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111009 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 43200 BUSINESS PARK DRIVE NOVEMBER 10, 2009 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. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Jessica Sorge Invocation: Pastor Leon Franklin of The Living Word Church Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Family Night in Temecula 2009 -2010 Proclamation Diabetes Awareness Month Proclamation 234th United States Marine Corp Birthday Proclamation PUBLIC COMMENTS Next in Order: Ordinance: 09 -08 Resolution: 09 -92 A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a 1 five minute (5) time limit for individual speakers. 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, ten (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 October 27, 2009. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09- 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 September 30, 2009 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2009. 5 Edward Byrne Memorial Justice Assistance Grant Funding RECOMMENDATION: 2 5.1 Increase estimated General Fund Grant Revenue by $29,032; 5.2 Appropriate $29,032 from General Fund Grant Revenue to the Police Department. 6 Community Service Funding Program for Fiscal Year 2009 -10 RECOMMENDATION: 6.1 Approve the Fiscal Year 2009 -10 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $50,500 to 21 organizations. 7 First Amendment to the Agreement for Consulting Services between the City of Temecula and Environmental Science Associates (ESA) for an Environmental Impact Report (EIR) for the Old Town Specific Plan Amendment RECOMMENDATION: 7.1 Approve the First Amendment to the Agreement to increase the total agreement amount by $25,000 to address necessary additional traffic impact analysis items which were not within the scope of the initial agreement. 8 Agreement for Consulting Services with David Evans and Associates, Inc. for the Butterfield Stage Road Extension Beltway Project Project No. PW09 -02 RECOMMENDATION: 8.1 Approve an Agreement for Consulting Services with David Evans and Associates, Inc. in an amount not to exceed $304,125 for design services to complete the improvement plans for the Butterfield Stage Road Extension Project Project No. PW09 -02; 8.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $30,412.50, which is equal to 10% of the agreement amount. 9 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Project for FY 2008 -09 Project No. PW09 -01 RECOMMENDATION: 9.1 Accept the construction of the Citywide Slurry Seal Project for FY 2008 -09, Project No. PW 09 -01, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 3 10 Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs for FY 2008 -09 Project No. PW09 -03 RECOMMENDATION: 10.1 Accept the construction of the Citywide Concrete Repairs for FY 2008 -09, Project No. PW 09 -03, as complete; 10.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 11 Temporary Street Closure for the Winter Wonderland Event (Main Street between Old Town Front Street and the easterly end of the Main Street Bridge) scheduled for December 11, 2009 RECOMMENDATION: 11.1 Receive and file the following proposed action by the City manager: Temporarily close Main Street for the "2009 WINTER WONDERLAND" EVENT. 12 Temporary Street Closures for Santa's Electric Light Parade on December 4, 2009 RECOMMENDATION: 12.1 Receive and file the following proposed action by the City manager: Temporarily close certain streets for the "2009 SANTA'S ELECTRIC LIGHT PARADE" EVENT. 13 Acceptance of certain Public Streets into the City- maintained System within Tract Map No. 29734 (located northwesterly of the intersection of Deer Hollow Way and Peppercorn Drive- Centex Homes) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM (WITHIN TRACT NO. 29734) 14 Fiber -optic Cable Installation to Fire Station 84 and Library Contract Change Order to Construction Contract with High -Light Electric, Inc. for Traffic Signal Interconnect Equipment Installation Project No. PVV 04 -05 4 RECOMMENDATION: 14.1 Approve a Change Order for an amount not to exceed $23,700 to furnish and install additional fiber -optic cable from the Margarita /Pauba Road traffic signal controller to the utility closet in Fire Station 84 and authorize the City Manager to execute the change order. 15 Professional GIS Consulting Services to enhance the City of Temecula's GIS Parcel and Centerline Data Layers IS 09 -02 RECOMMENDATION: 15.1 Award a contract to D W Consulting to provide GIS Parcel Date Integrity Updata in the amount of $63,370, and authorize the Mayor to execute the contract. 16 Approval of Pre Qualified Vendor for HP Enterprise systems for the Old Town Civic Center, Project No. IS RFQ10 -09 (PH. 2) RECOMMENDATION: 16.1 Approve the HP vendor, listed below, as Pre Qualified Value Added Reseller with HP channel certifications and eligible to submit bids for HP Enterprise Systems for Phase 2 of the Old Town Civic Center Project. 16.2 Authorize staff to negotiate with Nth Generation Computing Inc. for terms and conditions required to satisfy the computing requirements for the Old Town Civic Center Phase 2 as established in the City's Information Systems Master Plan. 17 Fourth Amendment to Contract with Meyer Associates RECOMMENDATION: 17.1 Approve the fourth amendment to the agreement with Meyer Associates in the amount of $13,390, plus 10% contingency of $1,339. 18 Second Reading of Ordinance No. 09 -07 RECOMMENDATION: 18.1 Adopt an ordinance entitled: ORDINANCE NO. 09 -07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.20.070 OF THE TEMECULA MUNICIPAL CODE, REPORTING AND REMITTING, AND 3.20.110, APPEAL, OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX TEMECULA COMMUNITY SERVICES DISTRICT MEETING 5 CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 19 Action Minutes RECOMMENDATION: 19.1 Approve the action minutes of October 27, 2009. 20 Harveston Lake Paddleboat Concession Agreement RECOMMENDATION: 20.1 Approve the Harveston Lake Paddleboat Concession Agreement with Keith Gors dba Goodtime Rentals for a three year term. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the 6 Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. RDA CONSENT CALENDAR 21 Action Minutes RECOMMENDATION: 21.1 Approve the action minutes of October 27, 2009. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT 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. 22 Long Range Planning Project Number LR08 -0017, a statutory update of the City of Temecula General Plan Housing Element RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2008 -2014 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR08 -0017) 7 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, November 24, 2009, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 8 Item No. PRESENTATIONS a) d Ct r rn -CS tb o 0 U Ct U I) 0 cat` M O U U N 4] a) ui H "O i eal 9 a, L) 0 E '1.)' ;.m a) U On 715 1, "O 'O c 'C3 E O o U U O a, s: E O p "O a) 0 "O s. O 0 to g 00 "O ice.., W O c O N a) ,5 0 O N 41 Q S" N O i� ,ct 4 -0 ed 4 r- p U a) W Z Z a) a) I O o O H H 1 j a O U1 U1 U1 U1 U1 U1 U1 W rn x O fY fY fY fY fY fY fY U W W W W W W W cn czt vi a) U w 4 Z cn W -0 1 0 5 w 8 ..4 a te 0 o 0 4a 0 `.t a) M UU N 0 U 0 r a) O E, 0 E O p U N a) an s`. O tg U a) "O -0 0 czt 0 O ue cd y "p 1— O Z o p o o R" "'p cd c.., 0 U' eia ccn at =d h' O O 1.) 75 UO 0. a) v) O c 0 O I. a) i O 1.1` r c O 0 ax O 4 'p ,0 c O ^p 4- 0 c 4- A S. 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Q .a o to L1 o 0 to i y 0 0 bA O a) U O tg cn 4 4 o N U a, o i O U Item No. 1 CONSENT CALENDAR Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 27, 2009 7:00 PM 6:00 P.M. Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding two parcels of real property owned by the N &A Development and Leasing Company, Inc. (Nassef M. Francis and Julie C. Francis) consisting of approximately 49.62 acres (APN 940 080 -002 and 940 090 -001) located on the escarpment west of the City limits and southerly of Rancho California Road in unincorporated Riverside County. The parties to the negotiations for the purchase of the property are N &A Development and Leasing Company, Inc. (Nassef M. Francis and Julie C. Francis), Riverside County Regional Conservation Authority and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are price and the terms of the sale of the property. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by the Temecula Redevelopment Agency consisting of approximately 19.7 acres (part of APN 909 370 -002) located northwesterly of Diaz Road and Dendy Parkway. The parties to the negotiations for an amendment to the terms of sale of this property are: Temecula Water Park L.P. (aka Clearwater Development) and the Temecula Redevelopment Agency. Negotiators for the Temecula Redevelopment Agency are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are an amendment to the purchase and sale agreement concerning the terms of the sale of the property. 3) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the lease of the approximately 2000 square feet of the property owned by the City of Temecula at 28690 Mercedes Street, Temecula (part of the Old Town Civic Center Parking Garage) to the Temecula Valley Convention and Visitor's Bureau. The parties to the negotiations for the lease are City of Temecula and Temecula Valley Convention and Visitor's Bureau. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are rent and terms of the lease. 1 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 6:02 P.M. Mayor Edwards called the meeting to order, with Council Members Comerchero and Naggar absent at the time the Closed Session was called to order but were in attendance of the Closed Session. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Lyndsay Davies Invocation: Pastor Jason Stewart of Temecula Creek Christian Fellowship Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Business /Industry Recognition Program Hotel Industry PUBLIC COMMENTS Grant Tran, representing Date Dental, informed the Council and the public of a Halloween Candy Buy Back 2009 Challenge. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 2 Action Minutes Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of October 13, 2009. 3 List of Demands Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09 -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Proposition 1A Securitization Program Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 09 -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 5 December Schedule for City Council Meetings Approved Staff Recommendation (5 -0- 0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Cancel the regularly scheduled City Council Meeting of December 22, 2009 and perform the appropriate postings and noticing requirements of the Government Code. 3 6 Acceptance of certain Public Streets into the City- Maintained System within Tract Map Nos. 23067 -3, 23067 -4, 23067 -5 (located at Butterfield Stage Road and Nighthawk Pass Centex Homes) Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 09 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM (WITHIN TRACT NOS. 23067 -3, 23067 -4, AND 23067 -5) 7 Interstate 15 /State Route 79 South Ultimate Interchange, Project No. PW04 -08 Amendment No. 1 to Design Cooperative Agreement with the State of California, Department of Transportation Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION 7.1 Adopt a resolution entitled: RESOLUTION NO. 09 -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO EXTEND THE TERMINATION DATE AND CORRECT THE POSTMILES OF AGREEMENT NO. 08 -1249, A DESIGN COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE DESIGN OF IMPROVEMENTS TO THE EXISTING INTERCHANGE ON INTERSTATE 15 AT STATE ROUTE 79 SOUTH 8 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW06 -15 Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW06 -15. 