data, approximately 1,724 households (approximately 5.4% of all households) were found to be under the poverty level in the city in 2010. Of those households under the poverty level, approximately 764 (2.4% of total households) were female -headed households. Thus, female -headed households living under the poverty level comprise approximately 20.3% of all female -headed households. This relatively high poverty rate among female -headed, single -parent households suggests that Temecula will continue to face a need for additional, affordable family housing with access to additional support services. Table H-10 provides the number of female -headed households, as well as the percentage of female households living under the poverty level. TABLE H-10 FEMALE -HEADED HOUSEHOLDS City of Temecula Householder Type Number Percentage Total Households 31,781 100.0% Total Female -Headed Householders 3,763 11.8% Female Heads of Household with Children Under 18 2,315 7.3% Female Heads of Household without Children Under 18 1,448 4.6% Total Families Under the Poverty Level 1,724 5.4% Female -Headed Households Under the Poverty Level 764 2.4% SOURCE: US Census Bureau, 2010 Census, 2008-2010 American Community Survey. According to 2010 Census estimates, 5,637 (18.4%) households in Temecula were headed by single parents, of which 2,750 (9.0%) were headed by females with children under the age of 18. These estimates indicate that there are more single -parent households and more households headed by females with children than were reported in the 2000 Census. Among the female -headed households reported in the 2000 Census, 323, or approximately 26%, were living below the poverty level. Although the 2010 Census estimates do not report the number of female -headed households with children living below the poverty level, approximately 11% of all households are headed by a female. It is unlikely that that the percentage of these households living below the poverty line has decreased. Instead, given the high cost of housing in Temecula and current economic conditions, the percentage has likely increased. \\ L C U I, i G E\ L R k L P[\ H-18 3. Seniors/Elderly The special needs of seniors are a function of their often lower or fixed income. In addition, housing for seniors often requires special attention in design to allow greater access and mobility. Housing located in the vicinity of community facilities and public transportation also facilitates mobility of the elderly in the community. Seniors who own homes may, because of fixed incomes, fall behind in property maintenance and may not be able to afford increases in property taxes. In 2010, approximately 7,805 residents (approximately 7.8% of the population) age 65 and older lived in Temecula. Senior heads of households numbered approximately 4,352 or approximately 14% of all households. Table H-11 provides the number of senior households and the percentage of the general population that are senior owners and renters. TABLE H-11 SENIOR HOUSEHOLDS BY AGE AND TENURE, 2010 Householder Age 65-74 years 75-84 years 85 years and older Total City of Temecula Owner Renter Households Households 1,978 460 1,187 311 291 125 3,456 896 % Owners 1% Renters (All Temecula Households) 6.2% / 1.4% 3.7% / 1% 1%/0.4% SOURCE: US Census Bureau, 2010 Census SF1, Tables H4, H16, and H17. These numbers indicate that most seniors in Temecula have either come to Temecula to retire or they are long-time homeowners who want to stay in the area. 4. Persons with Disabilities According to 2005-2009 American Community Survey data, 7,264 residents (7.9%) in Temecula age 16 or over were recorded as experiencing self-care and mobility limitations and/or work disabilities. Physical and mental disabilities can hinder a person's access to traditionally designed housing units (and other facilities) as well as potentially limit the ability to earn income. Housing to satisfy design and location requirements for disabled persons is limited in supply and often costly to provide. Housing opportunities for disabled persons can be addressed through the provision of affordable, barrier -free housing. The requirements for accessibility in the California Building Code and the Temecula Municipal Code will ensure that reasonable accommodation and T 1 \I C C U I. \ C L\ I R L I' L \\ compliance with accessibility requirements are provided in all projects within Temecula. Reasonable accommodation is required for all new nonresidential development and in multi -family housing projects to enable retrofit for persons with disabilities. All development plans are reviewed by the Building and Safety Department prior to approval to ensure that all requirements have been satisfied. In addition to the development of new units, rehabilitation assistance can be provided to disabled residents to make necessary improvements to remove architectural barriers in existing units. 5. Persons with Developmental Disabilities Senate Bill (SB) 812 requires the City to include in the special housing needs analysis the needs of individuals with a developmental disability within the community. According to Section 4512 of the Welfare and Institutions Code, a developmental disability is a disability that originates before an individual attains age 18 years, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual, which includes mental retardation, cerebral palsy, epilepsy, and autism. Many developmentally disabled persons can live and work independently within a conventional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person's living situation as a child to an appropriate level of independence as an adult. The California Department of Developmental Services (DDS) currently provides community-based services to approximately 243,000 persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. The Inland Regional Center is one of 21 regional centers in California that provide point of entry to services for people with developmental disabilities. The center is a private, nonprofit community agency that contracts with local businesses to offer a wide range of services to individuals with developmental disabilities and their families. 11 1' o f F[ \I I C ll 1. G L \ F K \ 1 1-20 The following information (see Table H-12) from the Inland Regional Center, charged by the State of California with the care of people with developmental disabilities, defined as those with severe, life-long disabilities attributable to mental and/or physical impairments, provides a closer look at the disabled population. TABLE H-12 DEVELOPMENTALLY DISABLED PERSONS BY AGE Zip Code City of Temecula 0-14 15-22 23-54 55-65 65+ Years Years Years Years Years Total 92590 4 8 18 0 0 30 92591 84 30 47 7 2 170 92592 159 75 83 6 1 324 SOURCE: Inland Regional Center, December 2012. 6. Large Households Large households are defined as those with five or more persons. The 2010 Census reported 5,786 households in Temecula had five or more members; of those approximately 68% were owner -households and 32% were renters. Typically, the availability of adequately sized and affordable housing units is a major obstacle facing large households. In 2010, Temecula had 11,489 three-bedroom housing units and another 14,026 housing units with four or more bedrooms. Thus, the city has an adequate supply of large -size housing units (approximately 78.3% of all households). The issue for large households is related to affordability, particularly among renters. Accordingly, in the City of Temecula, only 18.9% of renter -occupied units contained five or more people. Table H-13 demonstrates the number of large families residing in each household type by tenure. TABLE H-13 HOUSEHOLD SIZE BY TENURE 1-4 persons City of Temecula 5+ persons Total Number Percentage Number Percentage Number Percentage Owner 18,053 82.1% 3,931 17.9% 21,984 100% Renter 7,942 81.1% 1,855 18.9% 9,797 100% Total 25,995 N/A 5,786 N/A 31,781 N/A Households Source: US Census, 2010, SF1, Tables H4, H16, and H17. 1 Y 0 ( 1 1 \ I E C U L V G L\ L K .A L H-21 L. I TABLE H-14 NUMBER OF BEDROOMS BY TENURE Number of Bedrooms City of Temecula Owner Households Renter Households All Households Number Percentage Number Percentage Number Percentage 0 44 0.20% 150 1.60% 194 0.60% 91 0.40% 1,525 15.90% 1,616 5.30% 2 983 4.70% 3,618 37.70% 4,601 15.10% 3 8,396 40.10% 2,182 22.70% 10,578 34.60% 4 8,818 42.10% 1,517 15.80% 10,335 33.80% 5+ 2,614 12.50% 605 6.30% 3,219 10.60% Totals 20,946 100% 9,597 100% 30,543 100% SOURCE: US Census Bureau, 2008-2010 American Community Survey. 7. Homeless The homeless population refers to persons lacking consistent and adequate shelter. This includes persons living in emergency or transitional housing for homeless persons, as well as persons living in cars, parks, abandoned buildings, and other places not meant for permanent habitation. According to the 2000 Census and 2010 Census estimates, no homeless persons were reported in the city, and Temecula's population was accounted for in either households or group homes. However, the City conducted a point -in -time homeless count on January 23, 2013, in which volunteers identified 23 homeless persons in Temecula. This homeless population accounts for less than one percent of the County's homeless population. A number of facilities and service agencies serve the homeless in the Temecula Valley area, including: • Temecula Murrieta Rescue Mission (Temecula) — Located off Temecula Parkway, provides transitional housing referrals, health services, meals, telephone services, counseling, job information, and referrals to other public and private resources and services. This shelter is funded by a partnership of organizations, including Rancho Community Church and the Orange County Rescue Mission. 0 1 T 1- L C U L \ G E-. A E R \ 1. E 1-22 • Project T.O.U.C.H. — Creates a forum that utilizes faith -based organizations, nonprofits, businesses, and government agencies to provide services to homeless and people in crisis in the Temecula Valley area. These services include shelter through motel vouchers, meals through restaurant vouchers, safe house placement, counseling, transportation assistance, and gasoline vouchers, as well as referrals to other resources and services. This organization is funded by a variety of local private and public sponsors. • Jericho House — A street ministry that offers referrals to transitional housing facilities, food programs and meal assistance, substance abuse counseling, health services, and other private and public resources and services within the Temecula Valley. The nonprofit organization is funded through a variety of local private and public sponsors. In addition, the Riverside County Department of Public Social Services, with offices located in the City of Temecula, offers a variety of programs for the city's homeless population through its Homeless Programs Unit. These services include outreach, intake, and assessment to identify housing and other social service needs such as emergency shelter, transitional housing with supportive services, and permanent housing. The Department of Public Social Services also offers a hotline to assist those in need by dialing 2-1-1. E. Housing Stock Characteristics A housing unit is defined as a house, apartment, or single room, occupied as a separate living quarter or, if vacant, intended for occupancy as a separate living quarter. Separate living quarters ate those in which the occupants live and eat separately from any other persons in the building and that have direct access from the outside of a building or through a common hall. 1. Housing Growth Trends As shown in Table H-15, the housing stock in Temecula increased by almost 74% during the period of 1990 to 2000 and another 84% from 2000 to 2010. However, over the next few years, Temecula is expected to experience only moderate housing growth. 2. Housing Type The majority (83%) of the existing housing stock in Temecula consists of single-family detached and attached homes (see Figure H-2). Single-family housing units are dispersed throughout the City. Multi -family developments of five or more units represent the next C I T l' 0 1- E\ I C. C L 1 L -V G E. 11-23 largest segment (15%) of the housing stock, with the greatest concentration of apartment complexes located along Margarita Road. Currently, Heritage Mobile Home Park located in the northeastern corner of the City is the only mobile home park in Temecula. TABLE H-15 TOTAL HOUSING UNITS Jurisdiction 2000 2012 # Change % Change 2000-2010 2000-2010 Temecula 18,534 34,004 15,470 83% Hemet 30,802 35,522 4,720 15% Lake Elsinore 10,150 16,434 6,284 62% Murrieta 14,528 35,385 20,857 144% Perris 10,444 18,157 7,713 74% Riverside County 582,419 807,970 225,551 39% SOURCE: California Department of Finance 2012 Figure H-2 Temecula Housing Stock Composition Multi, Family (2-4 Units) Multi Family (5+ Units) (15°°) Single Family (Attached) (2%i Mobile Home and Other (3%) (1%) Single Family (Detached) (eo°a) SOURCE: California Department of Finance, January 1, 2012. 3. Tenure Table H-16 illustrates the tenure distribution of occupied housing in Temecula and Riverside County. Compared to the county as a whole, Temecula has an average rate of homeownership. With approximately 31,781 occupied dwelling units in 2010, approximately 69.17% (or 21,984 dwelling units) are owner -occupied. The high percentage of single-family homes that exist in Temecula (28,074 units, or 83% of the housing stock) and the average proportion of renters (30.83%, or 9,797 units) in the City indicate that many single-family homes are used as rentals. l Y O F F F \ I E C U L G E\ E k .A L P L -\ \ F1-24 Jurisdiction TABLE H-16 ESTIMATED HOUSING TENURE, 2010 Occupied Dwelling Units Owner Occupied % of Total Occupied Units Renter Occupied % of Total Occupied Units Total Occupied Units Temecula 21,984 69.2% 9,797 30.8% 31,781 Riverside 462,212 67.4% 224,048 32.7% 686,260 County SOURCE: US Census Bureau, 2010 Census, Summary File 1, Tables H4, H11, H12, H16, H17, and H18. The vacancy rate is a measure of housing availability in a community. A vacancy rate of 5% generally indicates an adequate supply of housing with room for mobility. According to California Department of Finance data, for 2012 the overall vacancy rate in Temecula was 6.54%, while that in the County was recorded at 13.57%. When looking at the 2010 Census, the owner vacancy rate was 2.7% and the renter vacancy rate was 7.1%. 4. Age and Housing Stock Conditions The age of housing is commonly used as a measure of when housing may begin to require major repairs. In general, housing units over 30 years old are likely to exhibit signs of rehabilitation needs, such as new roofing, foundation work, and new plumbing. As depicted in Table H-17, the majority of housing units in Temecula were built between 1990 and 1999 (34.2%) and most likely are in excellent condition. Only about 9% of the existing housing stock is over 30 years old. While approximately 24% of the units were built in the 1980s and will be approaching 30 years old during this Housing Element cycle, these units were built in compliance with modern building standards and are not likely to deteriorate rapidly. TABLE H-17 AGE OF HOUSING STOCK Year Built Number of Units % of Total 2000+ 10,724 32.9% 1990 to 1999 11,166 34.2% 1980 to 1989 7,889 24.2% 1960 to 1979 2,294 7.0% 1940 to 1959 440 1.4% 1939 or earlier 86 0.3% SOURCES: US Census Bureau, 2008-2010 American Community Survey. l L L U 1. V G F\ E R AL 1' 1125 As Building and Safety and Code Enforcement are under the same department supervision, the exchange of information between the staff members is excellent. Enforcement items are a regularly reoccurring weekly meeting topic during Building and Safety staff meetings. According to City staff, no housing units will need to be demolished or replaced due to dilapidated conditions. (However, a few units may be removed in order to facilitate intensification of the sites. The City will ensure that any applicable replacement/relocation requirement is met.) Also, based on the age and condition of housing in the City, only a small portion of the City's 2,820 older housing units would require rehabilitation (not more than 20%, or approximately 564 units) and only some households would require assistance in making the needed repairs or improvements (for purposes of this Housing Element update, the term "older housing" refers to homes constructed prior to 1980). 5. Housing Costs Ownership Housing Temecula has been one of the fastest growing and most prosperous communities in the Inland Empire. With its setting amidst the wine country and location along I-15 midway between San Diego and Orange counties, Temecula experiences growth from both directions. As a result, Temecula was one of the first communities to see its residential real estate market recover from Southern California's steep housing market crash in the mid 2000s. However, as evidenced in Table 11-18, median home prices in Temecula increased between 2009 and 2010, as well as in surrounding communities. According to the California Association of Realtors, housing prices in Temecula are higher than in some surrounding communities, but the overall percentage change in price is lower than in Lake Elsinore, Murrieta, and Perris as of June 2010. While Temecula is one of the highest priced housing markets in Riverside County, when compared to San Diego and Orange counties where the majority of the City's residents work, Temecula's housing costs are substantially lower. For example, in 2010, homes in Temecula sold for an average of $275,000, while homes in San Diego County and Orange County sold for an average of $337,500 and $442,000, respectively. Y T E \I L C u L\ i -2o E\ 1 R \L h L \\ TABLE H-18 MEDIAN HOME PRICES Jurisdiction June 2010 June 2009 % Change Temecula $275,000 $250,000 10.0% Hemet $135,000 $126,000 7.1% Lake Elsinore $213,000 $181,000 17.7% Murrieta $254,000 $230,000 10.4% Perris $160,000 $145,000 10.3% Riverside County $210,000 $185,000 13.5% SOURCE: California Association of Realtors, Median Home Prices, June 2010. Reflective of the housing stock, most housing sales in Temecula are for three- and four-bedroom single-family homes. During the period between June and August 2012, the median sales price was $297,000. Housing units in Temecula are sold for a wide range of prices, depending on the number of bedrooms. As shown in Table H-19, two- and three-bedroom homes have seen a higher percentage increase in median price than four-bedroom homes. The median sales price has significantly dropped from five years ago. TABLE H-19 MEDIAN PRICE OF HOUSING SALES, 2012 Single -Family June -Aug. 2012 % Change May -Aug. 2012 March -May 2012 5 Years Ago % Change 2 -Bedroom $163,000 14% $143,000 $340,934 -109% 3 -Bedroom $249,000 4% $239,000 $367,838 -48% 4 -Bedroom $302,000 -3% $310,000 $430,356 -43% All Properties $297,000 3% $289,500 $445,500 -50% SOURCE: www.trulia.com Sept. 2012. Housing affordability is dependent on income and housing costs. According to California Department of Housing and Community Development (HCD), the 2012 area median income (AMI) for a household of four in Riverside County was $63,300. Based on this area median income, the following maximum income limits for a four -person household can be established: • Very low-income households (0 to 50% of AMI) earn a maximum of $33,500 • Low-income households (51 to 80% of AMI) earn a maximum of $53,600 • Moderate -income households (81 to 120% of AMI) earn a maximum of $75,950 1 \ I C u L \ G L\ r R 1 1-_27 Assuming that the potential homebuyer within each income group has sufficient credit, down payment (5%), and maintains affordable housing expenses (i.e., spends no more than 30% of their gross income on the mortgage, taxes, and insurance), the maximum affordable home price can be determined for each income group. Table H-20 shows the maximum housing prices affordable to the various income groups. Based on the median home prices shown in Table H-19, housing ownership opportunities are available in Temecula for moderate -income households, although very low- income and low-income households would not be able to afford median housing prices in the City. In addition, most two- and three- bedroom condominiums, and some older three- and four-bedroom houses, are affordable to moderate -income households. TABLE H-20 AFFORDABLE HOUSING COSTS BY INCOME CATEGORY, RIVERSIDE COUNTY Monthly Income Maximum Affordable Affordable Taxes & Affordable Category Income Housing Utilities Rent Insurance Home Price Cost Very Low $33,500 $781 $128 $653 $191 $124,000 Low $53,600 $1,340 $128 $1,247 $295 $227,500 Moderate $75,950 $1,856 $128 $1,728 $379 $311,500 Median $63,300 $1,563 $128 $1,435 $327 $260,000 Source: Mortgage Affordability Calculator, September 2012 Maximum affordable home price based on a 30 -year loan at 3.225% interest, assuming that the homebuyer can afford to pay a 5% down payment and closing costs. Affordable rent is based on a three-bedroom unit. Rental Housing Examining the rental housing market is a direct means to identifying rental price information. Rents are ultimately determined by the interaction of supply and demand within the housing market. The two most significant factors contributing to rental prices are location and amenities. Table H-21 provides samples of "typical" rental housing in Temecula. 1 I i O F l \1CG L. A E R \ L A A 1-1-28 TABLE H-21 RESIDENTIAL RENTAL PRICES, 2011 Type Number Available Low Cost High Cost Single -Family 1 -Bedroom 0 N/A N/A 2 -Bedroom 5 $1,195 $1,800 3 -Bedroom 23 $1,475 $2,350 4+ Bedroom 46 $1,600 $8,000 Apartments 1 -Bedroom 10 $875 $1,685 2 -Bedroom 13 $950 $2,650 3 -Bedroom 8 $1,195 $2,415 4+ Bedroom 0 N/A N/A SOURCE: www.ForRent.com; www.trulia.com, September 2012 Based on the household income limits identified in Table H-20, a low-income household can afford to pay monthly housing costs in the amount of $1,340 per month, while a moderate -income household can afford to pay up to $1,856 per month. Based on these limits, very low- and moderate -income households can afford to live in Temecula even if rents have increased significantly by 40% since the last update to the Housing Element. Because low-income households can only afford to pay $1,340 a month in housing costs, they will not be able to afford market -rate rents without paying in excess of 30% of their gross income under most circumstances. Often large households with low incomes have to resort to smaller units in order to save on housing costs, which typically results in overcrowding. 6. Assisted Housing at Risk of Conversion Inventory ofAssisted Housing State housing element law requires the analysis of government - assisted housing units that are eligible to convert from low-income housing to market -rate housing during the next ten years due to expiring subsidies, mortgage prepayments, or expiration of affordability restrictions and the development of programs aimed at their preservation. Table H-22 provides an inventory of the City's assisted multi -family housing stock by various government assistance programs. This inventory includes all multi -family rental units assisted under federal, state, and/or local programs, including HUD programs, state and local bond programs, and local density bonus or direct assistance programs. Ill' OF 1 1 \I LCULA G l \ L R \ L 1' L\ 1 1-29 TABLE H-22 ASSISTED HOUSING INVENTORY AND AT -RISK STATUS Project Rancho California Apts. (29210 Stonewood Rd.) Rancho West Apts. (4220 Main St.) Rancho Creek Apts. (28464 Felix Valdez Rd.) Mission Village Apts. (28497 Pujol St.) Oaktree Apts. (42176 Lyndie Lane) Creekside Apts. (28955 Pujol St.) Dalton II (41945 5t St.) Dalton III (41955 5'h St.) Cottages of Old Town 6`h St. & Felix Valdez) Riverbank Apts. (28500 Pujol St.) Temecula Lane (Loma Linda Rd & Pechanga Pkwy) Habitat I (6th St. & Felix Valdez) Habitat II Portola Terrace Apts. Warehouse at Creekside Summerhouse Total Project Units 55 150 30 76 40 48 24 22 17 66 Program # of Earliest Conversion Date Units at Risk Tax Credits RDA Revenue Bond HOME RDA Loan RDA Revenue Bond FmHA New Construction Section 515/Section 8 Fm HA New Construction Section 515 Agency Loan Agency Loan Agency Loan Agency Loan 11 Builder Financed 2 Land/Cash Contribution 7 Land/Cash Contribution 44 Agency Loan 32 Agency Loan 110 Agency Loan SOURCE: City of Temecula, March 2013. *Expiration dates based on conversations with AIMCO and AWI Management. 2067 4/9/2026 12/31/2026 7/16/2048 2066* 8/22/2036 2062 2062 2047 2058 2065 2047 2047 2066 2065 2064 L. l I Y O F I E \ I L C L \ G F\ E K A L I' L \\ 1+30 At -Risk Housing Conversion Potential According to the California Housing Partnership Corporation, there are no government -assisted rental properties in the City of Temecula that are at risk of converting to market -rate. Preservation and Replacement of At -Risk Housing Cost Analysis Preservation of the at -risk projects can be achieved in four ways: (1) facilitate transfer of ownership of the at -risk properties to nonprofit organizations; (2) purchase affordability covenants; (3) provide rental assistance to tenants using funding sources other than Section 8; and/or (4) construct or purchase replacement affordable units. Transfer of Ownership: By transferring ownership of at -risk projects to nonprofit housing organizations, long-term, low-income use of those projects can be secured, and the project will be eligible for a greater range of government assistance programs. Purchase of Affordability Covenant: Another option to preserve the affordability of at -risk projects is to provide an incentive package to the owners to maintain the projects as low-income housing. Incentives could include writing down the interest rate on the remaining loan balance or supplementing the tenant's rent payment or Section 8 subsidy amount from HUD to market levels. To purchase the affordability covenant on the at -risk projects, an incentive package should include interest assistance at or below what the property owners can obtain in the open market. To enhance the attractiveness of the incentive package, the interest assistance may need to be combined with additional rent assistance. Rent Subsidy: For example, if there was a project that had a total of 55 units that currently maintain Section 8 contracts that are due to expire within the time frame of this Housing Element. Should annual renewal of project -based Section 8 contracts become unavailable in the future, tenant -based rent subsidies such as Section 8 vouchers and certificates may be used to preserve the affordability of housing. Table H-23 describes the rental subsidies that would be required for the project. Under the US Department of Housing and Urban Development (HUD) Section 8 program, assistance is only available to very low- income households (up to 50% of the county median family income). Thus, the discrepancy between the fair market rent for a unit and the housing cost affordable to a very low-income household is used to estimate the amount of rent subsidy required for that unit. I 1 I I l \1 E C U L -\ G L\ E R \ L. [' L_ A 1 1-31 TABLE H-23 RENT SUBSIDIES REQUIRED Section 8/Subsidized At -Risk Units Rancho California 2 -Bedroom 22 3 -Bedroom 22 4 -Bedroom 11 Total 55 Total Monthly Rent Income Supported by Affordable $26,180 Housing Cost of Very Low -Income Households Total Month Rent Allowed by Fair Market Rents $42,152 Total Annual Subsidies Required $191,664 Notes: A two-bedroom unit is assumed to be occupied by a three-person household, a three-bedroom unit by a four -person household, and a four-bedroom unit by a five -person household. Based on 2007 median family income in Riverside County, affordable monthly housing cost for a three-person very low-income household is $666, for a four -person household is $740, and for a five -person household is $799. 2005 fair market rents in Riverside County are $752 for a two-bedroom unit, $1,058 for a three- bedroom unit, and $1,234 for a four-bedroom unit. Replacement Cost Analysis/Purchase of Similar Units: The cost of developing new housing depends on a variety of factors such as density, size of units, location and related land costs, and type of construction. Based on discussions with a local developer with recent experience building multi -family housing in Temecula, it would be nearly impossible to develop multi -family rental housing for less than approximately $130,000—$150,000 per unit. This estimate includes all costs associated with development. To replace the 55 affordable units with new construction would therefore require at least $12,350,000 to $14,250,000, provided that vacant or underutilized multi -family residential sites would be available for construction of replacement housing. Cost Comparison The cost to build new housing to replace the 55 at -risk units is high, with an estimated total cost of between $12.35 million and $14.25 million. The new construction cost estimate to replace the potential loss of these affordable units is considerably higher than the cost to preserve them. The most cost effective means of preserving the affordability of the at -risk units would be to transfer ownership to a nonprofit group or purchase 55 similar existing units, which is estimated at more than $6.9 million. Use of other forms of rent assistance, such as Section 8, does not ensure long-term unit affordability. The cost associated with rent subsidies is lower, requiring a total of approximately $359,910 annually for the Rancho California Apartments. 1 1 0 L { L \I I=. C U LV G E\ E. R \ L I' L\\ 1-1-32 Overall, transferring project ownership to nonprofit organizations, combined with financing techniques to lower the mortgage payment and the purchase of affordability covenants, is probably the most cost effective means of preserving at -risk housing projects in Temecula. Please refer to pages H-77 and H-78 of this Housing Element in which the City has identified qualified entities and potential funding sources for projects at -risk of converting to market rate (Section 65583 (a) (9) (C) and (D). CITY 0'1 Y EMECULA GENEKAL PLAN 1-33 III. CONSTRAINTS ON HOUSING PRODUCTION Market, governmental, and infrastructure factors pose constraints to the provision of adequate and affordable housing. These constraints may result in housing that is not affordable to very low-, low-, and moderate -income households or may render residential construction economically infeasible for developers. A. Market Constraints 1. Land and Construction Costs A major cost associated with developing new housing is the cost of land. Most vacant residential parcels in Temecula have been subdivided, while others are contained within planned communities. In 2000, in the Meadow View area, where parcels begin at 0.5 acre and increase in size, the price of a vacant parcel ranged from $60,000 to over $100,000. Larger tracts of raw land are available in the surrounding sphere of influence at a lower cost per acre. However, the potential development of this raw land is constrained by the City's desire to preserve rural lands, as evident in the General Plan. In general, as of December 2012, vacant parcels in Temecula range from $5,000 per acre (residential) to nearly $55,000 per acre (vineyard). Most vacant residential parcels in Temecula are priced between $100,000 and $455,000. Another major cost associated with building a new house is the cost of building materials, which can comprise up to 50% of the sales price of a home. Construction costs have continued to escalate throughout California. Wood frame, single-family construction of average to good quality ranges from $50 to $70 per square foot, while custom homes and units with extra amenities may run higher. Costs for wood frame, multi -family construction average about $50 per square foot excluding parking. The costs of both land and construction of a new house are passed on to the homebuyer. As a result, an increase in the cost of land or construction materials will result in a higher housing price for the purchaser. TY or G L v L[ .v L f T A v H-34 2. Availability of Mortgage and Rehabilitation Financing Under the Home Mortgage Disclosure Act (HMDA), lending institutions are required to disclose information on the disposition of loan applications. Overall, in 2006, financing tightened for homebuyers and homeowners in Temecula and throughout the entire Riverside -San Bernardino -Ontario region. In 2006, a total of 255,754 applications were submitted for conventional home purchase loans throughout the Riverside -San Bernardino -Ontario area. Of the total submitted applications, approximately 53% were approved, 21% were denied, and the remaining 26% were withdrawn or cancelled for incompleteness. In 2011, a total of 28,760 applications were submitted throughout the Riverside -San Bernardino -Ontario area, of which 64.8% were approved, as depicted in Table H-24. Lower- income applicants throughout the area continued to have a lower rate of approval in comparison to the higher -income applicants. However, with tightened lending guidelines and the slow economy, the number of applications submitted has dropped but the rate of approval has increased from 53% in 2006 to nearly 65% in 2011. TABLE H-24 DISPOSITION OF CONVENTIONAL LOAN APPLICATIONS: 2011 RIVERSIDE -SAN BERNARDINO-ONTARIO METROPOLITAN STATISTICAL AREA Home Purchase Loans Applicant Income Total Applications % Originated/ Approved* % Denied % Other Low Income (<80% AMI) Moderate Income (80-119% AMI) Upper Income (>+120% AMI) Total 7,118 59.4% 18.2% 22.3% 6,291 63.6% 14.9% 21.5% 15,351 67.9% 28,760 64.8% 12.3% 25.1% 14.3% 23.6% * An originated loan is a loan that has been approved and accepted by the applicant. SOURCE: Home Mortgage Disclosure Act (HMDA) data for 2011, Table 4.2. The disparity between income groups with the availability of funding is also apparent in the approval rate for conventional home improvement loans. Table H-25 Illustrates the disposition of government -backed home purchase loans. Government -backed loans include those insured by the FHA, FSA/RHS, and VA. Comparing Table H-25 with Table H-24 indicates that households of all income levels throughout the area have a higher approval rate for government -backed loans than for conventional loans to achieve homeownership. This information further substantiates the continued need for homebuying assistance in order to facilitate homeownership among low and moderate -income households. C I f Y 01 f E v1 I LULA G E y L R v 1. P L v y 1 1-35 TABLE H-25 DISPOSITION OF GOVERNMENT -BACKED LOAN APPLICATIONS: 2011 RIVERSIDE -SAN BERNARDINO-ONTARIO METROPOLITAN STATISTICAL AREA Home Purchase Loans Applicant Income Total Applications % Originated) Approved* % Denied % Other Low Income 14,387 64.8% 14.4% 20.8% (<80% AMI) Moderate Income 10,781 69.9% 12.6% 17.5% (80-119% AMI) Upper Income ° o ° (>+120% AMI) 10,354 69.90 /0 12.4 /0 17.7 /o Total 35,720 67.8% 13.2% 18.9% SOURCE: Home Mortgage Disclosure Act (NMDA) data for 2011, Table 4.1. * An originated loan is a loan that has been approved and accepted by the applicant. More households applied for government -backed loans than conventional loans, which is reflective of the overall sound condition of the City's housing stock. Locally assisted home improvement loans and grants are important to assisting low- and moderate -income households in making necessary repairs. B. Governmental Constraints 1. Land Use Controls The Land Use Element of the Temecula General Plan and corresponding Development Code provide for a range of residential types and densities dispersed throughout the City. According to Table LU -3 in the 2005 Land Use Element, 8,399 acres of the City land area is dedicated to residential uses, including single-family homes, multi- family units, and mobile homes. Maximum residential densities, in terms of dwelling units per acre (DU/Ac), in Temecula cover a wide spectrum, including the following categories: • Hillside Residential (HR) (0.1 DU/Ac) • Rural (RR) (0.2 DU/Ac) • Very Low Density Residential (VL) (0.4 DU/Ac) • Low Density Residential -1 (L-1) (2 DU/Ac) • Low Medium Density Residential (LM) (6 DU/Ac) • Medium Density Residential (M) (12 DU/Ac) r 1 0 1 l F I E C u L v C L v I_ R v L 1' [ v v 11-36 • High Density Residential (H) (20 DU/Ac) These residential categories provide for a range of housing types to be developed in Temecula. The City has also set target density levels for the following residential uses: • Very Low Density Residential (VL) (0.3 DU/Ac) • Low Density Residential -1 (L-1) (1.5 DU/Ac) • Low Medium Density Residential (LM) (4.5 DU/Ac) Target density levels are used in projecting future development. The target density establishes a ceiling within the range which cannot be exceeded without Planning Commission/City Council approval. Targets of 10 DU/Ac for Medium Density Residential and 16.5 DU/Ac for High Density Residential are shown in Table LU -1 of the Land Use Element. These numbers are for analysis and are used when calculating maximum allowable density bonuses. However, projects that provide amenities or public benefits will be allowed to exceed the target level. For example, affordable housing is considered a public benefit and is therefore not subject to the established target density level of 10 DU/Ac for Medium Density Residential and 16.5 DU/Ac for High Density Residential. Other types of amenities or public benefits may include providing road connections, parks, or a fire station. These amenities typically apply to large-scale planned development projects. In addition, the Land Use Element includes a Mixed -Use Overlay that adds residential uses to permitted uses and increases the maximum density and target floor -to -area ratio (FAR). As stated in the General Plan Land Use Element, for each area, a daily trip cap is defined, based on the maximum number of daily trips permitted. Within the daily trip cap for each area, flexible, high-quality design and creative mixes of adjacent uses are encouraged. Development project proposals that exceed the specified trip caps will not be approved. Residential densities would average approximately 28 units per net acre. According to the Land Use Element, the total number of units possible in Mixed -Use Overlay areas ranges from approximately 1,173 to 2,348 units. The trip caps for each Mixed Use Overlay area are as follows: Area 1 — 15,000 trips; Area 2 — 30,000 trips; Area 3 — 6,000 trips. The total number of trips, 51,000, is equivalent to 8,500 residential dwelling units (at 6 trips per unit for high-density residential development), or 102 acres of commercial development (at 500 trips per acre), or a combination of the two. This intensity of development within the Mixed Use Overlays, while previously evaluated, is not expected to occur. F Y I T F. \-I E C U L V G E\ I: R \ L I' L \ N 1 1-37 2. Residential Development Standards Temecula's residential development and parking standards are summarized in Tables H-26 and H-27. Residential standards have been adopted by the City to protect the safety and welfare of Temecula residents. The Development Code and General Plan allow for modification and flexibility in the development standards through the provision of a Mixed -Use Overlay, Village Center Overlay, and Planned Development Overlay. Flexibility in planning for overlay areas is allowed to promote a greater range of housing opportunities within the City. Diversity of housing, including affordable housing, is one of the performance standards for the Village Center Overlay. The Planned Development Overlay zoning district also encourages the provision of additional housing opportunities for the community. I I y or T E\ I L C U L \ G E\ E R -\ L PLA\ 1+38 ■ 2 B 2 x S -J � k 0 �a) 173 1 �o+k a2)£• nao�#>•oc 1.1_ »\E� e� - 0 0 0 0 0 cc 0 0 0 R 0 \ w 10 acres 5 acres 2.5 acres 1.0 acre 0.5 acres «y &'- f _1 a) §E \2 Zc< < E & E < 0) k/ )/]�%{$ e t » co <2za2n Lot Dimensions 0 0 \ \ a k a 0 0 0 \ \ \ o£§ �1- u) o - 2-0 1mm Qom. 5a) co ) (Cc ILOm 2.E 0 0 < \ \ 0 0 0 O \ k a a 2 S 2 0 E g a k a 0 0 0 _E # \ 0 £- e �@ • a « ¥\a])2\Lek k&f E& ƒf §7/ k [fCLfl=at//. §io u3o.. J33\ Minimum Lot Depth 2 k $§§ (J) zo±u=yR)2) u) (1) )®/m ®._kEa 0 0 0 0 O 0 \ \ a a w a g f 2 R a a a a LO 10 » § a » a a \ g m g a a a w . . g m Minimum Rear Yard 0 Z y 1- (O z N w w0 mw <w J F Z w w 2 th 0 a N 0 a ✓ x U U 0 J N J vim c ,=o oo E io 0o E m oI o j � = C CO 7 N M O N M O a O 0 � M N N -0 N U) H a a)= O O Ow f/) °a) — d U C m L 0 'P > cu0 tri. to co a) H N O 2 'afaC N a 0 ui o u 2 0o E 0 E m O 1 o a O'. o v r= Ow j j N M o N M O 0 O 0 76 N= O cc7 lF y U)N = `y 5 C 3 .c > N CO 0 Lo to co 0 0 In )Of) N 0 0 M N z z z 0 Q Z (1) M N O O N z m N 0 z M M Maximum He 0 ✓ � O O J O 0 E ° • O E co 2U O rn U Q coN M O 0Q z z Z U (0 d N o a) c 'ca o N • 8CN U a) •L a) M coO a) H. E NO t U N CO ,`,-3 o co u)� o C °5 V E 0) a) C '0 C E CN O a) O N a) U a N O C 0 0 MN (Ni CO .L J 0 0 C co E O • - co -0 co—w . 9 .OL (0 N O a) a3 O O Ua) = N— n 0 a) a) E)W_ m a) y N L V N O a) O N y .€,,, E� w U C al N C d O 7 Nu L1OQ UO O CO N ° n o a) pNm o � U L 0) `) Na) V) 0) Y a) U • U a '� U .0 l6 a) 03 N N N j 1) N L CO (0 N O N (a V L co a) • a) 03 v O • w a) T 'c ii a) O N N O C N - a) ;0 . C U (� C V p O X — U a) N O a) ° a) T L aL M 10 m O -E..1) a) y N > L� N O N La V U �Ca "c.) c (0 E To N C N N U :.t2. U .O a) a,~ L 03 N 03 oU c- a) U 7C U E0), N ..L; 'L -X f0 Ul N OCl -0 N a) a) '— a) E ° Old f6� T 0 C N O a) F 'O C N O L CE 72 O a) N E E (O O N T m Ln N .N� O C E o 2 *t0 'w C C a ° a) L OvEO NOa 0- _ di O ad O O O Ua >7 N -L'' C.L-'a0)7 C)T0.0_ co . s �o N Z ¢ E E aw TABLE H -26A RESIDENTIAL DEVELOPMENT STANDARDS — OLD TOWN SPECIFIC PLAN District DTC RILMU NR Minimum Net Lot Area (square feet) 3,500 3,125 3,750 Minimum Average Net Lot Area per Dwelling Unit - Maximum Dwelling Units Per Acre' 70 70 35 Lot Dimensions Minimum Lot Frontage at Front Property Line 25 25 50 Minimum Lot Frontage for a Flag Lot at Front Property Line - Minimum Width at Required Front Setback Area 10 10 Minimum Average Width - Minimum Lot Depth 140 125 75 Setbacks Minimum Front Yard 20 20 20 Minimum Corner Side Yard - 5 Minimum Interior Side Yard - 5 Minimum Rear Yard 5 5 10 Other Requirements Maximum Height 50 50 50 Maximum % of Lot Coverage - - - Open Space Required Private Open Space Per Unit 75-100 50-75 100 SOURCE: City Of Temecula, Old Town Specific Plan Notes: Rear yard setback is 0 feet where an alley occurs, or 5 feet in NR District. TABLE H -26B RESIDENTIAL DEVELOPMENT STANDARDS — PLANNING DEVELOPMENT OVERLAYS PDO.2 PDO -5 PDO -6 PDO.7 PDO -10 PDO - 11 12 Minimum Net Lot Area (square feet) Minimum Average Net Lot Area per Dwelling Unit Maximum Dwelling Units Per Acre Lot Dimensions 2,700 - 40,000 7,200 7,000 2,400 4,500 2,400 20 12 10 2 Minimum Lot Frontage at Front Property Line 30 ft. - 60 ft. 30 ft. - Minimum Lot Frontage for a Flag Lot at Front 12 ft. - - 20 ft. Property Line Minimum Width at Required Front Setback Area 40 ft. - 80 ft. 40 ft. Minimum Average Width 40 ft. - - 50 ft. 50 ft. 40 ft. 45 ft. Minimum Lot Depth 55 ft. - 120 ft. 80 ft. 100 ft. 60 ft. 100 ft. Setbacks Minimum Front Yard 8 ft. 45 ft.1 20 ft.5 10 ft. - 5 ft. 15 ft. Minimum Corner Side Yard 0 ft. 45 ft.1 15 ft. 10 ft. 10 ft. Minimum Interior Side Yard 0 ft. 45 ft.' 10 ft. 5 ft. 5 ft. Minimum Rear Yard 5 ft. 45 ft.' 10 ft. 20 ft. - 10 ft. 20 ft. Landscape Setback2 - 25 ft. - - - - - Other Requirements Maximum Height 35 ft. 28 ft.140 40 ft. 40 ft. 50 ft. 25 ft. 35 ft. ft.3 Maximum % of Lot Coverage 50% - 50% 35% 50% - Floor Area Ratio - 1.004 - - - - Open Space Required 30% - 25% 25% - 20% Private Open Space Per Unit 120 sf - - 200 sf - 200 sf SOURCE: City of Temecula Municipal Code, Sections 17.22. Accessed May 2013. Notes: For Sub Area C along the eastern and southerly property line. A minimum 25 -foot landscape buffer setback from the property line shall be provided in Sub Areas A and B along Rancho California Road and between Sub Area A and existing residential development to the east. 28 feet and 1 story in Sub Area A; 40 feet and 3 stories in Sub Area C. Maximum floor area ratio (with bonuses). Target floor area ratio is .50 10 feet on service and access roads and 25 feet adjacent to residentially zoned property. TABLE H-27 PARKING SPACE REQUIREMENTS Land Use Required Parking Spaces Single -Family Unit Duplex, Triplex Multi -Family Units (12 units or less) — 3 or fewer bedrooms Multi -Family Units (13 or more units) — 3 or fewer bedrooms Mobile Home Park Second Unit Senior Citizens Housing Complex/Congregate Care 2 enclosed spaces 2 covered spaces/units, plus 1 guest space/4 units 2-5 units: 2 covered spaces/units, plus 2 guest spaces per project 6-12 units: 2 covered spaces/unit, plus 3 guest spaces 1 covered space and 1/2 uncovered space for each 1 -bedroom unit 1 covered and 1 uncovered space for each 2 -bedroom unit 2 covered spaces and 1/2 uncovered space for each 3 -bedroom (or more) unit plus 1 guest space/6 units, with a minimum of 4 guest spaces per project 1 covered space/trailer site, plus 1 guest space/2 trailer sites 1 covered space for each 2 -bedroom (or smaller) unit 2 covered spaces for each 3 -bedroom (or larger) unit 1/2 covered space/unit, plus 1 uncovered guest space per 5 units SOURCE: City of Temecula Development Code, 2008. Additional flexibility in development standards is also provided in the Development Code through the use of variable setbacks. This flexibility allows for creative site planning, especially for irregular sites. For example, the City adopted a Planned Development Overlay district for the Temecula Creek Village project to provide for mixed- use commercial/residential development. Temecula Creek Village consists of 32.6 vacant acres within the Professional Office (PO) zone with 20 acres of residential and 12 acres of commercial uses. Residential uses for the Planned Development Overlay district include medium- and high-density multi -family uses. Affordable Housing Opportunities To provide additional opportunities for affordable housing, the Development Code and General Plan also allow senior housing, congregate care facilities, and affordable housing in some nonresidential zoning districts. Senior housing is also permitted in the Neighborhood Commercial (NC), Community Commercial (CC), Service Commercial (SC), Highway/Tourist Commercial (HT), and Professional Office (PO) zoning districts. Congregate care facilities I T 1' F I E ,11 E C U L i G L\ F R \ L. P L k\ I-1-43 are allowed in the Neighborhood Commercial, Community Commercial, Highway/Tourist Commercial, Service Commercial, and Professional Office zoning districts. Affordable housing projects are allowed in the Professional Office zoning district. Affordable housing and affordable senior housing projects are entitled to receive various incentives, provided the project meets the requirements of Section 65915 of the California Government Code. Affordable housing projects are entitled to receive qualifying density incentives through Section 17.10.020(M)(3)(a) of the Temecula Municipal Code and may also receive qualifying concessions through Section 17.10.020(M)(3)(b) of the Temecula Municipal Code. The project incentives and concessions pursuant to the Temecula Municipal Code are as follows: a. Density Incentives. Affordable housing projects are entitled to receive an increase in the allowable density for the following zoning districts. The maximum densities for affordable housing projects are as follows: i. In the High Density Residential and the Professional Office zoning districts, the maximum density shall be thirty units per acre. ii. In the Medium Density Residential zoning district, the maximum density shall be eighteen units per acre; however, for affordable senior housing, the maximum density shall be twenty units per acre. iii. In the Low Medium Density Residential zoning district, the maximum density shall be nine units per acre. iv. In all approved specific plans, the maximum density bonus shall not exceed fifty percent of the target density in the planning area. To achieve such densities, it may be necessary for the City to offer development standard concessions. Such concessions are already available to projects which provide an affordable component, as it applies to a density bonus. The types of concessions that may be offered for affordable housing projects are discussed in detail in the Density Bonus and Incentive Law section of this Housing Element. 3. Provisions for a Variety of Housing Housing element law specifies that jurisdictions must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of a variety of types of housing for all income levels, including multi -family rental C i r Y O r f E v1 E r G v r_ R L. P E .A v 144 housing, agricultural employee housing, manufactured homes, senior and affordable housing, congregate care facilities, emergency shelters, transitional housing, supportive housing, efficiency unit housing, second dwelling units, and housing for persons with disabilities. Table H-28 summarizes Temecula's permitted residential housing by zoning district and the following paragraphs describe the City's provision for these types of housing. CITY OF T E \I [ C U L A CI E\ E R L I' L\N H-45 w Z 0 N a I I I a I 0- I I a a a a. 0 a U f0 L 42 0 Vc C f n CD co �? c • i5 o. (1) (0 U a 0 a 0 a U 1 a a a a a a a a D o U o L w D � ,� fq CO • '- N C a)N� C cn o Td 7c) 42 -2, vi ~ co •5 a) C O N C C0 U u)=a'o a CD CDD m ami m 0 co U) O N U) ON CO N CO S 1- H 1- U a s a a a 0 a a 0- 0- a a a 0 a '1 a I a 0 a 0 a 0 a 0 a 0 a cq1 1 1 a 0 a 0 a 0 a 0 a 0 a r,,1 1 1 a 0 a 0 a 0 a 0 a 0 1 i 1 1 a V a 0 a U a 0 a 0 1 1 1 1 a 1 a 0 a 0 a 0 a 0 1 I 1 1 a 1 a 0 a U a U a 0 0 i W Z 0 N TABLE H -28A PERMITTED HOUSING BY ZONING DISTRICT — OLD TOWN SPECIFIC PLAN HOUSING TYPE DTC R/LMU NR Rowhouse Courtyard Building Bungalow Courtyard Duplex, Triplex, Quadplex Detached House SOURCE: City of Temecula, Old Town Specific Plan. P P P P P P P P P P P ITY OF T E M E C U L\ GENERAL PLAN H-48 TABLE H -28B PERMITTED HOUSING BY ZONING DISTRICT ZONE HOUSING TYPE PDO -1 PDO -7 Area PDO -7 Area PDO -7 PDO -2 1A, 1B 2 Area 3 Single-family detached P' Duplex (two-family dwellings) P' Single-family attached (greater than two units) P Multiple -family P Manufactured homes P Mobile home park - Facilities for the mentally disordered, disabled, or dependent or neglected children (six or fewer) Facilities for the mentally disordered, disabled, or dependent or neglected children (seven to twelve) Alcoholism or drug abuse recovery or treatment facility (six or fewer) Alcoholism or drug abuse recovery or treatment facility (seven or more) Residential care facilities for the elderly (six or fewer) P Residential care facilities for the elderly (seven or more) Residential care facilities (six or fewer) P Residential care facilities (seven or more) P Congregate care residential facilities for the elderly P Boarding, rooming and lodging facilities C Secondary dwelling units Guest house P2 Family day care homes—small P Family day care homes—large' P Day care centers C Bed and breakfast establishments - Emergency shelters P Transitional housing P Supportive Housing - Efficiency Unit Housing Residential employee housing unit3 C P P P P P P SOURCE: City of Temecula 2012. Notes: 1. Detached residential or zero lot -line units, duplexes and two-family dwellings are permitted only with the approval of the Planning Commission. 2. Allowed only with a single-family residence. 3. One dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business. Permanent and Seasonal Housing for Agricultural Employees: Agriculture is a predominant industry in Riverside County, but there is very little farmland that is considered prime, unique, or of local importance within the City limits (General Plan, Figure OS -3). While there are no agricultural operations in the City of Temecula, nearby wineries represent an employee base for agricultural workers. Agricultural workers face various housing issues due to their typically lower incomes and the seasonal nature of their work. However, since there is an insignificant amount of existing agricultural land, the City does not provide agricultural employee housing and does not anticipate a need for permanent and seasonal agricultural employee housing. Other opportunities for agricultural worker housing are discussed on page H-17 of this Housing Element. Additionally, Program 22 is proposed to address compliance with the Employee Housing Act which includes employee housing requirements for agricultural employees. Factory -Built Housing/Modular and Mobile Homes: Temecula allows for the provision of manufactured housing in all of its residential zoning districts, but requires a permanent foundation. Mobile home parks are allowed with a conditional use permit in all of the residential zoning districts, except Hillside Residential (HR) and Rural Residential (RR), where they are not permitted. Manufactured housing must be certified according to the National Mobile Horne Construction and Safety Standards Act of 1974 and must conform to all other development and use requirements applicable to the primary units in the zoning district. The units must stand on a permanent foundation, and the materials used for the siding must be approved by the Planning Director. Additionally, the City recognizes the potential for additional affordable factory -built housing as second dwelling units. Senior Housing/Affordable Housing: There are a total of 14 affordable housing developments throughout the City of Temecula. Affordable housing is permitted in High, Medium, and Low Density Residential zoning districts and in Professional Office (PO) zones. In addition to development on vacant land within the permitted zones, the City recognizes the potential for additional affordable housing in future mixed-use areas, including the Uptown Jefferson Specific Plan Area, the Diaz property, the adjacent Professional Hospital Supply (PHS) expansion site, the Old Town Specific Plan Area, the Temecula Town Center, and the Bel Villaggio Shopping Center. Affordable housing can also be achieved in the form of second dwelling units. The Municipal Code allows for second units in all residential zoning districts if the development standards can be met. For additional information on affordable housing within the City, please reference the Housing Element sections on housing stock and housing resources. 1 1' O F ECE R \ L. 1' L\ 1-1-50 Senior and affordable housing are permitted by -right in the High, Medium, and Low Medium Density Residential zoning districts, with approval of a development plan. The maximum density allowed for senior housing that complies with the City's affordable housing provisions, is 30 units per acre for High Density Residential, 20 units per acre for Medium Density Residential, and 8 units per acre for Low Medium Density Residential. The maximum density allowed for affordable housing that complies with the City's affordable housing provisions, is 30 units per acre for High Density Residential, 18 units per acre for Medium Density Residential, and 9 units per acre for Low Medium Density Residential. Senior housing is also allowed in the Neighborhood Commercial, Community Commercial, Service Commercial, Highway/Tourist Commercial, and Professional Office zoning districts. Senior housing constructed in the Neighborhood Commercial zone will be developed to be consistent with the development and performance standards allowed in the Medium Density Residential zoning district. For the Community Commercial, Service Commercial, Highway/Tourist Commercial, and Professional Office zoning districts, senior housing will be developed consistent with the development and performance standards allowed for the High Density Residential zoning district. Affordable Housing Affordable housing is also permitted by -right in the Professional Office zoning district. There are various types of income levels when defining affordable housing: Low- or Moderate -Income Household: Persons or families whose income does not exceed 120% of area median income (AMI), adjusted annually for family size. Lower -Income Household: Persons or families whose income does not exceed 80% of AMI, adjusted annually for family size. Very Low -Income Household: Persons or families whose income does not exceed 50% of AMI, adjusted annually for family size. Extremely Low -Income Household: Persons or families whose income does not exceed 30% of AMI, adjusted annually for family size. Affordable Housing Project Incentives The 2008-2014 Housing Element previously identified the 20% Low and Moderate Income Housing Set -Aside provisions as a source for affordable housing project incentives. However, per AB X1 26, the Temecula Redevelopment Agency was dissolved on June 27, 2011. C. 11 Y 0 I T F \1 F C Ll L A L F\ F R \ L. P L \\ H-51 The City of Temecula formed the Successor Agency to the Temecula Redevelopment Agency in order to wind down the obligations of the former Temecula Redevelopment Agency. The Successor Agency is to retain all funds necessary to carry out all agency obligations that existed prior to the legislation effective date. All excess agency funds (if any) will be remitted to the County Auditor -Controller for redistribution to selected taxing entities. This dissolution action eliminated the funding mechanism by which the Redevelopment Agency funded affordable housing and infrastructure development. There will be no future funds available for affordable housing or infrastructure via the former Redevelopment Agency or the Successor Agency. Currently, there are two basic sources of law governing affordable housing project incentives within the City: (1) density bonus law; and (2) Temecula Municipal Code Section 17.10, relating to affordable housing as a permitted use in the Professional Office zone. ► Density Bonus and Incentive Law The state density bonus statutes require the City to grant a density bonus and incentives or concessions to a developer who agrees to construct or donate land for affordable housing. Density bonuses are allowed as per regulations in Temecula Municipal Code Section 17.06.050. Table H-29 below lists the thresholds in which the State decides if a project can be deemed all or partly affordable housing. TABLE H-29 HOUSING QUALIFYING FOR DENSITY BONUS Type of Qualifying Housing Required Percentage of Unit Lower Income nn `fiery Low Income Senior Citizen Housing Development "Doderate-Income Condominium or Planned evelopment 10% of proposed units 5% of proposed units Any senior housing development 10% of proposed units 11 Once a project has been deemed a partly or fully affordable housing project, the applicant may be allowed to develop additional density. The City must calculate the extra density to which an applicant is entitled. The density bonus law not only uses a base percentage of the project (listed below), but a sliding scale allows for greater density bonuses when an applicant includes more than the minimum qualifying percentage of affordable units. To qualify for a density bonus through donation of land, the applicant must propose a F \I F. C U 1. A G E\ E It AL P L A\ 1-1-52 tentative tract map, parcel map, or other residential development project. The donor of land meeting the specified criteria is entitled to a base 15% density bonus, with a sliding scale increase of 1% and an additional increase of 1% for each unit in the total number of affordable units entitled on the donated land in excess of the 10% qualifying percentage. Listed below are the base and sliding scale bonuses (see Table H-30).] TABLE H-30 DENSITY BONUSES ALLOWED Type of Qualifying Housing Base Density Bonus Sliding Scale Density Bonus Lower Income 20% increase in the number of units, unless a lesser percentage is requested by the applicant Very Low Income Senior Citizen Housing Development Moderate -Income Condominium or Planned Development 20% increase in the number of units, unless a lesser percentage is requested by the applicant 20% increase in the number of units, unless a lesser percentage is requested by the applicant 5% increase in the number of units, unless a lesser percentage is requested by the applicant Percentage of Affordable Units 1.5% increase in density bonus for each 1% increase in lower-income affordable units to a maximum density bonus of 35% of proposed units 2.5% increase in density bonus for each 1% increase in very low- income affordable units up to a maximum density bonus of 35% of proposed units No sliding scale increase 1% increase in density bonus for each 1% increase in moderate income affordable units up to a maximum density bonus of 35% of proposed units. Number of Incentives or Concessions 10% Lower Income or 5% Very Low Income or 10% Moderate Income (condo/planned development) 20% Lower Income or 10% Very Low Income or 20% Moderate Income (condo/planned development) 30% Lower Income or 15% Very Low Income or 30% Moderate Income (condo/planned development) 1 2 3 In addition to the density bonuses described above, the applicant may request specific incentives or concessions. Provided that the agency cannot make findings sufficient to deny requested incentives or concessions, as provided by Government Code Section 65915(d), incentives or concessions must be granted if requested by the applicant. The potential concessions include: • An increase in the amount of required lot coverage; • A modification to the setback or required yard provisions; • An increase in the maximum allowable building height; • A reduction in the amount of required on-site parking; l L 1 0 1 [ F \ILL Ll L \ I-1-53 G L. \ [ R .