4 9 Temporary Street Closure for the "Harvest Festival" Event in Old Town (Sixth Street between Old Town Front Street and Mercedes Street) at the request of the RDA/Old Town City Council Steering Subcommittee Members, Mayor Edwards, and Council Member Roberts Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Receive and file the following proposed action by the City Manager: Temporarily close a portion of Sixth Street for the "HARVEST FESTIVAL IN OLD TOWN" EVENT. At 7:19 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:25 P.M., the City Council resumed with regular business. CITY MANAGER REPORT None given. CITY ATTORNEY REPORT With regard to the three real estate items, City Attorney Thorson advised that one of the items, Council took action under the Consent Calendar. As to the remaining two items, it was noted that Council provided direction to staff and that any final action will come before the City Council in an open meeting. ADJOURNMENT At 7:31 P.M., the City Council meeting was formally adjourned to Tuesday, November 10, 2009, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 5 Maryann Edwards, Mayor Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: November 10, 2009 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jill Dickey, Accounting Assistant RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 09- Approvals City Attorney Director of Finance City Manager Sief Paz, 42, 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. RESOLUTION NO. 09- 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 $3,397,723.07. 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 10th day of November, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of November, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/15/2009 TOTAL CHECK RUN: 10/22/2009 TOTAL CHECK RUN: 10/15/2009 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 11/10/2009 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 1,808,279.07 130 RECOVERY ACT JAG FUNDING 617.14 165 RDA LOW/MOD 20% SET ASIDE 40,383.12 190 TEMECULA COMMUNITY SERVICES DISTRICT 329,721.55 192 TCSD SERVICE LEVEL B 75,278.28 193 TCSD SERVICE LEVEL "C LANDSCAPE /SLOPE 97,101.98 194 TCSD SERVICE LEVEL D 1,911.13 196 TCSD SERVICE LEVEL "L" LAKE PARK MA1NT. 15,445.55 197 TEMECULA LIBRARY FUND 5,084.46 210 CAPITAL IMPROVEMENT PROJECTS FUND 448,578.05 280 REDEVELOPMENT AGENCY CIP PROJECT 31,916.52 300 INSURANCE FUND 1,942.86 320 INFORMATION SYSTEMS 48,281.43 330 SUPPORT SERVICES 7,291.41 340 FACILITIES 10,827.12 375 SUMMER YOUTH EMPLOYMENT PROGRAM 7,807.50 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 3,000.00 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 5,150.00 474 AD03 -4 JOHN WARNER ROAD DEBT SERVICE 1,170.00 475 CFD03 -3 WOLF CREEK DEBT SERVICE FUND 4,325.00 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 3,150.00 477 CFD RORIPAUGH 1,850.00 001 GENERAL FUND 263,937.67 165 RDA LOW/MOD 20% SET ASIDE 10,770.73 190 TEMECULA COMMUNITY SERVICES DISTRICT 111,340.73 192 TCSD SERVICE LEVEL B 149.96 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 4,621.08 194 TCSD SERVICE LEVEL D 1,416.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MA1NT. 1,310.04 197 TEMECULA LIBRARY FUND 422.39 280 REDEVELOPMENT AGENCY CIP PROJECT 3,983.44 300 INSURANCE FUND 1,281.77 320 INFORMATION SYSTEMS 23,784.02 330 SUPPORT SERVICES 5,791.68 340 FACILITIES 9,621.78 375 SUMMER YOUTH EMPLOYMENT PROGRAM 10,179.61 633,753.39 2,315,358.78 448,610.90 3,397,723.07 2,949,112.17 448,610.90 TOTAL BY FUND: 3,397,723.07 apChkLst Final Check List 10/15/2009 11:09:02AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 1348 10/15/2009 000389 NATIONWIDE RETIREMENT SOLUTION 1349 10/15/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 1350 10/15/2009 000246 PERS (EMPLOYEES' RETIREMENT) 1351 10/15/2009 001065 NATIONWIDE RETIREMENT SOLUTION 1352 10/15/2009 000283 INSTATAX (IRS) 1353 10/15/2009 000444 INSTATAX (EDD) 134486 10/15/2009 008552 ADKINS DESIGN CONSULTING 134487 10/15/2009 004802 ADLERHORST INTERNATIONAL INC 134488 10/15/2009 012943 ALPHA MECHANICAL SERVICE INC 134489 10/15/2009 013015 ALWAYS RELIABLE BACKFLOW 134490 10/15/2009 003376 ARTS COUNCIL, THE 134491 10/15/2009 003137 BARKERS FOOD MACHINERY SERVICE 134492 10/15/2009 003466 BASKETS BALLOONS TOO! 134493 10/15/2009 004262 BIO -TOX LABORATORIES 134494 10/15/2009 009437 BRENNER FIELDER &ASSOC, INC Description OBRA- Project Retirement Payment PERS ER Paid Member Contr Payment Nationwide Retirement Payment Federal Income Taxes Payment State Disability Ins Payment graphic design svcs:theater Training:police K -9 unit Sep training:police K -9 unit Hvac Diag. Inspection: FOC Hvac Diag. Inspection:CRC Repair /Maint Fac:TV Museum Repair /Maint Fac:TV Museum Repair /Maint Fac:OT Theater Repair /Maint Fac:OT Theater Backflow Repairs:Harveston Park Reimb. startup costs -youth art exhibit equip repair: sam hicks park promo baskets:eco dev:college invit. DUI Drug Lab Testing Svcs:Police Equip parts:harveston lake park Amount Paid 3,539.52 578.84 113,196.70 14,118.85 77,808.78 22,150.93 3,178.08 26.01 141.67 200.00 240.00 373.43 260.62 265.25 206.60 1,081.02 2,622.63 142.46 130.50 937.00 Page: 1 Check Total 3,539.52 578.84 113,196.70 14,118.85 77,808.78 22,150.93 3,178.08 Pagel 167.68 1,545.90 1,081.02 2,622.63 142.46 130.50 937.00 1,731.75 1,731.75 apChkLst Final Check List Page: 2 10/15/2009 11:09:02AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134495 10/15/2009 003138 CAL MAT asphalt:citywide street repairs 428.04 asphalt:citywide street repairs 283.14 asphalt:citywide street repairs 178.35 889.53 134496 10/15/2009 004228 CAMERON WELDING SUPPLY welding supplies:pw maint 41.80 41.80 134497 10/15/2009 001249 CENTRE FOR ORG '09 reg. mgmt acad.:fire:Dehart, C. 1,950.00 1,950.00 EFFECTIVENESS 134498 10/15/2009 012627 CLEAR IMAGE ENTERPRISES INC clean windows: west wing 125.00 clean windows: FOC 198.00 323.00 134499 10/15/2009 003997 COAST RECREATION INC Misc playground equip:var parks 158.45 158.45 134500 10/15/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 106.00 106.00 134501 10/15/2009 006303 CONDUIT NETWORKS, INC network svcs consulting:info sys 6,139.07 6,139.07 134502 10/15/2009 003986 COZAD FOX INC Lot line adj cert of compliance 4,540.00 4,540.00 134503 10/15/2009 010650 CRAFTSMEN PLUMBING HVAC plumbing svcs:FS #84 145.00 145.00 INC 134504 10/15/2009 003962 DAVID NEAULT ASSOCIATES INC Ldscp Inspect. Svcs:Pechanga II 5,438.75 5,438.75 134505 10/15/2009 003945 DIAMOND ENVIRONMENTAL portable restrooms:riverton park 52.88 SRVCS portable restrooms:long canyon prk 52.88 portable restrooms:veterans park 52.88 portable restrooms:vail rnch prk 52.88 portable restrooms:redhawk comm pk 52.88 264.40 134506 10/15/2009 002701 DIVERSIFIED RISK/HUB INT'L Sep '09 special events premiums 1,372.45 1,372.45 134507 10/15/2009 009594 DULCHICELLA entertainment:hot summer nights 7/24 650.00 650.00 134508 10/15/2009 000395 ECONOMIC DEVELOPMENT registr qrtrly meeting 9/24 G.Wolnick 40.00 40.00 CORP 134509 10/15/2009 003665 EXCEL COMMERCIAL sept:long distance phone svcs 54.92 54.92 Page2 apChkLst Final Check List Page: 3 10/15/2009 11:09:02AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134510 10/15/2009 001056 EXCEL LANDSCAPE 134511 10/15/2009 007008 FISHER SCIENTIFIC COMPANY flow regulator: FS#84 134512 10/15/2009 011145 FOSTER, JILL C. (Continued) Description Sept Idscp maint:South Slopes Sept Idscp maint:North Slopes Mainline repairs:Rancho Highlands TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 134513 10/15/2009 005405 GILLILAND, ROBIN reimb:misc items:C. Museum misc ofc supplies:FS #73 misc ofc supplies:Public Works misc ofc supplies:HR misc ofc supplies:Code Enf misc ofc supplies:lnfo Sys misc ofc supplies:Theater Amount Paid 39,158.00 21,860.00 484.13 572.41 84.00 378.00 409.50 58.73 134514 10/15/2009 000177 GLENNIES OFFICE PRODUCTS misc ofc supplies:Finance 463.36 INC 290.28 218.79 75.39 88.61 31.73 73.83 Check Total 61,502.13 572.41 871.50 58.73 1,241.99 134515 10/15/2009 009608 GOLDEN VALLEY MUSIC sttlmnt:Classics..Merc 9/6,13,20,27 660.80 660.80 SOCIETY 134516 10/15/2009 003792 GRAINGER circ glass mirror:Theater 44.98 44.98 134517 10/15/2009 012954 HANEY, JOHN THOMAS plan review svcs: B &S 3,756.60 plan review svcs: B &S 3,325.43 7,082.03 134518 10/15/2009 000186 HANKS HARDWARE INC misc hardware supplies:city hall 225.73 hardware supplies:var park sites 1,145.59 misc hardware supplies:library 52.57 misc supplies:pw maint 569.05 hardware supplies:medics 352.13 misc supplies:pw traffic 55.93 2,401.00 134519 10/15/2009 012179 HARNED, JOANNE refund:crc meeting room 58.00 58.00 134520 10/15/2009 004811 HEWLETT PACKARD Computer Supplies:Info Sys 1,250.63 1,250.63 134521 10/15/2009 001517 HORIZON HEALTH Oct Emp Asst prgm: HR 756.80 756.80 134522 10/15/2009 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 6,563.57 6,563.57 303355 Page3 apChkLst Final Check List Page: 4 10/15/2009 11:09:02AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134523 10/15/2009 001407 INTER VALLEY POOL SUPPLY chemical supplies:aquatics pgrm 1,114.14 1,114.14 INC 134524 10/15/2009 000820 K R W ASSOCIATES Aug eng plan ck svcs:land dev 6,325.00 6,325.00 134525 10/15/2009 000482 LEIGHTON CONSULTING INC Aug Geotech Svcs:Ot Infrastructure 44,162.97 44,162.97 134526 10/15/2009 008414 LICITRA, ALDO reimb:CAL- EPA/REA registration fee 100.00 100.00 134527 10/15/2009 003726 LIFE ASSIST INC Emerg. Medical Supplies:Medics 27.68 Emerg. Medical Supplies:Medics 102.84 130.52 134528 10/15/2009 004087 LOWES INC misc supplies:Theater 28.18 28.18 134529 10/15/2009 000217 MARGARITA OFFICIALS ASSN Sep officiating srvcs:csd sports pgrms 4,340.00 Aug officiating srvcs:csd sports pgrms 4,480.00 8,820.00 134530 10/15/2009 001256 MARRIOTT HOTEL Htl:Oper.Grant Tmg 10/30 Sgt.Leggett 125.60 125.60 134531 10/15/2009 013134 MAYORGA, LINCOLN R. Performance:theater 10/18/09 3,069.00 3,069.00 134532 10/15/2009 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 770.00 TCSD Instructor Earnings 735.00 TCSD Instructor Earnings 630.00 TCSD Instructor Earnings 196.00 2,331.00 134533 10/15/2009 007210 MIDORI GARDENS Idscp imprv: wolf crk linear park 8/21 1,050.00 mainline repairs: vail ranch park 9/11 470.62 mainline repairs: wolf creek park 9/8 305.05 mainline repairs: wolf crk linear park 9/4 230.22 2,055.89 134534 10/15/2009 012962 MILLER, MISTY TCSD Instructor Earnings 220.50 TCSD Instructor Earnings 490.00 710.50 134535 10/15/2009 012580 MINUTEMAN PRESS business cards: J. Voshall 45.37 business cards: B. Macadam 54.35 99.72 134536 10/15/2009 001892 MOBILE MODULAR 9/25 -10/24 modular bldg rental:OATC 619.88 619.88 134537 10/15/2009 000883 MONTELEONE EXCAVATING Erosion control:auto mall site 6,500.00 6,500.00 134538 10/15/2009 010990 MOORE IACOFANO GOLTSMAN Aug Youth Master Plan: TCSD 201.25 201.25 INC Page:4 apChkLst Final Check List Page: 5 10/15/2009 11:09:02AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description Amount Paid Check Total 134539 10/15/2009 012757 MUND, KELLEY ROSE TCSD Instructor Earnings 122.50 TCSD Instructor Earnings 35.00 TCSD Instructor Earnings 52.50 TCSD Instructor Earnings 35.00 TCSD Instructor Earnings 52.50 TCSD Instructor Earnings 210.00 507.50 134540 10/15/2009 012978 NAIOP '09 I.E.virtual property tour 11/11 G.W. 1,000.00 1,000.00 134541 10/15/2009 009337 NOLTE ASSOCIATES INC Aug eng design srvcs:ped bridge 99.50 99.50 134542 10/15/2009 003964 OFFICE DEPOT BUSINESS SVS City receipt books:Police 124.89 124.89 DIV 134543 10/15/2009 002105 OLD TOWN TIRE SERVICE City Vehicle Maint Svcs:Bldg Safety 73.21 City Vehicle Maint Svcs:City Mgr 50.34 City Vehicle Maint Svcs:TCSD 43.75 City Vehicle Maint Svcs:TCSD 123.24 City Vehicle Maint Svcs:Cty Hall pool veh 352.31 642.85 134544 10/15/2009 005656 PAPA PAPA sem anaheim, ca 12/2 M.Wiechec 70.00 70.00 134545 10/15/2009 013201 P S WINDMILL TOURS mpsc excursion 10/21/09 480.00 480.00 134546 10/15/2009 012833 PC MALL GOV, INC. Computer supplies:info systems 3,182.75 DVD /CD duplicator:info systems 1,136.42 4,319.17 134547 10/15/2009 011439 PELTZER FARMS INC excursion /Family Fun Night 10/9/09 2,655.00 2,655.00 134548 10/15/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 169.04 169.04 PROGRAM 134549 10/15/2009 002498 PETRA GEOTECHNICAL INC Jul geotech srvcs:DePortola pave rehab 8,515.00 8,515.00 134550 10/15/2009 000249 PETTY CASH Petty Cash Reimbursement 173.67 173.67 134551 10/15/2009 010338 POOL ELECTRICAL PRODUCTS pool supplies/chemicals: crc tes pools 374.69 374.69 INC 134552 10/15/2009 002654 RANCHO FORD LINCOLN City veh. parts misc supplies:Fire 30.49 30.49 MERCURY 134553 10/15/2009 000907 RANCHO TEMECULA CAR WASH Sep City veh. detailing srvcs:var. depts 147.00 147.00 PageS apChkLst Final Check List Page: 6 10/15/2009 11:09:02AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134554 10/15/2009 004584 REGENCY LIGHTING Misc electrical supplies:city hall 35.76 Misc electrical supplies:city hall 83.26 Misc electrical supplies:var park sites 62.68 181.70 134555 10/15/2009 002110 RENTAL SERVICE Equip rental:Paloma del Sol Park 448.59 448.59 CORPORATION 134556 10/15/2009 000352 RIVERSIDE CO ASSESSOR Aug -Sept assessor maps: B &S dept. 9.00 9.00 134557 10/15/2009 000268 RIVERSIDE CO HABITAT Sept '09 K -Rat payment 250.00 250.00 134558 10/15/2009 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 504.00 TCSD Instructor Earnings 924.00 TCSD Instructor Earnings 731.50 2,159.50 134559 10/15/2009 009196 SACRAMENTO THEATRICAL Misc lighting supplies:theater 205.40 205.40 LIGHTING 134560 10/15/2009 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 134561 10/15/2009 009980 SANBORN, GWYN Country the Merc 10/3/09 166.50 166.50 134562 10/15/2009 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 924.00 924.00 134563 10/15/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment 458.80 458.80 134564 10/15/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment 200.00 200.00 134565 10/15/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment 100.00 100.00 134566 10/15/2009 009213 SHERRY BERRY MUSIC Jazz the Merc 10/1/09 210.00 210.00 134567 10/15/2009 004814 SIMON WONG ENGINEERING INC Aug Eng Srvcs:Main St Bridge 2,746.62 2,746.62 Page:6 apChkLst Final Check List Page: 7 10/15/2009 11:09:02AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description Amount Paid Check Total 134568 10/15/2009 000537 SO CALIF EDISON oct:2- 30- 608 -9384 harveston dr hp 505.98 sept:2- 20- 798 -3248 C. Museum 2,220.03 sept:2 -01- 202 -7330 various mtrs 75,149.56 sept:2 -01- 202 -7603 arterial st lights 27,280.79 sept:2 -10- 331 -2153 TCC 2,376.43 sept:2- 30- 066 -2889 Rancho Vista PED 19.23 sept:2- 02- 351 -5281 CRC 9,095.67 sept:2 -05- 791 -8807 various mtrs 9,645.13 126,292.82 134569 10/15/2009 013204 ST.NICHOLAS GREEK refund:sec dep:crc mp room 400.00 400.00 134570 10/15/2009 000293 STADIUM PIZZA INC Rfrshmnts:swine flu presentation 10/7 113.67 113.67 134571 10/15/2009 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 205.80 205.80 134572 10/15/2009 007698 SWANK MOTIONS PICTURES, "Cars" rental:Movies in Old Town 271.00 271.00 INC. 134573 10/15/2009 011667 T T JANITORIAL INC Sep janitorial srvcs:City facilities 7,073.83 7,073.83 134574 10/15/2009 000305 TARGET BANK BUS CARD SRN/CS recreation supplies:childrens museum 29.26 29.26 134575 10/15/2009 009500 TEMEC ELECTRONICS, INC Misc tools equipment: PW Traffic 101.95 101.95 134576 10/15/2009 009194 TEMECULA VALLEY NEWS Sept advertising:Theater 286.40 Village lifestyle advertising:Theater 1,000.00 1,286.40 134577 10/15/2009 004274 TEMECULA VALLEY SECURITY locksmith srvcs: library /parks 68.51 68.51 CENTR 134578 10/15/2009 012868 THIRD ALARM FIRE EQUIPMENT Triage equipment: TCC 996.14 996.14 CO 134579 10/15/2009 010276 TIME WARNER CABLE oct:high speed internet 241.67 sep: high speed internet location 134.85 376.52 134580 10/15/2009 013203 TONE, SAUNDRA K. refund:sec dep:picnic shelter 150.00 150.00 134581 10/15/2009 013070 TOOLS PLUS INC Power Tools: Stn 73 595.50 595.50 134582 10/15/2009 003031 TRAFFIC CONTROL SERVICE INC Misc traffic control supplies:pw maint 1,927.71 1,927.71 Page:7 apChkLst Final Check List 10/15/2009 11:09:02AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134583 10/15/2009 004145 TW TELECOM 134584 10/15/2009 005460 U S BANK 134585 10/15/2009 000325 UNITED WAY 134586 10/15/2009 004261 VERIZON 134588 10/15/2009 012292 VIAMEDIA INC 134589 10/15/2009 009101 VISION ONE INC 134590 10/15/2009 003730 WEST COAST ARBORISTS INC 134591 10/15/2009 002109 WHITE CAP INDUSTRIES INC 134592 10/15/2009 000230 WILLDAN FINANCIAL SERVICES 134593 10/15/2009 013006 WYMAN, ROBERT KURT 134594 10/15/2009 000348 ZIGLER, GAIL (Continued) Description sept:City phones general usage Trustee /Fiscal Agent Srvcs:Harveston Trustee /Fiscal Agent Srvcs:C.Hill Trustee /Fiscal Agent Srvcs:R.Ranch Trustee /Fiscal Agent Srvcs:W.Creek Trustee /Fiscal Agent Srvcs:Harveston Trustee /Fiscal Agent Srvcs:J.Warner Rd United Way Charities Payment sept:xxx -5180 79S Irrg Cntr sept:xxx -1341 Theater sept:xxx -3910 1st St Irrigation sept:xxx -1941 PTA CD TTACSD sept:xxx -8900 GIS Library sept: xxx -6400 general usage sept: xxx -4200 general usage sept:xxx -7530 GIS Library sept:xxx -1540 Old Town Prk Lot sept:xxx -6620 general usage 134587 10/15/2009 004848 VERIZON SELECT SERVICES INC Sept: long distance phone svcs Broadcasting ads:Hot Summer Nights Sept showare ticketing srvcs:theater remove tree: Martinique landscape maint: calle aragon park Misc supplies:PW Maint Misc supplies:Fire Prev Oct-Dec '09 assessment eng:tcsd TCSD Instructor Earnings reimb:college fair event 9/26/09 Amount Paid 5,693.24 3,000.00 5,150.00 1,850.00 4,325.00 3,150.00 1,170.00 36.00 38.51 438.77 77.51 71.85 820.29 1,508.02 843.53 425.95 88.07 34.35 27.40 1,743.75 1,053.60 144.00 880.00 38.58 25.24 5,753.33 163.80 546.52 Page: 8 Check Total reimb:gift cards /team pace event 11/3 400.00 946.52 Page:8 5,693.24 18,645.00 36.00 4,346.85 27.40 1,743.75 1,053.60 1,024.00 63.82 5,753.33 163.80 apChkLst Final Check List Page: 9 10/15/2009 11:09:02AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 134595 10/15/2009 003776 ZOLL MEDICAL CORPORATION em erg. medical supp: Medics 313.88 emerg. medical supp: Medics 305.48 emerg. medical supp: Medics 1,469.01 emerg. medical supp: Medics 394.96 Grand total for UNION BANK OF CALIFORNIA: Amount Paid Check Total 2,483.33 633,753.39 Page9 apChkLst Final Check List Page: 10 10/15/2009 11:09:02AM CITY OF TEMECULA FUNDS: 116 checks in this report. Grand Total All Checks. 001 GENERAL FUND 165 RDA LOW /MOD -20% SET ASIDE 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL "C LANDSCAPE /SLOPE 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MA IN T. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPRf7JEMENT PROJECTS FUND 280 REDEVELOPMENT AGENCY CIP PROJECT 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 375 SUMMER YOUTH EMPLOYMENT PROGRAM 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD03 -3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 477 CFD RORIPAUGH 10/15/2009 TOTAL CHECK RUN: 182,762.07 7,801.79 150,174.54 75,270.94 64,100.29 1,141.63 2,362.38 4,020.20 72,002.84 4,709.82 1,893.99 39,594.16 2,553.61 5,140.05 1,580.08 3,000.00 5,150.00 1,170.00 4,325.00 3,150.00 1,850.00 633,753.39 633, 753.39 Pagel 0 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: November 10, 2009 SUBJECT: City Treasurer's Report as of September 30, 2009 PREPARED BY: Rudy Graciano, Revenue Manager Approvals City Attorney Director of Finance City Manager Sief Paz, 42, RECOMMENDATION: Approve and file the City Treasurer's Report as of September 30, 2009. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of September 30, 2009. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of September 30, 2009 CUSIP Run Date: 10/2812009 1 6:24 Subtotal and Average 873,983.53 City of Temecula, California Portfolio Management Portfolio Details Investments September 30, 2009 Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date 873,983.53 5.600 5.678 335 Managed Pool Accounts 1 2221 6003 -2 CITY COP RE2 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.986 1.000 1 104348008 -1 01 -2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006 -4 01 -2 RESA2 First American Treasury 441,607.99 441,607.99 441,607.99 0.000 0.000 1 104348016 -3 01 -2 RESB2 First American Treasury 203,290.10 203,290.10 203,290.10 0.000 0.000 1 104348000 -4 01 -2 SPTAX2 First American Treasury 152,821.37 152,821.37 152,821.37 0.000 0.000 1 94669911 -2 03 -1 ACQA2 First American Treasury 4,272.65 4,272.65 4,272.65 0.000 0.000 1 94669921-3 03 -1 ACQB3 First American Treasury 15,113.21 15,113.21 15,113.21 0.000 0.000 1 94669902-3 03 -1 BON D3 First American Treasury 07101!2009 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03 -1 RES A3 First American Treasury 866,294.73 866,294.73 866,294.73 0.000 0.000 1 94669916 -2 03 -1 RES B2 First American Treasury 223,566.93 223,566.93 223,566.93 0.000 0.000 1 94669900 -4 03 -1 SPTAX1 First American Treasury 308,426.74 308,426.74 308,426.74 0.000 0.000 1 793593011 -2 03 -2 ACQ 2 First American Treasury 73,747.57 73,747.57 73,747.57 0.000 0.000 1 793593009 -2 03 -2 EMW D 2 First American Treasury 4,229.47 4,229.47 4,229.47 0.000 0.000 1 793593007 -2 03 -2 IMP 2 First American Treasury 4,384.86 4,384.86 4,384.86 0.000 0.000 1 793593016 -4 03 -2 LOC 2 First American Treasury 2,841,523.06 2,841,523.06 2,841,523.06 0.000 0.000 1 793593010 -2 03 -2 PWADM2 First American Treasury 2,961.04 2,961.04 2,961.04 0.000 0.000 1 793593006 -2 03 -2 RES 2 First American Treasury 367.56 367.56 367.56 0.000 0.000 1 793593000 -3 03 -2 SPTX2 First American Treasury 130,068.54 130,068.54 130,068.54 0.000 0.000 1 744727011 -2 03 -3 ACQ2 First American Treasury 18,611.36 18,611.36 18,611.36 0.000 0.000 1 744727002 -2 03 -3 BOND 2 First American Treasury 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 744727007 -2 03 -3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03 -3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006 -3 03 -3 RES3 First American Treasury 2,178,102.75 2,178,102.75 2,178,102.75 0.000 0.000 1 744727000 -4 03 -3 SP TX 4 First American Treasury 209,694.67 209,694.67 209,694.67 0.000 0.000 1 94686001 -2 03 -4 ADMIN2 First American Treasury 5,222.74 5,222.74 5,222.74 0.000 0.000 1 94686005 -1 03 -4 PREP1 First American Treasury 4,071.85 4,071.85 4,071.85 0.000 0.000 1 94686000 -1 03 -4 RED1 First American Treasury 2,349.99 2,349.99 2,349.99 0.000 0.000 1 94686006 -2 03 -4 RES2 First American Treasury 96,467.50 96,467.50 96,467.50 0.000 0.000 1 786776002 -2 03 -6 BON D2 First American Treasury 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 786776007 -2 03-6 IMP2 First American Treasury 1,402.18 1,402.18 1,402.18 0.000 0.000 1 786776006 -2 03 -6 RES2 First American Treasury 337,942.60 337,942.60 337,942.60 0.000 0.000 1 786776000 -3 03 -6 SP TX3 First American Treasury 49,351.36 49,351.36 49,351.36 0.000 0.000 1 95453510 -2 88 -12 BON D2 First American Treasury 1,390.73 1,390.73 1,390.73 0.000 0.000 1 95453518 -4 88 -12 GI4 First American Treasury 68,849.65 68,849.65 68,849.65 0.000 0.000 1 Certificates of Deposit Bank 95453518 -2 88 -12 GENIM2 USBANK 06/12/2007 873,983.53 873,983.53 873,983.53 5.600 5.600 5.678 335 09/01/2010 873,983.53 873,983.53 Page 2 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003 -4 CITY COP RE4 First American Treasury 122216008-3 CITY COPCIP2 First American Treasury 1 2221 600 0 -2 CITY COPLPF2 First American Treasury 94434160 -1 RDA 02 INT1 First American Treasury 94 43 41 61 -2 RDA 02 PRIN2 First American Treasury 107886008 -2 RDA 06 CIPA2 First American Treasury 107886001 RDA 06 PRIN First American Treasury 107886000 -2 RDA 06A INT2 First American Treasury 107886018 -3 RDA 06B CIP3 First American Treasury 107886010 -2 RDA 06B INT2 First American Treasury 107886016 -2 RDA 06B RES2 First American Treasury 107886030 -2 RDA 07 CAPI2 First American Treasury 107886027 -2 RDA 07 ESC2 First American Treasury 107886020 -2 RDA 07 INT2 First American Treasury 107886028 -2 RDA 07 PROJ2 First American Treasury 107886026 -2 RDA 07 RES2 First American Treasury 94432360 -2 TCSD COP INT First American Treasury 94432363 02001 Financial Security Assurance 793593011 -1 03 -2 -1 ACOUI CA Local Agency Investment Fun 793593009 -1 03 -2 -1 EMWD CA Local Agency Investment Fun 793593007 -1 03 -2 -1 IMPRO CA Local Agency Investment Fun 793593010 -1 03 -2 -1 PW AD CA Local Agency Investment Fun 793593006 -3 03 -2 -3 RESER CA Local Agency Investment Fun 122216008 CITY COP CIP CA Local Agency Investment Fun 1 2221 6003 -1 CITY COP RE1 CA Local Agency Investment Fun 107886008 -1 RDA 06 CIP -1 CA Local Agency Investment Fun 107886018 -2 RDA 06 CIP -2 CA Local Agency Investment Fun 107886030 -1 RDA 07 CAP -1 CA Local Agency Investment Fun 107886027 -1 RDA 07 ESC -1 CA Local Agency Investment Fun 