\ L 1' L • A reduction in the amount of on-site landscaping, except that no reduction in on-site recreational amenities may be approved unless the affordable housing is in close proximity with easy access to a public park with recreational amenities; • A reduction in the minimum lot area; or • Approval of an affordable housing project in the PO zone. An applicant who receives a density bonus and/or other concessions or incentives must agree to ensure the continued affordability of all low- and very low-income density bonus units for at least 30 years, unless a longer period of time is required. The minimum length of the affordability covenant will depend upon whether the City grants any additional concessions or incentives on top of the density bonus as well as whether any City Housing Fund moneys were also used for the project. ► Temecula Municipal Code — Section 17.08.030; affordable housing allowed in Professional Office ones: Affordable housing is permitted within the Professional Office zone. These units should be spread throughout the site and include various types of housing sizes. Since the last update, the City has approved four affordable housing projects, all under covenant for 55 years to accommodate lower income households. The Warehouse at Creekside project secured 32 units, the Summerhouse project secured 110 units, the Portola Terrace project secured 44 units, and the Front Street Plaza project secured 23 units. The 209 units are available to a range of very -low, low, and moderate income levels. Efficiency Unit Housing: Efficiency unit housing offers one opportunity for low-cost housing that is specifically designed to meet some of the varying needs of several special needs groups. Efficiency unit housing provides viable housing alternatives for individuals in these special needs groups. The Temecula Municipal Code allows efficiency unit housing in the Medium (M) and High (H) density residential zoning districts and conditionally permits them in the Community Commercial and Professional Office zones. Congregate Care: Congregate care facilities are not limited specifically to density requirements as long as all of the development standards for the zoning district are met. Congregate care facilities are allowed in the Low -Density Residential, Low Medium Density Residential, Medium Density Residential, High Density Residential, Neighborhood Commercial, Community Commercial, Highway/ Tourist Commercial, Service Commercial, and Professional Office zoning districts. T E N 1 r C G E N E R v r f E v I H4 1 1 1 In Temecula, congregate care facilities include facilities for seniors and the disabled in accordance with Health and Safety Code Section 50062.5, which requires facilities that are "planned, designed, and managed to include facilities and common space that allow for direct services and support services that maximize the residents' potential for independent living and which is occupied by elderly or handicapped persons or households, as defined in Sections 50067 and 50072. Direct services and support services which ate provided or made available shall relate to the nutritional, social, recreational, housekeeping, and personal needs of the residents and shall be provided or made available at a level necessary to assist the residents to function independently." Second Units: The City of Temecula allows second units in all of the residential districts where a detached single-family unit exists and the owner occupies either the primary or secondary unit. Second units cannot be sold but may be rented. The second unit must be compatible with the design of the primary dwelling unit and meet the size and parking requirements identified in the Development Code. An application for a second dwelling unit must be completed and submitted to the Planning Department. See the Housing Element section on housing resources for additional information on second dwelling units. Transitional and Supportive Housing: Transitional and supportive housing is provided to socially support individuals and provide basic life skills and is coupled with social services such as job training, alcohol and drug abuse programs, and case management. The Temecula Municipal Code allows transitional and supportive housing in all residential areas within the City. Transitional and supportive housing are permitted by right in Medium and High Density Residential and require a conditional use permit in all other residential zones. Transitional and supportive housing are also allowed in the Community Commercial and Professional Office zoning districts with a conditional use permit. Emergency Shelters/Homeless Housing: The City facilitates the development of emergency shelters by permitting the development of such facilities in the Medium and High Density Residential districts by right without a conditional use permit or other discretionary action. These uses are also permitted in other residential districts with a conditional use permit. Emergency shelters are also permitted with a conditional use permit in the Neighborhood Commercial, Community Commercial, Highway/Tourist Commercial, Service Commercial, Professional office, Business Park, and Light Industrial zoning districts. 0 1 1 1 \I F c U 1, A C L: A E K \ L 1-1-55 C 1 1 Housing for Persons with Disabilities: The City provides housing opportunities for disabled persons through the provision of affordable, barrier -free housing. The requirements for accessibility in the California Building Code and the Temecula Municipal Code ensure reasonable accommodation and compliance with accessibility requirements and are provided in all projects within Temecula. Residential care facilities (group homes) for six or fewer residents are permitted in all residential zoning districts. The development of residential care facilities for seven or more residents is permitted in the High Density Residential zoning district by right, without a conditional permit, or other discretionary action. Facilities for seven or more residents are also permitted in all other residential zoning districts with a conditional use permit The maximum densities for residential care facilities are not limited specifically to density requirements so long as the project complies with all development standards of Title 24 of the California Code of Regulations and the Temecula Municipal Code. The City does not restrict occupancy of unrelated individuals in group homes, and Section 17.34.010 of the Zoning Code defines "family" as 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 and 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. The City permits housing for special needs groups, including for individuals with disabilities, without regard to distances between such uses or the number of uses in any part of the City. The City allows some variation from the application of its parking standards. Section 17.24.040 of the Zoning Ordinance would allow, for example, the reduction of parking spaces for a unique use such as a senior housing project or other special needs. Currently, Temecula has two group homes for teenagers with a total capacity of 18 persons. In addition, two residential facilities in the City offer housing for up to approximately 14 developmentally disabled persons. Although, cities retain land use jurisdiction regarding these homes, the State Fire Marshal ensures the safety of group homes with seven or more residents. The City of Temecula contracts with the State Fire Marshal through the California Department of Forestry and Fire Protection (Cal Fire) in conjunction with the Riverside County Fire Department. The Building and Safety Division has developed a positive working relationship with the County Fire Department that ensures that any improvements and/or maintenance for group homes are handled through the City's normal concurrent review process. 0 [ I I \1 L C LJ [. A (i [ \ [ R [ I' L \ H-56 It has been a departmental philosophy to provide complete direction for applicants, as well as looking for solutions when problems or barriers present themselves on a project. Because of this, in the past the City has had success finding reasonable solutions to noncompliant code issues with successful end results. In June 2011, the City adopted a formalized Reasonable Accommodation Ordinance to address and remove governmental constraints to housing for persons with disabilities. The City's site planning requirements and assistance programs reduce housing constraints for persons with disabilities by providing necessary regulations for a variety of disabilities and housing conditions. The City does not impose special permit procedures or requirements that could impede the retrofitting of homes for accessibility. Compliance with these development standards ensures reasonable accommodation is provided for all new projects. The City will continue to implement the existing requirements as well as continue to implement its formalized reasonable accommodation processes for individual homeowners requesting exceptions to development standards to accommodate a specific disability. In addition, retrofit assistance for persons with disabilities may be available through a future Residential Rehabilitation Program for lower income families as listed in the City's Five -Year Consolidated Plan. 4. Development and Planning Fees The cost of development is a constraint to the implementation of affordable housing projects. Typically, the cost of developing raw land is significantly increased by the various regulations and fees local governments impose on developers. The City of Temecula charges various fees and assessments to cover the cost of processing permits and providing certain services and utilities. Table H-31 summarizes that City's planning fee requirements for residential development, while Table H-32 depicts the City's development impact fees for residential development. The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) mitigation fee was established in order to implement the goals and objectives of the MSHCP (see page H-67 for additional description of the MSHCP) and to mitigate the impacts caused by new developments in western Riverside County. The fee is part of the mitigation fees for species protection required under the MSHCP. The collection of the fees supplements the financing for the acquisition of lands supporting species covered by the MSHCP and to cover new development's share of this cost. Developments where the T' O F I [ \1 L C U L \ Cr I. A L R \ L I' [ -\\ 11-57 MSHCP fee applies have the same fee structure throughout the MSHCP plan area. Nearly all of the vacant developable parcels located west of I-15 in western Temecula are within the MSHCP criteria cell and core linkage areas, as are all parcels located in the southwestern corner of the City. Additional vacant developable parcels in the northeast corner of the City are also located in the MSHCP criteria cell and core linkage areas. Few underutilized residential properties are located in the MSHCP criteria cell and core linkage areas. If a site is located in a criteria cell, a HANS application must be completed and submitted to the City along with a $1,500 check made payable to Western Riverside Conservation Authority (RCA). The check and one copy of the application are mailed to the County for review and determination of any site inclusion for the MSHCP conservation area. It is estimated that the total development fees are $10,323 for a single-family unit and $8,436 for a multi -family unit. These fees are similar to other fees in the region. Comparing the cost of one jurisdiction's development and planning fees to another is difficult since each jurisdiction calculates and applies its fee schedule in its own unique way. While no recent studies available to the general public have been completed in Riverside County to compare the fees charged by various jurisdictions, a recent trend used by other jurisdictions is to assess a deposit that varies per application type, and then charge an hourly "fully burdened" rate to recover costs. The City of Temecula assesses a fixed rate for each application type, based on the average hours of staff time required to process each application. This fee schedule is adjusted annually based on the consumer price index for the greater Los Angeles Metropolitan area. Table H-31 reflects the fee schedule for the 2012-2013 fiscal year. L I l l 0 F T E \I E C Ll 1. A C, E\ I R \ L I' L .A F -I-58 TABLE H-31 PLANNING FEE SCHEDULE* Project Type City of Temecula Fee Department of Environmental Health Fee Planning and Zoning Conditional Use Permit - No Site Changes 1,2.3.4 $3,368 $234 Conditional Use Permit - with a Development PIan1'2.3.4 $1,072 N/A Development Agreement $54,192 N/A Development Agreement - Major Modification -12'3'4 $12,415 N/A Development Agreement - Minor Modification1'234 $3,548 N/A DIF Credit or Reduction $906 N/A Development Plan - Less than 10,000 sf 1,2.3.4 $8,102 $136 Development Plan - 10,000 sf to 100,000 sf 1,23.4 $11,005 $136 Development Plan - Over 100,000 sf 12,3.4 $13,238 $136 Development Plan or Conditional Use Permit - Major Modification 1,2.3,4 $6,221 N/A Development Plan or Conditional Use Permit- Minor Modification 1.234 $2,692 N/A Development Plan or Conditional Use Permit- Minor Modification 1.2.3.4 $166 N/A (Planning Review Only) General Plan Amendment/Zoning Map Amendment - Text or Exhibit 1.23.4 $7,646 $59 General Plan Amendment/Zoning Map Amendment - Official Zoning Map $5,992 $59 and Land Map 1,2,3,4 General Plan Amendment/Zoning Map Amendment - Official Zoning Map or $4,125 $59 Land Map 1,2,3.4 Second Dwelling Unit Permit $768 N/A Variancel'2.3'4 $3,896 $120 Minor Exception 1.23.4 $4522 N/A Minor Exception (individual homeowner) $130 N/A Specific Plan - New 123.4 $85,859 $197 Specific Plan Amendment - Major $34,077 $61 Specific Plan Amendment- Minor $11,899 $61 Planned Development Overlay 1.23.4 $31,589 N/A Subdivisions Certificate of Land Division Compliance (fee per parcel)1.2.3.4 $1,314 $138 Common Interest Development Conversion 1.2.3,4 $4,549 N/A Lot Line Adjustment $1,328 N/A Merger of Contiguous Parcels $1,992 N/A Minor Change (to approved Tentative Map) $2,083 N/A Parcel Map - Tentative (Residential) w/Waiver of Final Map1.23 $3,234 $389 Parcel Map - Tentative (Residential) Standard 1.2.3 $4,038 $675 Parcel Map -Tentative (Vesting)1'2,3 $3,539 $424 Parcel Map - Tentative (Revised)1'2,3 $3,518 $203 Condominium Map1,2,3 $11,795 $538 Tract Map - Standard 5-34 lots/units1'23 $10,600 $203 Tract Map - Standard 35-75 lots/units1'2'3 $11,991 $203 Tract Map - Standard 76-165 lots/units1'2'3 $13,740 $203 Tract Map - Standard 166+ lots/unitsl•2'3 $15,364 $203 Tract Map - Standard - Revised Map1.2'3 $6,003 $203 Tract Map - Vesting 5-34 lots/unitsl•z3 $13,602 $424 TABLE H-31 PLANNING FEE SCHEDULE* Project Type City of Temecula Fee Department of Environmental Health Fee Tract Map — Vesting 35-75 lots/units'•z'3 $15,105 $424 Tract Map — Vesting 76-165 lots/units'" $16,937 $424 Tract Map — Vesting 166 lots/units'•z•3 $18,376 $424 Tract Map — Vesting — Revised Map'" $8,450 $424 Phasing Plan for Tentative Map — Sewered $3,595 $57 Phasing Plan for Tentative Map — Subsurface Disposal $3,595 $138 Residential Tract Product Review1.4 $10,400 N/A Reversion to Acreage $765 $72 Miscellaneous Charges Certificate of Historic Appropriateness'•2,a4 $423 N/A Substantial Conformance $6,345 $61 Extension of Time with Public Hearing1•43.4 $2,824 $63 Extension of Time without Public Hearing1•2•3.4 $1,432 $63 Extension of Time — Subdivision Ordinance1.2.3.4 $3,542 $63 *SOURCE: Temecula User Fee Schedule (2012-2013); updated annually each July 1. 1. Add CEQA Fee of $268 for environmental determination. If environmental determination is not exempt from CEQA, add $4,572 for Negative Declaration without Mitigation, or $6,249 for Negative Declaration with Mitigation. If EIR is required, add $49,246 for City - managed EIR or $72,613 for applicant -managed EIR. 2. Add UC Regents Fee of $60 (if required) — not applicable to duplicate applications 3. Add Traffic Study Fee (if required) of $2,477 (major) or $619 (minor) 4. Add DRC Landscape Fee of $250 (if new/modified landscaping is proposed) and DRC Architectural Review Fee of $.05 per building square foot (if new/modified architecture is proposed) 5. $528 to Environmental Health if Sewered; $424 to Environmental Health if Subsurface Disposal L_ 17 Y F F I \.l E C LI L \ G E\ E R A L P L\ N F I-60 TABLE H-32 DEVELOPMENT IMPACT FEES FOR THE CITY OF TEMECULA Development Fee Land Use (Fee/Unit) Residential Attached Street System Improvements Traffic Signals and Traffic Control Systems Corporate Facilities Police Facilities Fire Protection Facilities Parks and Recreational Improvements Open Space & Trails Development Libraries Total Transportation Uniform Mitigation Fee Single Family Multi -Family Stephen' Kangaroo Rat Plan Fee (K -RAT) Lot greater than 1/2 gross acre — per dwelling unit All other Residential — per gross acre Multispecies Habitat Conservation Plan Fee (MSHCP) Residential Less than 8.0 DU Residential Between 8.1 and 14.0 DU Residential Greater than 14.1 DU Art in Public Places Residential — Single/Multi — Family Quimby — In -Lieu Fee $310,000 per acre Single Family residential (Detached Garage) Single family Attached (Attached Garage) Multi -Family Attached (2-4 Units) Multi -Family Attached (5 or More Units) Mobile Homes School Developer Fees Residential without Mitigation Agreement Residential with Mitigation Agreement SOURCE: City of Temecula 2012. $1,228.15 $182.33 $267.69 $470.49 $293.08 $2,175.86 $634.21 $579.54 $5,891.35 $8,873 $6,231 $250$500 $1,938 $1,241 $1,008 1/10 of 1% of project cost in excess of $100,000 3.12 Avg. Density/DU 2.85 Avg. Density/DU 2.48 Avg. Density/DU 2.43 Avg. Density/DU 2.00 Avg. Density/DU $3.20/Sq. Ft Rate Varies per Mitigation t N I ki C Ll L A H -6I Residential Detached $1,840.21 $260.49 $499.26 $265.93 $631.59 $3,037.14 $885.25 $808.93 $8,228.80 C, L PL A Table H-33 provides the ratio of typical development cost to fees per unit for single and multi -family developments in Temecula. TABLE H-33 TOTAL PROCESSING AND IMPACT FEES FOR TYPICAL SINGLE- AND MULTI -FAMILY UNITS Housing Type Total Fees Estimated Development Estimated Proportion of Fees to Cost per Unit Development Costs per Unit Single Family Unit $10,232 $230,000 4.5 % Multi -Family Unit $8,436 $140,000 6 % SOURCE: City of Temecula, 2013. www.building-cost.net, 2013. 5. Building Codes and Enforcement Staffing and Process As Building and Safety and Code Enforcement are under the same department supervision, the exchange of information between Building and Code Enforcement staff members is excellent. Enforcement items are a regularly occurring weekly meeting topic during Building and Safety weekly staff meetings. The Code Enforcement Division consists of three permanent officers. Each officer has an assigned geographic area of the City and is very familiar with problematic properties. Each officer regularly patrols their area to ensure that any prior complaints have been resolved and that they have responded to any new complaints. The department is complaint -driven, which means that officers respond to complaints as they come in to the City. In addition, the officers make every effort to be proactive in their assigned geographic areas. Several of the code enforcement officers have received training in dealing with housing issues and are able to respond with building inspectors to calls on substandard housing. Building Codes The City of Temecula has adopted the 2010 California Building Code, which includes specific guidelines on historical buildings, existing buildings, green building, electrical, mechanical, plumbing, and administrative codes. Upon adoption of the 2010 California Building Codes, the Building and Safety Department made minor modifications to some code sections based on unique topographical, geographical, or climatic reasons as is allowed by the California Building Standards Commission and Title 24 of the California Code of Regulations. The majority of the 39 amendments were to the administrative areas of the codes. Other code modifications included: F [ E 11 L C U L \ G F\ I R L f L .A \ H -h 1. Establishment of size requirements for commercial and industrial building address numbers. 2. Clarification to require a minimum Class C roofing material in the Temecula Old Town District. 3. Increase in the height of swimming pool barriers to a minimum of 60 inches. 4. Prohibition of the use of horizontal flex ducting in rooms that produce steam. 5. Prohibition of aluminum conductors smaller than #6 A.W.G. 6. Requirement of electrical conductors to be placed at a minimum of 6 inches below slab within commercial buildings. 7. Prohibition of non-metallic sheathed cable (Romex) in commercial applications regardless of mixed-use occupancy. 8. Requirement of a 24-hour graph test for gas systems with 2 inch or larger piping. This collection of codes is considered to be the minimum necessary to protect the public health, safety, and welfare. The City is responsible for enforcement of all the model codes. Further, the requirements for accessibility in the California Building Code will ensure that reasonable accommodation and compliance with accessibility requirements are provided in all projects within Temecula. As the housing stock in Temecula is relatively new (only about 9% of the housing stock in Temecula is older than 30 years), there have not been many opportunities for increased energy conservation through retrofits of older homes. However, by adopting the most current version of the Energy Codes, the existing housing stock has the opportunity to increase energy efficiency through remodels and appliance upgrades. The City has endorsed the California Green Building Program but has not formally adopted any green building program. As a high growth community, the City of Temecula has the opportunity to save significant amounts of energy by adopting stricter codes for new development. Namely, the California Green Building Code, commonly known as CALGreen, has two model codes, called tiers, which increase energy efficiency beyond the standard. By adopting Tier 1 or Tier 2 CALGreen building standards, the City can assume that new development is using energy efficiently. Overall, the housing stock is in excellent condition. The City's Code Enforcement program is complaint -based and will not constrain the L I T lOF T E \I E C Ll L V G L\ E R \ L H-63 1' L \ \ development or preservation of housing. When housing code violations are cited for units occupied by low- and moderate -income households, the Code Enforcement staff may offer information regarding rehabilitation programs. 6. Local Processing and Permit Procedures The evaluation and review process required by City procedures contributes to the cost of housing in that the holding costs incurred by developers during the review period are ultimately manifested in the unit's selling price. All discretionary development projects that involve new construction but are less than 10,000 square feet are subject to a Planning Director's hearing. The hearing is a publicly noticed hearing that permits the Planning Director to be the decision - maker on relatively minor applications. The Temecula Municipal Code contains findings that must be made for project approval. If the project meets the required fmdings, the project cannot be denied by the Planning Director. Development applications for projects greater than 10,000 square feet are subject to a Planning Commission hearing. The Planning Commission hearing is a publicly noticed hearing and the Commission may be the decision -maker for such applications provided there is no legislative action associated with the development application, such as a zone change or a General Plan amendment. The Planning Commission may also serve as an appeal board for the Director's hearing decisions. The Temecula Municipal Code contains findings that must be made for project approval. If the project meets the required findings, the project cannot be denied by the Planning Commission. Required fmdings for approval of a conditional use permit are as follows: 1. The proposed conditional use is consistent with the General Plan and the development code. 2. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. 3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. Lir 1 01' 1 E \ I L C U E V G E\ L R\ E P E \\ 1-1-64 4. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. 5. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Required findings for approval of a development plan are as follows: 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The City Council hearing is a noticed public hearing for development applications that require a legislative action. The City Council may also serve as an appeal board for decisions made by the Manning Commission. The Temecula Municipal Code contains findings that must be made for project approval. If the project meets the required findings, the project cannot be denied. The City Council is the final decision -maker on all appeal actions. Mixed-use projects may be subject to any of the above types of public hearings, but are unlikely to be heard at the Planning Director's hearing because of the size of the project. The processing and permit procedures for mixed-use projects are no different than the processing of any other development application. The General Plan Land Use Element and Housing Element discuss concessions that can be made to accommodate the scale, density, or intensity of such projects. As a result, findings can be made to support consistency with the General Plan. Some minor development applications, such as a Minor Modification of an approved Development Plan, may be approved at the staff level. The average time for such administrative approvals is four to six weeks (see Table H-34). The average time for projects to get to a Planning Director's hearing is eight to ten weeks. Once approval is given, the property owner must submit a grading plan to the Public Works Department and a building plan to the Building and Safety Department. Once approval is given, the property owner must submit the approved plans to the Community Development and Public Works departments to obtain the required permits. F l E' l E C U I \ ([\[I. AL I' L \ I -I-65 The average period for a project to get to the Planning Commission is four to six months. If the project needs to be heard by the City Council, the average time to get to this hearing is 12 to 18 months. TABLE H-34 TYPICAL PROCESSING TIMES FOR SINGLE- AND MULTI -FAMILY UNITS SOURCE: City of Temecula 2013 *Please note: total processing time has increased from the previous planning period due to volume of development. The City has not adopted any special design or environmental review processes that would add additional time to the processing period. However, the City must comply with the California Environmental Quality Act (CEQA) and Riverside County regulations. In 2009, the City produced an environmental review procedures handbook for private development projects. The goal of this handbook is to help guide developers, City staff, and consultants through the environmental and City review process. This handbook is publicly available on the City's website. CEQA applies to all projects that require discretionary approval unless the project is determined to be exempt. A discretionary project is one that requires the exercise of judgment or deliberation by a public agency in determining whether the project will be approved or if a permit will be issued. For example, if a property owner wants to construct a new building or subdivide a property, it would be considered a discretionary project because the City must review the proposal before issuing an approval or permit. CEQA also applies to decisions that could lead to indirect impacts, such as making changes to local codes, policies, and general and specific plans. Usually CEQA does not apply to projects that are only subject to ministerial approval. A ministerial project is one that requires a public official to determine only that the project conforms to applicable zoning and building code requirements and that applicable fees have been paid. Some examples of projects that are generally ministerial L. I T l' \ I E C U l \ G F N E R \ L PL \ I- I-66 Single Family Unit Multi -Family Unit Typical Approval Requirements Grading plan Building plans Building permit Home Product Review Development Plan Development plan 6-9 months Submit for grading/ plan prior to PC approval Receive approval 3-6 months Building plans review 4-6 weeks Condo Map Est. Total Processing Time Ministerial 4-6 weeks Building Permit 1 to 1.5 years* SOURCE: City of Temecula 2013 *Please note: total processing time has increased from the previous planning period due to volume of development. The City has not adopted any special design or environmental review processes that would add additional time to the processing period. However, the City must comply with the California Environmental Quality Act (CEQA) and Riverside County regulations. In 2009, the City produced an environmental review procedures handbook for private development projects. The goal of this handbook is to help guide developers, City staff, and consultants through the environmental and City review process. This handbook is publicly available on the City's website. CEQA applies to all projects that require discretionary approval unless the project is determined to be exempt. A discretionary project is one that requires the exercise of judgment or deliberation by a public agency in determining whether the project will be approved or if a permit will be issued. For example, if a property owner wants to construct a new building or subdivide a property, it would be considered a discretionary project because the City must review the proposal before issuing an approval or permit. CEQA also applies to decisions that could lead to indirect impacts, such as making changes to local codes, policies, and general and specific plans. Usually CEQA does not apply to projects that are only subject to ministerial approval. A ministerial project is one that requires a public official to determine only that the project conforms to applicable zoning and building code requirements and that applicable fees have been paid. Some examples of projects that are generally ministerial L. I T l' \ I E C U l \ G F N E R \ L PL \ I- I-66 include sign permits, roof replacements, interior alterations to residences, and landscaping changes. In addition to the CEQA process, Riverside County has completed a comprehensive planning effort called the Riverside County Integrated Project (RCIP). RCIP integrates three regional planning efforts: the County General Plan, a Community and Environmental Transportation Acceptability Process to determine present and future roadway infrastructure, and the MSHCP to conserve listed and sensitive species and their habitats. The final MSHCP was approved by the County Board of Supervisors on June 17, 2003, and went into effect in March 2004. The MSHCP is a comprehensive, multi -jurisdictional effort that includes the County and 16 cities. Rather than deal with endangered species on a one -by -one basis, this plan focuses on the conservation of 146 species. The MSHCP supports a reserve system of approximately 500,000 acres, of which approximately 347,000 acres are currently in public ownership and 153,000 acres are currently in private ownership. The approved MSHCP contributes to the economic viability of the region by providing landowners, developers, and those who build public infrastructure with more certainty, a streamlined regulatory process, and identified project mitigation. The MSHCP is administered by the Regional Conservation Authority which represents the County and 16 cities which are participants in the plan. The City recently adopted the Old Town Specific Plan and associated form -based code. Development within the Old Town Specific Plan area is subject to the same development review process as developments not covered by the Specific Plan. 7. On- and Off -Site Improvements The Circulation Element of the Temecula General Plan identifies eight different roadway classifications (Table C-2) and cross-sections (Figure C-1) that include minimum dimensions for right-of-way accounting for lane width, center median, bike lane and/or multipurpose trails, curb, gutter, landscaping, and sidewalks. Figure C-2 of the Circulation Element identifies the locations and alignments of each road in Temecula by classification. Applicants for new development applications should consult the Circulation Element to determine the roadway classification fronting the project site and to determine the type of improvements that may be required for the proposed project. The City makes available standard drawings for on- and off-site improvements that establish infrastructure or site requirements that 1 f 1 O F I F\\ E C U I_. A G E\ I R 1. IP L \\ I-67 support new residential development. Typical site improvements for high density development include half -width street improvements for all frontage streets, built to General Plan standards. A typical local street width is 60 feet with 40 feet of pavement (two lanes). In addition, the appropriate level of R -O -W landscaping, 6 -inch curb and gutter, and sidewalk improvements (either curb or parkway adjacent) are required for property frontage. Water, sewer, and drainage facilities are traditionally not under the direct control of the City. The City of Temecula coordinates with several water and sewer districts that directly administer the construction of water and sewer improvements. These improvements, for a high density/affordable housing project, typically require both potable and reclaimed water systems. With respect to flood control and drainage facilities, these on-site improvements are under the direct control of the Riverside County Flood Control. While these improvements are necessary to ensure that new housing meets the City's development goals, the cost of these requirements can represent a significant share of the cost of producing new housing. Site improvement costs include the cost of providing access to the site, clearing the site, and grading the pad area. In the case of a subdivision, such costs may also include major improvements such as building roads and installing sewer, water, and other utilities. As with land costs, several variables affect costs, including site topography and proximity to established roads, sewers, and water lines. Engineering and other technical assistance costs are usually included with site improvements as these services are required to ensure that development is constructed according to established codes and standards. Title 16 (Subdivisions) of the Municipal Code outlines site improvement requirements (Chapter 16.30) for a variety of parcel map division and subdivision scenarios and includes specific requirements for streets, domestic water, fire protection, sewage disposal. These and other site improvement costs are typical of all cities in California and do not impose a significant constraint on the development of housing in Temecula. The City does not impose any unusual requirements as conditions of approval for new development. The City of Temecula requires full -frontage improvements for all approved development projects. The City typically does not make exceptions for frontage improvements because of the need to make connections for existing bike lanes and trails, and to correctly align roadways to avoid bottlenecks at narrower sections. The City may permit the possibility of deferring some improvements on a project - by -project basis. The deferral of improvements may be permitted when the costs of the improvements greatly outweighs the contractor's ability to enter into a reimbursement agreement or when timing of the needed improvements is beyond the control of the L l i Y CF f E\ I I C U L -V G E\ E R L l' L \\ f f-68 applicant, such as improvements to be made by the California Department of Transportation (Caltrans). The City of Temecula recognizes that such requirements can potentially be considered regulatory barriers to affordable housing if the jurisdiction -determined requirements are greater (and hence, more costly) than those necessary to achieve health and safety requirements in the community. However, the cost to design such improvements is dramatically decreased when utilizing the City's standard drawings. C. State Tax Policies and Regulations 1. Article 34 of the California Constitution Article 34 was enacted in 1950. It requires that low rent housing projects developed, constructed, or acquired in any manner by any state or public agency, including cities, receive voter approval through the referendum process. The residents of Temecula have not passed a referendum to allow the City to develop, construct, or acquire affordable housing. While California Health and Safety Code further clarifies the scope and applicability of Article 34 to exclude housing projects that have deed -restrictions on less than 49% of the units or rehabilitation/ reconstruction of housing projects that are currently deed -restricted or occupied by lower-income persons, Article 34 still constitutes an obstacle for local governments to be directly involved in the production of long-term affordable housing. 2. Environmental Protection State regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits). Costs resulting from fees charged by local government and private consultants needed to complete the environmental analysis, and from delays caused by the mandated public review periods, are also added to the cost of housing and passed on to the consumer. However, the presence of these regulations helps preserve the environment and ensure environmental safety to Temecula's residents. In addition, much of the remaining vacant residential land is located within approved specific plan areas for which the required environmental review has already been completed. D. Infrastructure Constraints Another factor adding to the cost of new construction is the cost of providing adequate infrastructure (major and local streets; curbs, gutters, and sidewalks; water and sewer lines; and street lighting), (, I 1 F 1 E \ I E C L1 L G E N E R \ L I' L A' 1 1-69 which is required to be built or installed in new development. In most cases, these improvements are dedicated to the City, which is then responsible for their maintenance. The cost of these facilities is covered by developers and is added to the cost of new housing units, which is eventually passed on to the homebuyer or property owner. In addition, two areas of the City, which are designated for residential uses, are partially developed and do not have sewer service. Development of this land is limited to Very Low Density Residential uses. The majority of the remainder of future residential development within the City will occur in master planned communities or on sites adjacent to existing infrastructure. As a result, future residential development will not be constrained by the lack of sufficient infrastructure in the remainder of the City. The Rancho California Water District (RCWD) is the retail supplier of potable water to Temecula. According to the Growth Management/Public Facilities Element of the General Plan, the RCWD has adequate water supply to meet current demand and is investigating a number of sources to meet long-range demands. Upgrading existing wells, adding new wells, implementing a water recharge program, and increasing the use of reclaimed water are among the major strategies devised by the RCWD. Wastewater facilities in Temecula are provided by the Eastern Municipal Water District (EMWD), which has adequate capacity to meet current treatment demand. By closely working with the RCWD and the EMWD in developing supply options, conservation techniques, including the use of reclaimed water; and development monitoring systems, the City can ensure that development does not outpace the long-term availability of water and the adequacy of wastewater treatment capacity. To comply with Senate Bill 1087, upon adoption the City will immediately forward its adopted Housing Element to its water and wastewater providers so they can grant priority for service allocations to proposed developments that include units affordable to lower- income households. E. Environmental Constraints Temecula is impacted by various environmental hazards that include active fault traces, liquefaction and subsidence, steep slopes, and flooding. These natural hazards constrain residential development by threatening public safety and infrastructure. To protect the health, safety, and welfare of residents in Temecula, the City has adopted regulations that limit development within areas of high risk and/or require design standards that can withstand natural hazards. Other I 1 l L \ I E C U L_ A G L\ E f. P L \\ 1-1-70 environmental constraints include infrastructure constraints. Vacant developable parcels and underutilized parcels with hazard -related constraints are noted by parcel in Appendix B. In some instances, the parcel inventory indicates multiple on-site constraints. This designation was chosen for display purposes to make the table in the appendix easier to read. A complete listing of the environmental constraints would have required use of fonts that may have been too small to be clearly legible. However, parties interested in obtaining more information for specific parcel listings in Appendix B may do so by contacting the City of Temecula Planning Department or by visiting the City's website at www.cityoftemecula.org. The City's Information Systems department maintains an online GIS parcel search that can be used to identify any parcel within Temecula, including known environmental and other on-site constraints. Flood Plain (FP) Overlay District: The City has applied a Flood Plain Overlay District to portions of the City that are threatened by flooding hazards. The overlay district includes design requirements that must be met for new construction and substantial improvement of structures within the district. These design standards have been adopted to reduce the flood hazards threatening people and structures within the overlay district. Development on this property must comply with specific structural design standards that raise the cost of construction. However, this property represents only a fraction of the City's vacant land with Medium Density Residential zoning. The environmental constraints and the associated cost factor impacting this property will not compromise the City's ability to provide adequate sites to accommodate its RHNA. Pursuant to the default density assigned to the City of Temecula through Section 65583.2, affordable housing is expected to be accommodated within areas where density is 30 units per acre by right or more through density bonus provisions. The City's Medium Density Residential zone allows a density of up to 12 units per acre by right and up to 18 units per acre with a density bonus. Medium Density Residential zoned property therefore is not considered suitable for affordable housing. Dam Inundation: Portions of Temecula face inundation if any of the three dams located in areas surrounding Temecula should fail. Lake Skinner Dam is an earthen dam at Skinner Reservoir (also known as Lake Skinner and located approximately 4.5 miles northeast of Temecula). Failure of the Lake Skinner Dam would result in flooding along Tucalota Creek and Benton Road, which is located near the south side of the reservoir, as well as flooding along parts of Santa Gertrudis Creek and Warm Springs Creek. Vail Lake is located over 6.0 miles southeast of Temecula; dam failure would inundate portions of the Pauba and Temecula valleys, including I-15 and an 1 Y 01 1-1-71 \ R \ L I' L . \ \ I I Y adjacent 3 -mile area. Diamond Valley Lake is the largest reservoir in Southern California and is located north of Skinner Reservoir, nearly 6.0 miles northeast of Temecula. Its water is detained by two earthen dams. Failure of the western dam would result in flooding in the northern parts of the City. Several vacant developable parcels located near the western and southern perimeters of the City are at risk of inundation if dams north of the project site were breached. Far fewer vacant underutilized residential properties would be at risk of inundation. 100 -Year and 500 -Year Floodplains: A 100 -year flood has an annual 1% probability of occurring, and a 500 -year flood has an annual 0.2% probability of occurring. The 100 -year floodplain in the City of Temecula forms a "U" along the alignment of the northern, western (west of and adjacent to I-15), and southern perimeters of the City. The 500 -year floodplain is noncontiguous and is generally located in the western and southern areas of the City, adjacent to 100 - year floodplains. The 100 -year floodplain includes several vacant developable parcels near the northern and western perimeters of the City, and the 500 -year floodplain is generally outside of or adjacent to vacant developable parcels in the same area. In general, no underutilized residential parcels are located in the 100 -year floodplain or the 500 -year floodplain. Alquist-Priolo: Temecula is located within a highly active seismic region. Three Alquist-Priolo Special Studies Zones are located in Temecula: Wildomar, Willard, and Wolf Valley. These zones have been delineated by the State Geologist and encompass the area on either side of potentially or recently active fault traces where the potential for surface rupture exists. The Wildomar fault is the predominant fault in the City. This fault trends in a northwest direction and transects the length of the City. The Willard fault is located southwest of the Wildomar fault zone. South of the Willard fault is the Wolf Valley fault zone. Within an Alquist-Priolo earthquake fault zone, habitable structures must maintain a minimum 50 -foot setback distance from the fault trace per state law. The existence of Alquist-Priolo zones in Temecula effectively limits the amount of land and the intensity of development of residential uses adjacent to these zones. However, only a few vacant residential sites designated for Very Low Density Residential use are impacted by these Alquist-Priolo zones. Faults and Fault Zones: The Elsinore and Wildomar faults and their associated fault zones extend through the western side of the City on a northwest -southeast alignment across I-15. Although the Elsinore fault zone is one of the largest in Southern California, it has \1 E C L1 1. \ G L\ I R \ L E I-72 been one of the quietest. The southeastern extension of the Elsinore fault zone, the Laguna Salada fault, ruptured in 1892 in a magnitude 7.0 earthquake, but, as noted in the City's General Plan Public Safety Element, the main trace of the Elsinore fault zone has only seen one historical event greater than magnitude 5.2. In 1920, a magnitude 6.0 earthquake near Temescal Valley produced no known surface rupture. Other faults that surround Temecula include the San Andreas, San Jacinto, San Gabriel, Newport -Inglewood, and San Clemente Island faults. The Elsinore fault and fault zones extend through several vacant developable land parcels, as well as through a large underutilized residential parcel. Liquefaction: Liquefaction can occur as a secondary effect of seismic shaking during an earthquake or another event significant enough to cause equivalent pressure on the susceptible soils, like a dam failure and inundation. Liquefaction is unlikely to occur unless the earthquake is large with multiple shaking cycles. Liquefaction occurs in areas of saturated, loose, fine- to medium -grained soils where the water table is 50 feet or less below the ground surface. Seismic shaking temporarily eliminates the grain -to -grain support normally provided by the sediment grains. The waters between the grains assume the weight of the overlying material and the sudden increase in pore water pressure results in the soil losing its friction properties. The saturated material (with the frictionless properties of a liquid) will fail to support overlying structures. Liquefaction -related effects include loss of bearing strength, ground oscillations, lateral spreading, and slumping. In Temecula, liquefaction zones generally align with areas in the City subject to 100 -year and 500 -year floods and the areas subject to inundation if a nearby dam is breached. The liquefaction zones are, however, more far-reaching. Although only a few underutilized residential properties are located in areas subject to liquefaction, many vacant and developed properties are located within or immediately adjacent to areas subject to liquefaction. Liquefaction and other seismic -related issues are addressed by the state Universal Building Code (UBC). The UBC requirements for construction in liquefaction zones are not significantly more costly than standard California construction standards and will not compromise the City's ability to provide adequate sites to accommodate its RHNA. In addition, the City analyzes and mitigates for liquefaction constraints when applicable. High Fire Area: High Fire Zones encroach at the City's western and southern boundaries, encompassing or partially encompassing several I T 1 01 T E \I E C LIL \ C; E\ L R \ L IP L .A \ H-73 large vacant developable parcels, a maximum of two small underutilized residential parcels. Hazardous Waste Sites: Small hazardous waste sites are located along and near the west side of I-15. These sites encompass small portions of vacant developable land and are near several vacant developable parcels. None of underutilized residential properties are located on or near hazardous waste sites. Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP): Encompassing the western one-third of Riverside County and approximately 1.26 million acres, the Western Riverside County MSHCP is a comprehensive, multi - jurisdictional habitat conservation plan (HCP) designed to conserve species and their habitats. The goal is to maintain biological and ecological diversity within an increasingly urbanized area. The MSHCP includes areas in northern, western, and southern Temecula. Nearly all of the vacant developable parcels located west of I-15 in western Temecula are within the MSHCP criteria cell and core linkage areas, as are all parcels located in the southwestern corner of the City. Additional vacant developable parcels in the northeast corner of the City are also located in the MSHCP criteria cell and core linkage areas. Few underutilized residential properties are located in the MSHCP criteria cell and core linkage areas. Riparian Areas: Riparian areas are locales that relate to the bank of a stream, river, or lake. In Temecula, riparian areas encompass southern cottonwood -willow riparian and riparian scrub communities. These communities are limited to an area west of I-15 and an area in the southeast corner of the City. No vacant developable land or underutilized parcels are located in riparian areas. Although a few vacant developable parcels are located immediately adjacent to a riparian area, no underutilized parcels are located in or near a riparian area. Archaeological, Historic, and Native American Cultural Resources: Temecula has a rich history with many Native American Traditional Cultural Properties, villages and resources, places where significant events occurred, both historically and pre -historically, and historic buildings and locales identified within and surrounding its boundaries. While a large majority of these historic and pre -historic and resources have been formally recorded, there are still properties that contain buried cultural and archaeological resources and unrecorded structures. Because of the confidentiality of these resources, especially archaeological and Native American sites, the city will follow State law requirements with regards to analysis of these resources and consultation with local tribes. I f Y F T E C u L v G E v E R \L f EA v H-74 IV. HOUSING RESOURCES A. Regional Housing Need 1. Temecula's Regional Housing Need The City of Temecula falls under the jurisdiction of the Southern California Association of Governments (SCAG). SCAG is responsible for developing a Regional Housing Needs Plan (RHNP) allocating the region's share of the statewide housing needs to lower - level councils of governments, which then allocate the needs to cities and counties in the region. The Regional Housing Need Allocation (RHNA) is a minimum projection of additional housing units needed to accommodate projected household growth of all income levels by the end of the Housing Element's statutory planning period. Table H-35 shows the breakdown of the 1,493 units in Temecula's RHNA into the required income categories. TABLE H-35 REGIONAL HOUSING NEED ALLOCATION, 2014-2021 Income Category Allocation Extremely Low 187 12.6% Very Low 188 12.6% Low 251 17.2% Moderate 271 18.2% Above Moderate 596 39.4% Total 1,493 100.0% Percentage SOURCE: SCAG RHNP, 2012 2. Unaccommodated Need In the 4th cycle Housing Element update, the City included Program 1 committing the City to creating the Urban Density Overlay to address the City's identified shortfall of 1,381 units for lower-income households. However, Program 1 was not implemented and as a result, Temecula has an unaccommodated need of 1,381 units for lower-income households from the previous planning period and must identify or rezone sufficient sites to address this need within the first year of the new planning period. This requirement is in addition to the requirement to identify other specific sites to accommodate the RHNA for the 5th planning period. L l Y c I -I I \1 E c u I. -\ G E\ F R \ L 1' L \ 1-1-75 B. Sites for Housing Development An important component of the Temecula Housing Element is the identification of sites for future housing development. Equally important is an evaluation of the adequacy of this site inventory in accommodating the City's share of regional housing growth as determined by WRCOG. 1. Vacant Residential Sites As part of this Housing Element update, the City conducted a parcel - by -parcel analysis of vacant residential sites for land outside of approved specific plans, based on data obtained from the City's geographic information system (GIS). The vacant land inventory for the City of Temecula, including an estimated development capacity for the vacant parcels, can be found in Appendix B of the Housing Element. Table H-37 summarizes the available housing unit capacity based on vacant residential sites located outside of approved specific plan areas. Residential capacity for each vacant parcel is based on the current zoning for each parcel. Each parcel is assumed to develop at 75% of its maximum capacity, which allows for setbacks, landscaping, right-of-way dedications, and other nonresidential uses. See Figure H-3 for a map of these sites. The Housing Element includes Program 1 which will establish an Affordable Housing Overlay (AHO). The AHO will allow for an increase in density in the High, Medium, and Low Medium Residential zoning designations if the development is affordable housing. The affordable overlay allows densities to be increased in High Density Residential zones to 30 units per acre. Development capacity within the High Density Residential zone will allow for densities consistent with default densities of state housing element law and will therefore be appropriate to accommodate a portion of the City's lower income RHNA. C I f 1' E T E \I E C U L V (1 E\ E R A 1 i-76 �' L \ TABLE H-36 VACANT RESIDENTIAL LAND OUTSIDE SPECIFIC PLAN AREAS General Plan Designation Density Range Vacant Acreage Dwelling Units* High 13.0-20.0 ** 8.86 199 Medium 7.0-12.9 94.14 847 Low Medium 3.0-6.9 70.28 316 Low 0.5-2.9 80.21 120 Very Low 0.2-0.4 479 144 Total 732.68 1,626 * Dwelling unit calculation is based on assumptions contained in Appendix B. ** If Affordable Housing is developed on these sites, the maximum density increases from 20 DU/Ac to 30 DU/Ac. Please note: while many of the sites included in the inventory (appendix B) allow for an increased density with the affordable housing overlay applied, the City has not applied these overlays to all sites because the additional capacity was not needed for the City to meet its RHNA. SOURCE: City of Temecula, February 2012 2. Vacant Commercial and Planned Development Overlay Sites Several commercial zoning districts throughout the City of Temecula permit residential uses. The City's vacant land use survey identified all such vacant parcels and the realistic residential development capacity for each parcel if developed with residential uses. Table H-38 summarizes the residential development potential within currently vacant commercial parcels. The data in this table assumes a density of 30 units per acre to 2 units per acre, depending on the General Plan designation. The overlay will be applied to Professional Office sites through implementation of Program 1 (see Appendix B of the Housing Element for more detail). Senior and affordable housing will be permitted by -right at 30 units to the acre in Professional Office zone. Senior housing will be permitted by -right at 30 units to the acre in Community Commercial and Highway Tourist zones. Each parcel is assumed to develop at 25% of its maximum capacity, which allows for non-residential development, setbacks, landscaping, and right-of- way dedications. L. I T Y OF 1 L \I L C U L. \ (E\[ K L PL \ [-77 TABLE H-37 POTENTIAL RESIDENTIAL DEVELOPMENT ON VACANT COMMERCIAL AND PLANNED DEVELOPMENT OVERYLAY LAND General Plan Designation Maximum Vacant Dwelling Density Acreage Units* Community Commercial 20 DU/Ac** 27.16 157 Highway Tourist Commercial 20 DU/Ac** 38.45 288 Professional Office 20 DU/Ac** 101.55 762 Service Commercial 20 DU/Ac** 53.02 398 Industrial Park 20 DU/Ac** 0.51 30 Public Institutional Facilities 20 DU/Ac** 32.32 242 Medium Density Residential 12 DU/Ac 15.22 137 Neighborhood Commercial 12 DU/Ac 8.89 27 Low Density Residential 2 DU/ac Total 21.77 10 298.89 2,051 * Dwelling unit calculation is based on information contained in Appendix B. **The City has applied the Affordable Housing, Mixed Use , and Senior Housing to these sites, increasing the maximum density from 12 du/acre to 20 du/acre and 20 DU/Ac to 30 DU/Ac. SOURCE: City of Temecula, February 2012 3. Vacant Residential Sites within Specific Plans The City conducted a records search and visual survey using aerial photos and site visits to estimate the remaining residential development capacity by number and type of housing within the approved specific plans. There are four specific plans that have remaining potential for Very High Density Residential development: Paloma Del Sol, Rancho Highlands, Old Town, and areas within Specific Plan 8. Table H-39 summarizes the housing development potential remaining in the specific plan areas. As previously stated, the Housing Element includes Program 1 to establish an overlay which will allow for an increase in density in the High, Medium, and Low Medium Residential designations if the development is affordable housing. This is also available to sites within Specific Plans. In addition, the City offers flexibility on standards for front and rear yard setbacks, building height, lot coverage, open space requirements, parking requirements, and lot size. The State currently requires that approval authority for an affordable housing project also include from one to three concessions to the extent needed to facilitate the development of affordable housing. UL. A G F\ E R 1E, PL \\ H-78 TABLE H-38 REMAINING APPROVED RESIDENTIAL DEVELOPMENT WITHIN EXISTING SPECIFIC PLANS Specific Plan/Land Low Density Low Medi Med. High High Density2 Very High Mixed Comm. that Total Med. Use Designation+ (.4-2 DUTAc) Density Density (8-14 DUTAc) Density2 use Allows for Units (2-5 DUTAc) (5-8 DUTAc) (14-20 DU/Ac) Capacity Res. SP -1 - Roripaugh 0 0 0 0 0 0 60 60 Estates SP -2 - Rancho 0 0 0 0 287 0 68 355 Highlands SP -3 - Margarita 19 57 0 0 0 76 Village SP -4 - Paloma 0 278 0 0 441 0 106 825 Del Sol SP -5 - Old Town 0 0 0 0 144 (20-35 339 577 1,298 du/acre) SP -6 - Campos 0 0 0 0 0 0 0 0 Verdes SP -7 - Temecula 0 0 0 0 0 0 0 0 Regional Center SP -8 - Area 114 78 0 0 192 SP -9 - Red Hawk 3 0 0 129 0 0 0 132 SP -10 - Vail 0 0 0 0 0 0 0 0 Ranch SP -11 - Roripaugh 108 939 122 846 0 0 0 2,015 Ranch SP -12 - Wolf 0 0 0 0 0 0 253 253 Creek SP -13 - 0 0 0 0 0 0 1,640 1,640 Harveston Total 130 1,274 122 1,089 872 339 2,704 6,846 1 Land use categories for specific plans vary from those used in the Development Code. 2 Areas within SP -8 are based on City of Temecula General Plan Land Use. Westside Specific Plan has expired. SOURCE: City of Temecula, February 2013 4. Uptown Jefferson Specific Plan The City prepared a market assessment and evaluation of development potential for the Uptown Jefferson Specific Plan in July 2012. The focus of the market assessment was to evaluate the potential for development of new mixed-use projects in the Uptown Jefferson Specific Plan area. The assessment relied upon readily available third -party demographic and market data sources. The City reviewed both existing and historical market trends to better understand future development potential. As part of the study, the City prepared a 10 -year demand forecast for residential units in the Uptown Jefferson Specific Plan area. The analysis was based on the anticipated growth of multi -family housing units in the Temecula/Murrieta area and applying capture rates to estimate the number of housing units that can be supported in the 11 1 O F 1 F \I E L lI L �\ 1 1-79 Uptown Jefferson Specific Plan area. On this basis, it is anticipated that the Study Area can support a total of 1,368 to 2,280 units through 2022. Housing Types. While the types of housing have not yet been finalized, the goal of the Uptown Jefferson Specific Plan is to encourage urban development in a walkable environment, and easy access to retail, services, and amenities. The study showed that current market trends indicate that high-end rental apartments are the most likely type of residential development in the near term (one to five years). However, plans for the Uptown Jefferson Specific Plan intends to accommodate a variety of housing types, including: • High-density rowhomes/townhomes • Texas "wrap" or podium apartments/condominiums • Both rental and ownership • With or without ground -floor retail uses Mixed Use. The study also stated that the City should work with existing property owners and/or developers to rehabilitate and/or replace existing underutilized commercial developments with viable uses compatible with the district identity. The City assumes that development within the Uptown Jefferson Specific Plan will happen within the next 5 to 10 years and while the City is not relying on this capacity to meet its RHNA, it is assumed it will significantly add to the available capacity. LY F L E \ I E C U L V G L\ E L A \ L 1-80 44 Vacant Developable Land Use Zoning Appendix B ETA R°! yR D E TA HOT SPRvgS RO • IIT L nry o-° ' PR4,EN.Ace MALL 0," YL �'M1,AMtI.