107886028 -1 RDA 07 PRO -1 CA Local Agency Investment Fun 107886026 -1 RDA 07 RES -1 CA Local Agency Investment Fun 107886006 RDA 06 RES A MBIA Surety Bond 94434166 RDA TABS RES MBIA Surety Bond Run Date: 10/28/2009 1 6:24 Subtotal and Average 71,840,793.58 Letter of Credit 104348006 02008 ASSURANCE CO BOND INSURANCE 07/01/2009 Subtotal and Average City of Temecula, California Portfolio Management Portfolio Details Investments September 30, 2009 0.00 0.00 0.00 0.000 0.000 1 07/01;2009 1,636.99 1,636.99 1,636.99 0.000 0.000 1 37.11 37.11 37.11 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 738.41 738.41 738.41 0.000 0.000 1 07/27/2009 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 6,824.93 6,824.93 6,824.93 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 202,115.10 202,115.10 202,115.10 0.000 0.000 1 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 218,256.29 218,256.29 218,256.29 0.000 0.000 1 91.46 91.46 91.46 0.000 0.000 1 07/01/2009 385,345.00 385,345.00 385,345.00 0.000 0.000 1 07/01/2009 1.00 1.00 1.00 0.000 0.000 1 28,994,484.17 28,994,484.17 28,994,484.17 0.750 0.740 0.750 1 1,551,235.20 1,551,235.20 1,551,235.20 0.750 0.740 0.750 1 798,503.57 798,503.57 798,503.57 0.750 0.740 0.750 1 470,963.15 470,963.15 470,963.15 0.750 0.740 0.750 1 3,580,949.28 3,580,949.28 3,580,949.28 0.750 0.740 0.750 1 15,150,076.30 15,150,076.30 15,150,076.30 0.750 0.740 0.750 1 816,468.07 816,468.07 816,468.07 0.750 0.740 0.750 1 751,000.00 751,000.00 751,000.00 0.750 0.740 0.750 1 3,044,156.22 3,044,156.22 3,044,156.22 0.750 0.740 0.750 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 3,561,600.04 3,561,600.04 3,561,600.04 0.750 0.740 0.750 1 1,113,249.42 1,113,249.42 1,113,249.42 0.750 0.740 0.750 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 68, 893,867.91 68,893,867.91 68,893,867.91 1.00 1.00 1.00 1.00 1.00 0.642 0.651 1 0.000 0.000 1 0.000 0.000 1 Page 3 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Federal Agency Bullet Securities 31331XMQ2 31331YG46 Run Date: 10/28/2009 16:24 City of Temecula, California Portfolio Management Portfolio Details Investments September 30, 2009 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 94669911 -1 03 -1 ACQ A2 CA Local Agency Investment Fun 1,507,726.17 1,507,726.17 1,507,726.17 0.750 0.740 0.750 1 94669921 -1 03 -1 ACQ B2 CA Local Agency Investment Fun 3,855,470.39 3,855,470.39 3,855,470.39 0.750 0.740 0.750 1 744727011 -1 03 -3 ACQ 2 CA Local Agency Investment Fun 1,272,208.21 1272,208.21 1,272,208.21 0.750 0.740 0.750 1 744727007 -1 03 -3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.000 0.000 1 786776007 -1 03 -6 IMP 1 CA Local Agency Investment Fun 156,347.58 156,347.58 156,347.58 0.750 0.740 0.750 1 SYSCITY CITY CA Local Agency Investment Fun 13,737,260.79 13,758,699.31 13,737,260.79 0.750 0.740 0.750 1 SYSRDA RDA CA Local Agency Investment Fun 28,064,614.55 28,108,412.50 28,064,614.55 0.750 0.740 0.750 1 SYSTCSD TCSD CA Local Agency Investment Fun 14,033,404.75 14,055,305.44 14,033,404.75 0.750 0.740 0.750 1 Subtotal and Average 66,627,032.44 62,627,032.44 62,714,169.60 62,627,032.44 0.740 0.750 1 Federal Agency Callable Securities 31331YTS9 01087 Federal Farm Credit Bank 02/14/2008 2,000,000.00 2,024,380.00 2,000,000.00 3.750 3.699 3.750 1,229 02/11/2013 31331Y3E8 01103 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,010,310.00 1,000,000.00 3.950 3.896 3.950 652 07/15/2011 3133XRSM3 01102 Federal Home Loan Bank 07/23/2008 1,000,000.00 1,029,060.00 1,000,000.00 4.050 3.995 4.050 844 01/23/2012 3133XRVA5 01109 Federal Horne Loan Bank 07/30/2008 1,000,000.00 1,030,000.00 1,000,000.00 4.220 4.162 4.220 1,033 07/30/2012 3133XRWE6 01110 Federal Home Loan Bank 08/12/2008 1,000,000.00 1,014,380.00 1,000,000.00 4.125 4.068 4.125 680 08/12/2011 3133XRXX3 01116 Federal Horne Loan Bank 08/20/2008 1,000,000.00 1,029,380.00 1,000,000.00 4.070 4.014 4.070 1,054 08/20/2012 3133XUAE3 01131 Federal Home Loan Bank 07/27/2009 1,000,000.00 1,003,440.00 1,000,000.00 2.000 1.973 2.000 1,030 07/27/2012 3133XUBX0 01133 Federal Horne Loan Bank 07/30/2009 1,000,000.00 1,006,250.00 1,000,000.00 2.375 2.342 2.375 1,217 01/30/2013 3133XUGS6 01136 Federal Home Loan Bank 08/26/2009 1,000,000.00 1,010,940.00 1,000,000.00 2.500 2.466 2.500 1,244 02/26/2013 3133XUKAO 01138 Federal Horne Loan Bank 08/26/2009 1,000,000.00 1,010,310.00 1,000,000.00 2.580 2.545 2.580 148 02/26/2010 3133XUNQ2 01141 Federal Home Loan Bank 09/15/2009 1,000,000.00 1,005,000.00 1,000,000.00 1.700 1.677 1.700 896 03/15/2012 3128X8R46 01128 Federal Horne Loan Mtg Corp 06/25/2009 2,000,000.00 2,032,700.00 2,000,000.00 3.000 2.959 3.000 1,363 06/25/2013 3128X8S52 01129 Federal Home Loan Mtg Corp 06/29/2009 1,000,000.00 1,011,510.00 1,000,000.00 2.450 2.416 2.450 1,002 06/29/2012 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,131,880.00 2,000,000.00 4.000 3.945 4.000 1,257 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,067,190.00 1,000,000.00 4.000 3.945 4.000 1,273 03/27/2013 3136FHRX5 01126 Federal National Mtg Assn 05/21/2009 1,000,000.00 1,004,690.00 1,000,000.00 2.125 2.096 2.125 1,693 05/21/2014 3136FHXF7 01127 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,004,690.00 1,000,000.00 2.000 1.973 2.000 1,166 12/10/2012 3136FHY66 01132 Federal National Mtg Assn 08/03/2009 1,000,000.00 1,007,810.00 1,000,000.00 2.000 1.973 2.000 1,037 08/03/2012 31398AYN6 01134 Federal National Mtg Assn 07/28/2009 1,000,000.00 1,010,000.00 1,000,000.00 3.000 2.959 3.000 1,761 07/28/2014 3136FJAD3 01140 Federal National Mtg Assn 09/03/2009 1,000,000.00 1,004,380.00 1,000,000.00 2.200 2.170 2.200 1,159 12/03/2012 31398AZD7 01142 Federal National Mtg Assn 09/21/2009 1,000,000.00 1,000,630.00 1,000,000.00 2.170 2.140 2.170 1,267 03/21/2013 3136FJFD8 01143 Federal National Mtg Assn 09/28/2009 1,000,000.00 1,000,310.00 1,000,000.00 2.050 2.022 2.050 1,184 12/28/2012 Subtotal and Average 23,900,000.00 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,030,000.00 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 2,053,120.00 25,000,000.00 25,449,240.00 25,000,000.00 2.961 3.003 1,122 1,000,000.00 5.000 1,993,700.00 2.630 4.934 5.002 2.703 2.740 Page 4 237 05/26/2010 567 04/21/2011 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Federal Agency Bullet Securities 31331Y3 P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,045,940.00 31331Y3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,045,000.00 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 998,750.00 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,003,750.00 3133XRRU6 01101 Federal Horne Loan Bank 07/03/2008 1,000,000.00 1,047,500.00 3133XSWM6 01124 Federal Horne Loan Bank 01/23/2009 1,000,000.00 1,020,000.00 3133XTN85 01125 Federal Home Loan Bank 05/07/2009 1,000,000.00 1,010,000.00 3133XTXC5 01130 Federal Home Loan Bank 06/11/2009 1,000,000.00 1,020,000.00 31398AYM8 01139 Federal National Mfg Assn 08/10/2009 1,000,000.00 1,004,690.00 Investment Contracts 95453518 -1 88 -12 GEN IM 95453516 -1 88 -12 RES 2 Run Date: 10/2812009 16:24 City of Temecula, California Portfolio Management Portfolio Details Investments September 30, 2009 Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 11,978,160.00 12,000,000.00 12,278,750.00 IXIS Funding Corp IXIS Funding Corp Subtotal and Average 2,031,46836 Total and Average 188,565,304.43 07/24/1998 07/24/1998 500,000.00 1,531,468.76 500,000.00 1,531,468.76 2,031,468.76 2,031,468.76 171,426,353.64 172,241,480.80 998,140.00 3.500 3.514 3.563 732 10/03/2011 999,000.00 3.625 3.610 3.661 652 07/15/2011 997,500.00 2.250 2.284 2.316 1,397 07/29/2013 1,000,000.00 2.150 2.121 2.150 1,222 02/04/2013 998,570.00 3.625 3.626 3.676 638 07/01/2011 1,000,000.00 2.100 2.071 2.100 844 01/23/2012 1,000,000.00 1.500 1.479 1.500 767 11/07/2011 1,000,000.00 2.250 2.219 2.250 984 06/11/2012 991,250.00 1.750 2.024 2.052 1,044 08/10/2012 11,978,160.00 2374 2.813 804 500,000.00 5.430 5.509 5.585 2,892 09/01/2017 1,531,468.76 5.430 5.509 5.585 2,892 09/01/2017 2,031,46836 5.509 5.585 2,892 171,404,513.64 1.248 1.265 257 Page 5 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Run Date: 10/2812009 16:24 Average Balance 0.00 Total Cash and Investments 188,565,304.43 City of Temecula, California Portfolio Management Portfolio Details Cash September 30, 2009 Average Purchase Stated YTM YTM Days to Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSAAA #1202 AAA #1202 COMMUNITY BANK 07/01/2009 934,746.72 934,746.72 934,746.72 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2009 806,723.24 806,723.24 806,723.24 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2009 1,180,491.19 1,180,491.19 1,180,491.19 0.000 0.000 1 Passbook /Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2009 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2009 30,869.82 30,869.82 30,869.82 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 4,168,693.73 4,168,693.73 4,168,693.73 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2009 9,353.92 9,353.92 9,353.92 0.000 0.000 1 178,560,042.26 179,375,169A2 178, 538, 202.26 1.248 1.265 257 Page 6 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Cash and Investments Report CITY OF TEMECULA Through September 30, 2009 Fund Total 001 GENERAL FUND $49,005,305.60 100 STATE GAS TAX FUND $0.39 101 STATE TRANSPORTATION FUND 1,456,789.33 120 DEVELOPMENT IMPACT FUND 5,368,940.62 140 COMMUNITY DEV BLOCK GRANT 245,664.75 150 AB 2766 FUND 426,525.03 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 6,822,513.07 170 MEASURE A FUND 8,529,456.86 190 TEMECULA COMMUNITY SERVICES DISTRICT 766,655.96 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 3,338.36 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 427,081.60 194 TCSD SERVICE LEVEL "D" 257,534.80 195 TCSD SERVICE LEVEL "R" STREET /ROAD 37,548.39 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 181,213.17 197 TEMECULA LIBRARY FUND 1,396,364.48 210 CAPITAL IMPROVEMENT PROJECT FUND 32,829,366.70 273 CFD 03 -1 CROWNE HILL IMPROVEMENT FUND 5,382,582.42 275 CFD 03 -3 WOLF CREEK IMPROVEMENT FUND 1,290,819.57 276 CFD 03 -6 HARVESTON 2 IMPROVEMENT FUND 157,749.76 277 CFD RORIPAUGH 31,426,584.84 280 REDEVELOPMENT AGENCY CIP PROJECT 5,835,091.44 300 INSURANCE FUND 821,498.43 310 VEHICLES FUND 779,690.69 320 INFORMATION SYSTEMS 329,279.23 330 SUPPORT SERVICES 261,606.65 340 FACILITIES 55,653.14 370 CITY 2008 COP'S DEBT SERVICE 851,462.46 375 SUMMER YOUTH EMPLOYMENT PROGRAM 1,248.19 380 RDA DEBT SERVICE FUND 7,065,536.65 390 TCSD 2001 COP'S DEBT SERVICE 401,354.22 460 CFD 88 -12 DEBT SERVICE FUND 3,635,168.50 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 823,646.35 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 1,418,941.53 474 AD 03 -4 JOHN WARNER ROAD DEBT SERVICE 114,967.63 475 CFD 03 -3 WOLF CREEK DEBT SERVICE FUND 2,698,383.53 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 406,906.28 477 CFD 03 -02 RORIPAUGH DEBT SERVICE FUND 7,860,069.50 700 CERBT CALIFORNIA EE RETIREE- GASB45 2,629.30 Grand Total: $179,375,169.42 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Andre O'Harra, Chief of Police DATE: November 10, 2009 SUBJECT: Edward Byrne Memorial Justice Assistance Grant Funding Approvals City Attorney Director of Finance City Manager Sief Paz, 42, PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Increase estimated General Fund Grant Revenue by $29,032. 2. Appropriate $29,032 from General Fund Grant Revenue to the Police Department. BACKGROUND: On September 8, 2009, the City Council approved the grant application for the 2009 Justice Assistance Grant (JAG). This grant allows local governments to support a broad range of activities to prevent and control crime. On September 17, 2009, the City received notification that the Office of Justice Assistance had approved the grant application and awarded the City the grant in the amount of $29,032. The 2009 JAG grant provides funds to increase enforcement efforts targeting specific juvenile and school related criminal and safety issues. These funds will be used to purchase educational materials as well as training supplies. It will also fund overtime for School Resource Officers (SROs) and patrol Officers to conduct high visibility truancy sweeps through the City of Temecula. Funds will also be used to train 50 Officers and supervisors to effectively respond to high risk calls for service on school campuses. On September 22, 2009, City Council appropriated funds for an additional Justice Assistance Grant utilizing Recovery Act funds. The Recovery Act Grant was awarded on July 30, 2009, and is for $119,338. The grant will cover the City of Temecula's costs for a Southwest County Youth Court. FISCAL IMPACT: General Fund grant revenues will be increased by $29,032 and will offset the appropriation of $28,004 in the Police Department budget for JAG Overtime and, $1,028 for JAG Small Tools and Equipment. Item No. 6 PREPARED BY: Judith M. McNabb, Administrative Assistant Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: November 10, 2009 SUBJECT: Community Service Funding Program for Fiscal Year 2009 -10 RECOMMENDATION: That the City Council review and approve the fiscal year 2009 -10 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $50,500 to 21 organizations. BACKGROUND: Community Service Funding Program applications were mailed to approximately 100 non profit organizations in the Temecula Valley area. Applications were sent to community -based organizations that were in the City's database from the last distribution period, as well as those organizations that called or stopped by City Hall requesting an application. In addition to the mailing, advertisements were placed in the local newspapers, and the application and guidelines were posted on the City's website. A total of 43 organizations submitted applications requesting $201,173 in grant funding. The Ad Hoc Subcommittee, along with Staff Members, reviewed the requests for funding based on criteria previously adopted by the entire City Council. After review and discussion, the Ad Hoc Subcommittee recommends 21 of the 43 organizations receive grants as outlined on the attached spreadsheet, totaling $50,500. The City Council appointed Mayor Maryann Edwards and Council Member Mike Naggarto the fiscal year 2009 -10 Community Service Funding Ad Hoc Subcommittee to allocate grant funds to non- profit organizations that provide community services to the citizens of Temecula. FISCAL IMPACT: Adequate funds are available in the fiscal year 2009 -10 Community Service Funding line item budget to fund these grants. ATTACHMENTS: FY 2009 -10 Community Service Funding Program Ad Hoc Subcommittee Recommendation Spreadsheet APPL NO. NAME OF ORGANIZATION PROJECT 2008 -09 Award 2009 -10 REQUEST Ad Hoc subcommittee Recommendation com ments 1 AMERICAN CANCER SOCIETY, INC. e ay or i e in emecu a overnig fundraising event that will mobilize Temecula to celebrate cancer survivors, remember those who battled cancer, and fight back against the disease 5,000 2 AMERICAN NATIONAL RED CROSS (RIVERSIDE COUNTY CHAPTER) Disaster Reponses and Preparedness Provide disaster relief financial assistance to victims of disasters in and around Temecula 5,000 3 ANGELS AT HEART Angels at Work provide basic services to individuals battling cancer in Temecula Valley 5,000 1,000 4 ARTS COUNCIL OF TEMECULA VALLEY Temecula Valley Showcase and Mentor Workshop will sponsor this workshop which provides an outlet for talented youth and demonstrate their talent 5,000 5 ASSISTANT LEAGUE OF TEMECULA VALLEY Building Maintenance continued repairs on air conditioning and heating units, roof leaks, electrical and plumbing problems 2,500 5,000 2,500 6 ASSISTANT LEAGUE OF TEMECULA VALLEY Temecula Murrieta Interagency Council This Council meets to discuss enhancement of disseminating information among agencies as to support the City and TVUSD. If funded will be used to provide support for Council's new website and for the cost of bi- monthly meetings 1,080 Binky Patrol 200 7 BIRTH CHOICE OF TEMECULA, INC. Pregnancy Resource Services brochures, material, and supplies relating to pregnancy, abstinence, STD education, and newborns 5,000 5,000 BOYS GIRLS CLUB OF SOUTHWEST COUNTY Power Hour and Project Learn After School Program goal is to enable young people to become high achieving students 1,000 5,000 1 ,000 CITY OF TEMECULA FY 2009 Community Service Funding Program AD HOC SUBCOMMITTEE RECOMMENDATIONS 1 APPL N NAME OF ORGANIZATION illi PROJECT 2008 -09 A ward 2009 -10 REQUEST Ad Hoc SubCommittee Recommon Com ments 9 BOY SCOUTS OF AMERICA, TROOP 384 Purchase of hand tools and safety equipment needed to provide outdoor training and conservation projects 2,819 10 BUTTERFIELD STAGE PLAYERS (Temecula Valley Players) Temecula Youth Mentoring Experience (TYME) create this program that works with Temecula schools and youth programs to teach youth the steps and skills to produce a show 5,000 Camp Del Corazon 2,500 11 CASA (Court Appointed Special Advocates) for Riverside County, Inc. Recruitment and training of new community volunteers 5,000 1 ,000 12 CHAPARRAL HIGH SCHOOL EDUCATION FOUNDATION CHS Grad Nite 2010 Grad Nite Celebration 1,000 5,000 1,000 13 CHRISTIAN COMMUNITY THEATRE (Christian Youth Theater) Purchase and refurbishment of sound equipment used for season productions and musicals 5,000 14 CITIZEN'S SCHOLARSHIP FOUNDATION Senior Awards provide scholarships for graduating high school seniors who have met the academic requirements 5,000 3,000 15 EMPTY CRADLE Materials, information, and supplies for the bereavement packets provides to the families who experience infant loss 1,000 5,000 1,000 16 FINE ARTS NETWORK Marketing the Arts promote local productions and performer and provide professional quality productions 5,000 17 GOD'S FAN CLUB (Project Touch) Homeless Outreach and Police Reponses provide services and resources to the homeless 2,500 5,000 2,500 18 GOLDEN VALLEY MUSIC SOCIETY, INC. Family and Music Experience (FAME) educational outreach 4,775 19 GREAT OAK ACADEMIC LEADERSHIP SOCIETY Great Oak High School Grad Nite Celebration 2010 1,000 5,000 1,000 2 APPL N NAME OF ORGANIZATION PROJECT 2008 -09 A ward 2009 -10 REQUEST Ad Hoc SubCommittee Recommon Comments 20 HARVESTOR'S GROUP Project "Hand -Up" funds would be applied toward the purchase work -in refrigeration to continue services in providing food boxes to families 5,000 21 HAVENS FOR THE ARTS, INC. Shakespeare in the Vines 5,000 22 HEALTHY MANAGEMENT DIABETES EDUCATION Diabetes Management Outreach Program support group sessions to affected, underinsured citizens, and provide information, screenings and resources for high -risk residents 5,000 23 HOSPICE OF THE VALLEYS Children's Grief Workshop provide education and care to children and families during and after loss 2,500 5,000 3,000 24 MUSIC HERITAGE, INC. Youth String Competition and Ensembles provide funding and sponsors for competition and ensemble 3,500 25 MUSICIANS WORKSHOP Building Better Futures for Temecula Youth through Performing Arts Music Education provide education scholarships 5,000 26 NEIGHBORHOOD HEALTHCARE Children's Healthcare provide medication and medical treatment for children in Temecula area whose parents cannot afford care and have no insurance 1,000 5,000 1 ,000 27 NEW VISION CHILDREN'S SERVICES New Vision Autism Center provide additional screenings for autism and Asperger's Syndrome research 5,000 5,000 28 OAK GROVE INSTITUTE FOUNDATION, INC. Performing and Literary Arts Program help to ease the transition following discharge (will prioritize Temecula students) 1,000 5,000 1,000 Our Nicolas Foundation, Inc. 1 ,000 29 RIVERSIDE AREA RAPE CRISIS Center Direct Service to Rape Victims Rape Awareness and Prevention provide crisis intervention, counseling, follow -up appointments, prevention programs, etc. 5,000 1 ,500 30 ROYAL FAMILY KIDS' CAMP Camp designed for children in the foster care, social services system 5,000 3 APPL NO. NAME OF ORGANIZATION PROJECT 2008 -09 Award 2009 -10 REQUEST Ad Hoc tion Recommendation Comments 31 SAN DIEGO BLOOD BANK d /b /a Valley Blood Services Donation Center support locally based community blood center 1,000 32 SANTA ROSA PLATEAU FOUNDATION Third Grade Outdoor Natural History Science Program provide a unique teaching environment 5,000 SCHOLARSHIP AMERICA, INC. (Citizens' Scholarship Foundation of Temecula Valley) Scholarship funds for Chaparral High School Seniors 1,000 SCHOLARSHIP AMERICA, INC. (Citizens' Scholarship Foundation of Temecula Valley) Scholarship funds for Great Oak High School Seniors 1,000 SCHOLARSHIP AMERICA, INC. (Citizens' Scholarship Foundation of Temecula Valley) Scholarship funds for Temecula Valley High School Seniors 1,000 33 SENIOR CITIZENS SERVICE CENTER OF THE TEMECULA RANCHO AREA, INC. Food Bank Provide food for 50,000 -15,00 low income clients 5,000 5,000 5,000 34 SPECIAL OLYMPICS OF SOUTHERN CALIFORNIA, INC. Sports training and competition programs for athletes with intellectual disabilities 5,000 1,000 35 STUDENT OF THE MONTH PROGRAM, INC. Student of the Month Program video production of the ten monthly lunches for 2009- 10 school year 3,000 3,000 36 TEAM EVANGELICAL ASSISTANCE MINISTRIES OF RANCHO TEMECULA- MURRIETA VALLEY Community Food Pantry funding will be used to pay the rent on the property leased from the City 5,000 5,000 5,000 TEMECULA UNITED METHODIST CHURCH Bread from Heaven Food Pantry 1,000 37 TEMECULA VALLEY PEOPLE HELPING PEOPLE Care to Share Program assist other organizations to raise money, gifts, toys, food, and other items for those in need for Thanksgiving and Christmas 5,000 5,000 38 VETERANS OF FOREIGN WARS POST 4089 Adopt a Unit /1st Recon BN Family Readiness provide food boxes and maternity baskets for needy families those deployed 1,000 5,000 1,000 4 APPL NO. NAME OF ORGANIZATION PROJECT i 2008 -09 Award 2009 -10 REQUEST Ad Hoc Recommendation tion comments 39 VISITING NURSE ASSOCIATION OF THE INLAND COUNTIES Charity Care Program charity care to those uninsured or underinsured 5,000 40 VNW CIRCLE OF CARE, INC. Holiday Spirit Program 2010 expenses toward providing food items, toys, and gifts for children 5,000 41 VOLUNTEER CENTER OF RIVERSIDE COUNTY 2 -1 -1 Call Center provides information and referral resources for social services 5,000 42 WOMEN'S BREAST CANCER RESOURCE CENTER (Michelle's Place) Breast Health Assistance Education Program provides education, information, services and awareness about breast health 5,000 43 YOUNG MARINES 1 emecula Valley Young Marines /Operation UVU ships DVD's CD's, video games, and books to deployed Marines 5,000 TOTAL 5 $32,200.00 201,173.95 50,500 Item No. 7 CITY OF TEMECULA AGENDA REPORT PREPARED BY: Stuart Fisk, Senior Planner Approvals City Attorney Director of Finance City Manager Sief Paz, 42, TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: November 10, 2009 SUBJECT: First Amendment to the Agreement for Consulting Services between the City of Temecula and Environmental Science Associates (ESA) for an Environmental Impact Report (EIR) for the Old Town Specific Plan Amendment RECOM MENDATION: That the City Council approve First Amendment to Agreement to increase the total agreement amount by $25,000 to address necessary additional traffic impact analysis items which were not within the scope of the initial agreement BACKGROUND: On March 25, 2008, staff received authorization from City Council to proceed with an amendment to the Old Town Specific Plan. On June 9, 2009, City Council approved an Agreement for Consulting Services with Environmental Science Associates (ESA) in the amount of $129,000.00 to prepare an EIR for the Old Town Specific Plan Amendment. ESA has completed a preliminary traffic impact analysis for the Old Town Specific Plan Amendment, and this analysis has revealed the need for consideration of additional circulation patterns, traffic modeling, pedestrian modeling, and mitigation measures to address the circulation needs for the Old Town area. Staff is requesting an amendment of the agreement to increase the total agreement by $25,000 for additional traffic impact analysis and Draft EIR preparation including analysis of revised trip distribution to include new roadway segments, revised volumes at all intersections for future conditions, revised trip generation to reflect the transit/pedestrian credit, inclusion of language and analysis regarding potential connections of Mercedes Street to Front Street, revised mitigation measures for future conditions, revised exhibits, and revisions to the Administrative Draft EIR transportation, air quality, noise, and cumulative impact analysis sections resulting from the revised traffic impact analysis. FISCAL IMPACT: Sufficient funds exist in the Fiscal Year 2009 -2010 in the Redevelopment Agency Fund (280) Operating budget Other Outside Services line item to cover the cost of the amendment to the agreement. ATTACHMENT: First Amendment to Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE OLD TOWN SPECIFIC PLAN AMENDMENT THIS FIRST AMENDMENT is made and entered into as of November 10, 2009 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City and Environmental Science Associates (ESA), a Corporation, (hereinafter referred to as "Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 9, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Consulting Services in the amount of $129,000. b. The parties now desire to increase the amount and amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Twenty -Five Thousand Dollars ($25,000) for additional Consulting Services for a total Agreement amount of One Hundred Fifty Four Thousand Dollars ($154,000)." 