� 44PI O....114.411111 Op MTI {N . `TC 1 � \ W Pm �1Y - •-ti.�..i w Map Prepared - November 28, 2012 0 021 OS 5 yaueJNewwog ekmennvewnt develop.61e LU Zoning 2012 mad Figure H-3 Vacant Developable Parcels in the City of Temecula C_ I T Y or F E- \ I E C U L. \ G E\ E R \ L P L \\ I -1-8I 5. Mixed -Use Development As discussed in the Constraints section of this Housing Element, the Temecula Development Code and General Plan also allow housing in some non-residential zoning districts. As an example, the City adopted a Planned Development Overlay (PDO) district for the Temecula Creek Village (PDO -4) project to provide for a mixed-use commercial/residential project. Temecula Creek Village was built on a 32.6 -acre site within the PO zone with 20 acres of residential and 12 acres of commercial uses. A key component of this project was the provision of high density residential apartments with integrated commercial development in the PO zone. As a part of the General Plan update, the City identified three additional areas with mixed-use opportunities. These areas are located within the City boundary and generally surrounding the I-15 corridor, and are characterized either by aging commercial centers, traditional commercial development, or vacant/underutilized land. Specifically, in the area south of Old Town, many lots are currently vacant and present great opportunities for mixed-use development. Such reuse has become popular among developers and residents alike in recent years. The General Plan Community Design Element already recognizes three Mixed -Use Areas that can be used for mixed-use development. These areas include a distressed commercial center on Jefferson Avenue, two struggling commercial centers (Tower Plaza and Temecula Town Center), and another near Old Town. The land inventory included in Appendix B, states whether or not Mixed -Use was applied to specific sites. To the extent that the uses on these sites remain quite viable, there will likely be no redevelopment of these uses in the short term. However, as buildings become vacant the potential for reuse does exist and the City has had discussions with developers about these sites. Given current market conditions, it is difficult to say when, or even if these sites will be redeveloped. The types of mixed-use envisioned for the Mixed -Use Areas are consistent with the village center concept. In some cases, residential units would be added within existing shopping centers and districts. In other cases, existing developments would be replaced with new mixed-use projects. Both multi -family rental apartments and condominiums/town homes are envisioned. To facilitate mixed-use development, the City provides flexible development standards such as an increased height limit and shared parking opportunities. The City has also revised the Zoning Code to establish specific use, height, bulk, parking, landscaping, and other C I 1 1- 1= 1 E C U E\ (1 E\ 1-1-82 guidelines for these areas that would be appropriate for mixed-use development. Mixed Use Project Example The City has several mixed-use project examples located in the Old Town Specific Plan area. In 2004, the City approved two mixed use buildings on Fifth Street, the Cameron Historical building and the Palomar Heritage building. The Cameron Historical building consists of 24 moderate income residential units with multiple commercial uses located on the ground floor. The Palomar Heritage building consists of 22 low and moderate residential units with commercial restaurant uses on the ground floor. During the 2006-2014 Planning Period the City approved two mixed use projects, Front Street Plaza and Warehouse at Creekside. Front Street plaza consists of 23 low and moderate income residential units with commercial on the ground floor. The site for Front Street Plaza is 0.46 acres, giving this project a density of 50 units to the acre. Warehouse at Creekside consists of 32 low and moderate residential units with commercial restaurant space located on the ground floor. The site for Warehouse at Creekside is 0.52 acres, giving this project a density of 61 units to the acre. Because of this recent mixed -used development, the City believes that relying on mixed use to meet a portion of the City's RHNA is appropriate and feasible for the last planning period and is still appropriate for the 2014-2021 planning period. 6. Zoning to Encourage Lower -Income Housing Housing Element law requires jurisdictions to provide a requisite analysis showing that zones identified for lower-income households are sufficient to encourage such development. The law provides two options for preparing the analysis: (1) describe market demand and trends, financial feasibility, and recent development experience; (2) utilize default density standards deemed adequate to meet the appropriate zoning test. The default density standard for the City of Temecula is 30 dwelling units per acre. Under current zoning, the maximum residential density permitted by right in any zone in Temecula is 20 units per acre. Density bonuses may be permitted on a project by project basis to increase the number of units designated for lower income households. In addition, the City will create an Affordable Housing Overlay that will allow for increased density if the project provides affordable housing. Densities are permitted to increase to 30 units per acre when applying the Overlay. The Overlay applies to various residential and I I l 0 f [ E C LI L V G E\ E R .A L f l H-8 '3 commercial zones. The land inventory included in Appendix B, states whether or not these development types are allowed. In addition, to assist in the development of affordable housing, the City has included several programs/actions to facilitate affordable housing development. Program 5 (Land Assemblage and Affordable Housing Development) acquires land, which is then provided to affordable housing developers for the development of housing affordable to lower income households. Program 10 (Development Fee Reimbursement) offers reimbursement of development fees paid by the developers of affordable and senior housing. The City also provides application priority and fast tracking for affordable housing projects. C 1 I E Vi E E_ U L G E\ F R AL 1' L 1--1-84 7. Summary of Vacant Residential Development Potential The City's site inventory demonstrates the availability of adequate sites to address the projected housing growth needs (see Appendix B). Overall, the vacant site inventory yields an estimated development capacity of 9,387 units (once Program 1 has been implemented). Based on these numbers, and as shown in Table H-40, the City is able to meet its 2014-2021 regional housing need of 1,493. TABLE H-39 SUMMARY OF VACANT RESIDENTIAL DEVELOPMENT POTENTIAL Income R5in 4th Res. ound Cycle Site Comm. Site Category RHNA Shortfall Capacity Capacity Total 5th SP Res. Round Capacity Site Capacity Surplus Extremely 187 Low Very Low 188 828 199 766 1,301 2,266 259 Low 251 553 Moderate 271 984 604 3245 4,833 3,848 Above 596 580 29 1,679 2,288 1,708 Moderate Total 1,493 1,381 1,764 1,398 6,225 9,387 5,815 SOURCE: City of Temecula, 2012 Please note: Sites to accommodate the lower income RHNA that do not have a holding capacity of 16 units per site are not included in the unit capacity, but are listed in Appendix B. 8. Analysis of Non -Vacant and Underutilized Land and Property Staff reviewed a list produced by GIS of non -vacant underutili7ed single-family and multi -family projects within City limits. The following discussion represents staff's findings. While the City has capacity on non -vacant underutili7ed land and properties, the City is not relying on these sites to meet its 2014-2021 RHNA. Multi -Family Underutilized multi -family properties are characterized as having been built with less than 50% of total allowable units per the Land Use Policy Map of the General Plan. Using this criteria, staff determined that seven multi -family housing developments are currently underutili7ed. These properties are identified in Figure H-4. Six of the developments were constructed before incorporation. Staff was unable to produce any meaningful data on these six developments since records appear to be missing. L. 11 Y 0 t l E A G I v E. f v L. P L :A v H-85 Laurel Creek (PA98-0171) was the only underutilized multi -family development constructed after incorporation. After reviewing the staff report for this project, staff discovered the site was developed with seven units per acre instead of the maximum permitted density of twelve units per acre. The staff report indicated that the lower density would serve as a good transitional development between the existing detached single family tract developments to the north and east. The staff report also mentioned that the adjacent HOA to the east of the project opposed the originally proposed fourplex product. Single -Family Underutilized single-family properties are characterized as having the potential to be subdivided into three or more parcels. Using this criteria, staff determined that 172 single-family residential properties are currently underutilized. The primary reasons for the underutilization are that these parcels may accommodate a secondary dwelling unit in the future. In addition, the properties may also become subdivided as previously stated. Underutilized properties are identified in Figure H-4. Underutilized Residential Properties/Second Units As part of the Housing Element update, the City conducted a parcel - by -parcel analysis of sites with potential to support a second dwelling unit and/or be subdivided to accommodate additional residences. Underutilized residential properties having the potential to subdivide or construct a second dwelling unit are shown on Figure H-4. (See Appendix C for more information on underutilized parcels within the City and potential constraints.) These properties were selected because the lot is at least two times the minimum lot size for its current zone and the lot configuration could permit a lot split. In addition to development on vacant land, the City recognizes the potential for additional new development of affordable housing in the form of second units. The City has incorporated development standards for second units into its Development Code. The Code allows for second units in all residential zoning districts where there is an existing owner -occupied single-family detached dwelling unit if the following conditions are met: a The unit may be rented, but not sold; • An attached second unit's floor area is no more than 400 square feet, and does not exceed 30% of the floor area of the primary residential unit; C I T LNIECLILN G E\ E R \ L f L\\ H-86 • A detached second unit has a floor area of between 400 and 1,200 square feet; • The application for the second unit is signed by the owner of the parcel and primary residential dwelling unit; • The design of the second unit is compatible with the primary dwelling unit and the surrounding neighborhood; and • There is one covered parking space for each two-bedroom (or smaller) second unit or two covered parking spaces for each three-bedroom (or larger) second unit. CITY OF TEMECULA G E N E R A L PLAN H-87 Underutilized Residential Properties November 28, 2012 A .r.1 7/90 -- lijlwayx Streets on _ Urnldrueli&<I R9eidei,14 Pnverl oe SpKik PlarrS Figure H-4 Underutilized Residential Properties and Potential Second Unit Sites i t E \ I \ G E v E R L, P E v N -I-88 C. Financial Resources 1. Redevelopment Set -Aside Fund Per AB X1 26, the Temecula Redevelopment Agency was dissolved on June 27, 2011. The City of Temecula formed the Successor Agency to the Temecula Redevelopment Agency in order to wind down the obligations of the former Temecula Redevelopment Agency. The Successor Agency is to retain all funds necessary to carry out all agency obligations that existed prior to the legislation effective date. All excess agency funds (if any) will be remitted to the County Auditor -Controller for redistribution to selected taxing entities. This dissolution action eliminated the funding mechanism by which the Redevelopment Agency funded affordable housing and infrastructure development. There will be no future funds available for affordable housing or infrastructure via the former Redevelopment Agency or the Successor Agency. 2. Section 8 The Section 8 Rental Assistance Program extends rental subsidies to very low income families and elderly who spend more than 30% of their income on rent. The subsidy represents the difference between the excess of 30% of the monthly income and the actual rent. Most Section 8 assistance is issued to the recipients as vouchers, which permit tenants to locate their own housing and rent units beyond the federally determined fair market rent in an area, provided the tenants pay the extra rent increment. The Housing Authority of Riverside administers the Section 8 Certificate/Voucher Program for Temecula. As of December 2011, 111 households were leasing in Temecula with the assistance of Section 8 programs. 3. Community Development Block Grant Program (CDBG) Until 2012, the City received its CDBG funding through the County of Riverside. During fiscal year 2007, the County received a CDBG grant award of approximately $10.6 million. Based on a formula that considers population, poverty, and substandard housing, the City is eligible to receive approximately $300,000 annually from the County. These funds must be used to fund public improvements and service activities that aid low- and moderate -income persons. The City has, in the past, used approximately 85% of the CDBG funds for capital projects, such as the Senior Citizen Center Expansion project, and the remaining 15% of the funding is awarded to various public service organizations. C, I 1 1' C L1 1, A C E\ F I. A L I' L i H -S9 In 2012, the City became an entitlement community and its CDBG allocation for FY 2012-13 was $475,558. The City also received approximately $1.1 million of previously programmed CDBG income allocated to the City and administered by the County of Riverside Economic Development Agency (EDA). During the 2012-13 program year, the City allocated its CDBG funds to three public facility projects and six local service providers to assist in the development of decent housing, provide suitable living environments, and expand economic opportunity. Specifically, the City provided $150,000 in CDBG funds to support development of supportive/transitional housing, $1.2 million of CDBG funding was allocated to renovate the Temecula Community Center, and $50,000 to construct a new park play structure at Sam Hicks Park, both which will benefit a low- and moderate -income neighborhood and its residents. Lastly, the City provides CDBG funds to assist in the operations of several social service agencies who work with low- income and special needs residents. The City's Five -Year Strategic Plan for use of the CDBG program funds includes objectives to support the development of a homeless shelter, provide assistance to low-income homeowners for residential improvements, and construct new sidewalks in Old Town to increase accessibility for persons with disabilities. D. Housing Developers The following are housing providers interested in developing and/or preserving affordable housing in the City: • Coachella Valley Housing Coalition 45-701 Monroe Street, Suite G Indio, CA 92201 Telephone: (760) 347-3157 • Habitat for Humanity 41964 Main Street Temecula, CA 92591 Telephone: (909) 693-0460 • Jamboree Housing Corporation 2081 Business Center Drive, Suite 216 Irvine, CA 92612 Telephone: (949) 263-8676 • Affirmed Housing 13520 Evening Creek Drive North, Suite 360 San Diego, CA 92128 Telephone: (858)679-2828 I 1 H \ I L C U L V ( E\ F R A L P L \\ 1 1-90 I T F • The Olson Company 30200 Old Ranch Pkwy, #250 Seal Beach, CA 90740 Telephone: (562) 596-4770 • San Diego Community Housing Corporation 8799 Balboa Avenue, Suite 220 San Diego, CA 92123 Telephone: (858) 571-0444 • D'Alto Partners 41911 5th Street Temecula, CA 92590 Telephone: (951)304-0633 • DR Horton 2280 Warlow Circle, Suite 100 Corona, CA 92880 Telephone: (951)272-9000 • Bridge Housing Corporation 9191 Towne Center Drive, Suite L101 San Diego, CA 92122 Telephone: (858) 535-0552 • Highland Partnerships 285 Bay Blvd. Chula Vista, CA 91910 Telephone: (619) 498-2900 E. Infrastructure and Facilities The majority of the land available for residential development is located adjacent to existing infrastructure facilities or within a specific plan area where infrastructure will be provided as part of the development process. As a result, infrastructure facilities will be able to serve all of the future residential development. F. Energy Conservation and Climate Change As residential energy costs rise, increasing utility costs reduce the affordability of housing. The City has many opportunities to directly affect energy use within its jurisdiction. Title 24 of the California Administrative Code sets forth mandatory energy standards for new development and requires adoption of an "energy budget." The home building industry must comply with these standards, while localities are responsible for enforcing the energy conservation regulations. \I E C U L-\ (, L\ F R L 1' L .\ \ 1 1-91 In December 2009, the City adopted effective Water Efficient Landscape Ordinance that meets or exceeds all standards contained in the revised State of California Model Ordinance. In June 2010, the City adopted a Sustainability Plan. In November 2010, the City adopted the 2010 CA Green Building Standards Code including Appendix A4 Residential Voluntary Measures, and Appendix A5 Commercial Voluntary Measures. The Code standards are included as part of Chapter 15.04 of the Temecula Municipal Code (Ordinance No. 10-13). The Code is mandatory for compliance in new buildings; however there are some features and devices that are recommended as voluntary measures as specified by the CA Green Building Standards Code as mandatory and voluntary. l F [ [ \ 1 F C L J L \ G E N E R A L IP L. \ 1-I-92 z V. 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N .N 0 d (0 U cn a) N O O U a 117E r 11)X0 0 117E E c m )O 0 0 7 (o 0 TU o ) a) O0)c '0 7 0 a)cr)�••' C U N O U -0 a) L ' (0 c 0)(o O (n' E c' Eo CD —_ U y N 3 (a L 3 y o o E Y �' co c N O U) 3U U2 -L c a) (p T.3 N CD L « CO a c O (roa_ mU>_ a) O U L O > U� �a I- ca • • J (6 co .0 N f6 2 F.--) N r N a) • 7 r El a) co. 3 0 U '§ L t o C os N O co O C f• a y a) 113 • t N c _N N C C (o C d E QL (6 UC1:1E a) a) o 0 I-7 � i� 0 j,t O- U (u (o 0) 0 a) z c•_. C C 'C N 7 O ▪ (a 7 X C C 8 E 0)c O 3c EEp_c8r E U T= N L m.0 3 T "..' a) T N o�00E r U(No L N a)a)m_ • O) C_ 0 0 a) a E m a)0 W 0)o •C 0) N C 'C O 0 = •C csi O N2 VI. HOUSING PLAN The eight-year plan is the centerpiece of the 2014-2021 Housing Element for Temecula. The Housing Plan sets forth the City's goals, policies, and programs to address the identified housing needs. Housing programs included in this plan define the specific actions the City will take to achieve specific goals and policies. The City's overall strategy for addressing its housing needs has been defined according to the following areas: • Providing adequate housing sites; • Assisting in development of affordable housing; • Removing governmental constraints; • Conserving and improving existing affordable housing; and • Promoting equal housing opportunity. A. Goals and Policies Provide Adequate Housing Sites Goal 1 Provide a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula. Discussion The City provides for a mix of new housing opportunities by designating a range of residential densities and promoting creative design and development of vacant land. By providing for the construction of a range of housing, the needs of all sectors of the community can be met. Policy 1.1 Provide an inventory of land at varying densities sufficient to accommodate the existing and projected housing needs in the City. Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types. Policy 1.3 Require a mixture of diverse housing types and densities in new developments around the village centers to enhance their pedestrian orientation and diversity. C I T Y \ 1 E C U L. -V E \ R \ E P L \\ 1 1-103 11 0 La 5 1 N Policy 1.4 Support the use of innovative site planning and architectural design in residential development. Policy 1.5 Encourage the use of clustered development to preserve and enhance important environmental resources and open space, consistent with sustainability principles. Policy 1.6 Encourage the development of compatible mixed-use projects that promote and enhance the village concept, facilitate the efficient use of public facilities, support alternative transit options, and provide affordable housing alternatives by establishing a program of incentives for mixed-use projects. Policy 1.7 Where feasible, use City -owned or City -controlled land for affordable housing projects. Policy 1.8 To the extent feasible, make use of the tools available to the City to assemble land or sell land at a write-down for affordable housing. Assist in Development of Affordable Housing Goal 2 Provide affordable housing for all economic segments of Temecula. Discussion The City of Temecula works to provide a variety of affordable housing opportunities for all economic segments of the community. By coordinating with other government agencies and nonprofit organizations to access funding sources for affordable housing and to partner in the creative provision of affordable housing, the City helps provide safe and affordable housing for all residents in the community. Policy 2.1 Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provide opportunities to meet Temecula's fair share of extremely low-, very low-, low- and moderate - income housing by promoting the City's program of density bonuses and incentives. Policy 2.2 Support innovative public, private, and nonprofit efforts in the development of affordable housing, particularly for special needs groups. Policy 2.3 Encourage the use of nontraditional housing models, including single -room occupancy (SRO) or Efficiency Unit Housing structures and manufactured housing, to meet the I [ v i [ C Ll L V C E\ E R A L 1 1-104 needs of special groups for affordable housing, temporary shelter, and/or transitional housing. Policy 2.4 Pursue all available forms of private, local, state, and federal assistance to support development and implementation of the City's housing programs. Policy 2.5 Require that all new affordable housing developments incorporate energy- and water -efficient appliances, amenities, and building materials to reduce overall housing - related costs for future low- and moderate -income households and families Policy 2.6 Establish and maintain a City database to monitor trends in the economy and Temecula's demographics to be able to anticipate shifts in trends, while continuing to provide relevant affordable housing. Policy 2.7 Develop and coordinate multi -agency, regional, and cross - jurisdictional approaches to homelessness and special needs housing, including transitional housing. Remove Governmental Constraints Goal 3 Remove governmental constraints in the maintenance, improvement, and development of housing, where appropriate and legally possible. Discussion The City's goal is to remove or mitigate constraints to the maintenance, improvement, and development of housing to ensure the provision of housing affordable to all members of the community. Governmental requirements for the development and rehabilitation of housing often add to the cost of the provision of affordable housing and may result in fewer opportunities for housing affordable to lower-income households. Reducing development fees and ensuring that City regulations provide for the safety and welfare of the population without imposing unreasonable costs will help in the provision of affordable housing. Policy 3.1 Expedite processing procedures and fees for new construction or rehabilitation of housing. Policy 3.2 Consider mitigating development fees for projects that provide affordable and senior housing. Policy 3.3 Periodically review City development standards to ensure consistency with the General Plan and to ensure high- quality affordable housing. C I F O F 1 F vi F C u L v CENER k F PL \\ -1-105 11 s i N Conserve and Improve Existing Affordable Housing Goal 4 Conserve the existing affordable housing stock. Discussion Along with providing for new affordable housing opportunities, the City also has a goal to preserve existing affordable housing opportunities for residents. By providing incentives and programs to maintain both the affordability and the structural integrity of existing units, the City ensures that affordable housing opportunities are preserved as the housing stock ages. Policy 4.1 Monitor the number of affordable units eligible for conversion to market -rate units and continue the means to minimize the loss of these units. Policy 4.2 Develop programs directed at rehabilitating and preserving the integrity of existing housing stock for all income levels. Policy 4.3 Support the efforts of private and public entities in maintaining the affordability of units through implementation of energy conservation and weatherization programs. Promote Equal Housing Opportunities Goal 5 Provide equal housing opportunity for all residents in Temecula. Discussion In order to make provisions for the housing needs of all segments of the community, the City must ensure that equal and fair housing opportunities are available to all residents. Policy 5.1 Encourage and support the enforcement of laws and regulations prohibiting discrimination in lending practices and insurance practices to purchase, sell, rent, and lease property. Policy 5.2 Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing. Policy 5.3 Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly, persons with disabilities, including persons with developmental disabilities, large families, single -parent households, and the homeless. 1 1 1' OF l F V I l- C U L V G E N I R -\ L f L N H-106 Policy 5.4 Encourage and consider supporting local private nonprofit groups that address the housing needs of the homeless and other disadvantaged groups. Policy 5.5 Prohibit discrimination in the sale or rental of housing based on age, familial status, race, ethnicity, gender, or sexual orientation for all housing projects approved by the City. Policy 5.6 Encourage the equitable distribution of affordable housing throughout the City. Policy 5.7 Educate the public on lower-income and special needs housing through existing annual reports or other forms of media. Promote Public Participation Goal 6 Encourage collaboration between housing developers and neighborhood organizations on affordable housing projects and addressing neighborhood concerns. Policy 6.1 Use the public participation process to educate the public on lower-income and special needs housing through existing annual reports or other forms of media. Policy 6.2 Strengthen opportunities for participation in the approval process for all housing projects, including affordable housing. B. Housing Programs The goals and policies contained in the Housing Element address Temecula's identified housing needs and are implemented through a series of housing programs. Housing programs include both programs currently in operation in the city and new programs that have been introduced to address the unmet housing needs. This section provides a description of each housing program and future program goals. The Housing Program Summary (Table H-35) located at the end of this section summarizes the future eight-year goals of each housing program, along with identifying the program funding sources, responsible agency, and time frame for implementation. Provide Adequate Housing Sites A key element in satisfying the housing needs of all segments of the community is the provision of adequate sites for housing of all types, 1 r I r c u I_. G r. r R r. P L .v v 11-107 11 0 u i N C, 11 0 LI s 1 N 1 sizes, and prices. This is an important function in both zoning and General Plan designations. 1. Land Use Element and Development Code The Land Use Element of the Temecula General Plan designates land within the city for a range of residential densities ranging from 0.1 to 20 units per acre. Densities above 20 units per acre are allowed in mixed-use districts. The following aspects of the Development Code help to ensure that the City can provide adequate sites for affordable development: • Targets densities set for the Medium and High Density Residential categories may be exceeded when a project provides a public benefit so these residential districts can be developed at their maximum allowable density. The Village Center Overlay and Planned Development Overlay allow for modifications and flexibility in development standards. • Mobile home parks are allowed in all residential zoning districts with a conditional use permit. • Senior and affordable housing is allowed in a variety of residential and nonresidential zoning districts and is eligible for density bonuses and development concessions. • Congregate care facilities are allowed in a variety of residential and nonresidential zoning districts. The facilities are not limited specifically to the density requirements of the specific zoning district. • Second units are allowed in all residential zoning districts where a detached single-family unit exists. • Emergency shelters are permitted by right in the Medium and High Density Residential zoning districts and are conditionally permitted in the remainder of the residential districts. Emergency shelters are also conditionally permitted in several of the nonresidential zoning districts. • Transitional and Supportive housing are permitted in the Medium and High residential zoning districts and are conditionally permitted in the remainder of the residential districts. Transitional and supportive are also allowed in the Community Commercial and Professional Office zoning districts with a conditional use permit. r T E E c u I. A G F\ L K AL IP L\\ H -I08 I I 1 I- • Efficiency Unit Housing is permitted in the Medium and High density residential zoning districts and conditionally permitted in the Community Commercial and Professional Office zones. Eight -Year Objectives • The City will monitor the availability of sites zoned for residential uses to ensure sufficient capacity exists to accommodate Temecula's Regional Housing Need Allocation. • The City will maintain an inventory of sites suitable for residential development (including underutilized commercial sites) and provide that information to interested developers. • The City will encourage the reservation of land that is currently designated for multiple -family development by providing the multi -family sites inventory to multi -family housing developers to solicit development interest. The City will update the multi -family sites inventory at least once a year. • The City will continue to allow residential mixed use to be permitted at a density of 30 units per acre to encourage the construction of multi -family housing by right. In addition, the City will continue to provide appropriate flexible development standards such as increased building height and shared parking opportunities for developments with minimum densities of 20 dwelling units per acre in the Zoning Ordinance. • The City will address Zoning and General Plan Land Use Designation inconsistencies. • To accommodate Temecula's regional housing need for units affordable to lower-income households totaling 2,007 (1381 4th cycle unaccomodated plus 626 for the 5th planning period), the City will establish an Affordable Housing Overlay (AHO) on the sites identified in Appendix B, applicable to at least 100 acres. After establishment of the AHO, sites identified in Appendix B will require the following: Minimum densities of 20 units per acre with a maximum allowable density of 30 units per acre under the AHO 50 percent of the remaining need (1,003 units) will be accommodated on sites allowing exclusively residential uses where no commercial or mixed used development is allowed. 1 L- vI L C U 1. A G E\ E R \ L P L\ H-109 11 s 1 N `. I Multifamily uses at the densities established under the AHO will be allowed by right, without a CUP, planned development permit or other discretionary action pursuant to GC Section 65583.2 (h) and (i) - If needed, the City will amend existing development standards to accommodate the increased allowable densities within the overlay areas. Incentives: Any density bonuses will be calculated using the available maximum density of 30 units per acre under the AHO rather than any allowable base density of the underlying zone Loan application priority and fast tracking - Greater development standard flexibility Monitoring: - To ensure sufficient residential capacity for units affordable to lower-income households is maintained within the AHO to accommodate the identified regional need for lower- income households, the City will develop and implement a formal ongoing monitoring procedure. The procedure shall provide that where an approval of a development (residential, commercial or mixed-use) on an identified site in Appendix B results in a reduction of potential affordable units below the residential capacity assumed, the City will identify and designate additional AHO sites to accommodate the shortfall of capacity remaining within the AHO. The City will report on the status and implementation of the AHO including development occurring on identified sites to determine whether the incentives described above are providing the necessary catalyst to ensure that development is occurring consistent with the buildout projections described in Appendix B. As necessary, the City will make change to this program to ensure the AHO remains a realistic and viable development strategy. Liv' 01 I E v1 E C U L A ( E y L R L H-ll0 1 T 2. Sites for Emergency Shelters The Temecula Development Code provides for the provision of emergency shelters within the City. Eight -Year Objectives • The City will continue to permit emergency shelters as identified in the Development Code. • The City will continue to work with public agencies and private entities to provide adequate resources for the community's homeless population. The City will also, to the extent feasible, participate in efforts to unite organizations and entities that provide services to the homeless. • The City will develop standards for emergency shelters consistent with Government Code Section 65583. 3. Sites for Transitional/Supportive Housing The City currently permits transitional and supportive housing in Medium and High Density Residential districts by right and in other residential districts with the approval of a conditional use permit. However, under state law, supportive and transitional housing must be treated as residential uses subject only to the same permit processing procedures as other housing in the same zone. Eight -Year Objectives • The City will amend the Temecula Municipal Code to ensure that supportive and transitional housing are treated as residential uses subject only to the same restrictions that apply to other residential dwellings of the same type in the same zone. Assist in the Development of Affordable Housing New construction is a major source of housing for prospective homeowners and renters. However, the cost of new construction is substantially greater than other program options. Incentive programs, such as density bonuses, offer a cost-effective means of providing affordable housing. Other programs, such as the County's First Time Home Buyer Program, increase the affordability of new and existing housing. L \ F C U L 1 G L \ E R A L P L A\ 1 -1 -III 4. Density Bonus Ordinance Although the City contains two provisions allowing for additional density (17.06.050 and 17.10.020), the City has not yet adopted the density bonus provisions required by Government Code Section 65915. Under state law, affordable housing projects must also be granted at least one development concession by the City as an incentive for the provision of affordable housing. The potential concessions include: • An increase in the maximum lot coverage; • A modification to the setback or required yard provisions; • An increase in the maximum allowable building height; • A reduction in the required on-site parking; • A reduction in the amount of on-site landscaping, except that no reduction in on-site recreational amenities may be approved unless the affordable housing is in close proximity with easy access to a public park with recreational amenities; • A reduction in the minimum lot area; or Eight -Year Objectives • The City will establish a density bonus program consistent with State Density Bonus Law (Government Code Section 65915). • The City will inform residential development applicants through the pre -application process and/or through the Development Review Committee meeting of opportunities for density increases. 5. Land Assemblage and Affordable Housing Development The City can utilize CDBG funds to purchase land for the development of lower- and moderate -income housing. Eight -Year Objectives • The City will continue to acquire land for use in the provision of affordable housing. C I T 1OF f E\ I I_. C U 1. N G E\ E R \ L P L \\ 1 1-112 • The City will facilitate the development of housing units affordable to lower-income households by publicizing its density bonus program and its incentives, and by making this information available to developers and nonprofit housing agencies through the development application process. 6. Second Unit Ordinance The City has adopted a Second Unit Ordinance to facilitate the construction of affordable second units in developed areas of the City. The Second Unit Ordinance allows for second units in all residential zoning districts where there is an existing owner -occupied single-family detached dwelling unit if certain conditions are met. Eight -Year Objectives • The City will continue to allow and promote the construction of affordable second units to result in the construction of ten new second units. The City will also promote the program by publicizing the program and notifying owners of underutilized residential property. 7. Mortgage Credit Certificate Program The Mortgage Credit Certificate (MCC) program is administered countywide by the County of Riverside Economic and Development Agency (EDA) and is a way for the City to further leverage homeownership assistance. MCCs are certificates issued to income - qualified first time home buyers authorizing the household to take a credit against federal income taxes of up to 20% of the annual mortgage interest paid. This tax credit allows the buyer to qualify more easily for home loans as it increases the effective income of the buyer. Eight -Year Objectives • The City will continue to promote the regional Mortgage Credit Certificate program to assist an average of ten households annually by publicizing the program and making the program known to developers and nonprofit housing agencies. 8. First Time Home Buyer Program The County's First Time Home Buyer Program (FTHB) provides loan assistance to first time home buyers whose income does not exceed the area median income. The home being purchased must be located within city limits, be attached to a permanent foundation, have a minimum of two bedrooms, and be occupied by the seller. The f f E \ I 1. C LI L \ G E\ E. R \ L 1 1-113 [' L \ 11 0 s 1 N " I 11 s 1 N maximum assistance available under this program is 20% of the purchase price plus closing costs, up to a total payout of $65,000. The home buyer also must maintain the house in good condition during the term of the assistance. Eight -Year Objectives • The City will work with Riverside County to establish a consortium to participate in the County's FTHB program. The City will also review state Notices of Funding Availability (NOFAs) as they are released in an effort to participate in the state FTHB program. 9. Housing for Extremely Low -Income Households Under state law, the City shall identify zoning to encourage and facilitate housing suitable for extremely low-income households, such as supportive housing and efficiency unit housing. The City allows Efficiency Unit Housing in the Medium and High Density Residential zoning districts and conditionally permits them in the Community Commercial and Professional Office zones. Eight -Year Objectives • The City will encourage the development of housing for extremely low-income households through a variety of activities, such as conducting outreach to housing developers on an annual basis, providing financial assistance (when feasible) or in-kind technical assistance or land write-downs, providing expedited processing, identifying grant and funding opportunities, applying for or supporting applications for funding on an ongoing basis, reviewing and prioritizing local funding at least twice in the planning period, and/or offering additional incentives beyond the density bonus. 10. Energy Conservation The City will encourage the use of energy conservation features in residential construction and remodeling. Eight -Year Objectives • The City will partner with Southern California Edison (SCE) and the Southern California Gas Company (SoCalGas) to promote energy-saving programs such as the Residential Multifamily Energy Efficiency Rebate program, the Heating and Cooling Rebate program, and incentives of up to $4,000 available to SCE and SoCalGas residential customers. F Y 1 \I L C Ll L \ 1-1-114 G 1, A F R L " L y v • The City will annually ensure that local building codes are consistent with state -mandated green building standards. • The City will be responsible for implementing the state's energy conservation standards (e.g., Title 24 Energy Standards). This includes checking building plans and other written documentation showing compliance and inspecting construction to ensure that the dwelling units are constructed according to those plans. Applicants for building permits must show compliance with the state's energy conservation requirements at the time building plans are submitted. Remove Governmental Constraints Under state law, the Temecula Housing Element must address, and where appropriate and legally possible remove, governmental constraints to the maintenance, improvement, and development of housing. The following programs are designed to lessen governmental constraints to housing development. 11. Development Fees Reimbursement Developers of affordable/senior housing may qualify to receive a reimbursement by the City of Temecula for development fees paid by the developer. Typically, developers of affordable/senior housing pay the City the required development fees. If the development qualifies for reimbursement of development fees, the developer enters into a contract with the Agency, which then reimburses the developer for the fees paid. Eight -Year Objectives • The City of Temecula will continue to enter into development agreements with qualifying senior/affordable housing projects on a case-by-case basis to provide development fee reimbursement. 12. Expedite Processing of Affordable Housing Projects Under state housing law, residential projects with an affordable component have priority processing when it comes to the provision of water service from water purveyors Similarly, the City of Temecula will continue to expedite processing of affordable housing projects. T vI i- C u L v G E v I ii -\ L H-115 P L \ 11 u s 1 N 1 1' C F Eight -Year Objectives • The City will continue to implement expedited review to all projects with an affordable housing component. • The City will need to develop objective criteria to evaluate affordable housing projects to qualify them for expedited processing. • The City will continue to prioritize projects based on the level of affordability being proposed in order to meet its regional housing need. 13. Periodic Consistency Review of General Plan, Municipal Code, and State Law To prevent unforeseen processing delays due to inconsistencies between the City's General Plan, Municipal Code, California codes, state law, or regulatory requirements, the City should conduct a biannual review of the Municipal Code and General Plan to ensure internal consistency and to ensure consistency with legislative and regulatory amendments, adoption of new state laws, and policy changes resulting from case law. Eight -Year Objectives • City staff will track and stay abreast of changes in state housing law and work with the City Attorney to incorporate changes into the General Plan and Municipal Code. • The City Attorney will advise staff on significant case law interpretations that may cause the need to amend the General Plan or Municipal Code. Conserve and Improve Existing Affordable Housing A community's existing affordable housing stock is a valuable resource that should be conserved and, if necessary, improved to meet habitability requirements. 14. Preserve At -Risk Housing Units The City of Temecula will implement the following programs on an ongoing basis to conserve the community's affordable housing stock. a. Monitor Units At Risk: Monitor projects at risk of converting to market rate within the planning period. E \\ E C U 1. A G E\ I R A E F L \ 1 1-116 b. Work with Potential Purchasers: Establish contact with public and nonprofit agencies interested in purchasing and/or managing units at risk. c. Tenant Education: The California Legislature passed AB 1701 in 1998, requiring that property owners give a nine-month notice of their intent to opt out of low-income restrictions. The City will work with tenants of at -risk units and provide them with information regarding tenant rights and conversion procedures. The City will also provide tenants with information regarding Section 8 rent subsidies through the Riverside County Housing Authority and other affordable housing opportunities. d. Assist Tenants of Existing Rent -Restricted Units to Obtain Priority Status on Section 8 Waiting List: Work with the Riverside Housing Authority to place tenants displaced from at -risk units on a priority list for Section 8 rental assistance. Eight -Year Objectives • The City will monitor the status of affordable projects at risk of converting to market rate. • The City will identify nonprofit organizations as potential purchasers/managers of at -risk housing units. • The City will explore funding sources available to preserve the affordability of projects at risk of converting to market rate or to provide replacement units. • The City will assist qualified tenants to apply for priority status on the Section 8 voucher/certificate program immediately should the owners of the at -risk project choose not to enter into additional restrictions. 15. Code Enforcement While the majority of the existing housing stock in Temecula is less than 30 years old, there is a need to enforce housing maintenance for some of the older housing units. The City implements a code enforcement program to correct housing and building code violations. The City has adopted and enforces the Uniform Building Code (UBC). Eight -Year Objectives • The City will continue to seek voluntary compliance for code - related issues and violations to enforce the UBC and offer information regarding the City's housing rehabilitation 1 1 1' O E 7 E\ I E C U I \ G F. A E R \ L H-117 11 0 s N II s I N 1 programs to low- and moderate -income households cited for code violations. 16. Residential Improvement Program The City adopted a Five -Year Consolidated Plan and became a CDBG Entitlement City as of July 2012. The Five -Year Consolidated Plan includes funding a new Residential Improvement Program with CDBG funds. Eight -Year Objectives • The City will utilize CDBG funds or other funds, as available, to provide financial assistance for minor repairs of homes owned and occupied by lower-income homeowners. Eligible repairs include plumbing, electrical, painting, carpentry, roof repairs, and masonry work. 17. Section 8 Rental Assistance Program The Section 8 rental assistance program extends rental subsidies to very low-income families and the elderly that spend more than 30% of their income on rent. The Section 8 certificate subsidy represents the difference between the excess of 30% of the monthly income and the actual rent (up to the federally determined Fair Market Rent (FMR)). Most Section 8 assistance is issued to recipients as vouchers, which permit tenants to locate their own housing and rent units beyond the FMR, provided the tenants pay the extra rent increment. The City contracts with the Riverside County Housing Authority to administer the Section 8 Certificate/Voucher Program. Eight -Year Objectives • The City will continue to contract with the County of Riverside to administer the Section 8 Rental Assistance Program and provide rental assistance to at least 105 very low- income Temecula households. • The City will support the County of Riverside's applications for additional Section 8 allocation. • The City will promote the Section 8 program to second unit owners by publicizing this program and making the information known to City and County agencies and to housing nonprofits. I E ll E C U L. A \ E R \L I' L\ 1 1-118 18. Mobile Home Assistance Program (MPAP) To preserve affordable housing opportunities found within mobile home parks, the California Department of Housing and Community Development (HCD) provides financial and technical assistance to low-income mobile home park residents through the Mobile Home Assistance Program (MPAP). The MPAP provides loans of up to 50% of the purchase price plus the conversion costs of the mobile home park so that low-income residents or organizations formed by low-income residents can own and/or operate the mobile home park Heritage Mobile Home Park is the only mobile home park in Temecula. The owners have indicated that they intend to operate the park indefinitely. In the event that the owners decide to close the park, the City will work with the tenants to acquire funding through the MPAP program. Eight -Year Objectives • The City will provide technical assistance to Heritage Mobile Home Park residents in pursuing MPAP funds in the event that the owners propose to close the mobile home park. 19. Equal Housing Opportunity In order to make adequate provision for the housing needs of all economic segments of the community, the housing program must include actions that promote housing opportunities for all persons regardless of race, religion, sex, family size, marital status, ancestry, national origin, color, age, or disability. The Riverside County Consortium, of which the City is a member, has adopted an Analysis of Impediments (AI) to Fair Housing Choice and has conducted fair housing planning to implement the recommendations identified in the AI. The Fair Housing Program of Riverside County maintains a comprehensive approach to affirmatively further and ensure equal access to housing for all persons. The three major components of this approach are education, training/technical/consultant assistance, and fair housing rights assistance. The Fair Housing Program of Riverside County is also an advocate for affordable housing, legislative reform, local compliance, and research projects relative to fair housing and human rights issues. The agency works with the California Department of Fair Employment and Housing and HUD in the referral, enforcement, and resolution of housing discrimination cases. El OF 1 E M E C U f. \ G E\ L R \ E. P L .A 1-1-119 11 0 s i Eight -Year Objectives • Temecula will continue to participate in the Riverside County Consortium in implementing the fair housing plan. • The City will place fair housing brochures at City counters, public libraries, the Temecula Community Center, and the Temecula Community Recreation Center. • The City will continue to post information regarding fair housing services on the City website. Future fair housing workshops can also be advertised on the City website. • The City will continue to provide referral services to the Fair Housing Program of Riverside County for residents inquiring about fair housing issues. • The City will continue to update its fair housing brochures to conform to state law. • The City will undertake ongoing efforts to educate the public about affordable housing. 20. Housing Referral Directory The City provides housing referral services through its Housing Referral Directory. People contacting the City are provided information on housing projects offering housing specific to a person's needs. Eight -Year Objectives • The City will continue to offer housing referral services through its Housing Referral Directory. 21. Housing for Persons with Disabilities Consistent with state law, the City annually analyzes and determines whether there are constraints on the development, maintenance, and improvement of housing for persons with disabilities, including a review of land use controls, permit procedures, and building codes for the development of housing for persons with disabilities. In addition, the City has adopted a reasonable accommodation ordinance to provide exceptions in zoning and land use for housing for persons with disabilities. In accordance with state and federal law, a request for a reasonable accommodation is subject to approval by the Community Development Director applying the following decision-making criteria: 1 l O F F F. AI F C U L. A H-120 \ • The request for reasonable accommodation will be used by an individual with a disability protected under fair housing laws. • The requested accommodation is necessary to make housing available to an individual with a disability protected under fair housing laws. • The requested accommodation would not impose an undue financial or administrative burden on the City. • The requested accommodation would not require a fundamental alteration in the nature of the City's land -use and zoning program. Eight -Year Objectives • The City will continue to treat licensed residential care facilities and State -licensed group homes serving six or fewer persons no differently than other by right single-family housing uses. In addition, the City will continue to allow residential care facilities with seven or more persons, by right in the High Residential zone district and conditionally in all other residential zones. • The City will continue to provide a formalized reasonable accommodation process for individual homeowners requesting exceptions to zoning and development standards to accommodate a disability. 22. Employee Housing To ensure continued compliance with the Employee Housing Act, especially California Health and Safety Code Sections 17021.5 and 17021.6, the City will review and if needed amend the Temecula Municipal Code to address the following concerning employee housing: • Employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation. • For the purpose of all local ordinances, employee housing shall not be included within the definition of a boardinghouse, rooming house, hotel, dormitory, or other term that implies the employee housing is a business run for profit or differs in any other way from a family dwelling. • No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six C I 1 1 OF l I \I L C L! L V C. L\ I R .A L 1 1-121 1' L \ \ I1 LI s 1 C.N 11 U s 1 N A or fewer employees that is not required of a family dwelling of the same type in the same zone. • The use of a family dwelling for purposes of employee housing serving six or fewer persons shall not constitute a change of occupancy. Eight -Year Objectives • The City will amend the Temecula Municipal Code to define and permit employee housing providing accommodations for six or fewer employees. Employee housing shall be deemed a single-family structure with a residential land use designation. • The City will review, and if necessary amend the Temecula Municipal Code to comply with the other requirements of the Employee Housing Act detailed above. 23. Housing Element Monitoring and Reporting To ensure that the housing programs identified in this Housing Element are implemented and achieve their goals, an accurate monitoring and reporting system is required. Service agencies receiving CDBG funding from the City are required to report on their program accomplishments at least annually. Records from service agencies help the City assess the extent of housing and supportive service needs, particularly regarding special needs populations. The City is also required to submit annual reports to the state addressing its success in implementing the General Plan and Housing Element. These reports provide decision -makers with useful information regarding how successful the housing programs are in meeting the needs of the community. Eight -Year Objectives • The City will continue to require that service agencies report their accomplishments annually. This information will be used by the City to assess the community's housing needs and how well these needs are being met by the existing programs. • The City will continue to submit annual reports to the state assessing the implementation of the General Plan and Housing Element. L. I T l' O F 1 f \l E C U 1. 1 G E\ E R .1 L P \ \ [ 1-122 C. Summary of Quantified Objectives Table H-37 summarizes the City's quantified eight-year objectives with regard to housing production, conservation, rehabilitation, and provision of homeowners' assistance. Table H-41 provides a timeframe and assigns responsibility for reaching the City's eight-year objectives. Type of Activities TABLE H-40 SUMMARY OF QUANTIFIED OBJECTIVES Extremely Very Low Low Income Income Low Moderate Income Income Above Moderate Income Total New Construction Conservation At -Risk Housing Rehabilitation Total 187 188 251 271 596 1,493 55 - - - 55 15 - 15 187 258 251 271 596 1,563 SOURCE: City of Temecula 2012. Housing Program Program Objectives TABLE H-41 HOUSING PROGRAM SUMMARY 8 -Year Objectives Provide Adequate Housing Sites Funding Source Responsible Agency Time Frame 1. Land Use Element and Development Code Provide a range of residential development opportunities through appropriate land use designations. Continue to monitor the Departmental availability of sites zoned Budget for residential uses to ensure sufficient capacity exists to accommodate the City's Regional Housing Need Allocation. Continue to maintain an inventory of sites suitable for residential development (including underutilized commercial sites) and provide that information to interested developers. Encourage the reservation of land that is currently designated for multiple - family development by providing the multi -family sites inventory to multi- family housing developers to solicit development interest. Continue to allow residential mixed use to be permitted at a density of 30 units per acre to encourage the construction of multi -family housing by right. The City will address Zoning and General Plan Planning Department Annually review the City's land inventory starting April 2014. Establish Affordable Housing Overlay (AHO) by no later than October 15, 2014 N Housing Program Program Objectives TABLE H-41 HOUSING PROGRAM SUMMARY 8 -Year Objectives Funding Source Responsible Agency Time Frame 2. Sites for Provide for sites Emergency Shelters for the development and opportunities for the provision of housing for the homeless. 