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: By: Maryann Edwards, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Environmental Science Associates, Inc. (Two Signatures if required by corporate papers) Environmental Science Associates, Inc Eric Ruby 9191 Towne Center Dr, Suite 340 San Diego, CA 92122 858 638 -0900 Phone Number 858 638 -0910 Fax 2 FSM Initials: Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 ES Community Fik Development October 13, 2009 Mr. Patrick Richardson Director of Planning and Redevelopment City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 9191 Towne Centre Drive Suite 340 San Diego, CA 92122 858.638.0900 phone 858.638.0910 fax Subject: Contract Amendment for Preparation of an Environmental Impact Report for the Old Town Specific Plan Amendment, Temecula, California Dear Patrick: Due to a variety of circumstances, ESA will require additional funds to bring the Old Town Specific Plan Amendment Environmental Impact Report (EIR) to completion, including drafting the Administrative Draft EIR and completing the Draft EIR for public circulation. ESA's initial cost estimate for developing the required CEQA documentation was based on assumptions that the level of effort would be comparable to the documentation developed for EIRs that we have prepared for similar projects. However, several unanticipated issues have arisen during preparation of the Administrative Draft EIR that were not included in our original scope of work, including: The transportation impact analysis needed revision and was more complicated than anticipated, which required additional coordination with City staff and the transportation subconsultant. As outlined in RK Engineering Group's October 2009 Revised Scope of Work: o Respond to Stuart Fisk's Comment (9- 15 -09). o Revise Distribution to Include New Roadway Segments. o Revise volumes at all intersections for future conditions. o Revise Traffix pathing for all cumulative zones to include new roadways. o Revise trip generation to reflect the transit /pedestrian credit. o Include language about the planned traffic circles in the future analyses. o Re -run Traffix for future conditions. o Mitigate future conditions. o Revise Report. o Revise Exhibits. o Obtain approval from the City's Engineering Department on mitigation, distribution and other traffic items prior to final submission. o Review report before submittal. o Present final version of the report in a meeting with representatives from ESA and the City of Temecula. o Analysis of two (2) traffic circles requested by City staff. o Revise Traffix pathing for all cumulative zones to include new roadways and traffic circles. o Present information about the proposed pedestrian activity throughout the network. www.esassoc.com ES Community f-lk Development Mr. Patrick Richardson October 13, 2009 Page 2 The following tasks /cost estimate (Table 1) outlines what we will need to complete the CEQA documentation process for the Environmental Impact Report for the Old Town Specific Plan Amendment project. The cost for this additional work is not to exceed $25,000. The total cost for the original ($129,000) and amended ($25,000) scopes of work now totals $154,000. Please review the enclosed contract amendment scope of work and if acceptable, authorize below and return to ESA. We look forward to providing continued professional environmental consulting services to the City of Temecula. Sincerely, Eric J, Ruby Vice President /Regional Director Overall project delays due to the complexity of the changes to the transportation impact analysis and coordination with the City staff have also required more time to be spent on project management/coordination. Overall project delays and additional meetings /project management /coordination resulting from the revised transportation impact analysis. The original Admin Draft EIR transportation, air quality, noise and cumulative impact analysis sections needed revision per the revised transportation impact analysis. a TABLE 1 CONTRACT AMENDMENT TASK COST Project Management Coordination $1,000 Draft EIR Preparation $4,300 Traffic Study (per revised scope of work from RK Engineering) $19,700 Total Contract Amendment Not to Exceed $25,000 Document reproduction costs are variable, but can be reduced if copies of all documents are provided by the applicant's reproduction supplier which eliminates ESA's standard mark up on printing expenses. Authorization to Begin Work City of Temecula Date Item No. 8 PREPARED BY: Amer Attar, Principal Engineer, CIP Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the City Council: Approvals City Attorney Director of Finance City Manager Sief Paz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: November 10, 2009 SUBJECT: Agreement for Consulting Services with David Evans and Associates, Inc. for the Butterfield Stage Road Extension Project, Project No. PW09 -02 1. Approve an Agreement for Consulting Services with David Evans and Associates, Inc. in an amount not to exceed $304,125.00 for design services to complete the improvement plans for the Butterfield Stage Road Extension Project, Project No. PW09 -02. 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $30,412.50, which is equal to 10% of the agreement amount. BACKGROUND: On May 13, 2008 the City Council approved Resolution 08 -40, which among other things, directed staff to initiate the actions necessary for the City to construct Priority Public Improvements conditioned upon the Roripaugh Ranch Development and eligible for funding with Roripaugh Ranch Community Facilities District (CFD) No. 03 -02 bond proceeds. The Priority Public Improvements include Butterfield Stage Road (BSR), Murrieta Hot Springs Road (MHSR), Calle Chapos and the public segment of South Loop Road. To properly program the bond proceeds, the Butterfield Stage Road Extension Project is included in the Capital Improvement Program Budget for FY 2010 -2014. In July 2009, the City (as the Temecula Public Financing Authority; TPFA) and the Developer of the Roripaugh Ranch project executed the Amended and Restated Acquisition Agreement, which in addition to authorizing the payment and settlement of all outstanding claims on the Roripaugh Ranch property, provided the necessary mechanism for the City to contract and fund the construction of the Priority Public Improvements with CFD bond proceeds rather than have to acquire completed improvements from the developer as originally contemplated. Due to the magnitude and complexity of the improvements and right -of -way needs, this project will be completed in two phases with the first phase to include: MHSR from roughly the intersection of Pourroy Rd. to BSR BSR from MHSR to Calle Chapos /South Loop Road Calle Chapos from BSR to Walcott Lane A 400' stretch of South Loop Road (extension of Calle Chapos) east of BSR. Phase 2 will complete BSR from Calle Chapos /South Loop Road to La Serena Road. The developer for the Roripaugh Ranch Development substantially completed the improvement plans associated with this project (i.e., streets, traffic signals, striping and signage, storm drain, and street light plans, and the Water Quality Management Plan for the roadway work). Prior to the downturn in the economy, some of the work shown on the plans (the onsite mass grading) was completed. A significant amount of time has passed since this work was performed; actual conditions in the field differ from that depicted as existing on improvement plans. Erosion and developer -made changes have degraded the roadway prism; therefore significant changes to the improvement plans must be made. David Evans and Associates (DEA) is the consultant that prepared the original plans. The City has negotiated an equitable and reasonable scope of work and associated fee to revise the improvement plans. The attached agreement for $304,125 includes final professional civil engineering design and surveying services in the amount of $291,125 and a $13,000 allowance for reimbursable expenses. FISCAL IMPACT: The Butterfield Stage Road Extension Project is a Capital Improvement Project funded with the Roripaugh Ranch CFD No. 03 -02 bond proceeds. Adequate funds are available in Project Account No. 210 -165- 723 -5802 for this $334,537.50 request, which includes the agreement amount of $304,125 plus a 10% contingency of $30,412.50. ATTACHMENTS: 1. Agreement for Consulting Services 2. Project Description 3. Project Location AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND DAVID EVANS AND ASSOCIATES, INC. BUTTERFIELD STAGE ROAD EXTENSION BELTWAY RORIPAUGH RANCH STREET IMPROVEMENTS PHASES 1 2, PW09 -02 THIS AGREEMENT is made and effective as of November 10, 2009, between the City of Temecula, a municipal corporation (hereinafter referred to as "City and David Evans and Associates, Inc., a Corporation (hereinafter referred to as "Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 10, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 10, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time 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. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: /www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT 1 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 A, 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 A, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Four Thousand One Hundred Twenty Five Dollars and No Cents ($304,125.00) unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. The City Manager may approve additional work up to ten percent (10 of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. d. 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. 6. 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. 7. 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. 2 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. 8. 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. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 9. INDEMNIFICATION a. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, District, and /or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District, or Agency officials, (collectively, "Indemnitees from any claim, demand, damage, liability, Toss, cost or expense (collectively, "claims including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City, District and /or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 3 b. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District, and /or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District or Agency officials, (collectively, "Indemnitees from any claim, demand, damage, liability, Toss, cost or expense (collectively, "claims including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City, District and /or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 10. 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. 