3. Sites for Transitional/ Supportive Housing Provide for sites for the development and opportunities for the provision of short- to moderate- length stay affordable housing. Assist in the Development of Affordable 4.Density Bonus Ordinance 5. Land Assemblage and Affordable Housing Development Encourage the provision of senior /affordable housing development by continuing to implement the Density Bonus Ordinance. Assist with the development of affordable housing by acquiring land for the development of low- and moderate -Income housing. Land Use Designation inconsistencies. Establish an Affordable Housing Overlay (AHO) on the sites identified in Appendix B Continue to permit emergency shelters as identified in the Development Code. Continue to work with public agencies and private entities to provide adequate resources for the community's homeless population. To the extent feasible, participate in efforts to unite organizations and entities that provide services to the homeless. Develop standards for emergency shelters consistent with section 65583 of the government. code Review, and if necessary, amend the Temecula Municipal Code to make sure that supportive and transitional housing are treated as residential uses subject only to the same restrictions that apply to other residential dwellings of the same type in the same zone. Housing Development Establish a density bonus program consistent with State Density Bonus Law (GC Section 65915) Inform residential development applicants through the pre -application process and/or through the Development Review Committee meeting of opportunities for density increases. Continue to acquire land for use in the provision of affordable housing. Facilitate the development of housing units affordable to lower-income households by publicizing the density bonus program and its incentives, and by making this information Departmental Budget Planning Ongoing. Department Departmental Planning Budget Department Departmental Planning Budget Department CDBG Funds Planning Department Amend the Temecula Municipal Code within one year from adoption of the Housing Element. Establish Density Bonus Ordinance by October 2014 Ongoing, as projects are processed through the Planning Department. Ongoing, as projects are processed through the Planning Department. The City will publicize program incentives on the City's website on an on-going basis. Housing Program 6.Second Unit Ordinance 7.Mortgage Credit Certificate Program 8. First Time Home Buyer Program 9. Housing for Extremely Low - Income Households 10. Energy Conservation TABLE H-41 HOUSING PROGRAM SUMMARY Program Objectives 8 -Year Objectives Facilitate the development of affordable housing through the construction of second units. Assist first time home buyers by promoting the regional Mortgage Credit Certificate Program. Assist lower- income first time home buyers with the purchase of a home through the use of loan assistance. Encourage and facilitate housing suitable for extremely low- income households. Encourage the use of energy conservation features in Funding Source Responsible Agency available to developers and nonprofit housing agencies through the development application process. Continue to allow and promote the construction of affordable second units to result in the construction of second units by publicizing the program. Continue to promote the regional Mortgage Credit Certificate program to assist an average of ten households annually. Work with Riverside County to establish a consortium to participate in the County's FTHB program. The City will also review state NOFAs as they are released in an effort to participate in the state FTHB program. Encourage the development of housing for extremely low-income households through a variety of activities, such as conducting outreach to housing developers on an annual basis, providing financial assistance (when feasible) or in-kind technical assistance or land writedowns, providing expedited processing, identifying grant and funding opportunities, applying for or supporting applications for funding on an ongoing basis, reviewing and prioritizing local funding at least twice in the planning period, and/or offering additional incentives beyond the density bonus. Partner with Southern California Edison (SCE) and the Southern California Gas Company Departmental Budget Departmental Budget Departmental Budget, Riverside County FTHB funds. Departmental Budget Departmental Budget Time Frame Planning Department Planning Department Riverside County, Planning Department Planning Department Planning Department The City will acquire land if, and when, the City has available funds to do so. The City will begin a project if and when funds are secured to do so. Ongoing. Annually. Ongoing, refer interested persons as they approach the City. Apply for funding as Notice of Funds Available (NOFA)s are released. The County of Riverside is currently working to complete this by June 2014 Ongoing, as projects are processed through the Planning Department and annual outreach with local developers. Ongoing, as programs are available. Annually review local Housing Program TABLE H-41 HOUSING PROGRAM SUMMARY Program Objectives 8 -Year Objectives residential construction and remodeling. Remove Government Constraints 11.Development Fees Reimbursement 12.Expedite Processing of Affordable Housing Projects 13.Periodic Consistency Review of General Plan, Municipal Code, and State Law Reduce the cost of affordable/senior housing development through the reimbursement of development fees. Continue to expedite processing of affordable housing projects. Conduct biannual review to ensure consistency with legislative and regulatory amendments, new state laws, and case law interpretations. Funding Source (SoCalGas) to promote energy-saving programs. Annually ensure that local building codes are consistent with state - mandated green building standards. The City will be responsible for implementing the state's energy conservation standards. Continue to enter into CDBG development agreements with qualifying senior/affordable housing projects on a case-by-case basis to provide development fee reimbursement. Continue to implement Departmental expedited review to all Budget projects with an affordable housing component. Develop objective criteria to evaluate affordable housing projects to qualify them for expedited processing. Continue to prioritize projects based on the level of affordability being proposed in order to meet Temecula's regional housing need. Staff will track and stay abreast of changes in state housing law and work with the City Attorney to amend the Municipal Code and General Plan in response to significant case law interpretations. Conserve and Improve Existing Affordable Housing Responsible Agency Time Frame Planning Department Planning Department Departmental Planning Budget Department L L C. L1 L\ C. L\ L 1-1-126 building codes. Ongoing, as projects are processed through the Planning Department. Ongoing, as projects are processed through the Planning Department. The City already prioritizes affordable housing project processing. To further accommodate this, the City will be amending the Development Code to establish the Affordable Housing Overlay within one year of adoption of the Housing Element and continue to implement project expediting on an on-going basis thereafter. The City will advertise via the City's website. Biannually review for consistency. Housing Program 14.Preserve At -Risk Housing Units 15. Code Enforcement 16.Residential Improvement Program 17.Section 8 Rental Assistance Program 18.Mobile Home Assistance Program Program Objectives Encourage the continued affordability of at - risk housing units to preserve existing affordable housing opportunities. Maintain the existing housing stock through the enforcement of the UBC. Assist with the rehabilitation of existing single - and multi -family lower-income housing units through the use of loan and grant programs. Support the County of Riverside's Section 8 Rental Assistance Program. Avoid the loss of affordable housing within mobile TABLE H-41 HOUSING PROGRAM SUMMARY 8 -Year Objectives Funding Source Continue to monitor projects at risk of converting to market rate within the planning period. Identify nonprofit organizations as potential purchasers/managers of at -risk housing units Explore funding sources available to preserve at - risk units or to provide replacement units. Assist tenants to apply for priority status on the Section 8 voucher/certificate program immediately should the owners of the at -risk project choose not to enter into additional restrictions. Continue to enforce the UBC and offer information regarding housing rehabilitation programs to low- and moderate -income households cited for code violations. Utilize CDBG funds or other funds, as available, to provide financial assistance for minor repairs of homes owned and occupied by lower- income homeowners. Eligible repairs include plumbing, electrical, painting, carpentry, roof repairs, and masonry work. Continue to contract with the County of Riverside to administer the Section 8 Rental Assistance Program and provide rental assistance to at least 105 very low-income Temecula households. Support the County of Riverside's application for additional Section 8 allocation. Promote the Section 8 program to second unit owners. Provide technical assistance to Heritage Mobile Home Park CDBG Funds, and Section 8 Vouchers/ Certificates Departmental Budget Responsible Agency Time Frame Planning Department, and Riverside Housing Authority Planning Department CDBG Funds Planning Department HUD Section 8 allocations Departmental Budget Annually monitor. Ongoing. Ongoing, as funding is available. Planning Ongoing. Department Planning Department ll L C U L \ (, L N E R 1 h127 Ongoing, as funding is Housing Program (MPAP) TABLE H-41 HOUSING PROGRAM SUMMARY Program Objectives 8 -Year Objectives home parks due to the closure of existing parks by providing technical assistance to lower-income mobile home park residents pursing MPAP funds. Promote Equal Housing Opportunity 19.Equal Housing Opportunity Promote equal opportunities for housing by participating in the Riverside County Consortium. 20.Housing Referral Assist community Directory members in locating housing that meets the individual's needs. 21.Housing for Analyze and Persons with determine whether Disabilities there are constraints on the development, maintenance, and improvement of housing for persons with disabilities. 22. Employee Review and if Housing needed amend the Temecula Municipal Code to address the Funding Source Responsible Agency Time Frame residents in pursuing MPAP funds in the event that the owners propose to close the mobile home park. Continue to participate in Departmental the Riverside County Budget Consortium in implementing the fair housing plan. Place fair housing brochures at City counters, public libraries, the Temecula Community Center, and the Temecula Community Recreation Center. Continue to post information regarding fair housing services on the City website. Future fair housing workshops can also be advertised on the City website. Continue to provide referral services to the Fair Housing Program of Riverside County for residents inquiring about fair housing issues. Continue to update fair housing brochures to conform to state law. Undertake ongoing efforts to educate the public about affordable housing. Continue to offer housing referral services through the City's Housing Referral Directory. Continue to treat licensed residential care facilities consistent with state law. Continue to provide a formalized reasonable accommodation process. Amend the Temecula Municipal Code to define and permit employee housing providing accommodations for six or available. Planning Ongoing. Department Departmental Planning Budget Department Ongoing. Departmental Planning and Annually monitor. Budget Building Departments Departmental Planning Budget Department \I F C U L. A I-. A E R \ 1-1-128 Review and if necessary amend the Temecula Municipal Code within one year Housing Program TABLE H-41 HOUSING PROGRAM SUMMARY Program Objectives 8 -Year Objectives Employee Housing Act, especially California Health and Safety Code Section 17021.5 and 17021.6. fewer employees. Employee housing shall be deemed a single-family structure with a residential land use designation. Review and if necessary amend the Temecula Municipal Code to comply with additional requirements of the Employee Housing Act detailed in the program above. Housing Element Monitoring and Reporting 23. Annual Reporting/ Housing Needs Database Monitor the housing needs of the community and the ability of current housing programs to meet these needs through ongoing reporting. Continue to require that service agencies report on their accomplishments annually. This information will be used by the City to assess the community's housing needs and how well these needs are being met by the existing programs. Continue to submit annual reports to the state assessing the implementation of the General Plan and Housing Element. Funding Source Responsible Agency Time Frame Departmental Budget and CDBG Funds from adoption of the Housing Element. Planning Annually, starting Department in April 2014. 11 0 LI i N l 1 T 1' APPENDIX A: HOUSING ELEMENT GLOSSARY Acre: A unit of land measure equal to 43,560 square feet. Acreage, Net: The portion of a site exclusive of existing or planned public or private road rights-of-way. Affordability Covenant: A property title agreement which places resale or rental restrictions on a housing unit. Affordable Housing: Under state and federal statutes, housing which costs no more than 30 percent of gross household income. Housing costs include rent or mortgage payments, utilities, taxes, insurance, homeowner association fees, and other related costs. Area Median Income (AMI): The AMI is determined by the US Department of Housing and Urban Development (HUD) and is the midpoint income for the area—half of all wage earners have salaries higher than the median, and half of all wage earners have salaries lower than the median. Each year, HUD sets area median incomes for the Riverside area. The AMI is then used to establish income limits for certain housing programs. Annexation: The incorporation of land area into the jurisdiction of an existing city with a resulting change in the boundaries of that city. Assisted Housing: Housing that has been subsidized by federal, state, or local housing programs. At -Risk Housing: Multi -family rental housing that is at risk of losing its status as housing affordable for low and moderate income tenants due to the expiration of federal, state or local agreements. California Department of Housing and Community Development – HCD: The State Department responsible for administering State-sponsored housing programs and for reviewing housing elements to determine compliance with state housing law. Census: The official United States decennial enumeration of the population conducted by the federal government. O F T F \I E C U 1. A G E\ F R \ L I' H-131 I 1' O I Community Development Block Grant (CDBG): A grant program administered by HUD. This grant allots money to cities and counties for housing rehabilitation and community development activities, including public facilities and economic development. Condominium: A building or group of buildings in which units are owned individually, but the structure, common areas and facilities are owned by all owners on a proportional, undivided basis. Congregate Care: Apartment housing, usually for senior citizens, or for the disabled in accordance with Health and Safety Code Section 50062.5 that is arranged in a group setting that includes independent living and sleeping accommodations in conjunction with shared dining and recreational facilities (see Temecula Municipal Code Section 17.34.010.B). Congregate Living Health Facility: A facility with a noninstitutional, home -like environment that provides inpatient care, including the following basic services: medical supervision, twenty- four hour skilled nursing and supportive care, pharmacy, dietary, social recreational, and at least one type of service specified in the Health and Safety Code. The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities (see Temecula Municipal Code Section 17.34.010.B). Density: The number of dwelling units per unit of land. Density usually is expressed "per acre," e.g., a development with 100 units located on 20 acres has density of 5.0 units per acre. Density Bonus: The allowance of additional residential units beyond the maximum for which the parcel is otherwise permitted usually in exchange for the provision or preservation of affordable housing units at the same site or at another location. Development Impact Fees: A fee or charge imposed on developers to pay for a jurisdiction's costs of providing services to new development. Development Right: The right granted to a land owner or other authorized party to improve a property. Such right is usually expressed in terms of a use and intensity allowed under existing zoning regulation. For example, a development right may specify the maximum number of residential dwelling units permitted per acre of land. T E vC u L. G L v I IR A L. I' I A 1-1-132 Dwelling, Multi -family: A building containing two or more dwelling units for the use of individual households; an apartment or condominium building is an example of this dwelling unit type. Dwelling, Single-family Attached: A one -family dwelling attached to one or more other one -family dwellings by a common vertical wall. Row houses and town homes are examples of this dwelling unit type. Dwelling, Single-family Detached: A dwelling, not attached to any other dwelling, which is designed for and occupied by not more than one family and surrounded by open space or yards. Dwelling Unit: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the unit for the exclusive use of a household. Efficiency Unit Housing: 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. Elderly Household: As defined by HUD, elderly households are one- or two- member (family or non -family) households in which the head or spouse is age 62 or older. Element: A division or chapter of the General Plan. Emergency Shelter: An emergency shelter is a facility that provides shelter to homeless families and/or homeless individuals on a limited short-term basis. Fair Market Rent (FMR): Fair Market Rents (FMRs) are freely set rental rates defined by HUD as the median gross rents charged for available standard units in a county or Standard Metropolitan Statistical Area (SMSA). Fair Market Rents are used for the Section 8 Rental Program and many other HUD programs and are published annually by HUD. First -Time Home Buyer (FTHB): Defined by HUD as an individual or family who has not owned a home during the three-year period preceding the HUD -assisted purchase of a home. Jurisdictions may adopt local definitions for first-time home buyer programs which differ from non -federally funded programs. Floor Area Ratio (FAR): The gross floor area of all buildings on a lot divided by the lot area; usually expressed as a numerical value (e.g., a building having 10,000 square feet of gross floor area located on a lot of 5,000 square feet in area has a floor area ratio of 2.0). I I 1 0 I 1 r v I I C u L v G F. v 1: R L I' I v I-133 11 u s N ll s i N Group Home: The City of Temecula's Zoning Code defines a group home as any residential care facility for six or fewer persons which is licensed by the state (Temecula Municipal Code Section 17.344.810.B). General Plan: The General Plan is a legal document, adopted by the legislative body of a City or County, setting forth policies regarding long-term development. California law requires the preparation of seven elements or chapters in the General Plan: Land Use, Housing, Circulation, Conservation, Open Space, Noise, and Safety. Additional elements are permitted, such as Economic Development, Urban Design and similar local concerns. Group Quarters: A facility which houses groups of unrelated persons not living in households (US Census definition). Examples of group quarters include institutions, dormitories, shelters, military quarters, assisted living facilities and other quarters, including single - room occupancy (SRO) housing, where 10 or more unrelated individuals are housed. Growth Management: Techniques used by a government to regulate the rate, amount, location and type of development. HCD: The State Department of Housing and Community Development. Home Mortgage Disclosure Act (HMDA): The Home Mortgage Disclosure Act requires larger lending institutions making home mortgage loans to publicly disclose the location and disposition of home purchase, refinance and improvement loans. Institutions subject to HMDA must also disclose the gender, race, and income of loan applicants. Homeless: Unsheltered homeless are families and individuals whose primary nighttime residence is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings (e.g., the street, sidewalks, cars, vacant and abandoned buildings). Sheltered homeless are families and persons whose primary nighttime residence is a supervised publicly or privately operated shelter (e.g., emergency, transitional, battered women, and homeless youth shelters; and commercial hotels or motels used to house the homeless). Household: The US Census Bureau defines a household as all persons living in a housing unit whether or not they are related. A single person living in an apartment as well as a family living in a house is considered a household. Household does not include I [ Y O F I f \ F C LI L \ (, 1 I Iti \ I E I-134 individuals living in dormitories, prisons, convalescent homes, or other group quarters. Household Income: The total income of all the persons living in a household. A household is usually described as very low income, low income, moderate income, and upper income based upon household size, and income, relative to the regional median income. Housing Problems: Defined by HUD as a household which: (1) occupies a unit with physical defects (lacks complete kitchen or bathroom); (2) meets the definition of overcrowded; or (3) spends more than 30% of income on housing cost. Housing Subsidy: Housing subsidies refer to government assistance aimed at reducing housing sales or rent prices to more affordable levels. Two general types of housing subsidy exist. Where a housing subsidy is linked to a particular house or apartment, housing subsidy is "project" or "unit" based. In Section 8 rental assistance programs the subsidy is linked to the family and assistance provided to any number of families accepted by willing private landlords. This type of subsidy is said to be "tenant based." Housing Unit: A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and containing separate toilet and kitchen facilities. HUD: See US Department of Housing and Urban Development. Income Category: Four categories are used to classify a household according to income based on the median income for the county. Under state housing statutes, these categories are defined as follows: Very Low (0-50% of County median); Low (50-80% of County median); Moderate (80-120% of County median); and Upper (over 120% of County median). Large Household: A household with 5 or more members. Low Income Home Energy Act Program (LIHEAP): LIHEAP helps pay the winter heating bills or summer cooling bills of low- income and elderly people. Manufactured Housing: Housing that is constructed of manufactured components, assembled partly at the site rather than totally at the site. Also referred to as modular housing. Market Rate Housing: Housing which is available on the open market without any subsidy. The price for housing is determined by the market forces of supply and demand and varies by location. I \ I 1- L U L \ Ci E\ F R \ L P L \ 1 1-135 N_ (1 11 s 1 N Median Income: The annual income for each household size within a region which is defined annually by HUD. Half of the households in the region have incomes above the median and half have incomes below the median. Mobile Home: A structure, transportable in one or more sections, which is at least 8 feet in width and 32 feet in length, is built on a permanent chassis and designed to be used as a dwelling unit when connected to the required utilities, either with or without a permanent foundation. Mobile Home Park Assistance Program (MPAP): To preserve affordable housing opportunities found within mobile home parks, HCD provides financial and technical assistance to low income mobile home park residents through MPAP. MPAP provides loans of up to 50% of the purchase price plus the conversion costs of the mobile home park so that low income residents, or organizations formed by low income residents can own and/or operate the mobile home park. Mortgage Credit Certificate (MCC): Administered by Riverside County, and authorized by Congress in the Tax Reform Act of 1984, the MCC provides assistance to first-time homebuyers for the purchase of owner -occupied single-family homes, townhomes, and condominiums. An MCC reduces the amount of federal income taxes otherwise due but not to exceed the amount of federal taxes owed for the year after other credits and deductions have been taken. (Unused tax credits can be carried forward three years, until used.) Mortgage Revenue Bond (MRB): A state, county or city program providing financing for the development of housing through the sale of tax-exempt bonds. Overcrowding: As defined by the US Census, a household with greater than 1 01 persons per room, excluding bathrooms, kitchens, hallways, and porches. Severe overcrowding is defined as households with greater than 1 5 persons per room. Office of Planning and Research (OPR): The Governor's Office of Planning and Research (OPR) provides legislative and policy research support for the Governor's office. OPR also assists the Governor and the Administration in land -use planning and manages the Office of the Small Business Advocate. Overpayment: The extent to which gross housing costs, including utility costs, exceed 30 percent of gross household income, based on data published by the US Census Bureau. Severe overpayment, or cost 1 E \I L C U L \ C. [ \ I R \ L A \ I-1-136 burden, exists if gross housing costs exceed 50 percent of gross income. Parcel: The basic unit of land entitlement. A designated area of land established by plat, subdivision, or otherwise legally defined and permitted to be used, or built upon. Poverty: The income cutoffs used by the Census Bureau to determine the poverty status of families and unrelated individuals included a set of 48 thresholds. The poverty thresholds are revised annually to allow for changes in the cost of living as reflected in the Consumer Price Index. The average threshold for a family of four persons in 1989 was $12,674. Poverty thresholds were applied on a national basis and were not adjusted for regional, state, or local variations in the cost of living. Project -Based Rental Assistance: Rental assistance provided for a project, not for a specific tenant. A tenant receiving project -based rental assistance gives up the right to that assistance upon moving from the project. Public Housing: A project -based low -rent housing program operated by independent local public housing authorities. A low- income family applies to the local public housing authority in the area in which they want to live. Regional Housing Needs Assessment (RHNA): The RHNA is based on State of California projections of population growth and housing unit demand and assigns a share of the region's future housing need to each jurisdiction within the SCAG (Southern California Association of Governments) region. These housing need numbers serve as the basis for the update of the Housing Element in each California city and county. Rehabilitation: The upgrading of a building previously in a dilapidated or substandard condition for human habitation or use. Section 8 Rental Voucher/Certificate Program: A tenant -based rental assistance program that subsidizes a family's rent in a privately owned house or apartment. The program is administered by local public housing authorities. Assistance payments are based on 30 percent of household annual income. Households with incomes of 50 percent or below the area median income are eligible to participate in the program. Service Needs: The particular services required by special populations, typically including needs such as transportation, personal care, housekeeping, counseling, meals, case management, personal TY OF I [. AI F. C U I, A G E\ E R .A L P L \\ H-137 emergency response, and other services preventing premature institutionalization and assisting individuals to continue living independently. Small Household: Pursuant to HUD definition, a small household consists of two to four non -elderly persons. Southern California Association of Governments (SCAG): The Southern California Association of Governments is the Metropolitan Planning Organization (MPO) which encompasses six counties: Imperial, Riverside, San Bernardino, Orange, Los Angeles, and Ventura. SCAG is responsible for preparation of the RHNA. Special Needs Groups: Those segments of the population which have a more difficult time finding decent affordable housing due to special circumstances. Under California Housing Element statutes, these special needs groups consist of the elderly, handicapped, large families, female -headed households, farm workers and the homeless. A jurisdiction may also choose to consider additional special needs groups in the Housing Element, such as students, military households, other groups present in their community. Single -Room Occupancy (SRO) Housing: 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. Subdivision: The division of a lot, tract or parcel of land in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.). Substandard Housing: Housing which does not meet the minimum standards contained in the State Housing Code (i.e., does not provide shelter, endangers the health, safety or well-being of occupants). Jurisdictions may adopt more stringent local definitions of substandard housing. Substandard, Suitable for Rehabilitation: Substandard units which are structurally sound and for which the cost of rehabilitation is considered economically warranted. Substandard, Needs Replacement: Substandard units which are structurally unsound and for which the cost of rehabilitation is considered infeasible, such as instances where the majority of a unit has been damaged by fire. Supportive Housing: A facility that provides housing with no limit on length of stay, that is occupied by the target population as defined 1 T l C ll 1, 1 G E NE RAT FI -13th 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. Supportive Services: Services provided to residents of supportive housing for the purpose of facilitating the independence of residents. Some examples are case management, medical or psychological counseling and supervision, child care, transportation, and job training. Tenant -Based Rental Assistance: A form of rental assistance in which the assisted tenant may move from a dwelling unit with a right to continued assistance. The assistance is provided for the tenant, not for the project. Transitional Housing: 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. Uniform Building Code (UBC): First enacted by the International Conference of Building Officials (ICBO) in 1927, the UBC provides standards for building codes. Revised editions of this code are published approximately every 3 years. US Department of Housing and Urban Development (HUD): The cabinet level department of the federal government responsible for housing, housing assistance, and urban development at the national level. Housing programs administered through HUD include CDBG, HOME and Section 8, among others. Western Regional Council of Governments (WRCOG): WRCOG consists of representatives from all 14 cities and the Riverside County Board of Supervisors, which have seats on the WRCOG Executive Committee, the group that sets policy for the organization. Together, as a joint powers agency, they take up regional matters, from air quality to solid waste and from transportation to the environment. Zoning: A land use regulatory measure enacted by local government. Zoning district regulations governing lot size, building bulk, placement, and other development standards vary from district to district, but must be uniform within the same district. 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O O m m m m m m m m m v v a.0 n a a .0 a n a v v 0 0 v (OM v P O 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 Professional Office' Professional Office" Professional Office" Professional Office" Professional Office'" Professional Office '" Professional Offi c e3'" Professional Office" Professional Office"" 0 LU LT U 0 0 Lo O i PROFESSIONAL OFFICE (P0) PROFESSIONAL OFFICE (PO) PROFESSIONAL OFFICE (P0) PROFESSIONAL OFFICE (PO) C C C N v N 3 aJ > > > > > 944290016 961290002 961290003 961440010 961440016 PROFESSIONAL OFFICE (P0) 961450012 PROFESSIONAL OFFICE (PO) 0 0 0 0 0 0 0 O O O O O O O O O O O O m m m m M M m m m m co M m M m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N e Commerc Service Commercia Service Commercia Service Commercia Service Commercia Service Commercia Service Commercia Service Commerci VI VI VI VI LOVV1 V J LO LO U K K G K K K K LLI UJ LU LU LU LLI LLI U LU O O 00 0 0 0 0 0 0 UUUUUL" t..1 I71 1.7 Lu w V) w U U U U U U U U 0 0 CC CL CC CC CC CC CC CC CC s w w w LU CL d VI N N Vl N N N N II C .EC C C N 3 LI R U N aJ aJ E co `' 0 F, o g m 961450013 944290027 944290029 910271002 910271005 910271006 910271007 910271008 921020084 921020089 Service Commercial3 SERVICE COMMERCIAL (SC) Service Commer SERVICE COMMERCIAL (SC) v E E E E 0 0 U u v v u u 2 .> 0 0 N1 SERVICE COMMERCIAL (SC) SERVICE COMMERCIAL (SC) Service Commer SERVICE COMMERCIAL (SC) Service Comm SERVICE COMMERCIAL (SC) Service Comm SERVICE COMMERCIAL (SC) Service Comm SERVICE COMMERCIAL (SC) N C C C 0 C NN u N 0a 0a N N > > > > > > > > 921730046 921730059 921730060 921730064 921730065 921730067 921730068 922100023 Service Commercial3 SERVICE COMMERCIAL (SC) 922100036 Vacant Service Commercia SERVICE COMMERCIAL (SC) 922100038 Vacant Service Commercials SERVICE COMMERCIAL (SC) 922100041 u t N 2 2 00 11.L> W sF E 0 N ton ul D a dg 0: a a a a a a 2 2 2 2 2 2 Lel Ln tn Ln vl Ln 2 2 2 2 2 2 C pap C C pap C C hap C pa0 q '- Y 'p 2 Y 6 N 2z.2273 a N Y IN Y 'p N Y aC d nd n' d T,.. 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N N N N ZZZZ ZZZZZZZZZZ 5555 5555555555 a a a a a a a a a a a a a a 0 0 0 0 U O D U U 0 V U V V 0 0 0 U O U V UUUV U U • W W LU W LL W LU a a ▪ a a a a a W W a 0 - LA N N N N N N N N N N N N N N O c c C 0 C c c c 0 C C c c c c U U 1'63 U rt v >>>> >">>> 3 >> O 0 0 3 N m 00 n o 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 o M M M rn (0 a N N lD l0 10 Q N N NNLr, u'00 l0 M M M M 0 000000 0 N N N N N N N N N N N N N N N c 0000000000000000 00100 al C 000000000 922062016 940310050 0 4CO u1 e▪ Ni Exclusively Residential N O M MSHCP Grid Cell/Core Linkage N N i 2 a a a a a a a o m 0 o 0 0 o 0 0 a to N 0 N N N 00 0 0 0 n 01 O O O O O O ▪ O N n b N N m Residential (7-12 Du/Ac Max) SPECIFIC PLAN (5 940320007 Medium Residential (7-12 Du/Ac Max) 09 fi Medium Residential (7-12 Du/Ac Max) PLAN (5P-9) - Redhawk N N N N N N Low Residential (0.5-2 Du/Ac Max Low Residential (0.5-2 Du/Ac Max Low Residential (0.5-2 Du/Ac Max Low Residential (0.5-2 Du/Ac Max m 3 3 • 3 ro .cL L L a 0 • v 0 0 O v v C cc C s m m m 01 i d d d N N N N Z Z Z Z 5 5 5 5 o. a a a 0 0 0 0 Low Residential (0.5-2 Du/A C PLAN (SP -9) - Redhawk Low Residential (0.5-2 Du/Ac Max Low Residential (0.5-2 Du/Ac Max LL LL LL LL LL a N i a a i a N N N N N c c N 962020018 c c N N 962450010 962450011 962450012 c U 962450013 LL LL V U L d d C N N N 962450014 Vacant 962450015 Vacant 962450018 C o a 4) aaaaaaaaa aaaa aaaaaaa !G a a a g o � ▪ 3 GENERAL PLAN DESCRIPTION ZONE DESCRIPTION 0 EXISTING USE 2 Q O o O O O O o O O O O O O 0 N O O d O O O m m V a N nu) N < Ill ti N 7 N m 01 0) • N N m m N rl rl O N N N ▪ '-I O O O O O O O O O N N N N N N N N N 44 44 N N 4) n ry N N N N N N n w Residential (0.5-2 Du/Ac Max) SPECIFIC PLAN (SP -9) - Redhawk 962450019 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max Low Residentia Low Residentia Low Residentia Low Residentia Low Residentia Low Residentia Low Residentia Low Residentia Low Residentia Low Residentia 3 ▪ 3 no ro mra 3 mmra • Cra 3 m L _c = = t = = L .0 C C C C C C C • C C C 0.5-2 Du/Ac Max 0..5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0,5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max Low Residentia Low Residentia Low Residentia Low Residentia Low Residentia Low Residentia Low Residentia 3 3 3 3 3 3 3 m 11, co L • t • L ▪ = L L L -o U ▪ O toa)c Cc G1 d d d • 01 C I • C C C C T 41 41 at Ol O) O) Ol O) O1 O1 O) 0_ O) O1 O) 0) O) i a d a N d d a d c Vl 1/) V1 Vl V1 V) V) N V1 d d d d V1 V1 N to N V1 N Z Z z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 d d d d d d d d d d d d d d d d V U U V u U U u U u U u V u U V U LL LL LL ▪ LL LL LL LL LL LL LL LL LL LL LL LL U u u V u V U u V u U u U U U V U w w w a a a d a a a d a a d a d Vwd a a a 1.n V1 N N V) VI N V) N VI V1 N N )/1 Vl V) 962450020 Vacan 962450021 Vacan 962450022 Vacan 962450023 Vacan 962450024 Vacan C C C N C U 962450028 N 0 Cr LIDN Ol 962450030 962450031 962450032 C N N 962450033 962450034 962450035 962450036 962450037 962460049 Vacant Low Residential (0,5-2 Du/Ac Max) SPECIFIC PLAN (SP -9) - Redhawk C C 962461001 962461002 Low Residential (0.5-2 Du/Ac Max) SPECIFIC PLAN (SP -9) - Redhawk Low Residential (0„5-2 Du/Ac Max) SPECIFIC PLAN (SP -9) - Redhawk Low Residential (0.5-2 Du/Ac Max) SPECIFIC PLAN (SP -9) - Redhawk Low Residential (0.5-2 Du/Ac Max) SPECIFIC PLAN (SP -9) - Redhawk C C C U N N 10 l0 962461003 O OO � l0 N N 1O LO 01 01 962461006 5 z Z O V1 6 2 z Z z a O 5 • W s' > H Lee cc Z 0 00 00 0 5 a 5 z l7 ZONE DESCRIPTION EXISTING USE N N ' i i OJ 2 W N W al al O1 d al W al al ` d C � C r C I C ,_ C .I 'r73 II 73 � C: I C C ,I C= C C r C C C ._ C ._ C II 73 rT3 E L d L d L d L d L d L d LL d L E L d L d L d L d L a L d L d 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 a a a a a a a O= O= O= O= O= O= O= O. = 0= 0= 0= 0= O= O= O= O O C. O C O C O C O C O C O C O C O C O C O C O C O C O C O O_ LL O LL O LL O LL O LL O LL O LL O LL O LL 0 LL O LL O LL O LL O LL O LL EN f0 L+ r N r E N '. '� a+ r E r 10 y r Y 'r; N N E N Ul ja al m W m j0 - m a) a! m al m - 2 - m d m W ip al m al o 0o 0o 0o =o =opo C0 Co =o 5o So Co 0o 5o 50 Qo Qo .moo Qo _J0.0l 0.0Qo Qo 0.0 0-0 ‘70QO 0.00.0QO In J to J 01 J N J Vl J J J '-I J N J N J J N J N J J J N 2 2 i 2 2 2 2 2 2 2 2 2 i 2 i 2 < < < < < < < < a a < a a a < a O O 0 0 O O 0 0 O 0 0 4 0 0 a ` a a a a O O O 00 10 m e -I N 10 0 10 00 01 b ti O O O O O O O O O O O 6 O O O O O O O N N N N N N N N N N N 2 0 0 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max 0.5-2 Du/Ac Max ow Residentia ow Residentia ow Residentia L v c ow Residentia ow Residentia ow Residentia ow Residentia 3 3 mg co ra ra L L L L a a a a 0 0 al al c c c c ow Residentia ow Residentia ra L W c ow Residentia ow Residentia Y 3 m L L 0 m c c ow Residentia C W c v z 0 0 ow Residentia ow Residentia Y Y 3 3 3 3 om L • L L L O W 0 W c c c c ow Residentia v 0 ow Residentia Y 3 3 3 ra Ks m L L L a a a a a a 01 O1 al 01 01 O1 O1 O1 01 O1 01 01 O1 O1 T T 91 41 O1 o_ _ a a i N V1 N N V1 N N N ✓1 V1 U1 V1 ul • on ut N Vf ✓1 U1 E E uo 0 3 Z Z ZZ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 5 5 3 5 5 5 5 3 5 3 5 3 5 3 5 5 5 5 5 a a a a a a a a a a a a a a a a U V U U V V U U U V U V V U U V LL LL LL LL LL ▪ LL LL LL LL a U U U W U U V U W LU a LU i a i N N ut to N U1 V1 Vf V1 W 0- U U W LU V U.1 W0_ i a i a N ul ul V1 V1 ut VI 962461007 962461008 962461009 Vacan 962461010 Vacan 962461011 Vacan 962461012 962461013 Vacan 962461014 Vacan 962461015 962461016 962461017 962461018 962461019 962461020 962461021 962461022 962461023 962461024 962461025 V a • a a a a a a a NMNM V~i W N00.D) O 00 N ri 01 N .,� n N m ti 0) 04 0) 0) 0) 00 0) (0 X 2 0)0)00(0(00. a m m m i 2 2 2 2 2 2 o a ▪ c a a< a a N N N N N V1 01 V1 VI V1 V1 0 0 0 0 0 0 0 a c 0 N 6 v 0 m c c E m cc 2 al 00 [C K O: K C O_ CG O_ L L L= L L L 00 00 00 00 130 00 00 00 6 a a a a a a a 0 0 0 00 0 0 0 c c c c c c c c ti - - - - rl N eIl rl 1 a 0 S S Ul N US V} N N N N N M C V1 N Z Z Z Z Z Z Z Z 55550-535 a a a a a a a 0(0000(013- U LL LL LL LL O (0(00000(0 6, ▪ dU.1 LU LU LU LU a a M a a 0- V/ V1 V1 N V1 VI N ✓1 N 13V°3003 C C C C C U U U U U 2 > O • '-' O • 0 a o m o n 01 10 N 00 0 0 0 0 0 0 N N V 006 0 0 0 0 0 0 0 0 10 tD tD 1D 00 00 0000 d 01 m m m m 01 m SITE CONSTRAINTS RHNA Mel: QQ W 0 C W 5 u Q z 0 z to') W 0 3 Z ZONE DESCRIPTION 222222222222222222222222222222222222222222222222222 a a a a a a a a a a a a a a a a a a a a s a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a ..... .1 H .-I .1 N .i xi H .1 'H .-f M W .1 ml N .i .1 N N N .'a .i .a .1 s -I ...... a EXISTING USE z a O n n<0 01 N NVI 00 m M Mre, O(0 N N ti.Ni .-1 <0 0 00 00<0 N 1!1 n 0 N Cr Cr Cr Cr LC, M N n en re, � m m N1 on (0 01 R 00 00 M .i N - N .-I - N N I-1 N M N M N .i - r,N .I .1 . i N .I - .i N .1 .-1 .i .-1 .i N N O O O O O O O O O O O O O O O O O O O O O O O 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O N LO <0 <0 <0 10 N <0 <0 <0 <0 N O <0 10 N <0 10 10 10 <0 <0 10 <0 <0 N 10 <0 <0 <0 10 N 10 <0 10 10 N 10 10 10 10 10 <0 10 10 <0 <0 N <0 10LO x x x 10* x 0< 0<< X 0 00 x x X 00 0 00 x* x x x x x x 0< OC X x x x x X x x x x x X X X x x X* x x x 222222222222222222222222222222222222222222222222222 33330.0=0 0J00030= =00 330033333==33333>>> 3>h. >>JJJJJ n 0 0 0 m 0 0 n 0 0 0 m 0 0 n 0 0 0 n n 0 0 0 n n 0 0 m 0 m m 0 n 0 0 0 m 0 n n 0 0 0 0 0 n a 0 0 0 n )0 <0 10 <0 10 )0 N <0 <0 <O tD <O 10 10 10 10 10 )0 10 10 N <10 N )0 )0 1D <0 10 <0 <0 10 N )0 <D b )0 10 1D 10 10 10 10 <O 10 <O <O 10 <O <0 <0 1O M T 101 M M R1 (0) <0 M M M M M M NI M () M M M .Ml M M M M M M m M 0!1 N1 T M M M M 0) f.1 M (0 M M M f0 M M M t0 M M H1 1< C C C C C C C C C C C C C C= C C C C 0< C C C C C2525255552,522,5552555222 0 v v 0 c v 0 0 v 0 a v v v 0 v v v v 0 v v v v a 0 a v v v v 0 v v v v v v 0 v v 0 v 0 v c c 0 v a 00 0- 0: z 0- 0: 0: s s s z ¢ s z z z ¢ Iz z 0c 00 s 0: z z 0: 0: z s 0: 0: 0- 1' 1' 0: 0_ 0: 0: z z 0c 0: z 0: s z 1' G K K E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E J J J J J J J J J J J J J J J J J J U t 9 L 5 5 V " 9 V 4 4 9 4 0 V J 4 J U 0 V 9 J J 4 V a 4 9 C 4 4 0 4 4 00)00)0)0)0)0) tJ tJ 01 0) 0) 0) 0) 0) 0) 0 0) 0) 0) 01 0) 0) 0 0) 01 0 0) 0 0) 0) 01 01 0 0) 0) 0) 0) O1 0J 0) 22222222222222222222222222222222222222222222222222 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ow Medium Residentia 0: ccm cC 0: 00 cc 00 cca cc 0. m K K 0: cc C 0_ 0: 00 m 0! a 0: 0: 0_ 00 m m 0: cca 0: 00 0_ 0_ m a 0_ 0: 0: a 0_ 00 a 0! a m 0_ K L L L L L L.= L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 <0 00 00 00 00 00 <0 00 00 <0 00= 0000=0 J J J J J J J J J J J J J J 0 0 0 0 0 J 0 J 0 J J J 0 0 0 0 30 000 3 OJ MI 01 N 03 10 O) J 10 10 03 N 10 03 N Ill 6 0. a a L1 6 a a a a G G a a a G a a a a G a a a a G G a COa 1 0. a a a a G a a a a a a 6 6 a a 0. 113 a CO 0000000000000000000000000000000000000000000000000000 0: C K 0: 00 K 0: 0! G 0: W 0 00 Oc 0 K 0: Oc GC 0 0_ c! 0: (L K 0: K K G W W 0_ 0_' 0: 0_ K 00 0_ O: C 0: 0: C cc 0: K 0: K 0_ C K m m m d iad ddd0 d dad0 dmm dai dpi ad d d d ddddddaddd adiddNo o d dd N N N N N N N N N N N N N N N N N N' N N N N N N N N N N N N 01 N N N N N N N N N N N N N N N N N N z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z 55555555555555555555555555555555555555555555555555 U u u U U U U U U u U U u U U U U U U U U U U U V U U U U U U u U U U U U u u u U U U V LJUULJUUU LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LLLL LL ..... LLLL w w LL LL LL LL LL LL LL LL LL LL LL LL U U U U U W U U U U W W W U U W W U U U U U U U U U U U U W W W U U U W U U U U W W W W U U W W U U U wwwwwwww N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 01 N N N N 957340054 01 N N 10 10mm 957710001 33 >> N M 7 N 0000 0000 0000 n n n n 00 00 00 00 N N N N 01 a1 01 01 >�>>�u U U U '3 3 'NU3 N 3 Ug 3 U U�U N gV N N ggu U '3 U U UN U g g > > > > > > > > > > >>> >>>>>>>>>>>> > > > > > > > > > >> 957710006 n 00 01 O - N .i N M a N ID n CO 01 0 .1 col M 7 N <O 000 .1 .1 0 0 0 0 0 0 0 0 0 .-1 .4 N .-I ."1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 .1 .i .1 .-I .4 .4 .i .1 .i .i .1 - .1 .1 .1 .1 .+ .1 .--1 .a .1 .i n n n n n n n n n n n n n 00 n r0 n n n n n n n n n n n n n n n n n n n n n n n n n n n n n N N 01 N N N N N N N N N N N N N 01 N N N N N 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 957711017 00 01 O .i N M N <O n 00 01 O .4 N M a N .4 .4 (0) (04 (4 (0) (0) (0) (04 (04 (04 (04 (0 (0 (0 (0 (0 0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n n n n n n n n n n n n n n n n n n 00nnnnnn n n n nnnnnnn n 001 011 01 01 M M0 01 0N1 0N1 00) 00) 011 01 01 00 N MMMMM 00) 01 957711036 n 00 O O N N n n IT m SITE CONSTRAINTS m 2 a 2 z Q W t5° W f W u z 0F u C 5 a 5 W l7 ZONE DESCRIPTION EXISTING USE a 222222222222222222222222222222222222222222222222222 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 00 a N M 01 0 M a M W .1 000 00 M N N N N 00 00(0 N N N- V1 0. 00 00 M 00 M>3 M 0) N>0 N N M M N .i .UD1 tD N N N N N 666666666666666666666600066666666666666666666666666 >0 ID 10 (0 10 LID 10 LID ID ID LID LID (.0 LC( LID L (0(0 (0 LID (0 LID 10 10 ID (0 LID (0 (0 (0 (.0 ID (0 LID LID LID (0 (0 ID LID LID 10 (0ID (0(0 ID ID ID LID LID XXX X X X X X X X X (<>1>01<1<1<1<1<331<1< al al 03 CO 03 03 ft( X X X X X X X X X X X X X X X <(1<331< X X X X X X X X 03. al al 03 ID 222222222222222222222222222222222222222222222222222 <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< (.3 ` ` (.1 j J J J J J 3 J J J J 3 J J J J J J J J>> J 3 J J J J. J J J J J 7 7>> J J J J J J 3 J J J J J ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ LC/ 4D ID W IO t0 IO ID LID 10 to ID ID 10 b ID b W ID IO 10 ID ID ID lD IO IO ID ID LD lD IO IO IO 10 <O b ID b ID ID 10 IO IO l0 LID IO M M '(0 M M M m M M M M M M M AAAA M M M M (0 0> M M M M fn M M M M M (0 M AAAA M M M M M t+1 t+1 T M M M N 0 N N N IO IQ CCCCN N C N 0 N(0(0(0(00(0(0(0(0(0(0(0(0(0(0(0(0(00 C CCCCCGCCaaaCCCCCC CvCCCCCCCaaaaCaa5aCCCCCC aaa C m m v v m a m m v m v m a m m v m m v a m , m m- v v v m v m m m m m m m v m v m v v v m c v v a a 0 0 0 0 4 0 0 000 000 0 0 0 0 000 0 0 0 0 0 0 4 0 0 0 0 0 0.0 67,5',5',5353 0000 0 0 0' X 4 4 0 0 0 0 K C IY W' C K OC K K K 2 K 5 C OC K D: a: C C K IY K IY K O: CL C K C IY K C C K K K D: IY K OC K K C OC K 1' D: ¢ z z EEEEEE EEEEEEEEEE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E 44444-g4444444 JJJJJJJJJJJJ J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J 000000000000000000000000000000000000000000000000000 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 000000000000000000000000000000000000000000000000000 s¢ K C K GC K C K K K K K K K C K K K K K C K K K K 5 K K K K 5 K K K C IY C ID K K 5 C K K K K K C K K L L L L L L L.0 L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L .0 L L L L L L L L L L W 0 (30 J 00 130 J J J J 00 00 J > 0 0 J J 130 130 J J J 00 00 J J m m J J J 00 00 0000m00JJ000J0 J3J 00J0 J 130 00 N N N N N N N N N N N f0 N 10 10 10 N N N N N N N 1Oo. n n n n a n n a n n n n n n a n a a a a a n n n n n n n n n n n n a n a c. n a a n n n n a u n n n a `o `o `o `o `o `0 0 `o `o `o `0 0 o` 0 `o `o `o `0 `0 0 0 `o `o `o `o `o `o `0 `0 `o `o `0 0 `0 `0 `0 0` `o 0 0 0 0 0 0 0 0 0 0` 0 0` 0 2 C CC K K D: z¢ K K K C C K K ID 5 C K C K¢ K K K C K K K C K OC K C C K ID K K K C K K K C C K C C K C 01 01 01 a i i o i a a N N N o 10 i a o N o o a a a 0 10 d 10 01 01 d o d o o a 01 i N d d a d a a d N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 N N 555555555555ZZZZ5 5 5 5 5 5 5 Z Z Z Z Z5Z 5 Z Z5Z5Z Z Z5Z5Z Z5Z5Z5Z5ZZZZZZZZZZZZZZ ZZZZZZZZZZZZZ U u U U U .4.41)1) U U U U U U U U U U U U U U U U U U U U U U U U U U l) U U U U 0 U U U O D 0.00.000.) 00 W W W W W W w w ..... W W w W W W W D. W W W W W W W W LL W W U- LL u W ..... W W W W w w W W W 000.) u U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U a i 0. a a n w ww 0. a 0. a a 0. a d a d w w w 0. 0. 0. w a w w i a a d w wNNd a i a a a a a w w 0. 0. 0. aWa. n D. n n a n a D.0) 0NNNNNNV1NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNVINNNNNNNNNN C *8'8 N N C C C C N E. E. N C C C C N C C C C N N N N R C C C N N C C 0 C N N N N N N N C C C N N C C U:41 f63U U U U U U U U U U 3 3 V U U U U U U U U V U U U U 3 U 3 0f O .-I N M a N M a 10 <O1. W 0l 0 .1 N m N a N M a m a a a a 0 0 0 0 0 0 0 0 0 N .1 .i > 0 0 0 0 0 0000000000000000000000000 .1 .i .1 N N N N N N N N N N N(4 N N M M m m M n n n n . n n n 0. n n n n n n n n n n n n n n n n n n LnOtrluln n n n n n 01 n n n n n n n h n n n n n n n n n n M M M M V1 N V1 V1 N N N M 01 M M M N M M N M M N N N Ot dl Ot Ol Ot 01 T T 01 Ot Ol 01 Ol Ol Ol T Ot Ol al 01 T Ol Ol QI Qt 957713006 957713011 N1 (0 00 � m n n 001 01 957720001 N M a N 10 n CO 01 0 .-1 00000000.. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N (4 .4.4 (_4 N N n n n n n n n n n n n n n n n n n n n n N N N N N N 01 N N 01 01 01 01 01 0l 0l 01 01 01 01 957720012 (0 00 .4 (40) 0000 0 0 N N N N N n n n n n n n n n n N N N M 01 01 0lM O1 O1 957721004 0 W f ✓n 0) Q Z x z u5 Qo au u O W H t3 W 0: GENERAL PLAN DESCRIPTION ZONE DESCRIPTION EXISTING USE 0. 222222222222222222222222222222222222222222222222222 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a ..... . ! 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J J J J J J J J J >>> 7>> J J J J J DD J J J J J J J J J J J J J J J J J J J o o 0 m 0 0 o o o o Dm c J o o o o o m o o o 0 0 m 0 0 n 0 0 0 0 o o n 0 0 0 0 0 n o n a m 0 0 o o 0 m m lD 10 10 1D T T W W T .O T T T T l0 T l0 T 1D W 10 b T T b b l0 T T T W 1D t0 10 T l0 l0 b T 0. 10 10 10 10 b T b 10 10 T T m m m m m m m M m m m rt m (0 m m m m m m m m m m m m m m m m m m m m m r1 m m m m m m m m m m m m m m m m m m m m m m m m m m___ m m m m_____ m m m m__ F m m_ c c c c c c c c c c c `) . c c c c 0 c c c c c c c c c 0 0 0 == 0 0 0 0 0 0 0 0 0 c 0 0 c c 0 c N N N N 0 0 N N N N N N Y U N N N N 0 N N N N N N N N N N 0 N N N N N N 0 N N N N N N N N N N N N N N v v v 0 v v v a v 0 a v t 0 v v a v v v a v 0 v v v a 0 0 a a 0 a c 0 v v v 0 v a v v v v v ==========c,== E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E J J J J J J J J J J J J J J J J J J 17, J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J t t t v a v v v t t 0 a v v v v 0 0 v 0 v 0 0 v v a 'v 0 v v v v a 0 t t 0 0 0 t v 0 t 0 t v v 000000000000000000000000000000000000000000000000000 2 22 22 2222222 222 22222222222 22 22222222222222222222222 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00z z s z¢¢ d z z s z s¢ z z z ri s s z s s 00 a 00 z z z¢¢(0 s z z 00 c¢ 00 d z z z s z s s d z z s L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L. L L L L L L L 00 00 00 00 00 00 00 00 00 00 00 b0 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 13) 00 00 00 00 00 ISO 00 110 00 00 00 00 00 00 00 00)0000 J J 0 J 0 J J J J J 0 J J 0 0 J J J J 0 J J J J 0 J J J 0 0 J J J 0 0 0 0 0 J 0 0 J J N N N NCO N J J N CO CO CO CO N CO N a a a n n a n n COn COa COa COa a a n n CO COn COa COa COnnN n a COn COa COn a COn COn COn N a n n n n n COn COa N N n n n a COa n 000000000000000000000000000000000000000000000000005o s s s 1 1 cc z rr s c z D1 s cc 1 1 z s z z z 1 z 1 1 rc z z s z c¢ z z z c 1 d d a a a 0. a.. 12:- .1 .1.1 .. .. i � � .1 8_aDMMMIMMM MMM o MM a.I n.'i n.0 a N✓tVNNVNV1NNV1V1VV1V1NV1V1N NV1NVV1V1VNNVV1NVIVIV1VfVV1VNNNNV1NNNVVVN.i Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 5g33533555g53335333g5g55gg555353g35g555535g55355553 u U u U U U u u U u U U U U u u u U U u u U U U U U UUU U U U u L./UV U U U u u U U u U U U u U U U LL LL LL www LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL U U V U U U U U U U u U U U U U U U U U U u U. U U U U U U U U U U V U U U U U U V U U U U U U U U U U d W W W W W WW W N d C n n n n n n n n n n n n n n n n n C n n n a a N n 1 1 n N V1 V1 V1 V1 N N N V1 N VI N V1 N N VI VI VI VI VI V) V1 V1 V1 N V1 V1 ut N ✓1 N V1 VI N N N N N N N N N V1 V1 V1 VI Vf V1 V1 === C==== C C C=== C C== C C C C C== C C=== C C ttt''E0) 0=== C G C G== C G C G U U U U U U U U 3 3 U U 3 3 U 3 3 3 N U U 3 3 U U U LNI U E >> > > > > % > > > % > > > > > > > > > > > > > 3 %iii > 0 0 000 0 0.0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N 00 10. 00 00 00 00 00 00 00 00 00 00 00 00 00 10- 00 00 10- 00 V1 V1 01 V1 01 V1 Vl 01 Vl N DI 01 01 01 01 01 01 01 01 01 957721015 l0 h 00 0l O .-I N .0 N M a V1 .0 .-I .i N N N O O O O O 000000000000 N N N N N N N N N N N N N 00 00 00 10. 00 10. 00 00 00 00 00 00 h h h h h h h h h h h h V1 V1 V1 V1 V1 V1 V1 VI V1 V1 Vl 01 01 0l 0l 0l 01 01 01 01 M 01 01 01 957722006 O O O O.0 N M�.0.1 h 00 000000000000 104 104 (0 10) ('4 (9 104 104 ('4 (9 109 (9 109 (9 (0 (0 104 109 10) 104 <0 (4 109 (9 00 00 00 00 00 00 00 10. 00 00 00 00 00 00 00 00 00 00 00 00 10- 00 00 00 V1 V) V1 V1 Vl Vl V1 V1 V1 0 0 Vl 0) 01 01 01 01 01 0) 0) 0) 01 01 01 957722019 O .i !V m a V1 l0 h 00 01 O .i N N N N N N N N N N N m 0 0 0000000000000 ('4 (4 (0 104 ('4 (4 (4 (‚4 104 104 (0 (0 (0 ('4 (.1 (0 104 (4 ('4 (‚4 (‚4 104 104 (0 (0 (9 00 00 00 00 10- 00 00 00 00 00 10. 00 00 00 00 00 00 10- 10. 00 00 00 00 00 00 00 VILPOVIVIVIOOVIONNO 01 01 01 0l of 01 01 M 01 01 M 01 M 01 M 01 01 957723003 SITE CONSTRAINTS RHNA Met fi tib rn- to, in u � a ^ W CO 0 z 0 00 0 Z ZONE DESCRIPTION EXISTING USE 222222222222222222222222222222222222222222222222222 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a .+ M .i MMMMOMMMO .+ . 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J 33 J J J J J J J J J J J J J J J J m m ro m m m m m m m m m m n a n n n a a n n a a a n n n a a a d a a n a n n a n n n n `o `o `o `o `o `o `o `o `o `o `o `o `o `o o `o o` `o `o `o `000 `o o `o `o o `o o K K K C C K 00 K CC0: G OC OC K CC CCCCOC C a C CC0C C C CCK CC0: 0: N 0 .-I N hborhood Commercial& L.1 0 N N N .i .i .i.-1 II,ti .00 .00 . .i .i ti .00 .i .i - .i .i .i .i .i I -I- .i .I .i N H H N .i N 1-1 .i 11-1l N i N N N N .i N N .~i .i .i N H N N i d a 01 V1 01 V1 N 0I VI d 1 C C 00. d o_ i i a d iii 010. i d i d d i i d N N N VI V1 N N V1 VI V1 VI in inN V1 LO V1 VI VI V1 VI Vf Z Z Z Z Z Z Z z Z Z Z Z Z Z Z Z Z z Z Z Z Z Z Z ZZZZZZ Z 3553g555gg55335g33535553555353 5 d d d d d d 6 d d d d d d d d d d d d d d d 6 d d d d d d d d U U U U U U U U U U U U U O D U U U U U U U U U U U U V U U U LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL U U U U V U U U U U U U V U U U U U U U U U U U LJULJULJU U W W W W W W W aa a a W aa a 0.60-0-660-1616660.6 add d660 -0-60. a a d a a a d V1 N V1 N V1 N V1 N N ul ut V) VI VI N VI N N VI N V1 VI VI VI VI V1 01 . 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N N N N CO CO CO CO m (0 (0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 > O Q a a a a a a a a a a a 00 00 00 m co co CO 00 10 b 10 b b OOi 00 a s 10 CO'0 N N r r r r r r r r r r r .i N N .+ N .-I a a a a .i m M a • 0 I, r r r r r r r r r r a a a a a a a a a a a a 7 a n r a a .i L/1 m m m m m m m m m m m m CD Oal Obi CD 0011 O1 T T 0011 1010 Obi 001 ONl OW1 011 VLO di 001 962010007 SP•13 liarveston 0 0 0 0 0 0 0 E E U 0 Service Comme Service Commer Service Commer Service Commer Service Commer Service Commerc O 0010000 O 0 O 0 0 0 0 101 fa f0 IO 1.0 fa Z Z f0 IO 2 x x x x x x x I RI • m m m CO m m • N N N N d a d i d d i N VI VI VI VI N VI d d d d d d 0- L./ O D U U U U LL 0000 VI VI VI N Vl VI VI 916400013 C C C C N 916400018 916400025 10 0] N ;c-°' > > > 916400029 916400030 916400031 916400032 N J C � O L 9 > v C J ❑ a" City of Temecula Community Development Planning Division Notice of Proposed Negative Declaration PROJECT: 2014 - 2021 City of Temecula Housing Element Update APPLICANT: City of Temecula LOCATION: Citywide City of Temecula, County of Riverside DESCRIPTION: The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State's major housing goal. Recognizing the important role of local planning programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a housing element as part of their comprehensive General Plans. Recent changes to state housing element law require all cities and counties to update their Housing Elements at least every eight years to reflect the community's changing needs. This update covers the 2014-2021 planning period, pursuant to the fifth update cycle for jurisdictions within the Southern California Association of Governments (SCAG) region. The Temecula Housing Element was first adopted in 1993 and was updated in 2003 as part of a Comprehensive General Plan Update, and again in 2010 for the prior update cycle. In accordance with State law, the City's draft Housing Element Update for the fifth cycle (2014-2021) contains the following components: • An analysis of the demographic, household, and housing characteristics and trends; • A review of potential market, government, and environmental constraints to meeting the City's identified housing needs; • An evaluation of the land, financial and administrative resources available to address housing needs; • An evaluation of accomplishments under the adopted Housing Element; • A housing plan to address the City's identified housing needs, including housing goals, policies, and programs. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Negative Declaration for this project. The comment period for this proposed Negative Declaration is December 16, 2013 to January 14, 2014. All comments received will be considered by the City of Temecula prior to adoption. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, 41000 Main Street, Temecula, CA 92590. The public notice of the intent to adopt this Negative Declaration is provided through: ®The Local Newspaper ❑Posting the Site ❑Notice to Adjacent Property Owners If you need additional information or have any questions concerning this project, please contact Dana Weaver, Project Planner at (951) 693-3928. Prepared by: (Signature) eft— Associate Planner (Title) City of Temecula 41000 Main Street, Temecula, CA 92590 Environmental Checklist Project Title 2014-2021 Housing Element Update Lead Agency Name and Address City of Temecula 41000 Main Street, Temecula, CA 92590 Contact Person and Phone Number Dana Weaver, Project Planner (951) 693-3928 Pr ject Location Citywide, City of Temecula, Southwest Riverside County Project Sponsor's Name and Address City of Temecula General Plan Designation Not Applicable Zoning Not Applicable Description of Project The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State's major housing goal. Recognizing the important role of local planning programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a housing element as part of their comprehensive General Plans. Recent changes to state housing element law require all cities and counties to update their Housing Elements at least every eight years to reflect the community's changing needs. This update covers the 2014-2021 planning period, pursuant to the fifth update cycle for jurisdictions within the Southern California Association of Governments (SCAG) region. The Temecula Housing Element was first adopted in 1993 and was updated in 2003 as part of a Comprehensive General Plan Update, and again in 2010 for the prior update cycle. In accordance with State law, the City's draft Housing Element Update for the fifth cycle (2014-2021) contains the following components: • An analysis of the demographic, household, and housing characteristics and trends; • A review of potential market, government, and environmental constraints to meeting the City's identified housing needs; • An evaluation of the land, financial and administrative resources available to address housing needs; • An evaluation of accomplishments under the adopted Housing Element; • A housing plan to address the City's identified housing needs, including housing goals, policies, and programs. The Housing Programs included in the draft 2014-2021 Housing Element Update require minimal amendments to the City's Zoning Code. First, the Housing Element Update requires that the City incorporate into the Zoning Code the already -applicable, State - mandated density bonus provisions set forth in Government Code Section 65915. Second, the Housing Element Update requires that the City formalize existing Zoning Code provisions regarding density incentives in the High Density Residential and Professional Office 2 zones by creating an Affordable Housing Overlay Zone. Although Municipal Code Section 17.10.020(M)(3) already includes this type of density incentive for affordable housing, the new Affordable Housing Overlay Zone will more clearly establish when the maximum thirty units per acre will apply to High Density Residential and Professional Office zones. Finally, the Housing Element requires that the City clarify that transitional and supportive housing must be treated as residential uses subject only to the same restrictions applicable to other residential dwellings of the same type in the same zone. Surrounding Land Uses and Setting The City of Temecula is located in southwest Riverside County, surrounded by the communities of Murrieta, Fallbrook, Winchester, Rainbow, as well as unincorporated areas of Riverside County. Surrounding land uses include open space, agricultural, residential, commercial, and industrial uses. Other Public Agencies Whose Approval California Department of Housing and Community Development is Required (HCD) 2 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture and Forestry Resources Noise Air Quality _ Population and Housing Biological Resources Public Services Greenhouse Gas Emissions Recreation Cultural Resources Transportation and Traffic Geology and Soils Utilities and Service Systems Hazards and Hazardous Materials F" Mandatory Findings of Significance None Hydrology and Water Quality Land Use and Planning Determination (To be completed by the lead agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT NEGATIVE DECLARATION will be prepared. have a significant in DECLARATION a significant a significant effect on the environment, and a effect on the environment, there will not the project have been made by or agreed to by will be prepared. find that although the proposed project could have be a significant effect in this case because revisions the project proponent. A MITIGATED NEGATIVE I find that the proposed project MAY have ENVIRONMENTAL IMPACT REPORT is required. effect on the environment, and an I find that the proposed project MAY have a "potentially unless mitigated" impact on the environment, but an earlier document pursuant to applicable legal measures based on the earlier analysis as described IMPACT REPORT is required, but it must analyze at least standards, only a and including is required. significant impact" or "potentially significant one effect 1) has been adequately analyzed in and 2) has been addressed by mitigation on attached sheets. An ENVIRONMENTAL the effects that remain to be addressed. I find that although the proposed project could have potentially significant effects (a) have been analyzed DECLARATION pursuant to applicable standards, that earlier EIR or NEGATIVE DECLARATION, imposed upon the proposed project, nothing further significant effect on the environment, because all adequately in an earlier EIR or NEGATIVE (b) have been avoided or mitigated pursuant to revisions or mitigation measures that are Signature Dana Weaver Printed Name 3 lz/iz1i3 Date City of Temecula For 1. AESTHETICS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Have a substantial adverse effect on a scenic vista? b Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c Substantially degrade the existing visual character or quality of the site and its surroundings? X d Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Comments: 1.a -d. No Impact: The proposed project is the adoption of the 2014-2021 Housing Element update, which is a document that describes how the City will meet the requirements of State law to provide adequate housing opportunities for households of all income levels. The 2014-2021 Housing Element update is primarily a policy document, which does not allow for increased density above the already existing allowable density or authorize any specific development project. First, the City's draft 2014-2021 Housing Element Update requires that the City incorporate already applicable State -mandated density bonus provisions into the City's Zoning Code. These State density bonus provisions, codified in Government Code Section 65915, are already applicable to the City, even though the provisions are not expressly incorporated into the City's Municipal Code. Thus, by incorporating the provisions into the Municipal Code, the City is not increasing the allowable density for development above what is already required by State law and allowed by the City. Second, the Housing Element Update requires that the City adopt an Affordable Housing Overlay Zone. This new overlay zone will formalize the density incentives for affordable housing in the High Density Residential and Professional Office zones that are already included in existing Municipal Code Section 17.10.020(M)(3)(a). Under existing Municipal Code Section 17.10.020(M)(3)(a), affordable housing projects in the High Density Residential and Professional Office Zoning districts may have a maximum density of thirty units per acre. The new Affordable Housing Overlay zone that the Housing Element Update requires that the City adopt merely formalizes this density incentive. Thus, the Housing Element update does not increase allowable density above the level already authorized by the existing Zoning Code. Scenic vistas can be impacted by development in two ways. First, a structure may be constructed that blocks the view of a vista. Second, the vista itself may be altered (i.e., development on a scenic hillside). The primary scenic vistas in the City of Temecula are of the surrounding hillsides. In some cases, these views of the hillsides are generally obstructed by trees, utility poles, and other buildings. Future housing development could also result in new sources of lighting. Typical light sources from a single-family home would be outdoor security lighting. Multiple -family residential and mixed-use developments would generally include outdoor security lighting and parking lot lights, depending on the type of development. Review of lighting associated with future housing development will be required through the development review process. Light spillover and glare is typically prevented by requiring lights to be designed to prevent the light from shining directly onto surrounding property. Compliance with existing City practices, procedures, and policies for lighting will ensure that lighting and glare impacts associated with potential new development are less than significant. Furthermore, review of site design, landscaping, and architectural design will also be required to ensure compliance with development standards established by the City to ensure visual compatibility, protection of scenic vistas and scenic resources, and avoidance of light and glare effects on adjoining properties. 4 Adoption of the proposed 2014-2021 Housing Element Update does not allow for additional density or authorize any new development or construction. Therefore, the Housing Element Update would not affect a scenic vista, damage scenic resources, degrade the existing visual character or quality of the site or its surroundings, or create a new source of light or glare (or interfere with nighttime use of the Mount Palomar Observatory), and, as such, would not result in any impacts to aesthetics. 5 2. GRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? X d Result in the loss of forest land or conversion of forest land to non -forest use? X e Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? X Comments: 2.a. No Impact: The proposed project will not result in the conversion of Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agricultural uses. As noted in Figure OS -3 of the Open Space Element of the City's General Plan, the City of Temecula contains negligible amounts of Prime Farmland, Unique Farmland or Farmland of Statewide Importance. The adoption of the proposed Housing Element Update will not have any impacts to Farmland. The project does not involve changes in the existing environment that would result in the conversion of Farmland to a non-agricultural use. The project does not propose any zone changes to agriculturally zoned properties, and none of the existing vacant or underutilized sites identified in the Housing Element Update are intended to be used for an agricultural use. As a result, no impacts are anticipated. 2.b. No Impact: Williamson Act contracts are located throughout much of the land directly north and east of the City limits. This land is used as vineyards or as citrus and avocado groves, and is designated as a Rural Preservation Area in the Land Use Element of the City's General Plan. However, there are no sites regulated by Williamson Act contracts located within the City limits; therefore, all sites analyzed and identified in the Housing Element will not conflict with existing zoning of agricultural use, or a Williamson Act contract. As a result, no impacts are anticipated. 6 2.c -d. No Impact: Public Resources Code Section 12220(g) identifies forest land as land that can support ten percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. No area within the City of Temecula is currently being managed or used for forest land as identified in Public Resources Code Section 12220(g). The USDA Forest Service vegetation maps identify most of the City as urban, herbaceous, or shrub type indicating that it is not capable of growing industrial wood tree species. Portions of the City are designated as riparian scrub, woodland forest habitat. These areas of vegetation are primarily located within drainage, hillside, and other similar areas within the City. No new development opportunities to these areas would be facilitated due to the Housing Element Update beyond that which is currently allowed. All of the identified sites are located entirely or primarily within areas designated as urban, herbaceous, or shrub type. Therefore, this project will have no impact to any timberland zoning or loss of forest land. 2.e. No Impact: There are no agricultural operations or timberland production operations within the City. The project does not propose any changes to land use policies or zoning that protects hillside areas. No impact related to the conversion of agricultural lands or forest land could occur. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Conflict with or obstruct implementation of the applicable air quality plan? X b Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X X c Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d Expose sensitive receptors to substantial pollutant concentrations? X e Create objectionable odors affecting a substantial number of people? X Comments: 3.a. No Impact: The City of Temecula is located within the South Coast Air Basin (SCAB) under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). SCAQMD and the Southern California Association of Governments (SCAG) are responsible for formulating and implementing the Air Quality Management Plan (AQMP) for the Basin. The AQMP is a series of plans adopted for the purpose of reaching short- and Tong -term goals for those pollutants. The Basin is designated as a `nonattainment' area because SCAQMD does not meet Federal and/or State ambient air quality standards. To determine consistency between the project and the AQMP, the project must comply with all applicable SCAQMD rules and regulations, comply with all proposed or adopted control measures, and be consistent with the growth forecasts utilized in preparation of the Plan. Accordingly, conformance with the AQMP for development projects is determined by demonstrating compliance with local land use plans and/or population projections or evaluation of assumed emissions. The City of Temecula's General Plan Air Quality Element establishes a policy foundation to implement local air quality improvement measures and supports the regional AQMP which is the primary tool for achieving State and Federal air quality standards for this area. The proposed Housing Element Update does not conflict with, or obstruct implementation of, the applicable air quality plan. The 2014-2021 Housing Element update is primarily a policy document, which does not allow for increased density above the already existing allowable density or authorize any specific development project. The proposed Housing Element Update does not propose densities higher than is already permitted in the existing General Plan that could result in a greater increase in population and households over that contemplated in the RTP and AQMP. These increases are within the growth assumptions estimated by SCAG and therefore would not result in a substantial conflict with or obstruction of the AQMP. No impact is anticipated. 3.b. Less than Significant Impact: Because the proposed Housing Element Update does not authorize additional density or land uses, authorize any specific development project, or allow for any land altering activity that would involve construction of new or redevelopment housing, it will not result in any emissions that could contribute to an existing or potential violation of an air quality standard. The Housing Element Update would have no effect on the City's rules and procedures governing assessment or control of air pollutant emissions. 8 3.c. Less Than Significant Impact: The SCAQMD has prepared an Air Quality Management Plan to set forth a comprehensive and integrated program that will lead the Basin into compliance with the federal 24-hour PM2.5 air quality standard, and to provide an update to the Basin's commitments toward meeting the federal 8 - hour ozone standards. The Basin is currently in nonattainment for State and Federal criteria pollutants ozone, nitrogen dioxide and fine particulate matter (PM2.5 and PM10). All future developments will be required to comply with SCAQMD rules and regulations aimed at reducing construction -related pollutant emissions, including fugitive dust and other particulates, as well as reactive organic compounds and other ozone precursors found in paints and a variety of coatings. Considering that the proposed Housing Element Update is consistent with the development projections of the Temecula General Plan and the breadth of existing standards and regulations, implementation of the proposed housing policies and implementation programs of the Housing Element update would not change or otherwise interfere with the regional pollutant control strategies of the AQMP. The 2014-2021 Housing Element update does not allow for increased density above the already existing allowable density or authorize any specific development project. The project's impact on cumulative levels of regional ozone or particulates is therefore less than significant. 3.d. Less Than Significant Impact: Common sensitive receptors include children under age 14, the elderly over age 65, athletes, and people with cardiovascular and chronic respiratory diseases. The 2014- 2021 Housing Element update is primarily a policy document, which does not allow for increased density above the already existing allowable density or authorize any specific development project. In general, the City will ensure that any future housing projects provide adequate protection from any local air pollution sources. Because it does not authorize additional density or any specific development projects, the Housing Element will not have any significant impacts on sensitive receptors. 3.e. Less than Significant Impact: Residential land uses typically do not create objectionable odors. Objectionable odors are typically associated with agricultural and heavy -manufacturing activities. A common potential source of odor from residential development projects comes from outdoor solid waste disposal bins. In accordance with current practices, all residential waste will be disposed of in covered receptacles and routinely removed, thereby limiting the escape of odors to the open air. No new odor sources would result from adoption of the Housing Element Update because it does not authorize any additional density, the construction of any new housing project, or redevelopment of existing housing. Furthermore, the updated element would not authorize any relaxation or elimination of current requirements for proper waste storage and disposal for housing -related development projects. Therefore, the potential for the project to create objectionable odors is less than significant. 9 4. BIOLOGICAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? 1 X c Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Comments: 4.a. Less Than Significant Impact: The City of Temecula has numerous sites that are vacant and undeveloped identified in Appendix B of the Housing Element Update. The potential does exist for residential development to impact sensitive species or sensitive species habitat. However, the 2014-2021 Housing Element update does not allow for increased density above the already existing allowable density or authorize any specific development project. Any impacts related to future development will be reduced to a less than significant level with the implementation of existing federal, State, regional, and local habitat and species protection programs, as well as the policies of the General Plan and mitigation included in the EIR that require analysis of development impacts on sensitive species and habitat. The proposed Housing Element Update would not designate any sites that are not already designated for residential development, nor increase the intensity of development in any area. Therefore, the proposed Housing Element Update would not increase any impacts on sensitive species or habitat. 4.b -c. Less Than Significant Impact: A variety of drainages cross the City of Temecula originating from the surrounding hills. According to the United States Fish and Wildlife Service, wetlands are present within the City. These impacts were analyzed in the City of Temecula's General Plan EIR and were determined to be less than significant with the implementation of existing Federal and State programs, in particular Sections 401 and 404 of the U.S. Clean Water Act, and Section 1602 of the California Fish and Wildlife Code. The proposed Housing Element Update would not designate any sites that are not already designated for residential 10 development, nor increase the intensity of development in any area. Therefore, the proposed Housing Element Update would not increase any impacts on riparian habitat or wetlands. 4.d. Less Than Significant Impact: There are a variety of birds that migrate seasonally through the City as well as certain birds that permanently reside locally. Pursuant to the Migratory Birds Treaty Act (MBTA), any construction that occurs during breeding season (between February 15 and August 15) would require surveys for MBTA species and other special status species to determine if any such species exist on an individual development site and appropriate mitigation measures if deemed necessary. The proposed Housing Element Update would not designate any sites that are not already designated for residential development, nor increase the intensity of development in any area. Therefore, the proposed Housing Element Update would not increase any impacts on migration. 4.e. Less Than Significant Impact: The City of Temecula has a local Heritage Tree Ordinance and other local policies or ordinances protecting biological resources. Its purpose is primarily for preservation of aesthetic and City character. Continued implementation of the Heritage Tree Preservation Program on individual projects would ensure that future housing developed pursuant to Housing Element policy would not conflict with any local policies and Tess than significant impacts will occur. 4.f. Less Than Significant Impact: The City is located within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) area, and all development projects require review for consistency with the Western Riverside County MSHCP. The MSHCP is intended to conserve biological resources within the western Riverside County region by establishing a network of conservation areas. This network would comprise lands already publicly owned and set aside for conservation as well as additional lands identified for conservation on individual development projects located within conservation Criteria Cells. Any development located within MSHCP conservation Criteria Cells will require review for determining if conservation is required within the project area to contribute to the conservation network. In addition, as discussed previously in Section 4.a, individual development projects will require review for sensitive species and habitat in accordance with the MSHCP. The City is also located partially within the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR HCP), which is intended to preserve habitat for the federally -listed endangered species and state - listed threatened species. The plan requires development specific analysis for presence of the species or habitat and the payment of an impact mitigation fee for properties located within the SKR HCP area. The 2014-2021 Housing Element update does not allow for increased density above the already existing allowable density or authorize any specific development project. Thus, with the continued implementation of the MSHCP by the City through the development review process, less than significant impacts will occur. 11 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? c Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? X Comments: 5.a. Less Than Significant Impact: A variety of historical resources exist within the City as identified in the City's General Plan EIR. As is analyzed in the EIR, development pursuant to the General Plan would result in less than significant impacts with implementation of existing Federal, State, and local regulations pertaining to historical resources, as well as policies included within the General Plan. The proposed Housing Element Update would not designate any sites that are not already designated for residential development, nor increase the intensity of development in any area. Therefore, the proposed Housing Element Update would not increase any potential impacts on historical resources. . 5.b -c. Less than Significant Impact: As noted in the City's General Plan EIR, given the area's previous habitation by the Luiserio people and geological conditions, there is a moderate to high likelihood for both archaeological and paleontological resources to exist within undeveloped areas within the City. The Housing Element update does not designate any sites that are not already designated for residential development, nor increase the intensity of development in any area. In addition, the Housing Element update does not authorize any specific development. Thus, the Housing Element Update will not result in a substantial adverse change in the significant of a historical resource. In general, the City of Temecula works closely with the Pechanga Band of Luiseno Indians to ensure the appropriate level of cultural conditions of approval are placed upon each project and/or that mitigation measures are sufficient to preserve and protect sensitive cultural resources. The City determines mitigation and/or conditions of approval that would be required for each project after completing an environmental analysis which includes consultation with Pechanga. The proposed Housing Element Update will not increase any potential impacts on archaeological or paleontological resources. 5.d. Less than Significant Impact: It is possible that unknown human remains could be located in undeveloped areas that could be unearthed by development. If proper care is not taken during future housing project construction, particularly during excavation activities, damage to or destruction of these unknown remains could occur. To ensure that any such materials or human remains, if found, are properly identified (and the resource recovered, if necessary), before grading or other earthmoving activities proceed in that immediate area, the City's General Plan EIR provides mitigation for halting grading activities and proper notification pursuant to California Health and Safety Code Section 7050.5 would occur. The 2014-2021 Housing Element update does not allow for increased density above the already existing allowable density or authorize any specific development project. With the implementation of existing City regulations and General Plan EIR mitigation measures, impacts of any future development to buried remains would be less than significant. 12 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: X i Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii Strong seismic ground shaking? X iii Seismic -related ground failure, including liquefaction? Landslides? X X iv b Result in substantial soil erosion or the loss of topsoil? _ _ X c d Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X X Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X Comments: 6.a.i Less Than Significant Impact: Temecula is located in seismically active southern California and does contain Alquist-Priolo Earthquake Fault Zones and other identified faults associated with the Elsinore fault system. Future housing development will be subject to all applicable City, State, and local building regulations, including the California Building Code (CBC) seismic standards adopted by the Temecula City Council and implemented by the City of Temecula Building & Safety Division. The 2014-2021 Housing Element update is primarily a policy document, which does not allow for increased density above the already existing allowable density or authorize any specific development project. Since it does not authorize any additional density or development, impacts of the Housing Element update will be less than significant. 6.a.ii. Less Than Significant Impact: Ground shaking can vary greatly due to the variation in earth properties. The City is subject to strong ground shaking, as is the entirety of southern California. Various strands of the Elsinore fault underlie the City. These faults, in addition to other regional faults, are likely to produce earthquakes during the life of the project. All future projects would be susceptible to ground shaking during a seismic event and could expose persons and structure to potentially medium to strong seismic ground motion. As such, all future projects could result in a potentially significant impact with respect to strong ground shaking. Nonetheless, as discussed above, all future projects would be designed and constructed in compliance with all applicable City and State codes and requirements, including those established in the California Code of Regulations, Title 24, Part 2, Volume 2. The CBC regulations are designed to protect building occupants and limit the damage sustained by buildings during seismic events. Use of these requirements is further supported by policies in the General Plan. Since the Housing Element update does not allow for increased density above the already existing allowable density or authorize any specific development project, it will not have any impacts to ground shaking. In addition, the application of the above-mentioned codes and policies will reduce impacts to all future residential development due to strong ground shaking to a less -than -significant level. 13 6.a.iii. Less Than Significant Impact: Liquefaction is a phenomenon that occurs when soil undergoes transformation from a solid state to a liquefied condition due to the effects of increased pore -water pressure. This typically occurs where susceptible soils (particularly the medium sand to silt range) are located over a high groundwater table. Affected soils lose all strength during liquefaction and foundation failure can occur. Portions of the City with high groundwater are noted as being susceptible to possible ground failure due to liquefaction hazards as noted in the City's General Plan. The City recognizes the potential impacts to housing and therefore the Municipal Code requires site specific studies for liquefaction potential and analysis of site specific design measures to limit liquefaction potential to an acceptable level in accordance with the CBC. However, if analysis on a specific site determines liquefaction may be potential, appropriate measures that reduce the ground -shaking and liquefaction effects of earthquakes are identified in the CBC. The Housing Element Update does not authorize any new construction, nor does it designate any sites that are not already designated for residential development or increase the intensity of development in any area. All future developments will be subject to the City's standard environmental review process for evaluation of liquefaction potential and other geologic hazards. Considering implementation of existing policies and standards, impacts associated with liquefaction or other ground failure will be Tess than significant. 6.a.iv. Less than Significant Impact: Potential landslide conditions exist in hillside areas in southwest Temecula where existing slopes are greater than fifteen percent. Landslides have historically occurred during rainstorms and earthquakes, causing steep slopes to fail. Slope failure can cause damage to structures above and below the toe of a slope. No land use changes or additional density allowances are proposed by the Housing Element Update in the hillside areas where landslides are identified as a risk. Implementation of existing California Building Code and City practices and policies related to landslides during the environmental review process will assure that appropriate design measures and mitigation is incorporated where necessary. Implementation of these existing regulations and policies would reduce potential landslide impacts to be less than significant. 6.b. Less Than Significant Impact: The project does not propose or authorize any particular housing development. All future residential projects are subject to environmental and engineering review, including assessment and mitigation of soil erosion. During any construction activities, there is the potential to expose surficial soils to wind and water erosion during construction activities. Wind erosion is required to be minimized through soil stabilization measures required by South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust), such as daily watering. Water erosion will be prevented through the City's standard erosion control practices required pursuant to the California Building Code and the National Pollution Discharge Elimination System (NPDES), such as silt fencing or sandbags. Since the Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, impacts related to soil erosion would be less than significant with implementation of existing regulations. 6.c. Less Than Significant Impact: Impacts related to liquefaction and landslides are discussed above. Lateral spreading is the downslope movement of surface sediment due to liquefaction in a subsurface layer. The downslope movement is due to gravity and earthquake shaking combined. Such movement can occur on slope gradients of as little as one degree. Lateral spreading typically damages pipelines, utilities, bridges, and structures. Future development within the City would be subject to less than significant impacts from liquefaction and other settlement hazards due to the requirement for geotechnical engineering and soils reports. The CBC includes a requirement that any City approved recommendations contained in a development's soil report be made conditions of the building permit. Standard engineering techniques are required, as appropriate, to guard against seismic -related hazards. Such techniques include excavation of collapsible soils and import of suitable fill material and foundation design methods that remain stable under settlement conditions. Impacts related to soil instability will be less than significant with the continued implementation of these regulations and practices. 6.d. Less Than Significant Impact: The CBC requires special design considerations for foundations of structures built on soils with expansion indices greater than twenty. Presence of such soils, and identification of measures to eliminate this constraint such as removal and replacement with suitable engineered materials, 14 will be determined through site-specific geotechnical evaluations to be conducted as part of the City's routine development review procedures. The physical construction of housing (or any permitted use) would necessitate further CEQA analysis to determine any geology or soils impacts, if any, which may or may not arise with a proposed development. Such routine procedures will apply to all future development projects including residential projects. Compliance with CBC requirements would limit hazards related to expansive soil to Tess than significant, and no mitigation is required. 6.e. Less Than Significant Impact: The City of Temecula has been developed with urban uses for many years, and a sewer system has been integrated into the infrastructure throughout most of the City. However, some more rural portions of the City are currently served by individual septic systems. Development in these areas at the intensities allowed by the General Plan would require that these projects connect to and utilize public sewer systems. The Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, including the rural portions of the City using septic systems. Any future septic systems will be required to meet City requirements for septic systems included of the City's Municipal Code. Thus, less than significant impacts relative to the use of septic tanks or alternative waste water disposal systems will result. 15 7. GREENHOUSE GAS EMISSIONS. Would the project: Issues and Supporting Information Sources Potentially Significant Fact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse _gases? X Comments: 7.a -b. Less Than Significant Impact: Climate change is the distinct change in measures of climate for a long period of time. Climate change is the result of numerous, cumulative sources of greenhouse gas emissions all over the world. Natural changes in climate can be caused by indirect processes such as changes in the Earth's orbit around the sun or direct changes within the climate system itself (i.e. changes in ocean circulation). Human activities can affect the atmosphere through emissions of greenhouse gases (GHG) and changes to the planet's surface. Human activities that produce GHGs are the burning of fossil fuels (coal, oil and natural gas for heating and electricity, gasoline and diesel for transportation); methane from landfill wastes and raising livestock, deforestation activities; and some agricultural practices. Greenhouse gases differ from other emissions in that they contribute to the "greenhouse effect." The greenhouse effect is a natural occurrence that helps regulate the temperature of the planet. Future development projects can result in short- term and long-term greenhouse gas emissions. Project short-term greenhouse gas emissions often result from construction. Greenhouse gas emissions will be released by equipment used for demolition, grading, paving, and other building construction activities. Long-term greenhouse gas emissions can result from development projects that result in continuous GHG emissions from mobile sources, including vehicle trips to and from development projects, will result primarily in emissions of CO2, with minor emissions of CH4 and N20. The most significant GHG emission from natural gas usage will be methane. To address operational emissions from a typical development project, an air quality modeling analysis is typically performed to determine if a project could regionally or locally cause a violation of any air quality standard. Since the Housing Element Update is a policy document that does not alter any growth projections, allow for additional density, or authorize any new development, no new impacts will occur. Therefore, no new or more significant impacts relative to GHG emissions would result from implementation of the Housing Element Update. 16 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potentially Significant Im.act Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? b c d Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to thepublic or the environment? X e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Comments: 8.a. No Impact: The proposed Housing Element Update would not conflict with any hazardous materials regulations and would not exempt any future housing from the City's programs to control and safely dispose of hazardous materials and wastes or to reduce the volume of wastes requiring landfill disposal. The Temecula 2014-2021 Housing Element is a policy and programmatic document intended to facilitate maintenance of the existing housing stock and production of new housing to meet the targeted housing needs of the community. Residential development does not require and is not expected to require the manufacturing, use, transportation, disposal, or storage of dangerous quantities of hazardous materials. Residential uses do not generate hazardous wastes or emissions, except for very small quantities of typical household cleaning agents, automotive maintenance products, paints, pesticides, and herbicides. The proposed Housing Element Update would not conflict with any hazardous materials regulations, and would not exempt any future housing from the City's programs to control and safely dispose of hazardous materials and wastes or to reduce the volume of wastes requiring landfill disposal. In addition, the Housing Element Update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area. Thus, no impact will result. 17 8.b. Less Than Significant Impact: Upon completion of construction, future residential development would not generate hazardous air emissions, and would not involve the handling of any acutely hazardous substances or wastes. With regard to construction, development may involve demolition of existing structures. SCAQMD Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities) requires work practices that limit asbestos emissions from building demolition and renovation activities, including the removal and disturbance of asbestos containing materials (ACM). This rule is generally designed to protect uses and persons adjacent to demolition or renovation activity from exposure to asbestos emissions. Rule 1403 also establishes surveying and notification procedures, removal procedures, handling operations, and warning label requirements. All future developments will be subject to the City's standard environmental review process for evaluation of hazards. That said, the Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, nor does it authorize any specific construction. Thus, impacts associated with asbestos hazards will be less than significant. Exposure of construction workers to lead-based paint during demolition activities is also of concern, similar to exposure to asbestos. If lead contamination exists on future housing sites, 8 CCR Section 532.1 (California Construction Safety Orders for Lead) is applicable to the demolition of all existing structures requiring exposure assessment and compliance measures to keep worker exposure below action levels. Any future development will be subject to Title 22 requirements for the disposal of solid waste contaminated with excessive levels of lead. Since the Housing Element update does not authorize any additional density or construction, impacts due to lead exposure and contamination will be less than significant. 8.c. Less than Significant Impact: Residential development does not require and is not expected to require the manufacturing, use, transportation, disposal, or storage of dangerous quantities of hazardous materials. As discussed in Section 8.b, existing regulations address potential off-site construction -related hazards associated with demolition of the existing onsite structures. Impacts would be less than significant with implementation of existing regulations listed in Section 8.b. 8.d Less Than Significant Impact: Areas identified in the Housing Element Update are not listed as a hazardous waste and substance site by the Department of Toxic Substances Control (DTSC), listed as an open case leaking underground storage tank (LUST) site by the State Water Resources Control Board (SWRCB), listed as a hazardous solid waste disposal site by the SWRCB and CaIEPA, currently subject to a Cease and Desist Order (CDO) or a Cleanup and Abatement Order(CAO) as issued by the SWRCB, or developed with a hazardous waste facility subject to corrective action by the DTSC. Any future development will be subject to the City's standard environmental review that will include identification of any contaminated site possibly not already identified and implementation of appropriate cleanup and disposal procedures. Since the Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, less than significant impacts related to contaminated sites will occur. This is consistent with the policies of the General Plan Public Safety Element and the Housing Element Update does not propose changes to these safety measures. Impacts will be less than significant. 8.e -f. Less Than Significant Impact: A portion of the City lies within the French Valley Airport Compatibility Zone (Zone E). Airports are industrial uses and have the potential to create safety hazards related to aircraft activity; however, the risks of aircraft accident occurrence are reduced by policies limiting the height of structures, trees, and other objects that might penetrate airport airspace as defined by Federal Aviation Regulations, and as adopted by the City's General Plan and the Riverside County Airport Land Use Commission. When projects are proposed within the French Valley Airport Land Use Compatibility Zone, the Riverside County Airport Land Use Commission reviews the project to ensure the safety of people residing and working in the airport vicinity. The Housing Element update does not designate any sites in Zone E for residential development that are not already designated for residential development, nor does it increase the intensity of development in any area of the City. Individual development projects will continue to be required to analyze the potential project -specific impacts related to the hazards of airstrip pursuant to FAA standards and guidelines for obstruction evaluation and any other pertinent standards and guidelines as is noted in the City's 18 General Plan EIR. With the implementation of these existing standards and guidelines, impacts would be less than significant. 8.g. Less Than Significant Impact: The Housing Element Update will not change or interfere with the emergency response plans of the City and the project components do not propose any alteration to vehicle circulation routes that could interfere with such plans. In accordance with City policies, the City will review all development proposals to determine the possible impacts of each development on emergency services. Impacts will be less than significant. 8.h. Less Than Significant Impact: A small portion of Temecula is located within a High Fire Hazard Severity Zone (FHSZ) pursuant to the latest maps prepared by the California Department of Forestry and Fire Protection (CALFIRE). If any construction of residences were proposed within the FHSZ, the project will be required to comply with California Building Code requirements for fire protection in areas prone to wildfires, in particular Section 701A that will require construction with fire resistant materials and methods to minimize property damage. Fire protection services would also continue to be provided for residences in the City and is further discussed in Section 4.14. With the implementation of existing building code requirements and adequate fire protection services, impacts from wildfire on future residential development pursuant to the policies of the Housing Element and in accordance with the Land Use Element would be less than significant. 19 9. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X X No Impact a Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? b c Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f Require the preparation of a project -specific WQMP? X g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X Inundation b seiche, tsunami, or mudflow? X Comments: 9.a. Less Than Significant Impact: The Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, nor does it authorize any specific construction. The Housing Element update does not change or conflict with water quality regulations or any waste discharge standards. All new development projects must comply with the City's local procedures to control storm water runoff to prevent violations of regional water quality standards, in accordance with its co -permittee obligations under the countywide municipal storm water permit program, a component of the National Pollutant Discharge Elimination System (NPDES) program of the federal Clean Water Act. All future residential development must connect to sewer or adequate septic system as appropriate; direct discharges of wastewater to surface or ground waters would not be permitted. A Tess than significant impact will occur from the adoption of the Housing Element update. 9.b. Less Than Significant Impact: If the project removed an existing groundwater recharge area or substantially reduced runoff that results in groundwater recharge, a potentially significant impact could occur. 20 The Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area. The Housing Element update does not authorize any specific development project, nor does it install any groundwater wells, or withdraw any groundwater. Future development is not anticipated to substantially interfere with groundwater recharge, because the City requires that storm water run-off in excess of existing conditions be directed to retention basins where the water will percolate into the ground, thereby recharging subsurface aquifers. Impacts related to groundwater recharge and depletion will be less than significant. 9.c. Less Than Significant Impact: A significant impact would occur if the proposed project substantially altered the drainage pattern of an existing stream or river so that erosion or siltation would result. Various drainages traverse Temecula originating from the surrounding hillsides generally towards several main surface water bodies. The project proposes no changes to any stream, river or other drainage path. With regard to future development projects, site drainage plans are required by the City and will be reviewed by the City Engineer. The final grading and drainage plans will be approved by the City Engineer during plan check review. Erosion and siltation reduction measures will be required during construction consistent with an approved Stormwater Pollution Prevention Plan (SWPPP), in order to demonstrate compliance with the City's NPDES permit. Development adherence to General Plan policies and NPDES and construction and operational Best Management Practices (BMPs) will address and reduce impacts of potential erosion. Since the Housing Element does not authorize any new development, impacts will be less than significant to drainage patterns and erosion. 9.d -e. Less Than Significant Impact: Development on vacant lands has the potential to substantially alter drainage patterns that could result in flooding on- or off-site by increasing the rate of flow from the incorporation of impervious surfaces as well as grading that may alter drainage patterns. These potential increases in runoff also have the potential to exceed the capacity of storm drain facilities. Residential development typically does not generate significant water pollutants through point discharges but does contribute to water quality impacts due to community -wide and regional urban runoff. Implementation of existing requirements of the City's Municipal Code will ensure that adequate infrastructure is provided to serve future residential development. In addition, the Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, nor does it authorize any specific construction. Thus, the Housing Element update will result in a less than significant impact from on- or off-site flooding or exceeding the capacity of storm drains. 9.f. No Impact: The Housing Element update does not propose any uses that would have the potential to degrade water quality beyond those issues discussed in Section 9 herein. The updated Housing Element does not authorize construction or redevelopment of any housing, and would not result in any new or more extensive sources of water pollutants. 9.g -h. Less Than Significant Impact: Portions of Temecula are located within 100 -year flood hazard areas. Development within these areas or any other residentially designated area would be required to provide adequate flood protection for the development either through elevating the site through grading to bring it out of the floodplain or through improvements to drainages or channels to reduce flooding impacts on a given site pursuant to General Plan policies and General Plan EIR mitigation as well as the National Flood Insurance Program. Such alteration to drainages to flood hazard areas would be required to submit and have a Letter of Map Revision (LOMR) to FEMA to officially bring the area out of the flood hazard area. The Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, nor does it authorize any specific construction. Thus, any impacts would be Tess than significant. 9.i Less than Significant Impact: Portions of Temecula are subject to inundation if the Lake Skinner Dam, Vail Lake Dam or Diamond Valley Lake Dam were to fail. Inundation from the failure of one of the dams could result in substantial flooding. Since dam failure can have severe consequences, FEMA requires that all dam owners develop Emergency Action Plans (EAP) for warning, evacuation, and post -flood actions. The City of Temecula maintains a Dam Inundation Evacuation Plan. Additionally, the County of Riverside's emergency response plans as administered by the County of Riverside Fire Department Office of Emergency Services 21 maintain evacuation plans should such a dam inundation threaten the area. In addition, the National Dam Safety Act of 2006 authorized a program to reduce the risks to life and property from dam failure by establishing a safety and maintenance program. The Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, nor does it authorize any specific construction. Thus, impacts of the Housing Element update due to risk of loss, injury or death involving flooding, due to dam inundation will be less than significant. 9.j. Less than Significant Impact: City of Temecula is not subject to tsunami due to its elevation, intervening topography, and distance (over 20 miles) from the ocean. Mudflows require a slope, water, and unconsolidated soil to occur. Portions of the City are located within or adjacent to areas of steep slopes. Standard requirements for grading design and slope stability as well as for flood protection as previously discussed herein would limit any potential mudflow hazards that may be present on these areas or any other area within the City. In addition, the Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, nor does it authorize any specific construction. Impacts from seiche and mudflow would thus be less than significant with the implementation of these standard requirements. 22 10. LAND USE AND PLANNING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Physically divide an established community? X b Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c Conflict with any applicable habitat conservation plan or 1 natural community conservation plan? X Comments: 10.a. Less than Significant Impact: The proposed Housing Element, which relies on existing land use designations for medium and high density residential and mixed-use development, would not create any sort of physical barrier within the community. Rather, the mix of uses where allowed may serve to facilitate pedestrian connections in these areas. Furthermore, project implementation would not provide for infrastructure systems such as new roadways or flood control channels that would divide or disrupt neighborhoods or any other established community elements in this previously developed and urbanized area. Therefore, a less than significant impact will occur. 10.b. Less than Significant Impact: A significant impact would occur if the proposed project were inconsistent with applicable plans, policies, and zoning designations. The proposed Housing Element Update is consistent with existing General Plan goals and policies and the City's adopted Land Use Plan. In general, the intent of the goals and policies remains the same from the previous Housing Element. As required by California Housing Element law, the update provides current data on housing in the community and an analysis of the land available to meet the community's anticipated housing needs, as determined by HCD and SCAG in the Regional Housing Needs Assessment (RHNA). The Update also includes programs for providing housing assistance and facilitating housing development. All sites and intensities identified to meet the City's RHNA are consistent with the existing Land Use Plan designations and all other pertinent policies of the General Plan and the Zoning Code. There will be no significant impact on any plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect. Impacts will be less than significant. 10.c. Less Than Significant Impact: As discussed above, the City is located within both the MSHCP and Stephens' Kangaroo Rat Habitat Conservation Plan and implementing development pursuant to the Housing Element and overall General Pian would be consistent with these plans. As such, a less than significant impact will occur. 23 11. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentbally Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Comments: 11.a -b. Less Than Significant Impact: Mineral resources have been identified within the City of Temecula and are noted within the City's General Plan, in particular aggregate type mineral resources. These resource areas are primarily designated as MRZ-3 pursuant to the Surface Mining and Reclamation Act (SMARA) and California Mineral Land Classification System Diagram based on available geological information. The proposed Housing Element Update would not further alter these designations. In addition, the City's General Plan EIR determined that these areas are not considered to contain deposits of significant economic value. Impacts to mineral resources would be less than significant from implementation of the General Plan and its designated land uses with its policies for protection of mineral resources. With the implementation of these existing plans as well as General Plan policies, less than significant impacts will occur. 24 12. NOISE. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X X b c A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X X d e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Comments: 12.a. Less Than Significant Impact: The Temecula General Plan identifies standards for land uses and noise compatibility, and establishes additional interior and exterior noise standards. The primary contributor to ambient noise in the planning area is traffic, particularly from Interstate 15 and major roadways. The Housing Element update does not designate any sites that are not already designated for residential development nor does it authorize any specific construction. Future developments are subject to the policies of the existing General Plan designed to minimize noise impacts to residential properties. Thus, impacts will be less than significant in potential exceedances of noise standards. 12.b. Less Than Significant Impact: Groundborne vibration can result in impacts from minor annoyances to people to major shaking that damages buildings. There are no railways within the City. The primary source of groundborne vibration within the City would be heavy construction activities. Groundborne vibration generated by construction projects is usually highest during pile driving, rock blasting, soil compacting, jack - hammering, and demolition -related activities. Housing does not utilize machinery that would generate substantial amounts of vibration. The construction of future potential housing developments could utilize machinery that would generate substantial amounts of ground vibration because multiple -lot housing developments generally require mass grading. Vibration impacts are temporary and rare except in cases where large equipment is used near existing, occupied development. Construction noise and associated vibration will be controlled through the time restrictions currently established in the City's Noise Control requirements. The City's Municipal Code establishes noise standards for construction activity that occurs between 7:00 a.m. to 7:00 p.m. based on various impacted land use types in place of the normal noise standards. Therefore, potential construction -related vibration impacts would be minimized to daytime hours. Per standard practice and City policy for noise analysis, future development projects that utilize vibration inducing equipment, in particular when located near sensitive uses/buildings, will be analyzed individually for potential vibration impacts. Since the Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, nor does 25 it authorize any specific construction, with implementation of existing regulations, policies, and practices, impacts related to exposure to groundborne vibration will be Tess than significant. 12.c. Less Than Significant Impact: Residential land uses do not typically produce excessive noise either individually or cumulatively that could substantially increase existing, ambient noise levels. Future development could increase ambient noise levels due to increased traffic generation, but the Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, nor does it authorize any specific construction. In addition, project specific increases in ambient noise levels due to future development on residential designated properties will be evaluated pursuant to existing policies and procedures. With these existing policies and procedures, impacts related to increases in ambient noise levels will be less than significant. 12.d. Less Than Significant Impact: The Updated Housing Element does not authorize development or the redevelopment of housing units on any particular site. Nonetheless, any construction noise related to future housing development will be controlled through the time restrictions and construction noise standards currently established in the City's noise control requirements. The updated Housing Element and amendments to the Land Use Element would not result in any new or more severe temporary noise impacts associated with construction. Continued enforcement of the City's noise restrictions will reduce any temporary noise impacts associated with new housing construction to a Tess -than -significant level. 12.e -f. No Impact: According to Figure N-3 (the French Valley Airport Future Noise Contours in the Noise Element) on page N-12 of the General Plan, the City of Temecula is not located in the noise impact area for the French Valley Airport. Therefore, people within the project area will not be exposed to excessive noise levels generated by an airport and no impacts will result from this project. 26 13. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact b c Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Comments: X 13.a. Less than Significant Impact: The proposed Housing Element update will not directly result in population growth. Population growth is a complex interaction between immigration, emigration, birth, deaths, and economic factors. The proposed Housing Element is designed to guide and accommodate the inevitable population growth the community will face over the short- and long-term. The Census indicated that the City's population almost doubled from 53,791 in 2000 to 100,097 as of 2010. According to the Department of Finance, Temecula had a population of 103,092 as of January 1, 2012. The Southern California Association of Governments (SCAG) estimates that Temecula will continue to experience growth during the next nine years. The level of growth, however, is anticipated to be less than that experienced during the last 12 years, with a projected growth of 13.2% to about 113,303 persons by 2021. The Housing Element allows for the development of 1,493 very low to above moderate income units by 2021, which would increase the local housing stock from 34,004 as of 2012 (California Department of Finance 2012) to 35,497 units, and would increase the resident population by approximately 4,754 persons (1,493 dwelling units at 3.184 persons per household) if all of those units were actually constructed. This increase is within the growth assumptions estimated by SCAG and therefore will be adequate in accommodating future residential growth. In addition, the proposed Housing Element, with implementation of the Affordable Housing Overlay (AHO) is projected to meet the City's allocated Regional Housing Needs Assessment (RHNA), which is a function of the City's long-term growth projected by SCAG. Impacts will be less than significant. 13.b. Less Than Significant Impact: The proposed Housing Element is designed to encourage and facilitate housing development in certain areas and preserve and enhance the existing housing stock. Development constructed pursuant to the policies of the Housing Element Update is not expected to displace substantial numbers of existing housing units. Instead, many of the Housing Element policies and programs are intended to encourage preservation of existing housing stock, including Program 14 ("Preserve At -Risk Housing Units") and Program 16 ("Residential Improvement Program"). Therefore, the Housing Element Update will not displace substantial numbers of existing housing. 13.c. Less Than Significant Impact: The proposed Housing Element will not displace any people because the project does not authorize the demolition or conversion of any housing unit. In addition, the Housing Element does not authorize the acquisition of any existing residential dwelling unit. Furthermore, the proposed Housing Element will have a Tess than significant effect on economic factors that could require the construction of new housing such as the relocation of a large employment base to a different region. Therefore, these impacts will be less than significant. 