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: a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 1) General Liability: One million ($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 ($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 ($1,000,000) per claim and in aggregate. c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall 4 procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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, its 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, its 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, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, 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, its 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 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 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. 11. 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 5 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. 12. 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. 13. 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. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. 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. 6 To City of Temecula: To Consultant: 15. ASSIGNMENT 16. LICENSES 17. GOVERNING LAW 18. PROHIBITED INTEREST City of Temecula Attn: City Manager P.O. Box 9033 Temecula, California 92589 -9033 -o r- City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, California 92590 David Evans and Associates, Inc. Attention: Jeffrey K. Rupp, Vice President 4200 Concours, Suite #200 Ontario, California 91764 (909) 481 -5750 (909) 481 -5757 Fax 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. 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. 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. No officer, or employee of the City of Temecula 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 has any interest, whether contractual, non contractual, financial or otherwise, in this transaction, 7 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. 19. 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. 20. 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. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: By: Maryann Edwards, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULANT David Evans and Associates, Inc. (Two Signatures if required by corporate papers) Jeffrey K. Rupp, Vice President Gabriel Rodriguez, Senior Associate David Evans and Associates, Inc. Attn: Jeffrey K. Rupp, PE 4200 Concours, Suite #200, Ontario, CA 91764 (909) 481 -5750 (909) 481 -5757 Fax jkr @deainc.com 9 FSM Initials: Date: EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: October 26, 2009 Ms. Mayra De La Torre Senior Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92589 -9033 4oF DAVID EVANS AND ASSOCIATES INC Subject: REVISED PROPOSAL TO PROVIDE CIVIL ENGINEERING AND SURVEY SERVICES FOR THE BUTTERFIELD STAGE ROAD EXTENSION BELTWAY PROJECT, TEMECULA, CA Dear Mayra, As a follow -up to our recent meetings we have revised our proposal and fees and on behalf of David Evans and Associates, Inc. (DEA), I am pleased to offer our revised proposal for civil engineering and surveying services on the subject project. We have included in our proposal our scope of services, a map delineating the area to be surveyed, the proposal dated August 29 from VA Consulting, a detailed breakdown of our fees and proposed hours, and a project schedule. It is our understanding that you would like to construct Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to Rancho California Road; Murrieta Hot Springs Road from the northerly City limits to BSR; and other adjoining street portions (Calle Chapos, South Loop Road) and the required underground utilities for the Fire Station. Below is a description of our project assumptions: Phasing We have revised our proposal from September 14 to show only two phases instead of three in order to save costs. The project will be prepared in two phases. Phase 1 will include BSR from MHSR to Calle Chapos /South Loop Road; MHSR from the northerly City limits to BSR; Calle Chapos from Walcott Lane to BSR; and South Loop Road from BSR to the easterly property line of the Fire Station. Phase 2 will include BSR from Calle Chapos to Rancho California Road. Environmental It is our understanding that the City has met with the three resource agencies including the Department of Fish and Game, Army Corps of Engineers, and Water Quality Control Board and they have cleared the City to proceed with the design and bidding process. Right of Way/ Mou's The developer is still responsible for the MOU obligations relative to easements and improvements adjacent to and along the project. The City will coordinate with the developer's representative on the easements and adjacent improvements and provide this information to DEA. We have already designed adjacent improvements. However, if different or additional improvements are negotiated through the MOU and additional or new designs are required this will require additional fees. We have not included fees for preparation of legal descriptions or plat maps, but can provide these services. Soils John Byerly and SID geotechnical are the geotechnical engineers of record. The developer is still responsible to hold the soils consultants accountable for their submission of soils reports, which will cover the embankments placed on BSR and MHSR. 4200 Concours, Suite 200 Ontario, California 91764 909.481.5750 fax 909.481.5757 October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 2 of 9 DEA will finalize the public improvement plans for both phases of the work and obtain approvals from the City, Riverside County Flood Control, and Riverside County Transportation. DEA will complete and obtain approvals for the public improvement plans including street improvements, traffic signing and striping plans, traffic signal plans, storm drain improvement plans, street lighting plans for SCE, and prepare a WQMP plan for proposed BMP's in the public R/W. In addition, DEA will survey and perform site review to field verify and show existing improvements and utilities. DEA will utilize two sub consultants which will include VA Engineering, and DMI. VA Engineering will prepare the traffic signal plans, the WQMP, and street improvements at the intersection of BSR and Rancho California Road. DMI will fly the site and provide a new aerial DTM survey. The current plans show the existing topography as it was in 2001. As discussed in our meeting we will survey and prepare a new topographic map. Since much of the site has been improved and been rough graded we will first prepare a new aerial topographic map and bring this in as the new background for our plans. This will provide us with an as -built plan and enable us to calculate precise earthwork quantities and show existing improvements. We will also verify which utilities have already been installed and show these as existing on the street improvement plans. We will also obtain additional field survey at join lines, utility inverts, "V" ditches, etc. so we can accurately adjust our plans and precisely tie into these facilities. This will enable us to prepare an accurate set of plans so the city can get competitive bids and minimize change orders during construction. Plans will be produced in Microstation Version J and both hard copies and digital files will be provided to the City. In addition, DEA will provide the City with a copy of Microstation Version J so the City has access and can edit the files. Plans are being produced in Microstation Version J due to the fact that the original plans were produced in this format. Once the plans have been completed and approved for both phases of the work, we will then modify some sheets of the plans at the phase join lines and break the plans into two bid package phases and provide the City with plans and estimate packages for each of the two phases. The city will prepare the bid package technical specifications and special provisions. SCOPE OF SERVICES DEA proposes to provide the City of Temecula with the scope of services listed below: PHASE A: IMPROVEMENT PLANS UPDATE TOPOGRAPHY AND UTILITY BASE SHEET PLAN UPDATE A.01 Project Kick -Off Meeting DEA will meet with the city and project team to confirm the scope of services, phasing, schedule, and budget. We will review the current plans and go through them in detail to discuss our approach and the proposed improvements. A.02 Prepare Aerial Topographic Survey The limits for the aerial mapping are described as that portion of Butterfield Road, terminating on the south by the centerline of Rancho California and on the north by Murrieta Hot Springs Road. The lateral limits will extend 300 feet on each side of the existing alignment. There are also three locations that have been identified that will be outside these limits, specifically one mile west CI DAVID EVANS ANDASSOCIATES October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 3 of 9 along Murrieta Hot Springs Road, at the intersection with Nichols Road and at the intersection with Calle Chapos Road. These areas will extend out to 900 feet or so at the intersection and 300 feet on each side of the noted centerlines. Horizontal and Vertical control will be established to support the aerial mapping, centerline surveys and topographic surveys. The survey control will be tied into the existing control that was originally set for this project. The aerial mapping will be prepared in conformance with National Map Accuracy Standards. Horizontal and Vertical aerial control panels will be set to meet aerial triangulation requirements. The mapping will be prepared to 1" 40' scale with 1 -foot contours and will be delivered in the client specified standards. If no standard is available, mapping will conform to DEA standards. 1 =40' scale and a 1 -foot contour interval and DTM to client specified standards. (AutoCAD or Microstation J) Prior to notice to proceed. Supplemental topographic surveys will be performed to verify the aerial mapping and to locate existing features and elevations needed for design. For the purposes of this proposal, 8 field crew survey hours (1 day) is included in this scope of services. The supplemental topographic survey data will be incorporated into the survey base map and will include those items collected during this task. Deliverables Aerial Map at a scale of 1" 40' with 1' C.I. and DTM. All work to be provided to client specified standard. A.03 Utility Research Gathering (TO BE PROVIDED BY THE CITY) The City of Temecula and DEA will request existing utility plans from utility purveyors for DEA's use in plotting utility information on the plan sheets. A.04 Utility Review (TO BE PROVIDED BY THE CITY) A City inspector or someone knowledgeable of the project construction will assist DEA by marking up the plans to delineate which utilities currently exist and which are proposed. A.05 Update Street and Storm Drain Plans wlnew topolutilities Utilizing the new aerial topographic survey prepared in task A.02, DEA will bring this in as a new background on our improvement plans and update the plans to reflect the existing conditions. In addition we will also map the utility information and show this information on the plans so the plans reflect the existing conditions. Modifications to the proposed slope grading will be made in order to reflect the existing conditions and provide the contractor with the as -built condition. A.06 Supplemental Field Survey DEA will survey and obtain additional field data at join lines, utility inverts, "V" ditches, etc. so we can accurately adjust our plans and precisely tie into these facilities. This will enable us to prepare an accurate set of plans so the city can get competitive bids and minimize change orders during construction. A.07 Update Street and Storm Drain plans Based on Supplemental Survey Utilizing the supplemental survey data, DEA will bring this in to show precise grades at join lines, utility inverts, "V" ditches, etc. so we can accurately adjust our plans and precisely tie into these October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 4 of 9 facilities. DEA will revise our plans and we may make minor revisions at joins in order to not have to reconstruct any existing facilities. A.08 Traffic Signal Plans VA Engineering will prepare the traffic signal plans for the intersections of BSR/MHSR, BSR/Nicholas, BSR/Calle Chapos, and BSR/Rancho California Road. VA's proposal is