27 14. PUBLIC SERVICES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: X a Fire protection? b Police protection? X c Schools? X d Parks? X e _ Other public facilities? X Comments: 14.a -e. Less Than Significant Impact: The Housing Element Update sets forth policies and programs to encourage housing development consistent with adopted land use polices of the existing General Plan. Residential development constructed pursuant to Housing Element policy will incrementally increase the need for fire and police protection, schools, and parks. SCAG estimates that the City's population will be 113,303 in 2021. The Housing Element's goal to facilitate 1,493 very low to above moderate income units by 2021 would increase the local housing stock from 34,004 as of 2012 (California Department of Finance 2012) to 35,497 units, and would increase the resident population by approximately 4,754 persons (1,493 dwelling units at 3.184 persons per household). However, the existing Zoning Code already allows for this amount of housing. Thus, the Housing Element update will not result in substantial adverse physical impacts associated with new or physically altered governmental facilities, nor will it result in the need for new or physically altered governmental facilities. Thus, the Housing Element update will not have any significant impacts on public services. 28 15. RECREATION. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Comments: 15.a. Less Than Significant Impact. As discussed previously, the project has the potential to result in the indirect need for recreational facilities due to the promotion of housing development. However, Temecula requires development to either dedicate land or pay a fee in lieu of dedication to offset incremental impacts of development on existing parks pursuant to the Municipal Code. Any future housing development will be required to pay development impact fees in accordance with this existing regulation; thus deterioration of existing parks and recreation facilities will be less than significant as a result of future housing development because parks and recreation facilities will be incrementally expanded to meet future residential demand. In addition, the Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, nor does it authorize any specific construction. Thus, the Housing Element update will not result in a significant impact to regional parks or recreational facilities. 15.b. Less than Significant Impact. The Housing Element update does not require or authorize the construction or expansion of any recreation facilities that might have an adverse physical effect on the environment. The Housing Element update does not designate any sites that are not already designated for residential development or increase the intensity of development in any area, nor does it authorize any specific construction. Thus, impacts related to the potential construction of future recreation facilities will be less than significant. 29 16. TRANSPORTATION/TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? b Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e Result in inadequate emergency access? X f Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Comments: 16.a -b. Less than Significant Impact: The proposed Housing Element Update does not alter any land use designations, increase allowable density or authorize specific new construction. The policies of the proposed Housing Element update seek to encourage mixed-use and affordable housing, but they do not authorize any development that is not already allowed under the existing Zoning Code. The Updated Housing Element is focused on achieving local housing objectives and does not authorize any construction that would result in the alteration of traffic patterns. Thus, the Housing Element update will not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, nor will it conflict with an applicable congestion management program. 16.c. No Impact: The Updated Housing Element is focused on achieving local housing objectives and does not authorize any construction that would result in the need to redirect or otherwise alter air traffic patterns. Furthermore, the proposed Housing Element Update will not result in substantial population growth that could significantly increase air traffic. Therefore, the project will have no air traffic impacts. 16.d. No Impact: The project does not involve the construction of any roadway and would have no effect on the City's street and site design standards. Therefore, the project will have no impact. 16.e. Less than Significant Impact: The project does not involve any road construction or any specific development activity and thus will not obstruct or restrict emergency access to or through the City. Future housing development facilitated by implementation of Housing Element policies will be subject to site plan review. In conjunction with the review and approval of building permits, the Fire Department reviews all plans to ensure compliance with all applicable emergency access and safety requirements. With continued application of project review procedures, impacts involving emergency access will be Tess than significant. 30 16.f. No Impact: The project includes programs and policies to encourage the development of new housing units to meet the City's regional fair share of housing and to identify "fringe" and "island" communities, as required by State law; but would not authorize any design, plans, or projects for construction of new development or redevelopment of housing. Thus, the project itself will not conflict with any policy regarding public transit, bicycle, or pedestrian facilities. Individual development projects will be required to analyze their specific impacts and their consistency with the policies and plans in place for those facilities. The project will have no impact on policies or plans regarding public transit, bicycle, or pedestrian facilities. 31 17. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and Supporting Information Sources Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a b Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste dis•osal needs? X g 1 Comply with federal, state, and local statutes and regulations related to solid waste? X Comments: 17.a. No Impact: Wastewater treatment services for Temecula are provided by the Eastern Municipal Water District (EMWD) and Rancho California Water District (RCWD). Wastewater discharge requirements are issued by the San Diego Regional Water Quality Control Board (RWQCB). These treatment requirements establish pollutant limits for effluent discharges to receiving waters. Future development will result in typical wastewater discharges and will not require new methods or equipment for treatment that are not currently permitted. Furthermore, residential development is not subject to point -source discharge requirements. The project will not impact compliance with RWQCB treatment requirements. Future development will not interfere with compliance with RWQCB wastewater treatment requirements, thus no impact will occur. 17.b. Less than Significant Impact: Future development will incrementally increase water demand and wastewater discharges. The Updated Housing Element does not authorize increased density or intensity, or allow residential where residential uses were not allowed previously, nor does it authorize any specific developments. The City, EMWD, and RCWD will continue to identify the need for expansion of water and wastewater facilities, such as water and sewer mains, as needed, on a project -by -project basis during its standard environmental review process. Any environmental impacts related to the construction or expansion of water or wastewater facilities will be analyzed and mitigated for at the time of development. Adherence to existing practices and procedures will result in impacts related to the expansion of water and wastewater facilities that are less than significant. 17.c. Less than Significant Impact: The Updated Housing Element is focused on achieving local housing objectives and does not authorize any construction that would result in the construction of new storm water drainage facilities or the expansion of existing facilities. Therefore, this amendment will not result in the construction of new storm water drainage facilities or the expansion of existing facilities. Drainage improvements are constructed on a project -by -project basis. This typically involves routing a major drainage course through a project by concentrating the flow into an acceptable drainage facility. Construction of 32 drainage devices will be entirely onsite and will be subject to standard construction requirements for erosion control and water quality requirements. Future development will comply with existing standards and regulations for conveyance of storm water, thus a less than significant impact to the environment from construction of storm drain infrastructure will occur. 17.d. Less than Significant Impact: RCWD is responsible for the production and distribution of domestic water and maintenance of the overall water system facilities throughout the City. The City's General Plan EIR determined that adequate existing water entitlements would be adequate to serve the land uses anticipated by the General Plan land use plan. The proposed Housing Element, including implementation of an Affordable Housing Overlay zone, would not alter any land use that could increase development intensity above what is already allowed under the existing Zoning Code. The proposed Housing Element Update is a policy document and will not result in any significant population growth or additional demand on water supplies but rather will guide development to accommodate anticipated growth in the community through the year 2021; therefore, the proposed Housing Element Update would not result in the need for new or expanded water supplies and impacts will be less than significant. 17.e. Less Than Significant Impact: Wastewater treatment requirements are established by RWQCB. The City will review future housing development as part of their standard environmental review process to determine adequate capacity to serve the discharge needs in comparison to treatment plant capacity. The Updated Housing Element does not authorize any additional density or intensity of development or authorize new construction. Thus, impacts related to wastewater treatment capacity are anticipated to be less than significant. 17.f. Less Than Significant Impact: Temecula is served by the El Sobrante and Badlands Landfills. El Sobrante Landfill is expected to reach capacity by 2045. Badlands Landfill is expected to reach capacity by 2024, however, it has the potential to expand its facilities and capacity. Solid waste disposal is managed at the regional level; therefore, generation of solid waste within the City is part of a regional issue. Compliance with City solid waste reduction programs and policies would reduce the volume of solid waste entering landfills. Individual development projects within the City would be required to comply with applicable State and local regulations, thus reducing the amount of landfill waste by at least 50 percent. Future development would increase the volume of solid waste generated in the City that is diverted to existing landfills, thus contributing to the acceleration of landfill closures or the use of more distant sites. Each development will be required to comply with federal, State, and local statues and regulations related to the disposal of solid waste. Since the Housing Element does not authorize any additional density or intensity of development or authorize new construction, impacts will be Tess than significant. 17.g. No Impact: Waste collection in Temecula is disposed of in regional landfills, as described above. All new development will be required to comply with State mandates and City regulations regarding reduction/recycling of household waste. None of the proposed housing strategies inherent in the proposed Housing Element Update would have any effect upon or result in any conflicts with solid waste disposal regulations. No impact will occur. 33 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Supporting Information Sources a Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable ("cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of • robable future • ro'ects)? c Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact X Comments: X 18.a. Less Than Significant Impact: The proposed adoption of the 2014-2021 Housing Element Update describes how the City will provide adequate housing opportunities for households of all income levels. The Housing Element update does not authorize additional density or intensity of development, nor does it allow for residential uses in areas that were not previously designated for residential development. In addition, the proposed Housing Element does not authorize any specific development. The results of the analyses and discussions of responses in this Initial Study have determined that the proposed project would have no effect upon sensitive biological resources and would not result in significant impacts to historical, archaeological, or paleontological resources. Impacts related to scenic resources will be less than significant. In addition, Riverside County adopted the Multiple Species Habitat Conservation Plan (MSHCP) on June 17, 2003. The City of Temecula agreed to the policies of the MSHCP and all projects within the City boundaries are required to comply with the MSHCP to enhance and maintain biological diversity and ecosystem processes and provides for the protection of wildlife linkages. Section 6.0 of the MSHCP identifies local implementation measures. Section 6.1.6 details the obligations of the City of Temecula and all future development will be required to comply with the guidelines set forth within the MSHCP to minimize biological impacts. The Housing Element update is a policy document that does not require any substantive changes to the Zoning Code, but merely codifies State -mandated law and clarifies existing density incentives applicable to affordable housing. The Housing Element Update will not have any direct environmental impacts. 18.b. Less Than Significant Impact: Cumulative impacts can result from the interactions of environmental changes resulting from one proposed project with changes resulting from other past, present, and future projects that affect the same resources, utilities and infrastructure systems, public services, transportation network elements, air basin, watershed, or other physical conditions. Such impacts could be short-term and temporary, usually consisting of overlapping construction impacts. Overall, the long term development of the housing opportunity sites is consistent with the growth projections identified in the regional population growth forecast completed by SCAG. As such, the proposed Housing Element Update would not result in new or additional cumulative impacts. 34 18.c. Less Than Significant Impact: Based on the analysis of the project's impacts, there is no indication that this project could result in substantial adverse effects on human beings. The analysis herein concludes that direct and indirect environmental effects will at worst require implementation of existing General Plan policies and General Plan EIR mitigation measures to reduce to less than significant levels. Under each environmental consideration addressed in the preceding analysis, the proposed project is considered to have little or no adverse impacts on people and the environment. 35 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a b c Earlier analyses used. ldentif earlier anal ses and state where the are available for review Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Comments: a. The impacts associated with the implementation of the City of Temecula General Plan were previously identified and discussed in a Final Environmental Impact Report certified in 1993, and again in a Final Environmental Impact Report for the comprehensive Update of the General Plan, which was certified in 2005. The Environmental Impact Report for the City of Temecula General Plan also identified specific general plan level mitigation measures and adopted a statement of overriding consideration for agricultural resources, air quality, biologic resources, education, library, noise, transportation and circulation. b. Anticipated impacts are less than significant and do not require mitigation. c. There are no mitigation measures incorporated for this project. SOURCES 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report (1993) 3. City of Temecula General Plan Final Environmental Impact Report (2005) 4. South Coast Air Quality Management District CEQA Air Quality Handbook 5. South Coast Air Quality Management District. Rule 1403: Asbestos Emissions from Demolition/Renovation Activities. Amended October 5, 2007 6. Multiple Species Habitat Conservation Plan (2003) 7. Southern California Association of Governments Integrated Growth Forecast. Accessed May 13, 2013 8. California Air Resources Board Climate Change Scoping Plan December 2008 9. California Air Resources Board California GHG Emissions — Forecast (2002-2020) October 2010 10. California Air Resources Board Scoping Plan Measures Implementation Timeline October 2010 36 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: January 15, 2014 PREPARED BY: Dana Weaver, Project Planner PROJECT Long Range Planning Project No. LR12-0012, 2014-2021 Housing SUMMARY: Element Update RECOMMENDATION: Adopt a Negative Declaration for Long Range Planning Project Number LR12-0012 and recommend that the City Council adopt the 2014-2021 Housing Element Update CEQA: Notice of Determination BACKGROUND SUMMARY The original City of Temecula General Plan Housing Element was approved in 1993 and updated in 2002, and again in 2010, pursuant to the amendment cycle for local agencies under the jurisdiction of the Southern California Association of Governments (SCAG). Subsequently, a comprehensive General Plan Update was adopted by the City Council on April 12, 2005. An Environmental Impact Report was certified for the comprehensive update. Recent changes to State Housing Element Law require all cities and counties to update their Housing Elements at least every eight years to reflect the community's changing needs. This update covers the 2014-2021 planning period, pursuant to the fifth update cycle for jurisdictions within the Southern California Association of Governments (SCAG) region. In July 2012, the City entered into an agreement with Pacific Municipal Consultants (PMC) to assist in the development of the Housing Element update for the current cycle. A draft Housing Element was completed and sent to the State of California Department of Housing and Community Development (HCD) for review in March 2013. Staff received informal comments from HCD in April 2013, and worked with PMC to complete a revised draft which was again submitted to HCD for review on September 27, 2013. The City received a conditional compliance letter from HCD on November 27, 2013. The conditional compliance letter states that this revised draft element for the fifth update cycle meets the stator requirements of the State Housing Element Law, and in order to remain on an eight year cycle, pursuant to Senate Bill 375, the City must adopt the Housing Element within 120 calendar days from the statutory due date of October 15, 2013. ANALYSIS The purpose of a General Plan Housing Element is to address local and regional housing needs. A Housing Element is required to: § Provide housing opportunities to all income segments of the population; § Provide adequate sites to accommodate the Regional Housing Needs Assessment (RHNA); § Remove governmental constraints in maintaining and developing housing; § Conserve and improve the existing housing stock; § Implement statutes under State Housing Law; § Provide equal access to housing opportunities; and § Preserve at -risk housing units. In accordance with State law, staff conducted a housing needs assessment which included the following components: • An analysis and update of Temecula's demographic, household, and housing characteristics; • An analysis and update of Temecula's potential constraints; • An evaluation of land and resources to address housing needs; • An evaluation of accomplishments under the adopted Housing Element; and • A housing plan to address the City's identified housing needs. Regional Housing Needs Assessment The Regional Housing Needs Assessment (RHNA) is a minimum projection of additional housing units needed to accommodate projected household growth of all income levels by the end of the Housing Element's statutory planning period. The RHNA is developed by Southern California Association of Governments (SCAG) and allocated to cities and counties in the region. In October 2012, SCAG completed and distributed the fifth cycle RHNA for all local agencies under its jurisdiction. RHNA includes targets for Very Low, Low, Moderate, and Above Moderate Income categories. The City of Temecula needed to plan for 1,493 new housing units for people working in our community in the next eight years. Temecula's 2014-2021 allocation is distributed among the five standard income categories shown below. Extremely Low 187 12 percent Very Low 188 13 percent Low 251 17 percent Moderate 271 18 percent Above Moderate 596 40 percent Total 1,493 100 percent According to comments provided by HCD, the City must provide enough suitable sites with appropriate zoning and density to accommodate the affordable housing needs for Extremely Low -Income, Very Low -Income and Low -Income households. This means the City must provide for the opportunity for 2,007 units (1,381 fourth cycle unaccommodated plus 626 for the fifth cycle planning period). The City must account for the unaccommodated need from the fourth cycle because the Urban Density Overlay proposed to accommodate this need was never adopted. Additionally, fifty percent of the remaining need (1,003 units) will be accommodated on sites allowing exclusively residential uses where no commercial or mixed-use development is allowed. To accommodate Temecula's regional housing need, the City will establish an Affordable Housing Overlay (AHO) on the sites identified in Appendix B, and required to be applicable to at least 100 acres. After establishment of the AHO, sites identified in Appendix B will require a maximum thirty units per acre. It will also include minimum densities of 20 DU/ac and development incentives beyond what is permitted under density bonus law. These incentives include fast tracking of affordable housing project applications and greater development standard flexibility. Suitable Sites and Capacity An important component of the Temecula Housing Element is the identification of sites for future housing development. Equally important is an evaluation of the adequacy of this site inventory in accommodating the City's share of regional housing growth. As part of this Housing Element update, the City conducted a parcel -by -parcel analysis of vacant residential sites based on data obtained from the City's geographic information system (GIS). The vacant land inventory for the City of Temecula includes an estimated development capacity for the identified vacant parcels. Appendix B of the Housing Element summarizes the available housing unit capacity based on vacant residential sites. Residential capacity for each vacant parcel is based on the current zoning for each parcel. Each parcel is assumed to develop at 75% of its maximum capacity, which allows for setbacks, landscaping, right-of-way dedications, and other non-residential uses. An inventory of vacant parcels specifically located within the proposed Affordable Housing Overlay zone shows that there are 52 parcels having a combined total of 196.47 acres and a potential capacity of 2,160 dwelling units. As noted above, the City's remaining obligation for affordable housing is 2,007 units. Therefore, this obligation can be met by suitable vacant sites located within the proposed Affordable Housing Overlay zone. Additionally, the Citywide Vacant Land Inventory and Residential Capacity Analysis, Appendix B of the Housing Element, shows that there is capacity for 4,385 units within zones that permit High Density Residential projects by right. Municipal Code Amendments Upon certification of the Housing Element Update by HCD, five Zoning Code Amendments will be required by State Housing Law. First, the City will formalize the existing Zoning Code provisions regarding density incentives in the High Density Residential and Professional Office zones by creating an Affordable Housing Overlay (AHO) zone. Although Municipal Code Section 17.10.020(M)(3) already includes this type of density incentive for affordable housing, the new AHO zone will clearly establish when the maximum thirty units per acre will apply to High Density Residential and Professional Office zones. Establishing an Affordable Housing Overlay (AHO) zone does not intensify the land use; however, adopting an AHO will make the General Plan internally inconsistent and make the Zoning Code inconsistent with the Land Use Element. Therefore, when the City adopts the Zoning Code implementing the AHO, it must also amend the Land Use Element and the appropriate Land Use Map. Second, the City will need to develop standards for emergency shelters consistent with Government Code Section 65583. Currently, the City's Zoning Code does not contain emergency shelter development standards. Third, the City will clarify that transitional and supportive housing must be treated as residential uses subject only to the same restrictions applicable to other residential dwellings of the same type in the same zone. Currently, the City facilitates the development of transitional and supportive housing by permitting such facilities in the Medium (M) and High (H) density residential districts by right without a conditional use permit or other discretionary action. This residential housing type is also permitted in all other residential districts with a Conditional Use Permit. The Code will need to be amended to allow for the development of transitional and supportive housing by right without a Conditional Use Permit or other discretionary action in all residential zones. Fourth, the City will incorporate into the Zoning Code the already -applicable, State -mandated density bonus provisions set forth in Government Code Section 65915. The state density bonus statutes require the City to grant a density bonus and incentives or concessions to a developer who agrees to construct or donate land for affordable housing. Once a project has been deemed a partly or fully complete affordable housing project, the applicant may be allowed to develop additional density. The City must calculate the extra density to which an applicant is entitled. The density bonus law not only uses a base percentage of the project, but a sliding scale allows for greater density bonuses when an applicant includes more than the minimum qualifying percentage of affordable units. In addition the applicant may request specific incentives or concessions. Finally, the City will need to define and permit employee housing providing accommodations for six or fewer employees. Employee housing is essentially for any portion of any housing accommodation or property containing living quarters, etc. that are maintained in connection with any work or place where work is being performed, whether or not rent is involved. Employee housing may not be considered a boarding house and no CUP or variance may be required when employee housing serves six or fewer persons. Essentially, employee housing for six or fewer persons must be treated as any other single-family home. Pursuant to Health and Safety Code Section 17021.6, employee housing of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single-family or household must be treated as an agricultural use for the purpose of zoning. In order to comply with Section 17021.6, the City must allow employee housing of up to 36 beds or 12 units in zones that allow for agricultural use. Staff will review the Code to identify the necessary amendments with regard to employee housing. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 2, 2014. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, it has been determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project. The public review and comment period for the Negative Declaration was from December 16, 2013 through January 14, 2014. No comments had been received at the time this report was prepared. FINDINGS The proposed 2014-2021 Housing Element Update are in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed 2014-2021 Housing Element Update has been designed to be consistent with State Housing Law, the Regional Housing Needs Assessment (RHNA) for local agencies under jurisdiction of the Southern California Association of Governments (SCAG), and to be internally consistent with the other elements of the Temecula General Plan with implementation of the identified programs. The proposed 2014-2021 Housing Element Update will not have a significant impact on the character of the built environment. The proposed 2014-2021 Housing Element Update is compatible with the nature, condition and development of existing uses, buildings and structures and will not adversely affect the existing or planned uses, buildings, or structures. The Housing Element Update contains the goals, policies, and programs that will help guide the production of future housing within the City, in concert with other elements of the General Plan. The Housing Element Update will provide flexibility and opportunity in the development of residential uses to meet the needs of all economic segments of the community within the City. The specific programs of the Housing Element Update will provide opportunity for affordable housing through the identification of appropriate sites and density, provisions for density bonus law, provisions for transitional, supportive, and employee housing, as well as establishment of development standards for emergency shelters. In addition, the City circulated a Notice of Proposed Negative Declaration indicating that impacts related to the built environment will be less than significant as result of this project. The nature of the proposed 2014-2021 Housing Element Update is not detrimental to the health, safety and general welfare of the community. The proposed 2014-2021 Housing Element Update will promote the health, safety, comfort and general welfare of the City and its residents through the goals, policies, and implementation programs geared towards ensuring adequate housing for all income levels in the community. The proposed Housing Element Update complies with all statutory requirements and is internally consistent with the other elements of the General Plan with implementation of the identified programs. The proposed Housing Element Update will not expose people to an increased risk of negative health or public safety impacts and potential impacts related to the health, safety and general welfare of the community were analyzed in the environmental review and determined to be less than significant as a result of this project. ATTACHMENTS PC Resolution Draft Housing Element Initial Study HCD Comment Letters Public Correspondence Notice of Public Hearing PC RESOLUTION NO. 14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE 2014-2021 HOUSING ELEMENT (LONG RANGE PLANNING PROJECT NO. LR12-0012) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. State Housing Law requires that local jurisdictions periodically update their Housing Element pursuant to the update cycle of its Council of Governments. B. The City of Temecula adopted its first Housing Element on November 9, C. The City of Temecula first amended its Housing Element on October 8, 2002. D. The City of Temecula adopted a Comprehensive Update of its General Plan on April 12, 2005. 1993. E. The City of Temecula adopted the 2008-2014 Housing Element Update for the fourth cycle Regional Housing Needs Assessment (RHNA) on July 27, 2010. F. The Southern California Association of Governments (SCAG) completed the fifth cycle RHNA on October 4, 2012. G. On January 15, 2014, the Planning Commission recommended that the City Council adopt the 2014-2021 Housing Element Update, General Plan Amendment Long Range Planning Project No. LR12-0012. H. This Housing Element Update was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. The Planning Commission, at a regular meeting, considered the 2014- 2021 Housing Element Update and environmental review on January 15, 2014, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. J. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopted the 2014-2021 Housing Element Update, General Plan Amendment, Long Range Planning Project No. LR12-0012, subject to and based upon the findings set forth hereunder. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: General Plan Amendment A. The proposed 2014-2021 Housing Element Update are in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed 2014-2021 Housing Element Update has been designed to be consistent with State Housing Law, the Regional Housing Needs Assessment (RHNA) for local agencies under jurisdiction of the Southern California Association of Governments (SCAG), and to be internally consistent with the other elements of the Temecula General Plan with implementation of the identified programs. B. The proposed 2014-2021 Housing Element Update will not have a significant impact on the character of the built environment; The proposed 2014-2021 Housing Element Update is compatible with the nature, condition and development of existing uses, buildings and structures and will not adversely affect the existing or planned uses, buildings, or structures. The Housing Element Update contains the goals, policies, and programs that will help guide the production of future housing within the City, in concert with other elements of the General Plan. The Housing Element Update will provide flexibility and opportunity in the development of residential uses to meet the needs of all economic segments of the community within the City. The specific programs of the Housing Element Update will provide opportunity for affordable housing through the identification of appropriate sites and density, provisions for density bonus law, provisions for transitional, supportive, and employee housing, as well as establishment of development standards for emergency shelters. In addition, the City circulated a Notice of Proposed Negative Declaration indicating that impacts related to the built environment will be less than significant as result of this project. C. The nature of the proposed 2014-2021 Housing Element Update is not detrimental to the health, safety and general welfare of the community; The proposed 2014-2021 Housing Element Update will promote the health, safety, comfort and general welfare of the City and its residents through the goals, policies, and implementation programs geared towards ensuring adequate housing for all income levels in the community. The proposed Housing Element Update complies with all statutory requirements and is internally consistent with the other elements of the General Plan with implementation of the identified programs. The proposed Housing Element will not expose people to an increased risk of negative health or public safety impacts and potential impacts related to the health, safety and general welfare of the community were analyzed in the environmental review and determined to be less than significant as a result of this project. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the recommendation for approval of the 2014-2021 Housing Element Update, General Plan Amendment, Long Range Planning Project No. LR12-0012: A. Pursuant to California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the 2014-2021 Housing Element Update, General Plan Amendment, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on December 16, 2013, and expired on January 14, 2014. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590. C. One written comment(s) was received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the January 15, 2014, 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) Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Negative Declaration prepared for this project. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of January, 2014. Stanley Harter, Chairman ATTEST: Armando G. Villa, AICP Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 14- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of January 2014, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Armando G. Villa, AICP Secretary ,STATE OF CALIFORNIA - BUSINESS. CONSUMER SERVICES AND HOUSING AGENCY FDMUND G BROWN JR Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. E9 Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov November 27, 2013 Mr. Patrick Richardson Community Development Director City of Temecula 41000 Main Street Temecula, CA 92590 Dear Mr. Richardson: RE: Review of the City of Temecula's 5th Cycle (2013-2021) Draft Housing Element Thank you for submitting the City of Temecula's draft housing element update received for review on September 30, 2013, along with revisions received on November 26, 2013. Pursuant to Government Code Section 65585(b), the Department is reporting the results of its review. Communications with Mr. Luke Watson, Senior Planner, Ms. Dana Weaver, Associate Planner, and Ms. Jennifer Gastelum and Ms. Cynthia Walsh, the City's consultants, facilitated the review. The revised draft element meets the statutory requirements of State housing element law. This finding was based on, among other things, demonstration of adequate sites to meet the City's regional housing need for lower-income households through Program 1. Specifically, Program 1 commits the City to establish an Affordable Housing Overlay (AHO) allowing for multifamily uses by -right with minimum densities of 20 units per acre and apply to at least 100 acres by October 15, 2014 to address the identified shortfall of 2,007 units. The City must monitor and report on the results of this and other programs through the annual progress report, required pursuant to Government Code Section 65400. The revised element will comply with State housing element law (Article 10.6 of the Government Code) when these revisions are adopted and submitted to the Department, pursuant to Government Code Section 65585(g). To remain on an eight year planning cycle, pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) the City must adopt its housing element within 120 calendar days from the statutory due date of October 15, 2013 for SCAG localities. If adopted after this date, the City will be required to revise the housing element every four years until adopting at least two consecutive revisions by the statutory deadline (Government Code Section 65588(e)(4)). For more information on housing element adoption requirements, please visit our website at: http://www.hcd.ca.gov/hpd/hrc/plan/he/he review adoptionsteps110812.pdf. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Mr. Patrick Richardson Page 2 The Department is pleased to inform the City that 4t" cycle housing element compliance meets one of the threshold requirements of the Housing -Related Parks (HRP) Program which rewards local governments for approving housing affordable to lower-income households. The HRP Program, funded by Proposition 1C, provides grant funds to eligible local governments for every qualifying unit permitted since 2010. Grant awards can be used to fund park -related capital asset projects. The HRP Program 2013 Notice of Funding Availability (NOFA), released October 2, 2013, announced the availability of $25 million in grant funds to eligible applicants. Applications are due January 22, 2014. Further information about the HRP Program is available on the Department's website at hftp://www.hcd.ca.gov/hpd/hrppi. The Department appreciates the efforts of Mr. Watson, Ms. Weaver, Ms. Gastelum, and Ms. Walsh in preparation of the housing element and looks forward to receiving Temecula's adopted housing element. If you have any questions or need additional technical assistance, please contact Lindy Suggs, of our staff, at (916) 263-7433. Sincerely, &,0-forz-4-- Glen A. Campora Assistant Deputy Director SATE OF CALIFORNIA Edmund G. Brown, Jr., Governor NATIVE AMERICAN HERITAGE COMMISSION 1550 Harbor Boulevard, Suite 100 West Sacramento, CA 95691 (916) 373-3715 Fax (916) 373-5471 Web Site www.nahc.ca.gov Ds_nahc@pacbell.net e-mail: ds_nahc@pacbell.net January 2, 2014 Ms. Dana Weaver, Associate Planner City of Temecula 41000 Main Street Temecula, CA 92590 RE: SCH#2013121045; CEQA Notice of Completion; proposed Negative Declaration for the "General Plan Housing Element Update;" located in the City of Temecula; Riverside County, Califomia Dear Ms. Weaver: The Native American Heritage Commission (NAHC) has reviewed the above -referenced environmental document. This project is also subject to California Government Code Sections 65040.2, et seq. The California Environmental Quality Act (CEQA) states that any project which includes archeological resources, is a significant effect requiring the preparation of an EIR (CEQA guidelines 15064.5(b). To adequately comply with this provision and mitigate project -related impacts on archaeological resources, the Commission recommends the following actions be required: Contact the appropriate Information Center for a record search to determine :If a part or all of the area of project effect (APE) has been previously surveyed for cultural places(s), The NAHC recommends that known traditional cultural resources recorded on or adjacent to the APE be listed in the draft Environmental Impact Report (DEIR). If an additional archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. We suggest that this be coordinated with the NAHC, if possible. The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure pursuant to California Government Code Section 6254.10. A list of appropriate Native American Contacts for consultation concerning the project site has been provided and is attached to this letter to determine if the proposed active might impinge on any cultural resources. Lack of surface evidence of archeological resources does not preclude their subsurface existence. California Government Code Section 65040.12(e) defines "environmental justice" to provide "fair treatment of People...with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations and policies" and Executive Order B-10-11 requires consultation with Native American tribes their elected officials and other representatives of tribal governments to provide meaningful input into the development of legislation, regulations, rules, and policies on matters that may affect tribal communities. Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, pursuant to California Environmental Quality Act (CEQA) §15064.5(f). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground -disturbing activities. Also, California Public Resources Code Section 21083.2 require documentation and analysis of archaeological items that meet the standard in Section 15064.5 (a)(b)(f). Lead agencies should consider first, avoidance for sacred and/or historical sites, pursuant to CEQA Guidelines 15370(a). Then if the project goes ahead then, lead agencies include in their mitigation and monitoring plan provisions for the analysis and disposition of recovered artifacts, pursuant to California Public Resources Code Section 21083.2 in consultation with culturally affiliated Native Americans. Lead agencies should include provisions for discovery of Native American human remains in their mitigation plan. Health and Safety Code §7050.5, CEQA §15064.5(e), and Public Resources Code §5097.98 mandates the process to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. <' in rely, 1 CC: State Clearinghouse / Si ogram An Attachment: Native American Contacts list Pala Band of Mission Indians Historic Preservation Office/Shasta Gaughen 35008 Pala Temecula Road, PMB Pala , CA 92059 Cupeno PMB 50 (760) 891-3515 sgaughen@palatribe.com (760) 742-3189 Fax Luiseno Pauma & Yuima Reservation Randall Majel, Chairperson P.O. Box 369 Pauma Valley CA 92061 paumareservation@aol.com (760) 742-1289 (760) 742-3422 Fax Luiseno Pechanga Band of Mission Indians Paul Macarro, Cultural Resources Manager P.O. Box 1477 Temecula , CA 92593 (951) 770-8100 pmacarro@ pechanga-nsn. gov (951) 506-9491 Fax Luiseno Ramona Band of Cahuilla Mission Indians Joseph Hamilton, Chairman P.O. Box 391670 Cahuilla Anza , CA 92539 admin@ramonatribe.com (951) 763-4105 (951) 763-4325 Fax Native American Contacts Riverside County California January 2, 2014 Rincon Band of Mission Indians Vincent Whipple, Tribal Historic Preationv. Officer 1 West Tribal Road Luiseno Valley Center, CA 92082 jmurphy@rincontribe.org (760) 297-2635 (760) 297-2639 Fax Santa Rosa Band of Mission Indians John Marcus, Chairman P.O. Box 391820 Anza , CA 92539 (951) 659-2700 (951) 659-2228 Fax Cahuilla Morongo Band of Mission Indians William Madrigal, Jr.,Cultural Resources Manager 12700 Pumarra Road Cahuilla Banning , CA 92220 Serrano (951) 201-1866 - cell wmadrigal @ morongo-nsn. gov (951) 572-6004 Fax Rincon Band of Mission Indians Bo Mazzetti, Chairperson 1 West Tribal Road Valley Center, CA 92082 bomazzetti@aol.com (760) 749-1051 (760) 749-8901 Fax Luiseno This list is current only as of the date of this document Distribution of this list does not relieve any person of the statutory responsibility as defined In Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. his list s only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#2013121045; cEQA Notice of Completion; proposed Negative Declaration for the City of Temecula Housing Element Update; located in Riverside County, California Native American Contacts Riverside County California January 2, 2014 Pechanga Band of Mission Indians Mark Macarro, Chairperson P.O. Box 1477 Luiseno Temecula , CA 92593 (951) 770-6100 hl aibach @ pechanga-nsn. gov (951) 695-1778 FAX Cahuilla Band of Indians Luther Salgado, Chairperson PO Box 391760 Anza , CA 92539 Chairman@cahuilla.net 760-763-5549 760-763-2631 - Tribal EPA Cahuilla Pechanga Cultural Resources Department Anna Hoover, Cultural Analyst P.O. Box 2183 Luiseno Temecula , CA 92593 ahoover@pechanga-nsn.gov 951-770-8104 (951) 694-0446 - FAX SOBOBA BAND OF LUISENO INDIANS Joseph Ontiveros, Cultural Resource Department P.O. BOX 487 Luiseno San Jacinto , CA 92581 jontiveros@soboba-nsn.gov (951) 663-5279 (951) 654-5544, ext 4137 This list is current only as of the date of this document. Distribution of this list does not relieve any person of the statutory responsibility as defined In Section 7050.5 of the Heatth and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. his list s only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#2013121045; cEQA Notice of Completion; proposed Negative Declaration for the City of Temecula Housing Element Update; located in Riverside County, California PECI-IANQA CULTURAL RESOURCES Temecula Band of Luiseno Mission Indians VIA E-MAIL and USPS Post Office. Box 2183 • Temecula, CA 92593 Telephone (951) 308-9295 • Fax (951) 506-9491 January 14, 2014 Ms. Dana Weaver Associate Planner City of Temecula Community Development 41000 Main Street Temecula, CA 92590 Chairperson: Mary Bear Magee Vice Chairperson: Darlene Miranda Committee Members: Evict Gerber Bridgett Barcello Maxwell Richard B. Scearce, III Germaine Arenas Director: Gary DuBois Coordinator: Paul Macarro Cultural Analyst: Anna Hoover Re: Pechanga Tribe Comments on the City of Temecula General Plan 2014-2021 Housing Element Update (December 2013) Dear Ms. Weaver: These comments are submitted on behalf of the Pechanga Band of Luiseno Indians (hereinafter, "the Tribe"), a federally recognized Indian tribe and sovereign government. The Tribe formally requests, pursuant to Public Resources Code §21092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). Please add the Tribe to your distribution list(s) for public notices and circulation of all documents, including environmental review documents, archeological reports, and all documents pertaining to this Project. The Tribe further requests to be directly notified of all public hearings and scheduled approvals concerning this Project. Please also incorporate these comments into the record of approval for this Project. In addition, the Tribe reserves the right to fully participate in the environmental review process, as well as to provide further comment on the Project's potential impacts to cultural resources. The Tribe appreciates the opportunity to comment on the City's Housing Element Update. While we understand that this Project does not include development plans or recommend zoning or Land. Use changes to specific parcels, the importance of including information about archaeological, historic and Native American tribal cultural resources and landscapes, which are abundant within the City's boundaries and sphere of influence, cannot be understated. Residential projects are the primary type of development that threatens cultural. resources. Without awareness of and planning for avoidance and preservation of these non- renewable resources, sensitive and important tribal cultural resources will be permanently destroyed, to the detriment of all Californians. California Public Resources Code § 21083.2(b) states that avoidance and in place preservation of sensitive archaeological and cultural places and sites should be a top priority for development projects. The City must, therefore, take this into account when working with Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga Comment Letter to the City of Temecula Re: Pechanga Tribe Comments on the 2014-2021 Housing Element Update January 14, 2014 Page 2 developers and lenders in choosing appropriate housing locations and in determining whether particular projects can be fast tracked. There is no better resource for this information than the Tribe itself and tribal consultation should be not only a matter of law, but a matter of best practice for lead agencies. To ensure that archaeological, historic and Native American tribal cultural resources are, to the extent possible, identified prior to ear -marking lands for affordable housing or other high density residential units, the Tribe requests to be consulted as early as possible to review the potential properties and provide the cultural information necessary to evaluate a housing site's potential impacts to tribal cultural resources. Further, we recommend that a records search at the Eastern Information Center be conducted to determine whether recorded historic or archaeological resources could be impacted and whether additional research needs to be conducted. Further, the Tribe recommends that the following information be included in subsection E. Environmental Constraints of Section 111 Constraints on Housing Production (page H-70- 74). Archaeological, Historic and Native American Cultural Resources: Temecula has a rich history with many Native American Traditional Cultural Properties, villages and resources, places where significant events occurred, both historically and pre -historically, and historic buildings and locales identified within and surrounding its boundaries. While a large majority of these historic and pre -historic resources have been formally recorded, there are still properties that contain buried cultural and archaeological resources and unrecorded structures. Because of the confidentiality of these resources, especially archaeological and Native American sites, vacant and developable properties should be subject to an archaeological study, consultation with the Pechanga Band of Luise. Indians and if applicable, research with local historic societies as outlined in the City's General Plan. The Pechanga Tribe looks forward to working together with the City of Temecula in bringing an additional level of awareness to the Housing Element for archaeological and cultural resources. Please contact me at 951-770-8104 or at ahoover@pechanga-nsn.gov should you have any questions or concerns regarding the above language. Thank you. Sincerely, Anna Hoover Cultural Analyst Cc Pechanga Office of the General Counsel Pechanga Cultural Resources • Temecula Band ofLuiseiio Mission Indians Post Office Box 2183 • Temecula, CA92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need COUNCIL BUSINESS Item No. 15 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: January 28, 2014 SUBJECT: Tract Map 23103-2 (located at the northwest corner of Chemin Clinet and Butterfield Stage Road) PREPARED BY: RECOMMENDATION: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer Peter M. Thorson, City Attorney (as to the random selection process) 1. Prior to the consideration of the Final Map for Tract 23103-2, the Subdivision Improvement Agreement and Monument Agreement, the Acting City Clerk shall randomly select Council Member Comerchero, Council Member Naggar, or Council Member Washington to participate in the consideration and decision of Recommendations for Tract 23103-2 in order to achieve a quorum, following the procedures of Section 18708 of the Fair Political Practices Commission Regulations, due to conflicts of interests; 2. Following completion of the random selection process, that the City Council consider and act on the following recommended actions with the randomly selected Council Member as a member of the quorum: a. Approve Tract Map 23103-2 in conformance with the Conditions of Approval; b. Approve the Subdivision Improvement Agreement for Butterfield Stage Improvements and for in -tract Improvements, and accept the Faithful Performance Bond and the Labor and Materials Bond as security for the Agreement; c. Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. RANDOM SELECTION PURSUANT TO SECTION 18708 OF THE FAIR POLITICAL PRACTICES COMMISSION REGULATIONS: On January 13, 2014, the City Attorney received an advice letter from the Fair Political Practices Commission (FPPC) Staff advising him that Council Members Comerchero, Naggar, and Washington have conflicts of interest and could not participate in the Council consideration of the approval of a Final Subdivision Map, Subdivision Improvement Agreement and Subdivision Monument Agreement for Tract 23103-2. Council Members Comerchero, Naggar, and Washington do not have any direct ownership or investment in the Europa Vineyard Estates Project or the limited liability company that owns it. The FPPC conclusion is based on their business relationships with the managing member of the Europa Vineyard Estates project that is located across Butterfield Stage Road from Tract 23103-2. The FPPC Advice Letter states that while approval of a final subdivision map is usually a ministerial action that would not give rise to any conflict of interest issues, the approval of the Subdivision Improvement Agreement and acceptance of the surety bonds to guarantee public improvement as part of the final subdivision map approval makes it a discretionary action requiring a conflict of interest analysis. In this case, the requirement for the developer of Tract 23103-2 to construct the road improvements on Butterfield Stage Road were approved by the Council in 2005 and have not changed. After that time, the County approved the Europa Vineyard Estates Project and also required road improvements to Butterfield Stage Road. The FPPC letter is attached as Attachment 4, and the City Attorney's letter is attached as Attachment 5. In the event of a potential conflict of interest, Section 18708 of the Fair Political Practices Commission Regulations specifically authorizes the random selection of one or more members of a legislative body that would have a financial interest in a decision to participate in that decision, if necessary, to achieve a quorum of the legislative body. Three members of the City Council constitute a quorum for the transaction of business. Therefore, since three members would have a conflict of interest, one will need to be randomly selected under Section 18708 to participate in the decisions to approve the Final Map and subdivision agreements. A copy of Section 18708 is attached as Attachment 6. The following procedures under Section 18708 of the Fair Political Practices Commission Regulations will be used for the random selection of a Council Member to achieve a quorum: (1) The random selection process will occur during the Agenda Item for Tract 23103- 2 at the January 28, 2014 City Council Meeting. (2) This Agenda Report includes the January 13, 2014 Advice Letter from the FPPC which describes the nature of the economic interest of the members, the business entities involved, and a description of the circumstances in which the conflict might arise as required by Section 18708. (3) When the Agenda Item is called, the Acting City Clerk will stand in front of the public audience, with another City staff member as an observer, and place the names of Council Members Comerchero, Naggar, and Washington on individual pieces of paper into a clear bowl and folded uniformly so that their names are not visible or otherwise identifiable. (4) The Acting City Clerk will announce that she will draw one name from the bowl and that the Council Member whose name is drawn will be deemed randomly selected to participate in all Council actions related to Tract 23103-2. (5) The Acting City Clerk will draw a piece of paper from the bowl and announce the name of the Council Member selected to participate in all Council actions related to Tract 23103-2. (6) The Acting City Clerk will specifically record in the official minutes a description of the process employed and the name of the Council Member randomly selected to participate. (7) The two Council Members not selected will leave the Council Chambers while the proposed actions related to Tract 23103-2 are discussed. The member selected will then be entitled to participate in all City Council actions related to Tract 23103-2. BACKGROUND: Record Title Interest: Lennar Homes of California Inc. Tract Map 23103-2 proposes to subdivide an 18.26 gross acres (14.33 net acres) property into 37 single-family residential lots. The property covered by this map is located at the northwest corner of Chemin Clinet and Butterfield Stage Road. Tentative Tract Map No. 23102-2 (PA 04-0392) was approved by Temecula City Council on July 26, 2005 for three years. Subsequently, the tentative map approval was authorized to be automatically extended for one year pursuant to SB 1185, for two more years pursuant to AB 333, and for two additional years pursuant to AB 208. The property owner/developer then processed a one year extension, in accordance to City of Temecula Municipal Code §16.09.200, thus extending the life of the tentative map to July 26, 2014. The improvements associated with the development of this map are required to be constructed, and the survey monuments are also required to be set. The property owner/developer has elected to post separate Subdivision Improvement Agreements and Bonds for the Butterfield Stage Road improvements and the in -tract improvements, thus the property owner/developer is obligated to execute the Subdivision Improvement Agreements and the Subdivision Monument Agreement and to post the required securities. The property owner/developer has met the terms of the Conditions of Approval for map recordation and this map is in conformance with the approved tentative tract map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State law. FISCAL IMPACT: None ATTACHMENTS: 1. Fees and Securities Report 2. Vicinity Map 3. Reduced Copy of the Map 4. FPPC Advice Letter of January 13, 2014 5. City Attorney Letter to FPPC of December 16, 2013 6. Section 18708 of the FPPC Regulations CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS FEES AND SECURITIES REPORT TRACT MAP NO. 23103-2 DATE: January 28, 2014 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIALS SECURITY Street and Drainage Butterfield Stage Road improvements $ 643,500.00 $ 321,750.00 Street and Drainage in -tract improvements $ 1,683,000.00 $ 841,500.00 Water $ 184,500.00 $ 92,250.00 Sewer $ 126,000.00 $ 63,000.00 TOTAL $ 2,637,000.00 $ 1,318,500.00 Monumentation $ 8,000.00 - DEVELOPMENT FEES RCFC&WCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Fire Fee TCSD Fee Plan Check Fee Monumentation Inspection Fee Fees Paid to Date Balance of Fees Due $ Paid $ To Be Paid $ 694.00 $ 256.00 $ 1,206.00 $ 10,667.00 $ 400.00 $ 13,223.00 $ 0.00 PROJECT SITE LOCAT CH IMI \ VICINITY MAP N.T.S. SACT MAP NO. 23103 -2 3 AT THE NOT WEST CONE OF CLINET AND 3UTTE�FIELD STAGE 'ROAD NUMBER OF LOS.40 745MBER CF LE7TERE0 LOTS, 5 CROSS ACREAGE -78.26 ACRES NET ACREAGE. -74,33 ACRE'S OWNER'S STATEMENT 440 HEREBY STATE THAT N£ ARE THE OKNEB5 OF 770 LAND 041107770 WPM 171E 507701 S70.N SHOWN HEREON: THAT WE ARE THE ONLY PERSONS *HOSE 0045.1X710 NECESSARY TO PASS A CLEAR 575£ TO 5/0 LAND, THAT Yr 1107/'5'777 TO THE MAKING AND REOORDa70 00 THIS 5080109/55 MAP AS SHOWN WT,'N NE DISTINCTIVE BORDER LINE. WE HERESY 0055.47E TO P'J311C 715E FOR STREET AND 0165111 UMW; PURPOSES LOS 'A' THROUGH 'E'. TN25510. A5 5.40101 HEREON. 744E ALSO HEREBY DED7CA tE /91777525 RIGHTS OF ACCESS ALONG 8UTi0RF7ELD 57444, ROAD AND CN76N CUNE7 TO THE RU850 INE OWNERS OF LOT 7. 30 79, 400 40, 4857/17/5 THESE 5777/747)5 AND 0070 SUCH 711E 41/1 MAO? 110 RKNS OF ACCESS EXCEPT NE GENERAL EASEMENTS Q1/ /0/05. ANY CHANGE CP AUGNMENT OR 7Kilir/ 5547 RESULTS L5' THE VACATION 740000.'' SHALL TE7700/7? ir11S 0E01CA55N AS TO THE PART 0171040. A5 A CON?'7071 aF 0ED1CATON cF 107 'E' (AHERN LANE) THE OWNERS OF LOTS 72, 27, 25 29, AND 37 45117705 ;NIS HJa/WAY AND DUR+NG 0107/4 770E NU HAVE NO .4'.045 00 ACaSS EXGPT THE GENERAL EASEMENTS G•` :RAM!. ANY 0/1405` CF 4L10491ENT OR WEITH THAT RESULTS IN THE 04CAUON THEREOF SHALT r7R0NA7 THIS 10/0170.,/ OF ACCESS RIGHTS A5 TO K PARC 01CA TED. YF ALSO HEREBY DE01CA TE TO 717E 077' 00 TEMECULA THE 045 40575 IDR STORM DRAINS 01/05'AG_ AND 771)570774004011005505171175 WHIN PORTIONS 00 LOTS 4, 70, AND 32 AS 5704. H•0R0PN KE /400.007 RE -TAN MS PRIVATE EASEMENT 070'2 Los 7, 75 15, 76, 37 AND 40 AS 2/40744711ER£aa FOR PRIVA c 5100? AND 5707M DRAINS IIRAINAGE AND MAw70550/ E P1RP0505 FOR THE 50.'