attached. A.09 WQMP BSR (VA Engineering) VA Engineering will prepare the WQMP. VA's proposal is attached. A.10 Signing and Striping Plans Update (11 sheets) DEA will update and finalize the signing and striping plans. A.11 Street Light Plans Update (4 Sheets) DEA will update and finalize the street light plans for Edison purposes. In addition, we will review the proposed locations of the street lights shown on the street improvement plans to make sure there are not any conflicts with existing utilities such as fire hydrants, utility vaults, etc. and revise the street light locations if necessary. A.12 Earthwork Calculations DEA will calculate earthwork quantities using the new aerial survey and by generating a DTM. A.13 Update Quantity Cost Estimate DEA will update the quantity cost estimate both on the drawing sheets and with an excel file. A.14 90% Submittal to City and County (71 sheets)(NOT INCLUDED) DEA will submit the plans at the 100% level. A.15 90% Submittal Corrections (71 sheets)(NOT INCLUDED) A.16 100% Submittal to City and County (71 sheets) DEA will submit the appropriate plans to the City of Temecula, Riverside County Flood Control, and Riverside County Transportation for review. We anticipate 71 sheets of plans covering both phases of the proposed project. We anticipate 26 sheets of street improvement plan and profile drawings, 11 sheets of traffic signing and striping plans, 4 sheets of traffic signal plans, 26 sheets of drainage plans, and 4 sheets of street light plans. Before submitting the plans to Riverside County Flood Control and Transportation Departments the City will arrange for meetings with senior level personnel at both the Flood Control and Transportation Departments to make these agencies aware of the project history and the fact that the plans have been through previous plan checks and approvals with these agencies. This should help speed up the plan check process and help to keep these agencies from starting over at first plan check. A.17 100% Submittal Corrections (71 sheets) A.18 Final submittal to City and County (67 sheets) A.19 Final Submittal Corrections (71 sheets) A.20 Submit Final Mylar's to City and County (71 sheets) DAVID EVANS °'IoASSOCIATES' October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 5 of 9 DEA will submit the appropriate Mylar plans to the City of Temecula, Riverside County Flood Control, and Riverside County Transportation. We anticipate 71 sheets of plans covering both phases of the proposed project. We anticipate 26 sheets of street improvement plan and profile drawings, 11 sheets of traffic signing and striping plans, 'I sheets of traffic signal plans, 26 sheets of drainage plans, and 4 sheets of street light plans. DEA will also provide the City of Temecula with a licensed copy of Micro station Version J so the City can plot and edit the plans. We will also provide PDF files of all of the plans. A.21 Coordination Meetings with City DEA will have coordination meetings with the consultant team and the city during the design process. A.22 Coordination Meetings with Riverside County Flood and Transportation DEA will have coordination meetings with the Riverside County Flood Control and Transportation Departments during the design process. A.23 Coordination Meetings with Developer on Slope Easement MOU's (TO BE PROVIDED BY THE CITY) The City will have coordination meetings with the developer during the design process regarding MOU's and provide information regarding the MOU's to DEA for incorporation into the plans. Optional Scope Item for Additional Project Management DEA will provide for additional Project Management time due to unforeseen City and /or other agency requirements. DEA will provide for additional time needed to conform the plans to existing conditions. DEA is not to proceed with this optional scope of work, unless directed by the City and authorized in writing. PHASE 1.0: PLANS, SPECIFICATIONS, ESTIMATES (45 Sheets) 1.01 Project Kick -Off Meeting DEA will meet with the city and project team to confirm the scope of services, phasing, schedule, and budget. We will review the current plans and go through them in detail to discuss our approach and the proposed improvements. 1.02 Title Sheets /Package Set Up (45 sheets) DEA will revise the title sheets to reflect the phase 1 improvements and delineate the limits of phase 1 on the index maps. Plan sheets not required in phase 1 will be left on the sheet but have a line through those plans showing they are not a part of the phase. 1.03 Revise Street and Storm Drain Sheets at Phase Limits At the edge of each phase temporary grading, barricades, striping, signage, etc. will need to be placed. DEA will modify the relevant street, signing and striping, and drainage plans to depict this information. 1.04 Phase 1 Earthwork and Quantity Calculations DEA will calculate earthwork quantities using the new aerial survey and by generating a DTM. 1.05 Phase 1— Bid Package Specifications (TO BE PROVIDED BY THE CITY) CI DAVID EVANS 0ASSOCIATES'o" October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 6 of 9 It is our understanding that the City will prepare the bid package in Word format. The city will be responsible for preparing the general conditions, special provisions and technical specifications. The specifications will conform to the Greenbook. DEA will prepare the plans and bid quantities for incorporation by the City into the bid package. 1.06 100% Phase 1 —PS E Submittal to City 1.07 100% Submittal Corrections 1.08 Submit final Bond Plans to City (39 Sheets) DEA will submit final bond plans for phase 1 to the city for incorporation in the bid package. DEA will only provide Mylar sheets for new plans at phase limits We anticipate 2 to 3 sheets of new Mylar plans. 1.09 Coordination Meetings with City DEA will have coordination meetings with the consultant team and the city during the design process. PHASE 1.1: Bidding Phase 1.10 Bid Assistance During the bid process, DEA will be available to answer RFI's and issue addendums. 1.11 Pre Bid and Pre Construction Meetings DEA will attend a preconstruction meeting, assist in answering civil engineering related questions and will also provide information /files needed for bidding PHASE 1.2: Construction Administration Phase 1.20 Construction Administration (Not Included) DEA is available to provide construction administration services on a T M basis. PHASE 1.3: Project Closeout/Record Drawings Phase 1.30 Record Documents /Project Closeout At completion of Phase 1 DEA will prepare as -built plans based on the red -lined plan provided by the contractor. DEA will not survey or field verify information, but instead base the as -built off of the contractor's red -line. PHASE 2.0: PLANS, SPECIFICATIONS, ESTIMATES (32 Sheets) 2.01 Project Kick -Off Meeting DEA will meet with the city and project team to confirm the scope of services, phasing, schedule, and budget. We will review the current plans and go through them in detail to discuss our approach and the proposed improvements. 2.02 Title Sheets /Package Set Up (32 sheets) DEA will revise the title sheets to reflect the phase 2 improvements and delineate the limits of phase 2 on the index maps. Plan sheets not required in phase 2 will be left on the sheet but have a line through those plans showing they are not a part of the phase. DAVID EVANS ASSOCIATES' "C October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 7 of 9 203 Revise Street aradStorm Drab, Sheets atFhaseLrmrts At the edge of each phase temporary grading, barricades, striping, signage, etc. will need to be placed. DEA will modify the relevant street, signing and striping, and drainage plans to depict this information. 2.04 Phase 2 Earthwork and Quantity Calculations DEA will calculate earthwork quantities using the new aerial survey and by generating a DTM. 2.05 Phase 2 Bid Package Specifications (TO BE PROVIDED BY THE CITY) It is our understanding that the City will prepare the bid package in Word format. The city will be responsible for preparing the general conditions, special provisions and technical specifications. The specifications will conform to the Greenbook. DEA will prepare the plans and bid quantities for incorporation by the City into the bid package. 2.06 100% Phase 2 —PS E Submittal to City 2.07 100% Submittal Corrections 2.08 Submit final Bond Plans to City (32 Sheets) DEA will submit final bond plans for phase 1 to the city for incorporation in the bid package. DEA will only provide Mylar sheets for new plans at phase limits. We anticipate 2 to 3 sheets of new Mylar plans. 2.09 Coordination Meetings with City DEA will have coordination meetings with the consultant team and the city during the design process. PHASE 2.1: Bidding Phase 2.10 Bid Assistance During the bid process, DEA will be available to answer RFI's and issue addendums. 2.11 Pre Bid and Pre Construction Meetings DEA will attend a preconstruction meeting, assist in answering civil engineering related questions and will also provide information /files needed for bidding PHASE 2.2: Construction Administration Phase 2.20 Construction Administration (Not Included) DEA is available to provide construction administration services on a T M basis. PHASE 2.3: Project Closeout/Record Drawings Phase 2.30 Record Documents /Project Closeout At completion of Phase 1 DEA will prepare as -built plans based on the red -lined plan provided by the contractor. DEA will not survey or field verify information, but instead base the as -built off of the contractor's red -line. DAVID EVANS "*ASSOCIATES "'"0 October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 8 of 9 FEES DEA proposes to complete the improvement plans update, and phase 1 -2 P E packages for a Not To- Exceed Fee of $261,125 (two- hundred sixty one thousand one hundred and twenty five dollars). A detailed breakdown of hours and personnel is shown in our fcc schedule enclosed. Invoices will be due and payable within thirty (30) days, and will be sent monthly based upon the actual hours expended in accordance with the payment schedule below: Phase FEE Reimbursable A Improvement Plans Update $182,965 9,092 1— P E, Bid Asst, Closeout 43,550 2,177 2 P E, Bid Asst, Closeout 34,610 1,731 Total $261,125 $13,000 *Optional Task for add'I Project Management 30,000 *Written authorization required from City Total (Fee Reimbursables Optional Task) $304,125 Mileage, per diem, delivery costs such as Federal Express charges and the cost of prints /reproductions will be considered as reimbursable fees and billed out at cost and is not included in the above fees. For budgetary purposes we estimate reimbursable expenses to be $13,000 (thirteen thousand dollars). However, governmental fees are not included. Governmental plan check and permit fees shall be paid directly by the owner to the agency. ASSUMPTIONS A detailed breakdown of our proposed hours is shown on the attached spreadsheets and should be made part of our contract. We have assumed specific hours for coordination meetings with the City, Riverside County Flood, and Riverside County Transportation. In the event that we are required to attend additional meetings with these agencies we will require additional fees for meeting and coordination time. EXCLUSIONS The following services are excluded from our scope of services: environmental planning and permitting, construction staking, geotechnical engineering, legal descriptions, right of way and boundary survey, structural engineering, NPDES permitting, a SWPPP, construction administration, and landscape architecture. We look forward to being a part of this significant project and are pleased to provide you with our professional services. Thank you again for the opportunity to provide you our proposal for your project. Should you have any questions please contact me at (909) 481 -5750. Sincerely, DAVID V ANS AN J `I'' upp, Y PPS Vice President 0: 1Marketing1Proposa ls171TenteculalButter field Stage Road Extension Beltway Project Proposall0- 16- 09.doc DAVID EVANS "'ASSOCIATES October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 9 of 9 SCHEDULE OF HOURLY BILLING RATES Rates Effective through September 30, 2010* Principal Project Manager Professional Engineer Professional Land