£ PINEFIi OF 0105'5105 077 5/C1.T50775. 4590575 AND LCT OWNERS ?OWN Tf5 TRACT MAP. 44 HEREBY 257457 OPEN SPACE LOTS .30 70/5501/ 44 LNCL0741,1, AS SHOWN HEREOv AS .0'EN 50A7: FDR PRivarc USE. FOR 717E SOLE 8000577 00 55R5ELVES Tx7R 5 575070175. 45557/045 AND LOT 04.7/.125 WNW 7475 TRACT MAP. /47 HEREBY Rf7A47' THE PRI1510 (45E0ENT OVER L055 35 AND 34, AS 5H04N HEREON, FOR 51.00.1, /1/71CA7017 ANO LAND.'r".AP£ 011747E1IAN7 PURPOSES FOP THE 507.E 8.17/5.77 a= 5/1RsavE5 OL'R SUCCESSORS. ASSIGNEES AND 107 OWNERS warm' THS MAP. 4(77X42 HOMES OF CALIFORNIA. INC. A CALIFORNIA CORPORATION 8r JEFFREY 7, CLEMENE NCE 1/2(5007/7 MARK TORRES VCE PRES1D0177 NOTARY ACKNOWLEDGEMENT STATE OF CAL15000// =Nix DF 17!5005100 f 55 GN _.2013 BEFORE ME. A NOTARY PVBLiO,CALIFORN/A. PERSONALLY APPEARED Yf10 FR01ED TO ME ON THE RAM OF 5A 75,40-70R7 £//0057 T4 BE 7,7E PERS(W(S) 11/05? NAME(5) i45/ARE) 558SCR15E0 50 DL?_ KININ m57RUMENT AND AL'19.7DW,EG„ED 70 415 THAT 5HE/5HE/7NET2 (XECUTED 705 54/1.1 f7/ (M/5//100/10/7) ALT.:OR2E0 CAPACI7Y(1 757. AND THAT Br (HIS/8ER/171c7R) SIGN471RE(5) QV T/E 1N5TRUMEN? THE PERSOV(5) O4 71( EN5TY UPON 8=HALF LT 4711141 THE 1705071(5) ACTED, .1X(77/710 THE 70058707 I C(R5FY UNDER PENALTY 05 PERJURY UNDER THE 5145 OE THE STATE OF C AUFORA/A THAT 774E FQ0 50HN'G PARAGRAPH 15 75'10 AND CORRECT. YA7NE55 MY HAND AND 07Fi5AL SEAL. NOTARY PUBLIC IN ANO F04 5410 Sr ATE NOTARY ACKNOWLEDGEMENT STATE 01' CAL±"ORNIA COUNTY 00 21'12510£ 7/1 PRINCIPAL PLACE OF BUSINESS- 15 IN COUNTY MY COMMISSION EXPIRES ALY COMMISSION NUM8ER O N ..2013 BEFORE ME A NOTARY PUBLMGCAL;FORNLA. PERSONALLY APPEARED Wv0 070+00 70 ms ON 717E BASIS OF 54701107017 _NO:NOE 1/-O BE THE 0.12511517(5) THOS RA00(5) RS/ARE) 5JB5CRIBE0 TO THE :417155 MSTRINE/77 AND ACKNOWLEDGED 70 ME THAT (17.1/517.1/1/!12 €,5EC'JTED THE SAM/ 7v (MS/504/.1_=7) Au7HOR10(5 040/0.151, AND NAT SY (1a5/HWTH5/5) 9GV4TUR1(5) Dr/ 7,00 1,457000.107 :7/5 0ERs0V(0) a7/ /WE EN1777 UPG4 BEHALF OF WITCH 7K PERS-OV(5) ACTG. E150777D THE TN5TRUMB.1? OER7707 UNDER PENALTY OE PERAIRY UNDER THE LAYS CF THE STATE OF CALVGRNIA THAT T7/E FOREGOING P A7ADPAP,4 15 RUE MOD CORRECT 477747SS MY HAND AND 07007./. SEAL MY PRINCIPAL PACE OF 65501(55 15 "OUNTY. NOTARY PUBLIC IN .AND FOR SAW STATE KY COMM15SOv EXPIRES MY C0I/475516N' NUMBER EN THE CITY OF TETAEL1/LA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 231032 BEING A PORTION OF PARCEL 7 OF PARCEL MAP NO, 22554, AS SHOWN BY MAP ON FILE IN BOOK 147, PAGES S4 - SB OF PARCEL MA95, RECORDS OF RAPERS/DE COUNT.'. CALIFORNIA. 7751 ENGINEERING OCTOBER 2072 TA% COLLECTOR'S CERTIFICATE ! HEREBY 0.ER5,7 77/47 ACCO0D7NG 70 THE 7700058 7115 DfFICE A5 OF 445 DAT THERE ARE NO 11745 2017/157 THE PROPERTY SHOWY OH YE WITM•N MAP FOR 57/PA:0 STAT, 07JN7Y. 71177/.'00/2, GR LOCAL TAXES, OR SPECIAL 155r'SSM0N75 COLLECTED A5 TAXES Ex7P7 TAXES CW S 0047 ASSE5917/i05 COLLECTED ,45 7415 NOW A LIEN 80r NOT 1/7 PAYAB_£. 5501/01 ARF ESTIMATED 70 BE $ DATE, 201' DON KENT COUNTY TAX COLLECTOR B Y - DEPUTY TAN 807/6 CERTIFICATE S HEREBY C_F0FY THAT A SONO IN THE SUM LIE $ HA5 BEEN EXECUTED AND PILED WI'71 THE BOARD OF SUPERVISORS 00 THE COGNY or R0VER955, CALTFORN/A. 007/757_50 50a/' 717E PAYA5057 OF ALL 7&777 STAT OIX/N7Y, 05/77 0AL, OR LOCA1, AND Al SP50AL 455EU54ENTS 507150770 A5 74705 *UCH AT irk- TAME 7( FX/N0 OF THIS MAP Wr r 7 COUNTY 0(0570ER AREA LIEN 4114057 SAID PROPERTY 61i Nor 447 PAYABLE AND SAID 807/0 HA5 a -EN DULY 1.0000000 BY MD BOARD Cr SUPER/SONS DATE. 2073. CASH OR SURETY BOND DON KENT c0uR7Y We =LECTOR KECIF HARPER -77450, CLERK OF 717E BOARD OF SIPERV50RS EY, D 7101/' 87: NOTICE OF DRAINAGE FEES NOTES /5 HEREB7 pnv IRA/' 7755 PRCPER7 70 LOCAr0 IN THE MURRq`TA c 4/017/ WARM 5'275115 ✓ALLEY AREA 00410450 PLAN W/ICH WAS /OOP TED 8Y THE BOARD 05 5,IPERW50R5 0,- 7:+5 LCUN7Y x1/770/50050 50475/407 TO 5E0704/ 1525 OF 07017/417/50 450 4)40 5707707 65467 ET 000 0` T7/0 GOVERNMENT COO( AND 71/747 sm0 PROFER7Y IS 911/.0117 TO FEES FOR SATO CRAIN/GF_ AREA, 6,077,.� 175 FURTHER 5IrEN 5717, 05050407 70 555705 70.25 115 5RINNA/C£ 460, PAYMENT OF 7.10E DR1INAC£ 275 SHALL BE PAID W,N CASHIER'S CHECK DR MONEY ORDER ONLY TO THE, R0/5557BE COJNTY FLOOD COWPER. AND WATT. CONSERVATION 075701117 AT THE TIME 0.0 1555445E 00 T7/E 551/01/0 05 801771NNG PERMIT FIX? SAID LOTS, 4 0540708 OCCURS FIRST AND THAT THE DWYER O0 EA7H 107, AT 711E 744E or 5S5UANCE OF EI5ER 5,7 GRADING OR 854_17ING HERM?:, SIAL PAY THE FEE 05052£0 A7 /7/r RATE N ERCT AT THE 710E DE ISSUANCE 05 Tr 405042 PERM/7: ABANDONMENT NOTE P JR5UAN7 TD701177'0.45 -55434 AND 66499,20 1/2 2? THE 5550714505 MAP 400 TLE APPROVAL AND O 05504505 OF T/.15 72407 MAP CV/SPRITES ABANDONMENT 0r THE F0_CCK7NC: THOSE 1/905 17 00 AM 11700/tXfuE GOFER OF 50/GA700 FOR 00615 ROAD PURPOSES 15(7.1'011/0 pu8UC !Our/ S 107011E 1/705 PEP 70500IENT RECORDED 00(1475 0 72. 7958 AS .17,157 7/0. 775016 0A. 01;4 CO, /07/6N 1/15 72457 MAP, AND N07 SHOW, HEREON. TH057 0027/0'5 00 A DRAINAGE 0405/00? FO/ OR47HACa PURPOSES AND TEMPORARY /55555/50.155 002005.15 PER 000347055 RECORDED ON JANUARY 4.2064 AS MIST_ NO. 2004-0024936 O.R. P.V. CO.. AND RECORDED a7/ 1.:0Y 22, 2002 AS 1K57. 110, 2542-407205 47711/7 005 TRACT MAP, AND HOT SIORN /1/ 7557/. SIGNATURE 04/S5IONS •055054147 CO SEC705 55436 Or ME 5080047/05 MAP ACK THE 9741470205 OF TME FO!7OWTN0 057/'75 OF EASEMENTS AN0/0/ OTrl97 /477E5S HAVE 8601 OM77/E0: A RE517077 N- 0.0 ALL MINERALS. 0'L 5AS AND 27575 BELOW THE DEPT? 0' 503 FEET &'100 THE 077540E OF 5/JD LAND 557.1007 THE 0/017 0= SURFACE ENTRY, 150(700/00 BY KAISER 05705PM£N7 CO4PAN7, A CA2FCi7NIA CORPORATION 4/ DEED 01558015 7/0/7 A? 13. 7987 AS IN57R5MEN7 NO. 326391 OF CFFOAL RECORDS 07 sun 055X744, AND A.5 0040/7.16 70 76711175 INVESTMENT CORPORA7ON INA 011501/.17/7 REC04Lt0 Ant 15. 7086 A5 INSTRUMENT Na 59500 OF 300AL 00(00D5 Cr SAID 000N7Y. 5:1007 1 OF 5 SHEETS 850070ER'5 STATEMENT 07LE9 THIS DAY 00 20._..-, Ai _.M. IN 800K OF MAPS 470450 AY 77/F 8000027 OF 7rf CTY 7/70/5 CITY OF 7EMECUL7 NO. FE2 LARRY X. WARD 15'5.1550? - CIXA'7r CLERK - 70501'55/1 BY. 7001.77 9.871155107 844,14 ' N3:7H A7/Cm/ 71 TLE COPA//% SURVE5OR'SSTATEMENT THS OAP WA5 PREPARED BY ME OR UNDER MY DIREETTCN' AND 15 EASED CW A OEM 5L'8;Tru[ O.k'FORMA4C£ 61:7/ THE REW:H00T5 0= THE 5U8D11757CN MA0 ACT AND 00141 ORO1NAN5 AT THE REQUEST OF LENNAR HOMES OF 717/50.RN7A, INC. a'I A6Pr 2072.: riENE57 STATE THA .7 ALL 4/5 717ENT5 ARE Cr 7E CHA.:4CTP AND OCCUPY THE 9057707/5 17 07CA/ED OR x47 THEY N7EL 8E 5£T 5. ACCD8OAN5 '/77/1 ME TERMS :F THE 70N0MENT AGRc7 7707 FOR THE MAP AND 744.17 THE MGNUMRI0 S ARE, 0? 4121 BE 5UFFIOENT TO ENAKE Tel SUP'rEY TO 8E RETRAD, ANC MAT THIS FINAL MAP 5UBSTA115 i1 57.(0021/5 70 THE (0ND770NALY A 1/00100 11717/ 0( MAP TH:s St/RIC' 7S TRUE AND 501/PLErE A5 510471. N.0777yfo LS. 41) 87?6 Cxa- 6110114 7 ! DA Tr: 2073 FRANK A. ART/GA L.S. N0. 8716 EJP. 56/30/74 lam' 74 CGL{ Cts' ENGINEER'S STATEMENT f 4E4E87 078570 2{17 /Hi5 MAP 50N5/57A'C D 5 SHEETS HA5 SEEN EXAMINED BY ME 5R UNDER MY SORERWSION AND FW65 TO BE 5U657AN5ALLY THE SAME A5 !7 APPEARED ON 7:IE 0 7/745/? MAP OF TRACT MO. 25703-2 A5 FLED ANL APPROVED 8r 777E 0770, T71E7ULA O7 4/07 25 2005. 7Tf EY1RATT05' DATE BEJNG X./NE 26. 2011 THAT ALL PR055ION5 O.- ARPU(s5/5 57/7? LAW AND 077 RE574505 RAVE BEEN 1154107/00 WTr% AND THAT f AM SAT/Soso 7115 MAP 15 7811E-1/ICALLY CORRECT DATED ]His_ DAY 00 201' KRIS R. WINCNs.K. LS_ 6540 (AS DELEGATED) CITY OF TEMECUII. FD8 GREG BUTLER Cil' ENGINEER CITY CLERK'S STATEMENT THE 077 COUNCIL 00 7/.E CITY OF /7T/E71L. STATE 00 74144047/74. 844 ITS /571, MAN 044..100775 CAV. HEREBY APPRDWS THE TRACT MAP AND 407075 THE SER CF 000/5/70.0 75 1017 Tn77054 'E' /001/9✓z MADE Hu7ED4 FOR P'JEUO ROAD AND 95807 50/37? PUA'O5E5 AS DEDICATED. SMELT TO 47045 E6£N75 707757RJCTEL 014C"Cr:DANCE MTH CM" 57507500/1 aE /150 H0RE80 /CCP7 THE (45(917/75 07179 PQRTON5 /70 L075 4, 70 AND 32 FCR STORM 00.4745, DRAm'A50 AND MAI07EH1NDE PURPOSES A5 CEO'C17ED. 85 k-00 HERESY ACCEPT THE OFFER OF 0CP'G400 75 ABUTTERS RIGHTS Cr ACCESS ALa'15 5'7//07FLO 5745E ROAD. 078/1/1' CUNT AVO AHERN LA7.15 AS DEDICATED, 677 HEREBY ACCF7 THE 404N55xm947 OF THAT 005704 05 PL5L/0 ROAD ANO PUBLIC !17117 7 S:'R}10ES E45 7cN7 AND THOSE 00200.55 G0 A DRAINAGE (150(717 FOR DRAINAGE 004005"'5 Au0 TE 150.4.0/' u'CRE55/00055 PH/POSES AS 5/Haw Cor' THE ABA•NDCNu£N7 NOTE 41EREON. 8Y: 2073 505117/ W. JONES, CIAO CRY CLERK, CITY OF 7EMECULA/5550577/' 7174ECULA COMmumiTY SERYGE5 arS7RIC7 55028, 5.7S., 8.211. FD. 1' l.P, W/TAC L5 71788, 11091 ACC£P7651 AS C/1 INr OF 90114611648 STAGE RD., PER MB 370/40-97 - IN THE. CITY Or TEMECULA, COUNTY 01 RIVERSIDE, STATE Or CALIFORNIA TRACT NO. 23103-2 UEIUG A 7011115N OF PARCE.I. I OF PARCEL MAP NO. 22554, AS SHONi4 NY MAP ON FILE EN 00014 14'/. PAGES 94 - 90 OF PARCEL MAPS, RECORDS G1 RIVERSIDE COL/NN, CALIFORNIA, 467 7NCINEIRING OCT0DE44 2012 9069 FR 1" I.P., 1(5509(/: ACGTPiE0 A5 072 EC, PFR 181 ( � J20/79-97, RESET W/680 L5 8719. 1 I I I• I Biu } z t i I ! ! 961'49317001 SEARCHED } �{I �.�" -. W. 90/1040151. } BRACT N0. 73209 50-5$11 M.O. 320/79.-97 1 A } 1 \ --SNrl 4 \E1 99027481: 4.14' (X8678'017 3.25) FD. NAB, W/1AG CS 7278, ON 75(48, ACY871E'0 As POINT D23 LINE ONLY, PER 460 320/70-94 oyl z.,1� 4E1 (/9"'199 LI. 1 1- AIERN PLACE 32 i 1 ENVIRONMENTAL CONSTRAINT NOTE: EL4VRONMENTAL CONSTRAINT SHEET AFFECTING 7412 MAP IS ON FILE IN 111E 0/5ICE 01 THE 91459512E COUNTY SURVEYOR, IN EC$ 0001t_j_. 0801_321C_ 11115 91764'IS ALL LOTS. CLEW DAM 410. 940972 D£1 TA ARC TAN CI 27000' 08795221' 39.9/' 19.99' __-- (27000). _._...,(0879571 [4000] L70041- C2 511000' 035624' 351,40' 17527' (0356751 (351.422 (47578] 43 (150002 1420'54' (3299) (1888% .01470'459 1:4 485600' 3051'05" 260098 133741' (4855061- (J090'49') (259972') 05 _- 4800 00' 2232'08" 1915.66' - ._.. 970.85' G8 480000' /976'007 7614.07 814.73' 47 430.00' 075670". 59.50" 29.03' (757'59) (59.77) C8 500449 10'4548' 93.92' 4710' [10'45'397 (9351) 09 40000' 1440'12" 107,42' 51.19' (4'41641 (102.52) C19 40006' 64462• 47.01' 23.57' } \ \ \ 3SHL T 5 !.\. 37 . 1 \ TO 1' 1P., 8LEp91.4 7201 ACCEPTED AS P4kNTS (5 CAR. PCR 110 320/79-94 RESET /6/240 1s 6716. 7R4Cr 110 23101-4 MR 265/60-s3 475 1 ` 91 W/106 40 60.37„,„ RMS/, ACaRTEO .40 LOT 28 i -` (q4., PER 469 765/56-59._". LOT 28 FU T' 14; W/TAD 15 6637, 1TUS/1_. 4(4971(0 AS 500 COR., PER 468 245/55-58 UNE DATA 490 LF REARING 8557748'5 /490828755/ -780027'46'x] 015142(5 12780' /127 4/57 607.70' (607.65'1 1 96918'50'00 828949'19711/ ._- 41797754117 (9787175£) _ A'00774ar �[11P777'457] [11002/487:1 31017' /3102!) 164.99' (16500) 3319 3240' 1200.52' (11996x) 955'40242' ]N55'44'21'E1 19 110 111 417 1007079'W 81196446W /10421237"5 /X035875'£) 07336'411V ([/973:1671141,1 /'73515714 (97332'03'4) 6843' /66477 5539' /6568) 181.79' 118139'1 [(7976)) (7943) 3 /067S855'w (9675825/6) 85070''09'E (2507029'£) /65378'03 f (90325'05 E) 25030'097 (959;1079 t) (10854) 230.58' (23049) (3376) 28087' 1 55020'00'£ (115030797.) 80472'37f [1184232771 18.40' 171.34' [17741'1 N6451'37'W 99.67' SHEET 2 OF 6 sH4(rs 51'1 E VICINITY MAP NO SCALE: SURVEY PROCEDURE AND SHEET INDEX 1I/ (st: - T -.S.. NOTES 1. 945 8A515 09 BEARING FOR 405 5UD0219912N 12 9i4 545501./' /AYE OF 18127 73209. PER MB 320/ 79-97. BEING N 0027'45- F. 2. • 04901'5 FOUND (501661 N7 AS NO6ED. 3. 4) crows SFr 1• IROS P1P6 18• LONG 41711 YELLOW '288505 PWC STAMPril L.S. 8710. /2.5511. (R10.. CO. 5T0. "A" 624546566). 4, 5E1 1. NON PVC 18' LONG 141711 YE(508 PLASTIC PLU0 5904/915 L5. 8716, 11059. (RI4 88454 009915 0TAN0000 "A" 46044/41/'96), A r FEAR 091 COMERS ANO ANGLE POWT5 IN sot tot 01455 UNLESS 80/60 0715'94950'. 5 SC1 (510 R TAG MARKED l5 8716,1N TOP 59' CUR11 (9959865 (09176 57480100 -E) 04 5205 La' LWES P80094160, IN 1150 Of FRONT 107 CORNERS. G SET 4E00 8 444 1.10000 1.5 8746 15 TOP OF CURB, (F1LE.R855 (091177 51090500 "E) FOR 0Cs, ECs, Pres, 51(64, AND CP'w517 CUIIIAC:Y5 PR95CI£D PERPENDICULAR P7 RADIAL ER044 CENTERLINE 7. All 99591.945' SET PER 91!9990£ COUNTY ORDINANCE 467.20 0 A41 410NUk0015 561099 AS "SEI" 5/4AL6 UE SEF 1/4 ACCO OAN6E 441/1 111E 1080.45NrA nG'4 0075439..91 F08 1195 46,41. 5112 184(7 15574815 18.25 AC14.5. 0705S 10 ( ) DENO1ES RECORD AND 95'850959 DATA PER TR 23209/6.0. 320/75-.07, 2/91555 01/1504SE 110110. FS. ( ) 06910/05 RECORD /115 MEASURER 001.4 PER TR 23173-1/44.8 252/29-31, 01425SS 0111ER49SE NOTED. 12. (( )) DENOTES RECORD 9871 PER RM. 22594/646. 147/94-98. 13. / 1 5580155 85(809 0014 PER TR. 53100-5/14.0, 265/59-59. 14. /1 11 D(N0155 RFCORO DATA PLN TR 23100-3/14.0. 222/47-40. IS (( )) 17E1107E5 8ECOF0 DATA PER 70,. 23109-4/118. 249/57-60 16. 048940E 94061(9568 5114(6 0E 8E77 5055 OF 89/0.79955 AND O8SIRUCRSNS. 47. .Ll././_ 649154850 6721/10145/ ANO 00411£ RIOil OF AC0084. 0. EASEMENT NOTES- 0 4'8.50.970 (54' now 904/95 0RA0444( AND MAINTE 4/450' (117R05£5 950)CATE0 11EI7008 TO IRE 0110 0f' or /EMCCU4A [9845054'4 (4^ EASEMENT 526 /5949 /C SLOPE ARD 69489444E I7URP92(5, 9(644/00 Worm. 1650:40097 ,39827' /.LS 513006/ FOR (450550/1115 AND 8851016174 11191,0516 04041770 70 (95030'2.9V (30.£ 18) /446(41x4 C01/9UNU7 3E9,005 551846 PER 000UUEJ4T atc2R5 5 0/6 .479E 7, 7002 85 0421. N0 2272-389585 90,. RIV C4 [9162) 70, 1.12. W/TAC LS 8837, 011. 02; ACPSP/FU A5 LOT 28 COR., PER 140 255/58.-59 /4\540E1011 FOR 0888/90 PURPOSES ANO TEMPORARY 11109550/5055/ 09010SE.S CRA6109 10 5715 or TFMFCWA 1/4 RIE 006095/61 RECORDED .91122. 2002 AS 4/151: 140 2002-400298 0.1. 610. CO. FASC6ENT 155 999)9/5[ /9IRP05 2 GRANTED TO 077 OF 7[1(50184 441 r1E 00000592 RECORDED 1(010450 14, 2004 As INST. NO \ F0. 7 4P, 15((01$01', GN 02; 2004-0324938 ON RN. 6 \, \ ACCEPTED 05 RAY E.C., PER MU \ \ 252/29-31, RFSE1 W/!AC L5 \ \ 8716. 95108'467(9) \ I n$ NW 502, 5014468,, PER 46BnLti'El r£D \ 74) 2 _ I 252/2931, 8(055 W/745 12 0716 107 28 TRACT N0. 22/80-5 MD 205/56-09 f0. 1» OA IV/TAC 1.5 6637, FLUS/5 ACC£1/59 AS LOT 20 CDR. PER (10 209/58-59 FR 1• N'. /6/145 (5 6637, 189511, AGCEP115 AS LOT 18 COR.. PER OR 285/56-59. 70r U 00I0/15 (855/1'60 109 550 L; 69800009 AMl 0890506E 84/ 47(9ANC£ 1689'0555. y • \ 1 \ /-- FO. 5 /.1., TUMBLE, Ftu511, ACC/'WO 05 (5 610. OF 0781119 004101, PER 460 252/29-31, 0E557 W/440 1.5 8716 /1, /6/145 RCE 27360„ ON. 03: ACC50/50 AS 107 /8 - CDR, PFR 10 249/57-60 1 8401 - 200 FEET 0 200 400 600 800 ,�� M Ngl�/'gy FR 1• (P, 210(.0955, - FIUSH. ACCEPTED 40 0L Alt OF 5NF61N £UN515 05557 W/1.40 LS 8715. 554X41450 -- 1009N0 FD. $CC 0r749 5 1(5571/5, 1/05/1, ..\.n--� .. CuIDPI£01/5 SW 6009. \. '\ (006845 PFR x8 252/29-31, \ \ \ RESET kg/TAG IS 0716. TRACT 50 23193-1 .\ '\ N.U. 252/29-31 \, • \ LOT 5' - F0. 1 8RA55 DISK, W 4511 1('2A., 11.150055, f1D5/6 ACCEPTE0 AS c/L LC, PER 110 252/29-31, RESET W/TAC 00 8216 to. 7 9P IAC 11.1.5591.E. FLUSH, 46257/50.45 CL INT, OF 01508/ 62,IHE1, PER UD 222/47-4/4 RE.S:7 W/790 L5 87/4. DETAIL NA" SCALE: t=60' FD. I' LP., LL1£d91F, 0/9 02: 65CEPT(0 AS 0/46 52., PER MR 252/29-.61, RE9: r V7/TAC 12 -- 8716 4 r 10166 40 IR. No. 23100-3 0.S 98 272/44-49 113975'5110) 9477840" R _ 85'8140150 651/6190 50' - -- 935'49'50"1' 104.71' 5]' ]]1135a9'25E 104,71'() • 'CIO09 (/43981 42I4/E7 454700251/50 08455 0458 18 002.1- 4 6FL 1x8. %LE80(5, USH, TRACT NO 23100-3 - . ACCEPTED AS 24. EC, PER MU. 772/44-49 TRAC7 410. 23103-1 178 252/2931, 51:0u/ W/7A0 (07 67 I/O 217/79-31 LS 8216. 1001 SEE SHEET 4 z SEE SHEET 4 SUR4ET045140TE5, SURVEY 8 7298)6: 14004. MAP, EASEMENT NOTES AND ENVlRONYf719A1 0 869RA9? NOTE SEE SLEET 2 955 4.'3474105111 9.1330' 6 N607902"E(R) 0=070015' 1,17375 IN 171E CITY 00 TEMFCULA, COUNTY OF TRACT NO BENG A 0051105 OF PARCEL 7 OF PARCEL MAO N0. 22554, PARCEL MAPS, RECORDS OF '55L ENGINEERING RIVERSIDE. STATE OF CALIFORNIA 23103-2 A5 SHOWN] BY MA9 ON FILE 1N GOOK 147. PAGES 94 - 98 07 R0539IDE COU575, CALIFORNA. OCTOBER 2012 "OPON SPACE" 1.17 ACRES ai534W 199 BUTTERFIELD 3=455532' 561553'43• 951.56.50' 746.03 5 N5858731(5) 0,0127' 5=445.15' 1-478.40' 5858' 11-04.4449• L=42089' N52'453r45) //519210"E5 13 14 772 � R=5)7003" 0=9444'49" 4,42337 28772 121.05' 14/46' 4 0=O2'39'44' L-733.16' 0=017223• 1.-r21.Or SAINT CROIX NOW Lit 2553' I0 STAGE R-4sop.05' 051741539 L=163207' 57 5 10 5353537"14 139.00' �I 3 150..74• N3475'48W 16501' 903475'4715 LOT 'A' 5051044'12V3 Fp !P, 5/74.0 15 6657. FLUSH, ACL'8P7EO AS 9907 28 CCP.. PER M8 255/56-59. F0. 1' 5'. AW/TAC LS 0537 01.1.15H. A77E1`7ED A5 407 28 702, PER N8 255/58-55. 0035514' 1=35740 7905- 04.74 j 80. 1 BEARIA'0 jCiSFANCE: 5.05' 21.18' 751,78' '9.971 4.97'1 7047'' 485' 11 p 9135'4077? E! L2 i 0,8435'041v! ', 93 j .N.5.971791"! i 54 154)21055'1 1 95 ! /173254219 j 16 j 9034'0 45 W 1 C7 1 N347845181 ! 15 I 0'5576559101 15037 ! 19 !/1748.856"81 009' L/0 L/) I L12 113 • N7:7579191 4.25' 5353.04"5'; 2151' /04.552971' r 879' 502'4/',35'£ I 2560' 2502' /530)' 9347538"? 1830/' 70, )7, 5'/196 L5 6637. -' 971. C2', AC43Pr.D AS LOT 28 COR.. PER 03 265/56-59. F0. 7' 2, wfAO 1,5 5637. FLUSH, 1770109 A5 LOT /8 CUR.. PER 179 265/56-59 WRAF 04.74 50.1 5.40235 I DELTA ARL' I AR C7 1 22007' 1 072647 3509' 1 17.57' 72 i 27,900'1057125r 2179.1 !LSD' 73 1 27000'1 077331' 11.39'1`565' C4 703550'1 025579' 36.55' 1 1632' 25 ! 5050.00"9 5072'21'1 78.15'1 9.071 05 i 10000^0' 10211299' 3559'1 77.79' Cl ! .100.00'10725-47' 3E99'1 /952' C8 i 97000'1 .0282'19" 34.57' i 17.26' C9 1 3350'! 071547 42.89'1 27.47 C10 1 670009 514819' 299 70.56' C7 1 49800'! 547.9'3:" 5.171!! 9086' 772 1 .270.00'! 0878'59" 35.9!"1 7999' Cr3 f 4010'1032635" 1404'1:2.03' C14 1 430.00'! 035599" 25651 :293' C75 I 3507 f 72'49'57' 4448' 25.87 j 076 1 15.00 1617402 • 2131'2 12. 90' ♦W♦ \�'2 �A7379'78T mac. /540' h Rrt.62A7• 9=1470'54• 1=37.,55' 55378567(97 6,69-49'31"4"8,1 57 ROAD 7LP., 870581E FUST ACCEPTER A5 Nw COR CUTBACK PER Ars 252/29-31, RESET 09/TAC 25 8716. 55 bg 16 I 6,5740'9-1' 73552' x 57 57 h 2 Narra'a f R= 1455 447 55746:,/1 C4 83273791,. 8237 L SHEET 3 OF 6 SHEETS fv_ I' 5P., ici.C619LE, 71555.. A7CE0110 RS 71 INT. Or C511355' (!,WET PER N9 252/28-3i, 8650- 9/7,40 6RT9/74.0 LS 8716. 7" I.P., 11107!34. FUSLL £.5&14!.ACCEPTED AS 553 COR! iI 7024.1x, PER M8 252/29-31, RESET W/TAG LS 8716.-I� N55030021(R1 6 5557739.M 6,5059'4372j C2 f 5351071 w 7:15 �f 7723'?.d23P.' w�I � rG,v377:zs.C1 0r 15 `� {T7 5347849 C 9 N39'x4-7515'N <5 748' l ca 532' 75268 I ? \ 53428"49W 3755) F0. 1 1P, 6/TAG L5 5637, FLUSH, ACCEPi91) AS TCT 18 COP.. PER M5 265/55--59. 40 OPEN SPACE" TOT LOT 1.10 ACRES :0. 7 • LP., 1LL7Q$LE, 1.N. 0.2', _.497 A7794.0A5R/5'"7„ P.s-'y8 �Y 252/79-31. RESET 5'/140 2P -5.7,577.55! S 97/4 5(1.-( l a' 15� � f 954 ';.%5>14 FD. WEii GCh.. ILLEG18a,, "ft - PERA„CLP,cu AS c/1 E.7/. PER 98 252/29-31, RS5ET w/7AO 25 0775 4.0. I' 1P. ?/YAG ACE 27366.. FLUSx, ACCEPTED A5 LOT 18 4,-", Cat, PER M$ 249/57-69 1.79771 7 ia07 - 40 1.. SEE SHEET 5 SURVEYORS NOTES, SURVEY PROCEDURE 9IDEX LEAP. EASEIFNT NOTES AND 04596941401TAL CON0599149 NOTE 5.0 SHEET 2 500 o 1 ;6 fig THE 0276 OF TE6ECUL4, COUNTY OF RI2cRS!DE, SATE OF CALIFORNIA TRACT NO. 23103-2 BENG A PORTION OF PARCEL 1 05 PARCEL MAP NO. 22554, AS SHOWN 6Y MAR ON FILE IN BOOK 147. PAGES 84 95 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALiF0RN19, 150 ENGINEERING OCTOBER 2012 38 "OPEN SPACE" 1.17 ACRES 4:91' 6 V4° A1 5 66 0 c sy. ,$0 \ 115 , i7 aC 155 55 :D_ r 27 14/140 (0 6637, FLUSH, ACCEP.e5 A5 LOT 28 Asi COR. PER M3 265/56-59 -y 12 sit A5' '5.1 R'�1. �y 1 gyp" / •.,5T2'03'w 5252 �F019 7.115-1 26 z! xi 220390'47 W 15262' N035047'10) J 27 14 450'42'441110) 30, 28 id 25 a, 1" X03724tW 70026' Nasl54717WR o 600R2 --- 40299,1EV 127.99' e.„4„.%, 16 N89203114R) N8S52'2`7{RJ (36 027. L40 4 it P° q49 24 s, 154.30' 23 14323307'6 2095' 171.5 4575452.4 '9255 45.14122- yR) Lf3 15 279.37 .74' 5.02)18934' 39' 5[727'4871 6511" 73550' 1 12508' ,(1171C M,0,111.fiHN SEE SHEET 3 1/745 t5 6637. FLUS1. ACM7TED AS 509 CCA., PER 748 255/56-59. C R1 755 1.3 _ <0 [L SHEET 4 OF 6 SHEETS UNE OA TA NO. 1094&40 15201952 57 { /9095307 1023 5.2 i 40279147-c 6.09" (5I 7(I757145 '2.53' 44 427'49'45'11 20.281 55J 7779725.4.017.1 1229'1 (51 N16,451,97 6.61'1 (71 112(5372161 879' ] 76 1 12757877E ( 17521' 2 (91 47672357' i 121.49' ! 210 1 770 55"19'71' 1. 2225'1 L711 11397676'1 1 4* 404''022'7 I 6543" i413 i X0972287 1 4037" i (74 1 (14.7-46-14711E 76.3011 115 1 775272'487 275.07' j 216 17445025"09 20.70'1 071 72777227 { 2555' (181 118555737 ] 2520'1, 019 1 129 55007! 2765'; 420 1 9647917171 1 556' 227 i .567957971 1218'' (72 1110-57"347- 20.09'` 120 4227371 :Y 02.82''. 027 i 11225525141 4996'1 529 EN03r1747W 1 18.0011 (50 ; N137;36711 78.09" 7 5512 I X5552"3271 1576' (25 1 1100774.8-E 1 20.36,] 0331 4 031'42711 27.43 (34 1 450'3142 E 1 245' 1 L32 14644854471 l 46.55' (35 57958156711 16.071 (40 117978'3271 21.53' 241!NO3'43'47Wi 32 OG'? j (42 1 4257076161 3500' 1431 .70444'0471 f 4747'; 0579: DATA 110. 040535 1 055 25 ARC 1 Ti(F1 01 I 73007' 1 54'321:7 57.8211] 2897' 07 1 20509' 1 081305" 1492'1 7.45' 05 1 28555' 1 16594811 29,64'1 :4_93' 1 54 1 70457' 1 2577'45' .u..55'1 2206.1 145 '; 42554')' = 470213" 39.42'1 258' C6 1 45051205732' 23.59'1 72.02' C7 11 3.30_00".,.065.077" 5565120421 08 4 30200"1 20'40'06- C9 1 00'40'05'C51 153.015 1 2273'331 3908'1 35_75, 0201 4809'1 171226' 2434.1 7,48'1 551 210.47 117'4459' 5537'12776' 022 .:3500' 1 W46'0' 48'65' 97.78' 1 34.07' i 0131 164.37' 1 251742' 82 24' 1 4577' Cla J 30005' j 18'5214' 9687'1 49.671 025 1 184.37' j 255142' 82.24'1 42.771 0251 2525 1 677705' 41.20'1 2522'1 5271 59002' 1 0570'30" 6a30'1, 2268'1 0161 27509'1 08701O8 " 37511 109.9'1 029 1 670.95' j 017477 14.95' 1 746 029 1 48.550011 055739" 81.42'; 40.71'!` 0211 120,96' f 014327 307.1 1.50' 022 ? 47001 1 525725" 2.7511 1.58' 1 023 1 23100'1 64'45 D7 27.371 1559 C74 i .5500,7' 3 0475'7' 24.78"1 12.45' 14751 394100'1 057732" 21458' ; 1430' 0761 MOO' i 0757'35' 37.37' 1 18.67' 017 028 C29 4500" 2454144' 1 2022' 1 10.27 =C0'1 537'2.5'20" 139.36' 11468' 7000'1 0375'10' 3774' 1997 GRAPHIC SCALE SURVE70 70 N07ES,, S PYSY PROCEIA RE INDEX MAP, EASEi7ENT N07ES AN0 D4VIR04805TAL CONSTRAINT N07E 4E 57200 2 UNE 0474 xQ 5544816 asrAta- 471 41779'158.6 L2 455371.66"W 19.01' 528355211 19.69' 14- 70572'06"4i 1269' 15 j10587872.79 1555' 161 53758'4211 21.9E 07 7 N250501.74 01"4 7267' 08 f .5711482.01 24.47. 9 ; 764-4555"4 170 1 112044731 1111 7807237E 1112 1 115737576 041 05977481 20.74 1:75 I x0727481 33.79' 06 5007749E 3.779 1771583'42'491 7945' 172109243591' 3794' 1175 158542591 0089' 2290' 1502' 74.75' 75.21' LTl4IE 0,17-A CURVE OALA (C051.0 IN THE CIT:' OF 71NECULA. COUNTY QF RIVERSIDE, STATE OE CALIFORN7A TRACT NO. 23103-2 BEING A POR710N OF PARCEL t OF PARCEL MAP 140. 22554, AS SHOWN BY MAP ON FILE iN BOOK 147, PAGES 94 NO. 1 RALVU5 ; OE'17A ARC TAN 1 ND RAMS 7175 I 411 ; 7AN ? C1 i 30077 70'3939"7 6042'13080' 5 C25 29009' I 707255" 195929" 25'4771" 51.65'1 2527'1 5947' 23831 5024',2566.1 C21 330.53 037603' 198E3 9.47' 0771 37000' 1151 530071077347 42.60'; 2E33. 0281 15000' , C4 27009' 705157' 51012558' C29 1 71097' 19259'32" 15.147 7.57' ' CS 109.99' 1 333856' 5673'139..24' 0301 4800' 527404- 43.91'12563'1 7179' 779' 06 4900'l5930'17 2556' 1109' as71 50505' 07'4137 78 4900' 247414' 2449' 72.52' 037 i 52700' X022525" 1 7594' 052' 11i9 4607' 555377 3554' 7602'. CSS / 30809' (0:731'38" I 2.75' 1.39' 1117 3.5500' 074829 44.93' 220 034 1 30000' i 11072'07I 7.55' 053 C121 270.131 1745'37" 8.157' 42.70' 0351 .7309' 0720'421 704' 552'J 6731 257.09' 167606" 7574' 3535' 6'741 32509 745347 5558' 4183' G151 3990'1 703757" ; 56.899 17553' 076E 30997' 167686" i 8787144.22' 077; 27009' 025747 7396'1 6.98' 079 ; 485599' 607925. 7872' 1 5.06- C79 1 .7310.1' 12173177 156' 7 7.53' 0201 30900' 975052' 41.59' 120.58' 1127 10909' 070755" 36:91'[1548' 022 1 33509' 0770'47 197' 1 .151' 525 405307' 073572" 46.50" 2144' G24 485800' 617'3311" 4E8772144' C251 655500' 90'59743.5806'127.54`l 1 0201w 5595556"3/ 27.86' 36 35621' 155,9 - 98 OF PARCEL MAPS. RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. VSL ENGINEERING OCTOBER 1Di2 AGE L°`432 0,5291'''' i ��A.: y2,7� � b5 E-7,".1,,, .- -D' 43 t 39`359 \ \V t.\ c2E ss \ C7 .05 SPNCC S;tEET 5 09 5 S7 -LEETS 7 AC E5 I SO) o8 3�5'\ 0422 Ju2 � f s>, p8i7Y:52 dSD0.90� ` N�7 ; 4 1 784>r2 � � !� H7}��3,�j06^x 0659'��x4775'08'3/�``a. 7978' 37 Y'�GiSi,CIT ' .i, �� �%o1(15 1 �,IAIN rrffi7o'Sr [(Rl r 4 N8670'S7'E(Rj 78571;'05"DRi a� �'' ' �` t \5 1115 ____ _W_ ---� `.� ti'4TDe' NBb�rY�-//RJ 5797370`c(R) 1 u`R'. -.10. C.;+F� / _ L��- LO 1 cRom 2842 8759' 017 i rf03S4:6{t 80.;3' 077 _ S v,W' 87' 2.93'00.3'4 -�I 1� I'S 43.40;_______'G9-# 10535' of,! 5:7175'12 c \ G1,y.5jk 0.7 57.4'4 N6572'L8•w SdE9'J .s31.!-*12..�A�44.9f1 ;`6�tt LA �. X77 r[R} L° l KSg' E=,45.s,� ` 0.55-8545 s0.7J" .5Yt-7G5.'"5 M1 .17.7,5 ,�4 ' 'W 7 / I Op i -�1 037 h-y7iJ ..^' 1 x75'45571lR7 s z 55ACL SAINT }I1466m•a� CROiX I NESD;'96PF'R LOS'4' �� 1033 C• '/ 4 E L 26 3 "n •�(' 146979'59178 7555954'0 96.18' 09&1 y1 N6f3754lRy �, 1 \r--- 145979;6917;_;123 C2B f F=31045" fh7T3955 E=7 ,l 14.75 N66TT9'9:Wr?) :3,,j1 4--� 1 7 El 71478:'5) ,06 .4 ` 10 0 66.10' 9.3840 da 75460179" =0929'2••1.54 R4"s v cr is- 0052. 0 _ ~ m. \ Il � x v 1 y I ^ D5. es 1 a,° l Y i i = 25 71 35 341.E 33 1 32 31 30 29 rflI m �1 V to o i a'il 1 = e �2oP�w'Ie n � - i ©1� a '/ :7254' 5293' 67.94' 7919' 014 . i 55.08' yl 65.48' 9548' 6874' T413'05 4535 -45727 1271ST 151 �0j94Y4Rf 7151;'5 1,700 27 8 6701620.4 75 28 75174' NC2745,5 GRAPHIC SCALE a52' ( e: 907 ) 7 5785 - 40 B. O zao 7554' 074 --- 59977481 1799.73 DETAIL 0.S" 7759.73' \ ti 575,54'rWI NTS --z- L15 176 1= J3. 3.3 FD. 1• IP.. 61.EG76E 51157. ' ACCEPTED AS 0/i. EG. PER 75 _• 520/79-97, RESET 4/!AN 15 8778 1 5007775'5 73550' SEE SHEET 4 SEE SHEET4 SURVEYORS NOTES, S2R➢EY PROCEDURE mor YAP, EASEMENT NOTES ANO EN11ROMM7»74L CONS1RAWT NOTE SEE .01czr2 J�1 N5;x3'51 R. [N THE CITY OF TEMECUL . COUNTY OF RIVERSIDE STATE DF CAU0`oRN1A TRACT NO. 23103-2 SErNC A PORTION OF PARCEL 7 OF PARCEL MAP NO. 22554, AS SHOWN 57 MAP ON FILE IN 2001< 147, PAGES 94 — 98 O5 PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY. CALIFORNIA. VSL ENGINEERING 0CT03ER 2012 SAGE F.4800.0_ BuTTERFVELD ` �r 6773'. c1153 R.455.°x,375'34 39 051 acR=5 SPACC r 35x1 r Nd 77457 1795.73' .7547! .4252 N131g52 ./45.9"55:611' 2786 LI 02 S N lU 27 15541 36 SHEET 6 OF 5 SHEETS GRAPHIC SCALE C rh 52.-1 ince 40 11. FAIR POLITICAL PRACTICES COMMISSION 428 .1 Street • Suite 620 • Sacramento. CA 95814-2329 (916) 322-5660 • Fax (916) 322-0886 January 13, 2014 Peter M. Thorson Richards, Watson, and Gershon 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 Re: Your Request for Advice Our File No. A-13-157 Dear Mr. Thorson: This letter is in response to your request for advice on behalf of Temecula Mayor Mike Naggar, and Councilmembers Jeff Comerchero and Charles Washington regarding their duties under the conflict-of-interest provisions of the Political Reform Act (the "Act" ).t This letter is based on the facts presented. The Fair Political Practices Commission (the "Commission") does not act as a finder of fact when rendering advice. (In re: Oglesby (1975), 1 FPPC Ops. 71.) Also, please note that our advice is based solely on the provisions of the Act. We therefore offer no opinion on the application, if any, of other conflict-of-interest laws outside the Act. QUESTION May Temecula Mayor Naggar, and Councilmembers Comerchero and Washington participate and vote on the approval of the Final Subdivision Map and Subdivision Agreements for Tract 23103-2, which is adjacent to the Europa Vineyard Estates and includes improvements also required for the Europa Vineyard Estates development (a project in which the three officials have an interest)? t The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code unless otherwise indicated- The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. Our File No. A-13-157 Page 2 CONCLUSION Yes. The conflict-of-interest prohibition in Section 87100 of the Act does not apply to ministerial decisions, including the approval of the final map, so long as no substantive issue arises before the council as to whether the final map is in fact in substantial compliance with the tentative map. Additionally, the city council may not be asked to approve the final map in exchange for the developer's agreement to post a bond or other security to ensure that improvements required as part of the tentative map are completed. FACTS The Subject Tract The Temecula City Council will be considering the approval of the Final Subdivision Map and Subdivision Agreements for Tract 23103-2 (the "Tract"). The Tentative Tract Map and the development conditions for the Tract were approved by the City Council on July 26, 2005. These approvals consisted of a Tentative Tract Map pursuant to the Subdivision Map Act, and an ordinance amending the Margarita Village Specific Plan Zoning Ordinance providing for development standards for the project. The Tract consists of 37 single-family homes to be constructed on 18.36 gross acres with 14.33 acres net for development and includes three parcels of open space. The single-family home parcels will average 10,547 square feet (roughly one quarter acre) in Planning Area 7 of the Tract and 24,803 square feet (roughly one half acre) in Planning Area 9A of the Tract. The Conditions of Approval for the Tract require the developer to design and construct public improvements for the Tract. The developer is required to design and construct roads within the interior of the Tract on which homes would be constructed, and design and construct improvements to the roads surrounding the Tract which were found necessary to accommodate the traffic that would be generated by the development of the Tract. Conditions of Approval 30 and 31 of the Tentative Tract Map for the Tract specifically require specific improvements to Butterfield Stage Road, which separates the Tract from another development (the Europa Vineyards Estates). The developer is required to design and construct "half -width street improvements," which means the developer is required to build one-half of the required width of the street on the side that borders the Tract. The developer is also required to construct curb, gutter, sidewalks, drainage facilities, street lights and a raised center median on Butterfield Stage Road. The Conditions for the Tentative Tract Map for the Tract also specify the design standards that are required for these public roads, water, and other utility improvements. The approval of the Final Map is currently set for January 14, 2014. At that time the Council will be asked to: "1. Approve Tract Map 23103-2 in conformance with the Conditions of Approval; Our File No. A-13-157 Page 3 "2. Approve the Subdivision Improvement Agreements for Butterfield Stage Improvements and for in -tract Improvements, and accept the Faithful Performance Bonds and Labor and Materials Bonds as security for the Agreement; "3. Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement." The estimated costs for the public improvements for the Tract are: (1) Butterfield Stage Road street and drainage improvements $643,500; street and drainage improvements for in -tract improvements $1,683,000; (3) water improvements $184,500; and (3) sewer improvements $126,000. Total public improvements of $2,637,000. The costs of the subdivision monuments (permanent makers embedded in the land that allow surveyors a starting point to precisely measure parcel lines) are $8,000. The Subdivision Improvement Agreement is an agreement between the City and the developer. It requires the developer to construct the improvements in accordance with plans and specifications that have been approved by the City Engineer for the implementation of the public improvements required by the Conditions of Approval for the Tract and approved by the City Council on July 25, 2005. The Subdivision Improvement Agreement also includes provisions for surety bonds to guarantee performance and payments to workers and suppliers, indemnification, acquisition and dedication of right-of-way, inspections, alterations to plans, default remedies, replacement of improvements, warranties, vesting of ownership, and schedule of completion. The Europa Vineyards Estates Project The Tract is adjacent to the Europa Vineyard Estates separated by the existing width of Butterfield Stage Road. The Europa Vineyard Estates development is owned by Temecula Vineyard Estates, LLC and consists of residential and vineyard lots, including 50 2.5 -acre estate lots, three 10 -acre vineyard estate lots, and five 26 -acre winery estate and vineyard parcels. Europa Vineyard Estates is located in the unincorporated area of Riverside County adjacent to Butterfield Stage Road, which is the border between City of Temecula and unincorporated Riverside County. The County of Riverside approved the Tentative Tract Map for the Europa Vineyard Estates project on September 7, 2006 with conditions of approval. The conditions of approval for the Europa Vineyard Estates Project requires its owner to construct Butterfield Stage Road within the boundaries of the project to its full width prior to the issuance of certificates of occupancy for 80% of the total recorded residential lots. The Europa Vineyard Estates Property is owned by Temecula Vineyards Estates LLC. The managing member of the LLC is Mr. Daniel Stephenson. Mr. Stephenson has been developing commercial and residential property in Riverside County for more than 35 years under the marketing name of "Rancon Group." In a prior advice letter (Thorson Advice Letter, No. A-08-015), we concluded that while Mayor Naggar and Councilmembers Comerchero, and Washington did not have any direct investments in Temecula Vineyards Estates LLC, the owner Our File No. A-13-157 Page 4 of the Europa Vineyard Estates, these entities were `otherwise related" to businesses in which each of the officials had investment interests. Therefore, they are deemed to have an interest in the Europa Vineyard Estates Property and the Temecula Vineyards Estates LLC. You also stated the following: • The approval of the Final Map for the Tract and the Subdivision Improvement Agreements will not have any financial effect on the Europa Vineyard Estates project. • The decision of the County of Riverside to require the Europa Vineyard Estates project to improve Butterfield Stage Road was not made until September 7, 2006 nearly one year and two months after the Temecula City Council approved the Tract's tentative map. • The approval of the Final Map for the Tract would merely confirm that the public road requirements and design standards for Butterfield Stage Road as established by the Conditions of Approval have been implemented and does not expand or modify the public road requirements and design standards established in those Conditions of Approvals in accordance with the Subdivision Map Act in Section 66458(a). • The Subdivision Agreement and the Faithful Performance and Labor and Material Bonds are normal actions that occur for each final map approved by the City. The bonds are authorized by and their form determined by the Subdivision Map Act in Sections 66499.1 and 66488.2. The Subdivision Improvement Agreement and the surety bonds have not been specially negotiated with the developer. • The Council is required to approve the Final Map if it meets the requirements of the Subdivision Map Act and the Temecula Subdivision Ordinance at the time of approval of the Tentative Map and the Conditions of Approval of the Tentative Map. The Council has no authority to impose new road requirements or design standards on the Tract without a formal public hearing process before the Planning Commission and City Council to modify those Conditions of Approval. • If the City Council fails to act on a final map within the time required and the developer complies with the applicable law and conditions of approval on the tentative map, the final map is "deemed approved." ANALYSIS The Act's conflict of interest provisions ensure that public officials will "perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them." (Section 81001(b).) Our File No. A-13-157 Page 5 Section 87100 provides: "No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest" The Commission has adopted an eight -step standard analysis for deciding whether an official has a "financial interest" in a decision. (Regulation 18700(b).) In order to find that a conflict of interest exists, the criteria in the first six steps of the analysis must be met.2 Steps 1 and 2. Are Temecula Mayor Mike Naggar, and Councilmembers Jeff Comerchero and Charles Washington "public officials" within the meaning of Section 87100 and will they be making, participating in making or influencing a governmental decision? Section 82048 defines a public official as "every member, officer, employee, or consultant of a state or local government agency." As a members of the Temecula City Council (a local government agency), all three would be considered public officials under the Act. A public official "makes a governmental decision" when the official, acting within the authority of his or her office or position, votes on a matter, obligates or commits his or her agency to any course of action, or enters into any contractual agreement on behalf of his or her agency. (Regulation 18702.1.) A public official "participates in a governmental decision" when, acting within the authority of his or her position and without significant substantive or intervening review, the official negotiates, advises, or makes recommendations to the decisionmaker regarding the governmental decision. (Regulation 18702.2.) A public official is attempting to use his or her official position to influence a govern -mental decision if, for the purpose of influencing the decision, the official contacts or appears before or otherwise attempts to influence, any member, officer, employee, or consultant of his or her agency. (Regulation 18702.3.) In contrast, the prohibition in Section 87100 does not apply to actions that are solely ministerial. (Regulation 18702.4(a)(1).) We have said in the past that the approval of a final map is a ministerial decision once the appropriate officials certify that the map is in substantial compliance with the previously approved tentative map and its attendant conditions. (Fishman Advice Letter, No. A-00-096; See Also City of West Hollywood v. Beverly Towers, Inc. (1991) 52 Ca1.3d 1184, 1191 n.5 [final map approval is merely ministerial if the application for such approval is in substantial compliance with the tentative map and its attendant conditions].) For example, in the Humbert Advice Letter, No. I-93-178, we stated: 2 When a public official who holds an office specified in Section 87200 has a conflict of interest in a decision noticed at a public meeting, he or she must: (I) immediately prior to the discussion of the item, orally identify each type of economic interest involved in the decision as well as details of the economic interest as discussed in Regulation 18702.5(b), on the record of the meeting: (2) recuse himself or herself; and (3) leave the room for the duration of the discussion and/or vote on the item. For closed sessions, consent calendars, absences, and speaking as a member of the public regarding personal interests, special rules found in Regulation 18702.5(c) and I8702,5(d) apply. Our File No. A-13-157 Page 6 "Regulation 18700(d)(1) [now Regulation 18702.4(a)(1)] provides that, for purposes of Section 87100, officials do not `make' government decisions when they engage in ministerial acts. "A governmental action is not ministerial where governmental officials have discretion in determining what that action will be. (See Sperry Advice Letter, No. A-83-235.) "Section 66474.1 of the Subdivision Map Act (Government Code Section 66410 et seq.) states: A legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final parcel map is in substantial compliance with the previously approved tentative map. "The question is whether it is a ministerial decision when a city council is asked to approve a final map for a subdivision after the tentative map for the proposed subdivision previously has been approved and the city staff indicates that the proposed final map is in substantial compliance with the previously approved tentative map. "Since the law prohibits the city council from denying approval of the final map at this stage, we believe that the city's approval of the final map is generally considered to be a ministerial decision." However, the letter cautioned that there were two situations where the decision on the final map would not be ministerial. • "First, Section 66474.1 requires that the final map be in `substantial compliance' with the previously approved tentative map. If a substantive issue arises before the council as to whether the final map is in fact in substantial compliance with the tentative map, the council's deliberations on this issue could become discretionary and lose their ministerial nature. In that case, if a councilmember has a financial interest in the decision, he or she must disqualify pursuant to Section 87100." • "Second, we understand that sometimes during the approval process for final subdivision maps, the city council will approve the final map in exchange for the developer's agreement to post a bond or other security to ensure that improvements required as part of the tentative map are completed. The alternative to this procedure is that the developer will have met all of the city's For example, in Fishman we contrasted a situation where a tentative map is approved subject to conditions and those conditions are not met. Under such circumstances, approval of a final subdivision map is not a ministerial act. Our File No. A-13-157 Page 7 requirements by the time the final map is presented to the city council for approval. Where a bond or security is posted to ensure future compliance with the tentative map, the city council's approval is required presumably because there has not been substantial compliance with the tentative map. Therefore, in this specific situation the city council's approval of the final map is not ministerial and any councilmember with a financial interest in the decision must disqualify pursuant to Section 87100.'4 If you have other questions on this matter, please contact me at (916) 322-5660. JWW:jgl Sincerely, Zackery P. Morazzini 1 Counsel John W. Wallace Assistant General Counsel Legal Division You stated that while a faithful performance bond and labor and material bond were received from the developer, these bonds were not negotiated with the developer and are normal for each final map considered and approved by the city. The city council has yet to consider the final map. RICHARD RICHARDS (1916-1988) GLENN R. WATSON (1917-2010) HARRY L. GERSHON (1922-2007) STEVEN L. DORSEY WILLIAM L. STRAUSZ MITCHELL E. ABBOTT GREGORY W. STEPANICICH ROCHELLE BROWNE QUINN M. BARROW CAROL W. LYNCH GREGORY M. KUNERT THOMAS M. LIMBO ROBERT C. CECCON STEVEN H. KAUFMANN KEVIN G. ENNIS ROBIN D. HARRIS MICHAEL ESTRADA LAURENCE S. WIENER STEVEN R. ORR B. TILDEN KIM SASKIA T. ASAM U RA KAYSER 0. SLIME PETER M. THORSON JAMES L. MARKMAN CRAIG A. STEELE T. PETER PIERCE TERENCE R. BOGA LISA BOND JANET E. COLESON ROXANNE M. DIAZ JIM G. GRAYSON ROY A. CLARKE WILLIAM P. CURLEV III MICHAEL F. YOSHIBA REGINA N. DANNER PAULA GUTIERREZ BAEZA BRUCE W. GALLOWAY DIANA K. CHUANG PATRICK K. BOBKO NORMAN A. DUPONT DAVID M. SNOW LOLLY A. ENRIQUEZ KIRSTEN R. BOWMAN GINETTA L. GIOVINCO TRISHA ORTIZ CANDICE K. LEE JENNIFER PETRUSIS STEVEN L. FLOWER AMY GREYSON DEBORAH R. HAKMAN D. CRAIG FOX MARICELA E. MARROQUIN GENA M. STINNETT KATHERINE L. WISINSKI TOUSSAINT 5. BAILEY SERITA R. YOUNG SHIRI KLIMA DIANA H. VARAT SEAN B. GIBBONS JULIE A. HAMILL ANDREW J. BRADY AARON C. O'DELL BYRON MILLER AMANDA L. STEIN SPENCER B. KALLICK PATRICK D. SKAHAN STEPHEN D. LEE KYLE H. BROCHARD NICHOLAS R. GHIRELLI OF COUNSEL MARK L. LAMKEN SAYRE WEAVER TERESA HO-URANO SAN FRANCISCO OFFICE TELEPHONE 415.421.8484 ORANGE COUNTY OFFICE TELEPHONE 714.990.0901 TEMECULA OFFICE TELEPHONE 951.695.2373 R1Ii!i RICHARDS WATSON GERSHON VC! ATTORNEYS AT LAW —A PROFESSIONAL CORPORATION 355 South Grand Avenue, 4oth Floor, Los Angeles, California 90071-3101 Telephone 213.626.8484 Facsimile 213.626.0078 December 16, 2013 Zackery P. Morazzini General Counsel Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, California 95814 Re: Request for Formal Written Advice re Conflict of Interest Issues Involving City of Temecula Mayor Naggar and Council Members Comerchero and Washington Concerning Final Subdivision Map for Tract No. 23103-2 Dear Mr. Morazzini: We seek advice, pursuant to Government Code Section 83114 (b)', on behalf of the City of Temecula, Mayor Mike Naggar and Council Members Jeff Comerchero and Chuck Washington. The advice sought is based on the facts described in this letter and we respectfully seek your office's advice concerning the question presented. I am the City Attorney for the City of Temecula and have discussed this advice request with Mayor Mike Naggar, Council Member Jeff Comerchero and Council Member Chuck Washington and all have authorized me to seek your advice. Aaron Adams, the City Manager of the City of Temecula has also requested this advice on behalf of the City of Temecula. The question concerns whether Mayor Mike Naggar, Council Member Jeff Comerchero and Council Member Chuck Washington may participate in the Council's consideration of approval of the Final Subdivision Map and Subdivision Improvement Agreements for Tract 23103-2 at the City Council meeting on January 14, 2014. Tract 23103-2 is adjacent to Europa Vineyard Estates separated by the existing width of the right of way for Butterfield Stage Road. Approval of the Final Map and Subdivision Improvement Agreements would involve approval of final construction plans and specifications for improvements to Butterfield Stage Road, some of which are also required for the Europa Vineyard Estates development. Neither Mayor Mike Naggar, Council Member Jeff Comerchero nor Council Member Chuck Washington have any direct investments in the Temecula Vineyard Estates, LLC, the owner of the Europa Vineyard Estates property and development, but they each have investments in other projects outside of the City of Temecula in which the managing member of the owner of Europa Vineyard Estates is also the managing ' All statutory references are to the Government Code unless otherwise indicated. RICHARDS WATSON I GERSHON ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 2 member of those limited liability companies. Europa Vineyard Estates is therefore an "otherwise related business entity" for these officials within the meaning of 2 Cal. Code Regs. § 18703.1. Your office previous issued an advice letter to me concerning similar issues involving the acquisition of property approximately 372 feet south of the Europa Vineyard Estates property for improvements to Butterfield Stage Road as required by the Roripaugh Ranch Specific Plan and Development Agreement (FPPC File No. A-08- 015, March 4, 2008). Additionally, your office issued an advice letter to me concerning sources of income to the various Rancon LLC's which were not sources of income to Mayor Mike Naggar, Council Member Jeff Comerchero and Council Member Chuck Washington given that their interests in these LLCs is less than 10% (FPPC File No. A-13-108). Economic Interests of Mayor Naggar, Council Member Comerchero and Council Member Washington The Europa Vineyard Estates property is adjacent to Tract 23103-2 separated by the existing width of Butterfield Stage Road. The Europa Vineyard Estates project contains approximately 290.7 acres and consists of a variety of residential and vineyard lots including 50 2.5 -acre estate lots, three 10 -acre vineyard estate lots, and five 26 -acre winery estate and vineyard parcels. Europa Vineyard Estates is located in the unincorporated area of Riverside County adjacent to Butterfield Stage Road which is the border between City of Temecula and unincorporated Riverside County. The County of Riverside approved Tentative Tract Map No. 32594 for the Europa Vineyard Estates project on September 7, 2006 with conditions of approval. The conditions of approval for the Europa Vineyard Estates Project requires its owner to construct Butterfield Stage Road within the boundaries of Tract 32594 to its full width prior to the issuance of certificates of occupancy for 80% of the total recorded residential lots. (Condition No. 50 TRANS 026 and Condition No. 90 TRANS 004.) The Europa Vineyard Estates Property is owned by Temecula Vineyards Estates LLC. 2 The managing member of the LLC is Mr. Daniel Stephenson. Mr. 2 We use the name "Europa Vineyard Estates" because this is the name of the Project as approved by Riverside County and is the common name under which the project is being marketed. RICHARDS WATSON GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 3 Stephenson has been developing commercial and residential property in Riverside County for more than 35 years under the marketing name of "Rancon Group." Mr. Stephenson forms a limited liability company ("LLC") for each project he develops. The LLC owns the property, obtains land use entitlements and builds the project. While Mr. Stephenson is the managing member of these LLCs, he sells shares in each LLC to other investors. The Rancon Group is the marketing name for his development activities. It is not a legal entity although many of the LLCs formed for his projects use the name "Rancon" in one form or another. None of the Rancon development LLCs are located in the City of Temecula. The two Rancon development LLCs located closest to the City are Europa Vineyard Estates that is located adjacent to the City boundary and Europa Village that is located on the southeastern side of the Europa Vineyard Estates Project and 2,136 feet east of the City boundary. Council Member Jeff Comerchero is the "President" of the Rancon Group and is an investor in many of the Rancon development LLCs in which Mr. Stephenson is the managing member. He is responsible for the administration of the various LLCs and their efforts in developing their respective properties. His compensation for this work is paid by each individual LLC because the "Rancon Group" is not a legal entity. He had been an investor in the Europa Vineyard Estates project, however, he sold his interest in it in 2008. His income from the Rancon development LLCs is more than $500 per year and his investments are more than $2,000 in each such LLC. Mr. Comerchero is an investor in a Rancon development LLC that is currently selling the property it owns to Lennar Homes of California, Inc., a merchant builder, that is also the developer of Tract 23103-2. Mr. Commerchero's interest in this LLC is less than 10%. Mayor Mike Naggar is an investor in several of the Rancon development LLCs in which Mr. Stephenson is the managing member. Mayor Naggar is also a real estate consultant to several of the LLCs in which Mr. Stephenson is the managing member and is a real estate consultant and investor in many other development projects in Riverside County in which Mr. Stephenson has no involvement. Mayor Naggar is not an investor nor is he a consultant for the Europa Vineyard Estates project. All of the Rancon development LLCs in which Mr. Stephenson is the managing partner and in which Mayor Naggar has invested or for which he receives income as a consultant are located more than two miles from the closest point of the City's boundary. His RICHARDS 1 WATSON 1 GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 4 income from these LLCs is more than $500 per year and his investments are more than $2,000 in each such LLC. Council Member Washington is an investor in a few of the Rancon development LLCs in which Mr. Stephenson is the managing member. Council Member Washington is not an investor in the Europa Vineyard Estates project. He is an investor in the Europa Villages LLC which is located on the southeastern side of the Europa Vineyard Estates Property and in which Mr. Stephenson serves as the managing member. The Europa Villages project is 2,136 feet from Butterfield Stage Road. Mr. Washington is not a consultant to any of the Rancon development LLCs in which Mr. Stephenson is the managing member. He has no income from these LLCs and his investments are more than $2,000 in each such LLC. Development of Tract 23013-2 The Tentative Tract Map and the development conditions for Tract 23103-2 were approved by the City Council on July 26, 2005. These approvals consisted of a Tentative Tract Map pursuant to the Subdivision Map Act, Government Code §§ 66410, et. seq., and an ordinance amending the Margarita Village Specific Plan Zoning Ordinance providing for development standards for the project. Tract 23103- 2 consists of 37 single family homes to be constructed on 18.36 gross acres with 14.33 acres net for development and includes three parcels of open space. The single family home parcels will average 10,547 square feet (roughly one quarter acre) in Planning Area 7 of the Tract and 24,803 square feet (roughly one half acre) in Planning Area 9A of the Tract. The Conditions of Approval for Tentative Tract 23103-2 require the Developer to design and construct public improvements for the Tract. The Developer is required to design and construction of roads within the interior of Tract on which homes would be constructed as well as design and construct improvements to the roads surrounding the Tract which were found necessary to accommodate the traffic that would be generated by the Tract. Conditions of Approval 30 and 31 of the Tentative Tract Map for Tract 23103-2 require specific improvements to Butterfield Stage Road which separates Tract 23103-2 from the Europa Vineyards Estates project. The Developer is required to design and construct "half -width street improvements" which means the Developer is RICHARDS WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 5 required to build one-half of the required width of the street on the side that borders the Tract. The Developer is also required to construct curb, gutter, sidewalks, drainage facilities, street lights and a raised center median on Butterfield Stage Road. The Conditions for the Tentative Tract Map for Tract 23103-2 also specify the design standards that are required for these public road improvements. Conditions 30 and 31 specifically require: "30. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: "a. Improve Butterfield Stage Road (Arterial Highway Standards - 110' R/W) to include installation of half -width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. "b. Improve Ahern Place (Collector Road Standards - 66' R/W) to include dedication of full -width street right-of-way, installation of full -width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). "c. Improve Chemin Clinet (Local Road Standards - 60' R/W) to include installation of paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). "d. Improve Placer Loudeaonne (Local Road Standards - 60' R/W) to include dedication of full -width street right-of-way, installation of full -width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). RICHARDS WATSON GERSHON ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 6 "e. Improve Court "A", Court "B" and cul-de-sac north of Ahern Place - (Local Road Standards - 60' R/W) to include dedication of full width street right-of-way, installation of full -width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). "f. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. "31. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: "a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. "b. Driveways shall conform to the applicable City Standard Nos. 207 and 207A. "c. Street lights shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801, 802 and 803. "d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. "e. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. "f. Minimum centerline radii shall be in accordance with City Standard No. 113. "g. All reverse curves shall include a 100 -foot minimum tangent section. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 7 "h. All street and driveway centerline intersections shall be at 90 degrees. "i. All cul-de-sacs shall be constructed in accordance in City Standard No. 600. "j. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. "k. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. "1. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. "m. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. "n. All driveways providing access to two or more buildings shall be designed as a cul-de-sac or a loop road. [Emphasis added.] The approval of the Final Map is currently set for January 14, 2014. At that time the Council will be asked to: "1. Approve Tract Map 23103-2 in conformance with the Conditions of Approval; "2. Approve the Subdivision Improvement Agreements for Butterfield Stage Improvements and for in -tract Improvements, and accept the Faithful Performance Bonds and Labor and Materials Bonds as security for the Agreement; RICHARDS WATSON GERSHON ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 8 "3. Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement." The estimated costs for the public improvements for the Tract are: (1) Butterfield Stage Road street and drainage improvements $643,500; street and drainage improvements for in -tract improvements $1,683,000; (3) water improvements $184,500; and (3) sewer improvements $126,000. Total public improvements of $2,637,000. The costs of the subdivision monuments (permanent makers embedded in the land that allows surveyors a starting point to precisely measure parcel lines) is $8,000. The Subdivision Improvement Agreement is an agreement between the City and the Developer. It requires the Developer to construct the improvements in accordance with plans and specifications that have been approved by the City Engineer for the implementation of the public improvements required by the Conditions of Approval for the Tract and approved by the City Council on July 25, 2005. The Subdivision Improvement Agreement also includes provisions for surety bonds to guarantee performance and payments to workers and suppliers, indemnification, acquisition and dedication of right-of-way, inspections, alterations to plans, default remedies, replacement of improvements, warranties, vesting of ownership, and schedule of completion. Analysis of Conflict of Interest Questions The approval of the Final Map for Tract 23103-2 and the Subdivision Improvement Agreements could not have any effect on the Europa Vineyard Estates project within the meaning of 2 Cal. Code Regs. 18700 even though it is located within 500 feet of Europa Vineyard Estates in which they have a limited interest as an "otherwise related business entity" under 2 Cal. Code Regs. § 18703.1. Therefore, we believe Mayor Naggar and Council Members Comerchero and Washington would be authorized to participate in the decision. The decision of the City Council of the City of Temecula to require the Developer of Tract 23103-2 to construct the one-half width improvements to Butterfield Stage Road was made on July 26, 2005 when the Tentative Map for Tract 23103-2 was approved with conditions. The decision of the County of Riverside to require the Europa Vineyard Estates project to improve Butterfield Stage Road was not made RICHARDS !WATSON GERSHON ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 9 until September 7, 2006 nearly one year and two months after Tract 23103 was approved. Thus, the approval of the Final Map for Tract 23103-2 would merely confirm that the public road requirements and design standards for Butterfield Stage Road as established by the Conditions of Approval have been implemented and does not expand or modify the public road requirements and design standards established in those Conditions of Approvals in accordance with Government Code § 66458(a). The Subdivision Agreement and the Faithful Performance and Labor and Material Bonds are normal actions that occur for each final map approved by the City. The bonds are authorized by and their form determined by the provisions of the Subdivision Map Act in Government Code §§ 66499.1 and 66488.2. The Subdivision Improvement Agreement and the surety bonds have not been specially negotiated with the Developer. The approval of the Final Map for Tract 23103-2 is a "ministerial act" and not a discretionary act of the City Council. (Youngblood v. Board of Supervisors (1978) 22 Cal. 3d 644, 656. The Council is required to approve the Final Map for Tract 23103- 2 if it meets the requirements of the Subdivision Map Act and Temecula Subdivision Ordinance at the time of approval of the Tentative Map and the Conditions of Approval of the Tentative Map. . The Council has no authority to impose new road requirements or design standards on Tract 23103-2 without a formal public hearing process before the Planning Commission and City Council to modify those Conditions of Approval. Actions of public officials that are "solely ministerial" do not constitute the "making or participating in a governmental decision" under 2 Cal. Code Regs. 18702.4. Moreover, the ministerial nature of the approval of the final map is emphasized in the legislative determination that if the City Council fails to act on a final map within the time required and complies with the applicable law and conditions of approval on the tentative map, the final map is "deemed approved." Government Code § 66458(b). Government Code Section 66458 provides: "(a) The legislative body shall, at the meeting at which it receives the map or, at its next regular meeting after the meeting at which it receives the map, RICHARDS WATSON GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 10 approve the map if it conforms to all the requirements of this chapter and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. If the map does not conform, the legislative body shall disapprove the map. (b) If the legislative body does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all requirements and rulings, it shall be deemed approved, and the clerk of the legislative body shall certify or state its approval thereon. (c) The meeting at which the legislative body receives the map shall be the date on which the clerk of the legislative body receives the map. (d) The legislative body may provide, by ordinance, for the approval or disapproval of final maps by the city or county engineer, surveyor, or other designated official. The legislative body may also provide, by ordinance, that the official may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map. Any ordinance adopted pursuant to this subdivision shall provide that (1) the designated official shall notify the legislative body at its next regular meeting after the official receives the map that the official is reviewing the map for final approval, (2) the designated official shall approve or disapprove the final map within 10 days following the meeting of the legislative body that was preceded by the notice in (4) below, (3) the designated official's action may be appealed to the legislative body, (4) the clerk of the legislative body shall provide notice of any pending approval or disapproval by a designated official, which notice shall be attached and posted with the legislative body's regular agenda and shall be mailed to interested parties who request notice, and (5) the legislative body shall periodically review the delegation of authority to the designated official. Except as specifically authorized by this subdivision, the processing of final maps shall conform to all procedural requirements of this division." [Emphasis added.] The case law establishing that the consideration of a final map is a ministerial act of the City Council is nicely summarized in Footnote 17 of Ailanto Properties, Inc., v. City of Half Moon Bay (2006) 142 Cal. App. 4th 572, 599: RICHARDS WATSON GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 11 "17. The requirement that the City act promptly after filing of the final map is easily understood when one recalls that the City's action at this stage of the process is ministerial rather than discretionary. (Youngblood v. Board of Supervisors (1978) 22 Cal. 3d 644, 656 [150 Cal. Rptr. 242, 586 P.2d 556].) That is, if the map conforms to all applicable requirements, the City must approve it. (See § 66458, subd. (a) ["The legislative body shall ... approve the map if it conforms to all the requirements of this chapter and any local ... ordinance applicable at the time of approval or conditional approval of the tentative map ... ," italics added]; Beck Development Co. v. Southern Pacific Transportation Co. (1996) 44 Cal.App.4th 1160, 1199 [52 Cal. Rptr. 2d 518] ["a final map may not be disapproved if it is in substantial compliance with a previously approved tentative map"].) Similarly, "[i]f the map does not conform, the legislative body shall disapprove the map." (§ 66458, subd. (a), italics added; Soderling v. City of Santa Monica (1983) 142 Cal. App. 3d 501, 509 [191 Cal. Rptr. 140].) The City's approval of the final map "in effect is a confirmation that the tentative map requirements have been fulfilled." (Kriebel v. City Council (1980) 112 Cal. App. 3d 693, 703 [169 Cal. Rptr. 342].)" Exhibits Attached for your convenience are the following exhibits: 1. Map showing Tract 23103-2 and the Europa Vineyard Estates properties; 2. Staff Report for the approval of the Tentative Tract Map for Tract 23104-2 and the Ordinance Amending the Zoning Provisions of the Margarita Village Specific Plan, July 26, 2005; and 3. Proposed Staff Report for the approval of the Final Map for Tract 23103-2 and approval of the Subdivision Improvement Agreements, dated November 26, 2013 but was pulled from the November 26, 2013 Agenda before it was published. RICHARDS WATSON GERSHON ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION Zackery P. Morazzini December 16, 2013 Page 12 We sincerely appreciate the FPPC General Counsel's consideration of, and advice regarding, these issues. If you have any questions regarding our request or require additional information, please do not hesitate to contact me. Very truly yours, Peter M. Thorson Attachments 11086-0001\1670302v1.doc Map center: 6302972, 2135954 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.) § 18708. Legally Required Participation. (a) A public official who has a financial interest in a decision may establish that he or she is legally required to make or to participate in the making of a governmental decision within the meaning of Government Code section 87101 only if there exists no alternative source of decision consistent with the purposes and terms of the statute authorizing the decision. (b) Whenever a public official who has a financial interest in a decision is legally required to make or to participate in making such a decision, he or she shall state the existence of the potential conflict as follows: (1) The public official shall disclose the existence of the conflict and describe with particularity the nature of the economic interest. "Particularity" as used in this regulation shall be satisfied if the official discloses: (A) whether the conflict involves an investment, business position, interest in real property, or the receipt of income, loans or gifts; (B) if the interest is an investment, the name of the business entity in which each investment is held; if the interest is a business position, a general description of the business activity in which the business entity is engaged; if the interest is real property, the address or another indication of the location of the property, unless the property is the official's principal or personal residence, in which case the official shall disclose this fact. For income, loans or gifts, the official shall disclose the person or entity that is the source. (2) The public official or another officer or employee of the agency shall give a summary description of the circumstances under which he or she believes the conflict may arise. (3) Either the public official or another officer or employee of the agency shall disclose the legal basis for concluding that there is no alternative source of decision. (4) The disclosures required by this regulation shall be made in the following manner: (A) If the governmental decision is made during an open session of a public meeting, the disclosures shall be made orally before the decision is made, by either the public official or by another officer or employee of the agency. The information contained in the disclosures shall be made part of the official public record either as a part of the minutes of the meeting or as a writing filed with the agency. The writing shall be prepared by the public official and/or any officer or employee and shall be placed in a public file of the agency within 30 days after the meeting; or (B) If the governmental decision is made during a closed session of a public meeting, the disclosures shall be made orally during the open session either before the body goes into closed session or immediately after the closed session. The information contained in the disclosures shall be made part of the official public record either as a part of the minutes of the meeting or as a writing filed with the agency. The writing shall be prepared by the public official and/or any officer or employee and shall be placed in a public file of the agency within 30 days after the meeting; or (C) If the government decision is made or participated in other than during the open or closed session of a public meeting, the disclosures shall be made in writing and made part of the official public record, either by the public official and/or by another officer or employee of the agency. The writing shall be filed with the public official's appointing authority or supervisor and shall be placed in a public file within 30 days after the public official makes or participates in the decision. Where the public official has no appointing authority or supervisor, the disclosure(s) shall be made in writing and filed with the agency official who maintains the records of the agency's statements of economic interests, or other designated office for the maintenance of such disclosures, within 30 days of the making of or participating in the decision. (c) This regulation shall be construed narrowly, and shall: (1) Not be construed to permit an official, who is otherwise disqualified under Government Code section 87100, to vote to break a tie. (2) Not be construed to allow a member of any public agency, who is otherwise disqualified under Government Code section 87100, to vote if a quorum can be convened of other members of the agency who are not disqualified under Government Code section 87100, whether or not such other members are actually present at the time of the disqualification. (3) Require participation by the smallest number of officials with a conflict that are "legally required" in order for the decision to be made. A random means of selection may be used to select only the number of officials needed. When an official is selected, he or she is selected for the duration of the proceedings in all related matters until his or her participation is no longer legally required, or the need for invoking the exception no longer exists. (d) For purposes of this section, a "quorum" shall constitute the minimum number of members required to conduct business and when the vote of a supermajority is required to adopt an item, the "quorum" shall be that minimum number of members needed for that adoption. Comment: Nothing in the provisions of subsection (b)(4)(B) is intended to cause an agency or public official to reveal the confidences of a closed session contemplated by law. For example, under the Brown Act (Government Code sections 54950 et seq.) a city council may enter a closed session to discuss personnel matters and need not publicly disclose the name of the employee who is the subject of the meeting. (Government Code section 54957.) This regulation does not require a city council person who is legally required to participate in that closed session to disclose that employee's name when the council member makes the record required by this regulation. Note: Authority cited: Section 83112, Government Code. Reference: Sections 81002, 81003 and 87101, Government Code. HISTORY 1. New section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations, section 18312(d) and (e) (Register 98, No. 48). 2. Editorial correction of 1 (Register 2000, No. 25). 3. Amendment of section and Note filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 4. Amendment of subsections (b)(4)(A)-(B) filed 1-16-2002; operative 2-15-2002 (Register 2002, No. 3). 5. Amendment of subsections (a) and (b)(4)(A)-(B) and amendment of Comment filed 12-20- 2005; operative 1-19-2006. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third District Court of Appeal, unpublished decision, 1992. (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements.) (Register 2005, No. 51). DEPARTMENTAL REPORTS Item No. 16 Approvals City Attorney Finance Director City Manager /t CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP Director of Community Development DATE: January 28, 2014 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 months of November and December. CURRENT PLANNING ACTIVITIES New Cases: Planning received 73 new applications for administrative review, minor cases, and home occupations, including nine applications for public hearings, during the months of November and December. A detailed account of current planning activities is attached to this report. Altair (formerly Village West) Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to address the processing of extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient Communities is proposing a mixed-use development comprising of residential single-family and multi -family units, and retail -commercial, open space, and institutional uses. The Developer has agreed to fund the City's expenses in processing the entitlements to provide an efficient and detailed review of the project. The agreement covers the cost to the City of employing one full time Associate Planner and one full time Associate Engineer, and environmental documentation. Currently, staff is reviewing a second pre -application, which consists of a project description, conceptual map and site plan layout, and draft Specific Plan document. (PETERS) Mercedes-Benz of Temecula: Mercedes-Benz of Temecula, located at Temecula Center Drive (northwest corner of Ynez Road and Waverly Lane), was approved at the July 9, 2008 Planning Commission hearing. A Supplemental EIR was also adopted at that hearing. The Planning Commission approved a Major Modification on February 20, 2013 to reduce the size of the dealership building from approximately 80,000 square feet to 50,258 square feet, and revise the architecture of the building. The grading permit was issued on April 1, 2013, and the building permit was issued on April 23, 2013. Construction of the project is ongoing and opening of the dealership is anticipated in Spring 2014. (FISK) Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January 22, 2008. Vertical construction for the first hospital bed tower began on February 13, 2012 and was substantially complete on May 16, 2013. A Certificate of Occupancy for the Phase I hospital bed tower was received from the Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health Services, who owns and operates the hospital, obtained State licensing to open the hospital for patients on October 14, 2013. On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport Conditional Use Permit to relocate the heliport from an area near the northeast corner of the hospital building. UHS has indicated that the heliport needs to be relocated based on concerns from the FAA and the aeronautical division of Caltrans. UHS is proposing two phases of movement for the heliport: Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas. Phase II would place the heliport on the roof of the second hospital tower. In both cases the proposed locations result in a change to the flight path that move it away from the Summerhouse residential project and changes the path to either head directly into or away from the prevailing wind direction (rather that perpendicular to the prevailing winds), as directed by the FAA and Caltrans. This application is under review and a Supplemental EIR is currently being prepared by Environmental Science Associates. Staff anticipates scheduling the project for a public hearing before the Planning Commission in May 2014 and before City Council in June 2014. (FISK) Roripaugh Ranch Specific Plan: KB Home plans to construct 98 single-family homes within the Roripaugh Ranch Specific Plan Area. On May 15, 2013, the Planning Commission approved KB Home's application for Pinnacle. Twenty one building permits have been pulled. On June 19, 2013, the Planning Commission approved Home Product Review Applications for Standard Pacific and Van Daele Developments. Standard Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as Sorrento. The three builders will construct 411 homes in four of five available planning areas in the area commonly referred to the "panhandle." An application has not been filed for the remaining planning area. The models for each builder's product are complete, and multiple phases are under construction. (PETERS) LONG RANGE PLANNING The Long Range Planning Division works toward larger scale and longer time -frame projects. Some of the major projects and long-range planning activities currently in progress are described below. UPTOWN JEFFERSON SPECIFIC PLAN Uptown Jefferson Specific Plan: The Uptown Jefferson Specific Plan 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 Council Member Roberts and Mayor Pro Tem Comerchero. The project website, www.envisionjefferson.org, tracks the visioning process, Steering Committee meetings, and provides updates to the public. Staff is developing a Specific Plan based on the eight recommendations that emerged from the public visioning process, which included six public workshops held between October 2011 and July 2012. On June 13, 2013, staff held a Developer Focus Group to determine the future economic feasibility of the Specific Plan based upon anticipated market conditions, economic demands, demographic trends, and available financing mechanisms. Staff presented the draft Specific Plan framework, build -out scenario, and overall plan concept. The developers provided feedback and perspective on the feasibility of the Specific Plan. Six public Uptown Jefferson Specific Plan Steering Committee Meetings were held from July through December 2013. Two commissioners from each of the City's commissions (Planning, Community Services, and Public/Traffic Safety Commissions) sit on the Committee. Over the first four workshops, staff presented the eight visioning recommendations, form -based code principles, draft districts map, land use matrix, street cross sections, circulation, parking, and the anticipated 30 -year build out scenario. Staff held the fifth Steering Committee Meeting on November 19, 2013 and discussed plan administration, permit processing procedures, sign standards, and public signage. The sixth and final Steering Committee Meeting was held on December 12, 2013. Staff presented the proposed urban architectural design guidelines, draft adaptive re -use standards, and financing. An Environmental Impact Report (EIR) is being prepared simultaneously with the Specific Plan. Plan completion and certification of the EIR is anticipated in early 2014. (INNES, WEST, WATSON) Uptown Jefferson Specific Plan Environmental Impact Report (EIR): Environmental Science Associates (ESA) is preparing a Program EIR for the Uptown Jefferson Specific Plan. An EIR Scoping meeting was held in June 2013, providing interested parties the opportunity to submit comments related to the scope of the EIR. As a courtesy, all property owners within the Specific Plan area were mailed notices for this meeting. The Administrative Draft EIR was submitted on August 28, 2013. Staff reviewed the draft document and provided ESA comments on the draft in late September. Comments on the traffic impact analysis were provided to ESA in late November. The next draft of the EIR is anticipated in January 2014. (INNES, WEST, WATSON) Hike Bike Temecula (Multi -Use Trails and Bikeways Master Plan Update): On May 14, 2013, the City Council awarded a contract to KTU+A to update the City's Multi -Use Trails and Bikeways Master Plan. Phase I focuses on public outreach and workshops while Phase II will update the Master Plan. On August 27, 2013, City Council approved an amendment to the contract to include a sidewalk gap analysis within the Master Plan Update. A community workshop was held on Saturday, October 26, 2013, and approximately 45 people attended to provide feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community input was collected through a survey via the project website www.hikebiketemecula.org. The workshop and survey results are available in a draft report to be presented to the Council Subcommittee, consisting of Council Members Naggar and Washington, in January 2014. Phase I will conclude with a community walk -ride event to highlight priority locations for future trails and bike lanes based on the community's feedback. The Phase II will commence in early spring. (PETERS, LEHNER) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Community Development Block Grant (CDBG): The City of Temecula was awarded $517,195 in CDBG grant funding for Fiscal Year 2013-14. On August 27, 2013, City Council approved a twenty percent allocation for program administration and fair housing services ($103,439), a fifteen percent allocation for public services ($77,333) to be divided evenly between seven non-profit service providers, and the remaining 65 percent for infrastructure improvements ($342,423). The City's first Consolidated Annual Performance and Evaluation Report (CAPER) was adopted by City Council on September 24, 2013, and then submitted to HUD. Staff held two outreach meetings on November 25, 2013 to allow for community participation and feedback regarding 2014-2015 CDBG funding, and to provide technical assistance for those seeking to apply for service funding. The deadline for submitting public service applications for 2014-2015 CDBG program funding was December 13, 2013 and the City received nine applications. Staff is drafting the 2014-15 Annual Action Plan and funding priorities to present to the Finance Committee in February. Following a recommendation from the Finance Committee, the Annual Action Plan will be noticed for a 30 -day public review period, and scheduled for public hearing before the City Council in Spring 2014. The Annual Action Plan must be submitted to HUD by May 15, 2014. (WEAVER) 2014-2021 Housing Element Update: City staff is collaborating with Pacific Municipal Consultants to assist with the 2014-20121 update of the Housing Element. Public outreach efforts include one workshop, a public review period, and two public hearings. In December 2012, the City held a community workshop to discuss the Housing Element update, and receive input from residents regarding housing needs. The preliminary administrative draft was submitted to HCD in March 2013. The City formally rescinded their initial submittal on May 20, 2013, and requested informal review to address HCD's comments. The City resubmitted the administrative draft on September 27, 2013. The City received a conditional compliance letter from HCD on November 27, 2013 stating that the revised draft meets the statutory requirements of State Housing Element Law. Staff noticed the Negative Declaration and draft Housing Element for a 30 -day public review period in December 2013. The Planning Commission will consider the draft Housing Element on January 15, 2014, and the City Council is scheduled to adopt the document on January 28, 2014. The adopted Housing Element will be submitted to HCD in February for final review and certification. (WEAVER) ENERGY & CONSERVATION PROGRAM ACTIVITIES Western Riverside Energy Leadership Partnership: This Partnership consists of 11 Western Riverside Council of Government (WRCOG) member cities, Southern California Edison (SCE), and Southern California Gas (SCG). The Partnership provides incentives for participating cities, businesses, and residents to develop energy efficiency programs. In March 2013, Temecula was the first city to achieve Gold Level status by completing 13 energy efficiency projects in FY 2012-13, while increasing total kWh savings to 813,037, and resulted in nearly $100,000 of annual utility cost savings. In August, SCE approved a rebate incentive to replace 29 parking lot fixtures at the Community Recreation Center (CRC) with energy efficient induction lighting technology. The CRC lighting retrofit project will reduce the annual energy consumption by 15,000 kWh. On November 12, 2013, the City Council adopted a resolution authorizing the staff to prepare a California Energy Commission Technical Assistance Program application to leverage technical assistance to perform a comprehensive energy audit or retro commissioning audit of the Temecula Library. In December 2013, the City completed fifteen energy efficiency projects at City facilities, primarily lighting upgrades, through the SCE Direct Install Program, at no cost to the City. The energy efficiency upgrades resulted in an estimated 71,712 kWh savings. (WEST) Energy Action Plans (EAP): Draft Municipal and Community Energy Action Plans have been prepared for the City of Temecula and funded through the Energy Partnership as part of the first year program development. Both EAPs establish energy reduction goals, policies, and implementation actions to achieve the goals of the EAP. Staff has identified potential energy reduction measures to achieve the proposed goals within each EAP. The draft EAP is ready for consideration by the City Council. (WEST) Green House Gas (GHG) Emissions Inventory/Climate Action Plan: A draft Municipal GHG inventory and Community GHG inventory has been prepared for the City and was funded through the Energy Partnership and grant funds received by WRCOG. Baseline energy and forecast energy data from the Plans have been used to establish a baseline for the emission inventories. The inventories will be incorporated into the Western Riverside County Climate Action Plan for strategies that address state legislation AB 32 and SB 375. The Climate Action Plan proposes to identify emission reduction targets and measures. Staff continues to work with WRCOG to provide input to the Municipal and Community GHG inventories and to the Climate Action Plan. (WEST) Temecula Energy Asset Management (TEAM) Fund: Staff is working with Public Financial Management Inc., a consultant funded through the Energy Partnership, to develop an administrative policy manual for the TEAM Fund. The TEAM Fund is a self-sustaining fund that deposits by utility rebate incentives directly into the Fund while also re -directing annual utility costs savings from energy efficiency projects. On June 25, 2013, City Council established the Fund, and redirected $119,728.90 in SCE and SCG rebates into the Fund. The draft TEAM Administrative Policy and Procedure Manual will be brought to City Council in June 2014 for consideration. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. Staff is working with CR&R to establish a special disposal rate for the City's Capital Improvement Program (CIP) projects to reduce the overall cost of CIP projects. City staff and CR&R coordinate two Citywide Clean-up events each year to dispose of household waste and large miscellaneous debris that does not fit into the standard residential trash receptacle. The next Citywide Clean-up is scheduled for April 26, 2014 at Chaparral High School. City staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection Events (HHWE) and the Backyard Composting Workshops. The next Household Hazardous Waste Collection Event is scheduled for January 25, 2014 at 43200 Business Park Drive (former City Hall). (WEST) SPECIAL PROJECTS Old Town Trolley: On April 9, 2013, the Old Town Steering Committee Meeting, consisting of Council Members Naggar and Roberts, approved a pilot program for the Old Town Trolley with Brewen's Empire Trolley. The pilot program, which ran from May 4 through August 3, provided free, public transportation throughout Old Town that is convenient to restaurants, shops, and the Civic Center. The trolley encourages visitors to park in the public Civic Center parking garage. On August 1, 2013, the Steering Committee proposed to extend the Old Town Trolley Program to cover five Hot Summer Nights in August and Saturday service through January 2014. (LEHNER) BUILDING & SAFETY Inspections: During the month of November, Building and Safety conducted 1,769 inspections. On average, there were 98.27 inspections per day, or 24.56 inspections per inspector per day. During the month of December, Building and Safety conducted 2271 inspections. On average, there were 113.55 inspections per day, or 22.71 per inspector per day. Permits: During the months of November and December, Building and Safety issued 484 construction permits. Of these permits, 105 were dwelling units. Some of these permits included: Tenant Improvements Iglesia Ni Cristo Church— 29385 Rancho California Road Yogurtland — 32068 Temecula Parkway, Suite 100 Aftershock Brewing Company — 28822 Old Town Front Street, Suite 107 Murrieta Valley Surgeons — 31537 Rancho Pueblo, Suite 202 Dr. Rucker Orthodontics — 31560 Rancho Pueblo, Suite 201 Non -Construction Certificate of Occupancy Chin's Gourmet Restaurant — 27464 Jefferson Avenue Ichiban Sushi — 41915 Motor Car Parkway, Suite D Zagara Italian Eatery — 41789 Nicole Lane, Suite 1 Back Alley Motor Sports — 28671 Calle Cortez, Suite B Pepperoni Xpress — 31333 Temecula Parkway, Suite 120 Ocean Fresh Fish and Chips — 30590 Rancho California Road, Suite 303 Lekena's Aloha BBQ — 26443 Ynez Road, Suite Q CODE ENFORCEMENT During November and December, Code Enforcement responded to 86 web complaints from constituents. In addition, they opened 200 cases, 153 of which were residential and 47 were commercial. Code Enforcement also pulled 1,550 non -conforming signs in the community. Staff worked with Temecula Police Department regarding nine abandonded vehicles. Detailed Code Enforcement activity can be found in the following chart. November & December 2013 - Code Enforcement Cases TYPE OF CODE CASE RESIDENTIAL COMMERCIAL TYPE TOTAL Abandoned or Inoperable Vehicle 17 1 18 Vacant Home / Property Maintenance / Rodent infested 7 0 7 Business or Home Occupation w/o license 2 8 10 Abandoned Home / Vandalism 0 1 1 Trash and Debris / Parking lot maintenance 6 2 8 Overgrown Vegetation / Weeds / Fire Hazard 21 0 21 Green Pool / Vector Control 3 1 4 Graffiti 2 5 7 Noise 3 1 4 Trailer / RV Stored 22 0 22 Construction w/o Permit 5 5 10 Encroach Public ROW / Trash Cans 57 2 59 Other / Homeless Encampment 1 1 2 Other / Smoking Ordinance / Safety Issue 1 2 3 Other / Safety Issue - Pool no fence/gate 2 1 3 Other/Parking 4 2 6 Signs Pulled - Violations 0 15 15 153 47 200 TOTAL NUMBER OF CASES 200 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, real estate owned properties, and properties in default in both commercial and residential development. The following charts demonstrate the past six months of foreclosure tracking activities in Temecula. Both residential and commercial foreclosures continue to decline in Temecula as the economy improves. Residential Foreclosure Tracking Commercial Foreclosure Tracking JULY 2013 AUGUST 2013 SEPTEMBER 2013 OCTOBER 2013 NOVEMBER 2013 DECEMBER 2013 DEFAULT 7 7 7 6 6 7 FORECLOSED 136 110 100 104 105 110 FORECLOSED 59 40 34 33 33 21 TOTALS 137 120 116 118 113 100 REO 79 71 60 67 64 66 TOTALS 352 301 276 289 282 276 Commercial Foreclosure Tracking JULY 2013 AUGUST 2013 SEPTEMBER 2013 OCTOBER 2013 NOVEMBER 2013 DECEMBER 2013 DEFAULT 7 7 7 6 6 7 FORECLOSED 3 3 3 4 4 4 REO 59 40 34 33 33 21 TOTALS 69 50 44 43 43 43 Planning Agenda Report 11/1/2013 through 12/31/2013 1. Recently Approved APN # 959080017 • PA11-0157 Arco Major Modification ERIC JONES A Major Modification application to allow an existing gas station/convenience store to add 1,000 square feet to the existing store for a deli and outdoor seating at 44239 Margarita Road. Submitted Date Approved Date Jun 6 2011 Dec 12 2013 • PA12-0143 Navy Federal CUP APN # 961410008 KENNY TAYLOR A Conditional Use Permit to allow Navy Federal Credit Union to construct and operate a three lane drive-thru as part of a proposed banking structure located approximately 150 feet south of Temecula Parkway, on the west side of Jedediah Smith Road (APN: 961-410-008) (Related Application: Development Plan PA12-0142) Submitted Date Approved Date Jul 24 2012 Dec 18 2013 • PA13-0203 Relentless Brewing CUP APN # 909252011 KENNY TAYLOR A Minor Conditional Use Permit for Relentless Brewing to operate a beer manufacturing facility with a retail sales and tasting area located at 42030 Avenida Alvarado, Suites E & F. Submitted Date Approved Date Aug 29 2013 Nov 6 2013 • PA13-0228 Petco MOD APN # 910470015 KENNY TAYLOR A Major Modification for Petco to change the front facade of the existing store including new entry doors, aluminum awnings, and modified storefront windows at 40474 Winchester Road (Temecula Regional Center). Submitted Date Approved Date Sep 26 2013 Dec 4 2013 • PA13-0243 Quaid Harley Davidson TUP APN # 922110026 FAHMIDA RASHID A Major Temporary Use Permit for Quaid Harley Davidson's Support of Troops X event to take place on December 7, 2013, from 11 a.m. to 2:00 p.m. at 28897 Old Town Front Street. Submitted Date Approved Date Oct 8 2013 Nov 13 2013 APN # • PA13-0250 Great West Major TUP 966010012 VICTORIA HERNANDEZ A Major Temporary Use Permit to allow Great West Christmas Trees LLC to operate Christmas tree sales on a vacant lot within the Butterfield Ranch Shopping Center from November 15, 2013 thru December 24, 2013, from 9 a.m. to 9 p.m. Monday thru Friday, 9 a.m. to 10 p.m. Saturdays, and 10 a.m. to 9 p.m. Sundays at 43810 Butterfield Stage Road. Submitted Date Approved Date Oct 22 2013 Nov 8 2013 APN # 1 of 6 Planning Agenda Report 11/1/2013 through 12/31/2013 • PA13-0256 Harley-Davidson TUP 922110026 VICTORIA HERNANDEZ A Major Temporary Use Permit to allow Quaid Temecula Harley-Davidson to conduct a celebration of life fundraiser event on November 24, 2013 from 11 a.m. to 3 p.m. at 28964 Old Town Front Street. Submitted Date Approved Date Oct 252013 Nov 18 2013 • PA13-0266 Refuge Brewery TUP APN # 921040018 FAHMIDA RASHID A Major Temporary Use Permit to allow Refuge Brewery to conduct a One Year Anniversary special event including catered food trucks and live entertainment. The event will be held within an existing tasting room and in the outside loading access area on December 14, 2013 from 5 p.m. to 10 p.m. at 43040 Rancho Way, Suite 200. Submitted Date Approved Date Nov 7 2013 Nov 20 2013 • PA13-0267 Costco Christmas Tree Lot APN # 921810013 FAHMIDA RASHID A Major Temporary Use Permit for Costco to sell Christmas trees from a 53 foot trailer from November 26, 2013 to December 24, 2013, from 8:00 a.m. to 10:00 p.m. Monday thru Friday, 8:00 a.m. to 8:00 p.m. Saturdays and Sundays at 26610 Ynez Road. Submitted Date Approved Date Nov 7 2013 Dec 3 2013 • PA13-0269 NCC Mixer APN # 921750009 VICTORIA HERNANDEZ A Temporary Use Permit to allow for the Temecula Valley Chamber of Commerce Mixer and La Masters' 25th Anniversary. Food and alcohol will be served inside La Masters and outdoor seating with a D.J. will be provided in the parking lot on November 20, 2013 from 5:30 p.m. to 7:30 p.m. at 26780 Ynez Court. Submitted Date Approved Date Nov 13 2013 Nov 18 2013 • PA13-0271 VA Major TUP APN # 910110086 FAHMIDA RASHID A Major Temporary Use Permit to allow the Department of Veteran Affairs to conduct a Winter Wonderland Festival consisting of free toys, free food, free crafts, pictures with Santa, live music, and dancers on December 13, 2013 from 5:30 p.m. to 8:30 p.m. at 40935 County Center Drive. Submitted Date Approved Date Nov 13 2013 Dec 3 2013 2 of 6 Planning Agenda Report 11/1/2013 through 12/31/2013 3. New Submittals Pending DRC Meeting APN # 945120001 • PA10-0213 Simms TTM ERIC JONES A Tentative Tract Map application to create 5 residential lots from 4 lots with lot size ranging from 1.31 acres to 2.80 acres on vacant property generally located on the south side of Santiago Road, approximately 1,500 feet east of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 14 2010 8/12/2010 TBD • PA12-0131 Arbor Vista GPA APN # 919350017 ERIC JONES A General Plan Land Use map change from Very Low (VL) density residential to Low (L) density residential. The project site is located on 73 acres at the southeast corner of Nicolas and Via Lobo Roads. (APN 919-350-0117, - 0118, -0119, -120) (Associated applications: PA12-0132, Zone Change to PDO; PA12-0133, TTM 36479; and PA12-0134, Home Product Review). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 12 2012 8/9/2012 TBD APN # • PA12-0132 Arbor Vista ZC to PDO 919350017 ERIC JONES A Zoning Map and Text change from Very Low (VL) density residential to a Planned Development Overlay (PDO) based on the standards of the Low (L) density residential designation with provisions for a cluster development. The project site is located on 73 acres at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350-017, -018, - 019, -120) (Associated applications: PA12-0131, GPA; PA12-0133, TTM 36479; and PA12-0134, Home Product Review). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 12 2012 8/9/2012 TBD • PA12-0133 Arbor Vista TTM 36479 APN # 919350017 ERIC JONES A Tentative Tract Map (No. 36479) to subdivide 73 acres into 83 single-family cluster lots. Minimum lot size for the residential Tots is 5,500 square feet. Approximately 59% of the site will be preserved as permanent open space to preserve the existing drainage on-site. Access to the site will be provided from Nicolas and Via Lobo Roads. The project site is located at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350-017, -018, -019, -120) (Associated applications: PA12-0131, GPA; PA12-0132, Zone Change to PDO; and PA12-0134, Home Product Review). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 12 2012 8/9/2012 TBD • PA12-0134 Arbor Vista HPR APN # 919350017 ERIC JONES A Residential Home Product review for 83 lots to be created with TTM 36479 (PA10-0133) for 4 floor plans ranging in size from approximately 2,700 to 3,500 square feet with three elevation types each including Craftsman, Spanish and Traditional. The project site is located at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350- 017, -018, -019, -120) (Associated applications: PA12-0131, GPA; PA12-0132, Zone Change to PDO; and PA12- 0133, TTM 36479). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 12 2012 8/9/2012 TBD 3 of 6 Planning Agenda Report 11/1/2013 through 12/31/2013 • PA13-0068 Tower Plaza Addition and Mod APN # 921260022 KENNY TAYLOR A Major Modification to add 1,564 square feet of new restaurant and professional office space at 27423 Ynez Road (Tower Plaza Center). Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 26 2013 TBD • PA13-0141 UHS Heliport Major Mod APN # 959080001 STUART FISK Major Modification and Supplemental EIR for the Temecula Valley Hospital Development Plan and Heliport Conditional Use Permit to relocate the heliport from the east side of the project site to the west side of the site at 31700 Temecula Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned May 31 2013 6/27/2013 TBD APN # • PA13-0155 Shearwater Creek DP 922110013 ERIC JONES A Development Plan to construct a 141 unit attached residential project with a pool and clubhouse for project residents, located at the southern most point of Pujol on the west side (APNs: 922-110-013, 922-110-014) (Related Application: PA13-0156 - Condo Map) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 18 2013 TBD • PA13-0200 Field House Sports Complex CUP APN # 921281010 KENNY TAYLOR A Conditional Use Permit to allow The West Coast Sports Group LLC to operate an indoor sports training facility within an existing 108,927 square foot building at 28381 Vincent Moraga Drive. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 28 2013 TBD • PA13-0206 Redhawk RDP APN # 962020012 KENNY TAYLOR A Development Plan application for Ashbrook Communities to construct 77 single family homes on a condominium lot consisting of three elevations and four floor plans ranging in size from 2,294 square feet to 2,542 square feet. The project is located in Tract 34715 of the Redhawk Specific Plan, generally located at the southeast corner of Peach Tree Street and Deer Hollow Way. (Related Application: PA13-0207 - Tentative Tract Map) Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 3 2013 10/3/2013 TBD • PA13-0216 T -Mobile TUP APN # 961080007 KENNY TAYLOR A Major Temporary Use Permit to allow T -Mobile to install a temporary wireless telecommunication facility within the McDonald's Restaurant parking lot at 31853 Temecula Parkway during remodeling of the building. (Vail Ranch Shopping Center) Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 12 2013 TBD 4 of 6 Planning Agenda Report 11/1/2013 through 12/31/2013 APN # • PA13-0217 Rancho Vista V/g TTM Revision 944060006 STUART FISK A Tentative Tract Map revision application for condominium purposes to change the number of lots from 4 lots (one condominium lot, one recreation building lot, and two open space lots) to 3 lots (one condominium lot, one recreation building lot, and one open space lot) for 59 detached condominium units located at the northeast corner of Rancho Vista Road and Mira Loma Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 12 2013 10/10/2013 TBD • PA13-0233 AT&T Cellular Tower APN # 920100016 KENNY TAYLOR A Wireless Telecommunications Facility Application to allow a new 45 -foot stealth bell tower to be constructed and operated within the existing Chaparral Self Storage facility located at 27380 Nicolas Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 30 2013 TBD • PA13-0240 Wolf Creek Development Plan APN # 962010007 ERIC JONES A Development Plan to allow for the construction of a 174 unit condo complex with associated amenities generally located at the southeast corner of Pechanga Parkway and Wolf Valley Road (APN: 962-010-007) (Related Application: PA13-0241) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 7 2013 TBD • PA13-0241 Wolf Creek CUP APN # 962010007 ERIC JONES A Conditional Use Permit to allow a 174 unit condo complex to be constructed within the Wolf Creek Specific Plan, generally located at the southeast corner of Pechanga Parkway and Wolf Valley Road (APN: 962-010-007) (Related Application PA13-0240) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 72013 TBD • PA13-0244 Belle Maison Model Home App APN # 953390007 ERIC JONES A Model Home Complex application to allow Lennar Homes to have two models for Belle Maison generally located at the northwest corner of Butterfield Stage Road and Chemin Clinet. Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 14 2013 TBD • PA13-0249 APN # TCI Development Agreement 922220002 MATTHEW PETERS A Development Agreement application for the Temecula Creek Inn project, which includes a Specific Plan, General Plan Amendment, Tentative Tract Map and Development Plan to expand Temecula Creek Inn into a master -planned 18 -hole golf course resort and community on 305 acres located 44501 Rainbow Canyon Road. The Specific Plan proposes four Planning Areas: Planning Area 1 includes an expansion of the existing hotel by 99 rooms from 128 to 227 guest rooms (active adult option on 126 units) and the addition of a spa and banquet facilities totaling 153,837 square feet. Planning Areas 2-4 include a maximum 409 single family and mufti -family residential units ranging in size from 1,600 to 4,300 square feet. Related Cases PA08-0118, PA08-0119, PA08-0120, PA08-0121 (APNs 922- 220-002; 003; 008; 031; and 922-230-002; 003; 004; 007; 008) 5 of 6 t Planning Agenda Report 11/1/2013 through 12/31/2013 Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 22 2013 11/14/2013 TBD • PA13-0268 CostcoTemporary Storage Contai APN # 921810013 FAHMIDA RASHID A Temporary Use Permit to allow a storage container to be placed near the southeast corner of the existing Costco building during the holiday period between November 18, 2013 and December 29, 2013. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 7 2013 TBD • PA13-0283 Schafer Condo Map APN # 921090092 KENNY TAYLOR A Tentative Map application for condominium purposes to create 6 individual office space units at an existing 18,600 square foot office building located at 41619 Margarita Road (APN: 921-830-0019 & 921-830-023). Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 17 2013 TBD • PA13-0286 Circus Vargas TUP APN # 910420030 VICTORIA HERNANDEZ A Major Temporary Use Permit to allow Circus Vargas to have performances under a big top tent and associated concessions from March 6th thru March 17, 2014 at 40820 Winchester Road in the lower Macy's parking lot (APN: 910-420-010). Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 23 2013 TBD 6 of 6 0 : •� r •.1rt • I• • z A I•I"i'/T9 `��•I iRIk WY uWj • . ••v PA13-0233 .I o • s. .' . ,. _( � � �• : .� PA12-0131" �_- •�' 12Al2-0134 PA12-0132 71211111174414.11 Mrdi1111 -.4111 11110.-4k ivo Nair 11014_- 0244 ��/4"41411 61110. 1111141tilit I I 2:11:24 11.1:441]WarNIA ;T3-0256 PA13-0250„ Planning Status November/December 2013 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 17 Approvals City Attorney Finance Director City Manager Mr - ..IA CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: January 28, 2014 SUBJECT: Public Works Department Monthly Reports RECOMMENDATION: Receive and file Public Works Department Activity Reports for Capital Improvement Projects for the second half of December 2013 through the first half of January 2014, and the Street Maintenance report for the month of December 2013. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report December 2013 / January 2014 Prepared by: Amer Attar Submitted by: Amer Attar Date: 1/28/2014 PROJECTS UNDER CONSTRUCTION Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of a mitigation site for the Wolf Valley Creek Channel Improvements - Stage I. At the February 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. Bids were opened on June 13, 2013, and the construction contract was awarded by City Council to Nature's Image on July 24, 2013. Work started after the nesting season ended on September 15, 2013, and is currently in a one year weed abatement period. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. In progress: concrete placement for bridge sidewalk, bridge lighting and electrical work, stone facing for bridge columns and planters, RCWD waterline installation. Upcoming: street improvements (decorative concrete and street paving). Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approximately 150 foot long pedestrian/bike bridge over Santa Gertrudis Creek near Chaparral High School. 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 17, 2012. Maintenance and monitoring is ongoing. French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase I This Project includes widening of southbound Interstate 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. This Project is under construction from June 2012 through February 2014. See project web page for construction updates: http://www.cityoftemecula.org/Temecula/Government/PublicWorks/FrenchValley.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 January 20, 2011. The project is now in the five-year maintenance/monitoring program. 1 Great Oak High School Tennis Court Lighting This project will install lights around the tennis courts at Great Oaks High School. Bids were opened on May 23, 2013. At the June 11, 2013 meeting, the City Council awarded the contract to MDE Group, Inc. This project started construction on July 31, 2013. The tennis courts were resurfaced during December 2013. Work is expected to be completed in January 2014. 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 June 26, 2012 City Council Meeting. Construction is complete. Temecula Community Center Renovation City Council awarded the contract to LDCO, Inc. on June 11, 2013. First day of work was July 15, 2013. Interior framing, rough electric, plumbing & HVAC are complete. Work has begun on exterior. French Valley Parkway Environmental Mitigation This project implemented the riparian mitigation requirement of the HMMP that was developed for the French Valley Parkway Interchange project. Work involved creation of a 2.73 acre riparian site through planting native plant species and removing non-native and invasive plant species. Construction started on October 2, 2012 and was completed November 5, 2012. This site will be monitored and maintained for five years. Roripaugh Ranch Street Improvements Phase II Contract was awarded on December 11, 2012. First day of work was January 14, 2013. Retaining walls and underground utility work is ongoing. Pavement Rehabilitation Program - Rancho Vista Road This project rehabilitated Rancho Vista Road from Margarita Road to Paseo Goleta. This Project was awarded at the April 9, 2013 City Council Meeting to R.J. Noble Company. Construction was substantially complete on August 13, 2013, just prior to the start of the school year at the nearby Temecula Valley High. Fire Station 84 Roof Replacement This project will replace the roof at Fire Station 84. Bids were opened on July 25, 2013. The contract was awarded to All Weather Roofing on August 13, 2013. Construction started on October 4, 2013 and has been completed. The City Council is set to accept the project at the January 28, 2014 meeting. Community Recreation Center Picket Ornamental Fence Replacement This project will replace the picket ornamental fence at the Community Recreation Center (CRC). The fence has been installed with gate installation nearly complete. Construction is expected to be completed in January 2014. Pavement Rehabilitation Program - Rancho California Road 2 This project will rehabilitate Rancho California Road from Jefferson Avenue to Ynez Road. Project was awarded to R.J. Noble at the July 23, 2013 City Council Meeting. Contractor is preparing the Traffic Control Plans and in the process of obtaining the Encroachment Permit from Caltrans. Due to the holidays, the project was postponed until the 1st quarter of 2014. CITYWIDE CONCRETE REPAIRS FY 2013-14 The City Council awarded the contract to Above All Names Construction Service at the August 27, 2013 City Council meeting. Construction started on October 24, 2013. Concrete replacement is ongoing. Pavement Rehabilitation Program - Bridge Decks A Contract was awarded to Peterson -Chase General Engineering at the September 24, 2013 City Council meeting. Traffic control plans and other required submittals are being prepared. Due to temperature requirements associated with the methacrylate process, by mutual agreement with the contractor, beginning of construction is delayed until April/May of 2014. Murrieta Creek Bridge -Overland Drive Phase 1 Demolition The City Council awarded the contract to Unlimited Environmental at the September 10, 2013 meeting. the demolition work started on November 4, 2013. Sewer lateral is scheduled to be removed mid- January. 3 PROJECTS IN DESIGN 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. Consultant is preparing an Environmental Assessment and Individual Permit Application for USACE. 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. Temecula Park and Ride (Temecula Parkway) This project designed a park and ride facility on Temecula Parkway at La Paz. The City received the 100% plans and all reports. The design is complete. This project was previously shelved until funds are available. On January 8, 2014, the Riverside County Transportation Commission approved Congestion Mitigation and Air Quality funds which will enable this project to move forward. The preparation of a federal NEPA environmental document is necessary. Staff is set to start working on this project to get it to the construction bidding phase. 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 May 1, 2009. The consultant is working on 90% plans, specifications and estimate. 1-15 / SR -79S Ultimate Interchange 95% PS&E (7th) submitted December 2013. Pavement Rehabilitation Program - Winchester Road This project will rehabilitate the portion of Winchester between Jefferson Avenue and Ynez Road. Caltrans has approved the plans and will issue the encroachment permits shortly. Winchester Road is scheduled to bid on the first quarter of 2014. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase!! Target submittal of 90% PS&E is January 2014. 4 Special Needs 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. The Purchase/Install consultant agreement was approved by City Council on December 10, 2013 with construction scheduled for Spring 2014. A splash pad will be installed as an additive item to the agreement. Old Town Temecula Community Theater Remediation City Council approved the plans and specifications at the April 23, 2013 meeting. At the November 12, 2013 meeting, the City Council approved the Old Town Temecula Community Theater ADA Transition Plan. The project will be rebid with a construction start of March 1, 2015. 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 submitted 90% plans. They are under City review. Various rehabilitation options are being examined. Old Town Front Street Storm Drain This project involves replacement of the cross gutter in Old Town Front Street, approximately 800 feet north of Temecula Parkway. Design work continues, draft 100% plans anticipated in January 2014. Potholing of MWD facilities required for completion of system design is being coordinated by the design consultant. Old YMCA Building Remediation Council approved a design agreement with Meyer and Associates at their September 10, 2013 meeting. Design work is ongoing. Fire Station 73 Living Quarters Upgrade The City Council approved the design contract on September 10, 2013. The Conceptual design has been expanded to update finishes throughout the Fire Station. The color board and most recent changes will be presented to the Fire Chief. 5 DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE DIVISION FISCAL YEAR 2013 - 2014 Date Submitted: January 3, 2014 Submitted By: Amer Attar Prepared By: Rodney Tidwell 2ND QUARTER Oct -13 Nov -13 1 Dec -13 FISCAL YEAR TO DATE SCOPE OF WORK Unit Cost WORK COMPLETED COST WORK COMPLETED COST WORK ° 1 COST COMPLETED WORK i COST COMPLETED '-'1 TOTAL COST FOR LAST FISCAL YEAR ASPHALT CONCRETE Square Footage: 52.97 Tons: 85 7,772 $ 250.97 5,504 86.5 $ 16,346,88 3,107 54 $ 9,22779 1 64,465 $ 191,459.57 8,098 $ 233,623.17 PORTLAND CEMENT CONCRETE Square Footage: $2.97 PCC Yards: 0 0 $ - $ - 0 $ - $ - f $ f$ - 0 I $ - 0 I$ $ $ STRIPING & PAVEMENT MARKINGS: Curb & Lines (linear feet): 50.07 Painted Legends (each): $8.00 Median Noses (linear feet): $0.07 Raised Pavement Markers (each): Thermo Plastic Legends (each): 19,117 64 0 0 0 $ 1,338.19 $ 512.00 0 0 0 0 0 $ .. $ 30 0 0 0 0 I k $ 2 10 1 $ - j $ - I 73,914 538 102 i { k $ 5,173.98 $ 4,304.00 $ - $ - $ - $ 10,171,70 $ 38,624.00 $ 424,97 SIGNS & BANNERS No. of Signs REPLACED: $26.39 Material (cost per sign): $50.00 No. of Signs INSTALLED: $26.39 Material (cost per sign): $50.00 No, of Signs REPAIRED: $26.39 Material (cost per sign): $50.00 No, of BANNERS installed: $26.39 Christmas Wreaths $26.39 84 1 64 0 $ 2,216.76 $ 4,200.00 $ 26.39 $ 50.00 $ 1,688,96 $ 3,200,00 $- 46 65 172 88 $ 1,213.94 $ 2,300.00 $ $ - $ 1,715.35 $ 3,250.00 $ 4,539.08 $ 2,122 32 62 1 109 0 $ 1,636.18 $ 3,100.00 1 $ 26.39 i $ 50.00 $ 2,876.51 $ 5,450.00 $ y 303 16 456 248 $ 7,996.17 $ 15,150-00 r $ 422.24 ' $ 800.00 i $ 12,033.84 j $ 22,800.00 $ 6,544.72 e $ 16,071.51 $ 30,450.00 $ 4,750.20 $ 9,000,00 $ 24,463.53 $ 46,350.00 $ 23,434.32 GRAFFITI REMOVAL No. of Locations: Square Footage: 47 1,360 53 1,562 94 4,808 638 48,928 DRAINAGE FACILITIES CLEANED Catch Basins: $26.39 Down Drains: 526.39 Under sidewalk Drains 526.39, Detention Basins: 526.39 173 23 9 21 $ 4,565,47 $ 606,97 $ 237,51 $ 554,19 182 0 0 15 $ 4,802.98 $ - $ - $ 395,85 233 0 0 25 $ 6,148.87 I $ - j $ - I $ 659.75 1,140 23 95 90 $ 30,08460 $ 606.97 $ 2,507 05 $ 2,375.10 $ 42,672.63 $ 26.39 $ 13,960.31 $ 2,955.68 TREES TRIMMED No. of Trees Trimmed: 526.39 145 $ 3,826.55 96 $ 2,533.44 1 16 $ 422.24 463 1 $ 12,218.57 $ 22,273.16 R.O.W. WEED ABATEMENT Area Abated (square feet): $0.034 18,375 $ 624,75 0 $ - 1,000 $ 34,00 22,375 $ 760.75 $ 2,891.16 The Street Maintenance Division also responds to service requests for SERVICE ORDER REQUESTS No of SOR's: a variety of other 64 reasons, the total number of Service Order Requests, I { 52 ji some of which include work reported above is reported 282 monthly. Personnel assigned to the Street Maintenance Division are on-call and Overtime Hours: $39,59 respond to after hours emergencies 81 I $ 3,206.79 or support City sponsored special 56 $ 2,217.04$ events - 426 $ 16,845.55 $ 32,681.55 TOTALS 1 $ 27,105.50 $ 41,636.88 $ 29,633.83 f $ 332,083.10 $ 554,824.28 R:\MAINTAIN\MOACRPT\JULY.AUG_SEPT. STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of December, 2013 DATE STREET/CHANNELBRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK SIZE CONTRACTOR: Rene s Commercial Management Date: 12/5/13 # 21-13 Citywide channels Application of pre -emergent herbicides TOTAL COST $7,875.00 Date: # 23-13 50 acres of City owned lots Application of pre -emergent herbicides TOTAL COST $10,750.00 Date: TOTAL COST Date: TOTAL COST CONTRACTOR: West Coast Arborists Inc. Date: 11/30/13 # Citywide Annual ROW tree trimming TOTAL COST $18,963.00 Date: # TOTAL COST CONTRACTOR: Ryan Monteleone Excavation Inc. Date: 12/12/13 # 192 Avenida Buena Suerte Install 10 L.F. of 18" CMP TOTAL COST $1,500.00 Date: TOTAL COST TOTAL COST ACCOUNT #5401 $ 9,375.00 TOTAL COST ACCOUNT #5402 $ 29,713.00 TOTAL COST ACCOUNT #99-5402 R:\MAINTAIMMOACTRPT DEPARTMENT OF PUBLIC WORKS CONTRACTED MAINTENANCE WORK COMPLETED FISCAL YEAR 2013-2014 Date Submitted: January 3, 2014 Submitted By: Amer Attar Prepared By: Rodney Tidwell SCOPE OF WORK JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Year toDate ASPHALT CONCRETE Square Footage Cost 0 0 $ - $ - »____ $_____________�__ $ - $ - PORTLAND CEMENT CONCRETE Square Footage Cost � 0 0 0 $ - - $ - $ - $ - DRAINAGE FACILITIES Channels (each) Cost ____ __0__-_-__----0 ------'—'0 $ -$ '$-_-_$-_ _________ ----------------------------_---'0'—'----'— - •7,8I5.gy_ --'---_'_�-$-'-__I,8Z5.00$ STRIPING AND PAVEMENT MARKINGS Striping (linear feet) Sandblasting (linear feet) Legends (each) Cost 0 0 0 0 0 '-__$__-141,913.I0 0 0 0 �8.5U0.V» $ --$------150,413.70� TREES Trees Trimmed Trees Removed Cost 0 0 0 -----__--0 -_--__'--_---'-'-_-'-'-'___-'------'-___--___'---_ - $ - 36 — $ 5,406.00 — $ 1,305.00 $ 10,174.00 36_ 0 --_ '-'--' '-'_--_ $ 18,963.00 $--_-_-'35,848.00 WEED ABATEMENT ROW Area Abated (Square Feet) Other Public Lands Abated (Square Feet) Cost 0 0 0 0 0 0 - $ 7.430.00 $ - $ e.654.00 $ 8,500.00 $ 10.750.00 $ 30.33*.00 MISC. MAINT ACTIVITES Trash & Debris pick-up along City ROW Cost Install 1OLFof1a''CMP Cost - $ - $ - $ - $ 346.00 $ 346.00 * 1'500.00 $ 1 500.00 TOTAL CONTRACTED MA|mTCOSTS * 8,500.00 $ 7.430.00 $ 5.406.00 $ 152^872.70 $ 19.020.00 $ 3e.088.00 $ 232.316.70 nAmmwrAIwxwoAcnTpuuc/nonuDEC CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS STREET MAINTENANCE DIVISION GRAFFITI REMOVAL FISCAL YEAR 2013-2014 Month Number Square of Calls Footage Jul 137 3,193 Aug 169 2,623 Sep 138 2,382 Oct 47 1,360 Nov 53 1,562 Dec 94 4,808 Jan Feb Mar Apr May Jun Totals 638 15,928 6,000 5,000 4,000 0- 2,000 2,000 1,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Square Number Footage of Calls 180 160 140 120 0 80 6 z 60 40 20 0 Item No. 18 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeffrey Kubel, Chief of Police DATE: January 28, 2014 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the months of November and December 2013. PATROL SERVICES November December Overall calls for police service 2471 2557 "Priority One" calls for service 56 62 Average response time for "Priority One" calls 5.39 Minutes 4.89 Minutes VOLUNTEERS November December Volunteer administration hours 174 168 Special Events hours 72 227 Community Action Patrol (CAP) hours 847 796 Reserve officer hours (patrol) 75 102 Training hours 156 65 Total Volunteer hours 1,124 959 CRIME PREVENTION/GRAFFITI November December Crime prevention workshops /Neighborhood watch meetings conducted 7/4 6/6 Residential/Business security surveys conducted 2/3 2/3 Businesses visited 4 5 Residences/Businesses visited for past crime follow-up 0/5 0/5 Crime prevention articles 0 0 Station Tours 6 4 Planning Review Projects/Temp Outdoor Use Permits 1/8 2/1 Square Footage of Graffiti Removed 1,562 4,808 OLD TOWN STOREFRONT November December Total customers served 289 256 Sets of fingerprints taken 33 44 Police reports filed 10 23 Citations signed off 23 18 Total receipts $1,683.00 $2,511.00 SPECIAL TEAMS (POP / SET) November December On sight felony arrests 5 10 On sight misdemeanor arrests 15 7 Felony arrest warrants served 1 0 Misdemeanor arrest warrants served 1 2 Follow-up investigations 3 4 Traffic Stops/Vehicle Checks 3 4 Crime Free Housing Checks 61 22 TRAFFIC November December Citations issued for hazardous violations 830 687 D.U.I. checkpoints conducted 0 2 D.U.I. Arrest 30 29 Non -hazardous citations 526 568 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 68 65 Neighborhood Enforcement Team (N.E.T.) citations 55 110 Parking citations 85 128 Seatbelts 54 57 School Zones 107 82 Cell Phone Cites 239 195 Injury collisions 27 32 Presentations 0 0 INVESTIGATIONS November December Beginning Caseload 170 156 Total Cases Assigned 69 63 Total Cases Closed 83 71 Search Warrants Served 7 11 Arrests 3 9 PROMENADE MALL TEAM November December Calls for service 907 1232 Felony arrest/filings 2 5 Misdemeanor arrest/filings 20 32 Traffic citations 23 98 Fingerprints/Livescans 136 118 Total receipts $7,181 $7,095 SCHOOL RESOURCE OFFICERS November December Felony arrests 1 2 Misdemeanor arrests 6 1 Reports 61 6 Youth counseled 146 144 Meetings 41 76 REQUESTS TO SPEAK REQUEST TO SPEAK t CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date �� / I wish to speak on Agenda [tem No. Subject ��✓/ e/L%S - cc/ /i14L/L — For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All i rmation provided is optional. Name: Address , Phone: City/State/Zipl ' -. SIL.; [f you are representing an organization or group, please give the name: Date Subject REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. I wish to speak on Agenda Item No.471- r(e ID S EFor ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided i, optional. Name: /hone: Address: City/State/Zip If you are representing an organization or group, please give the name: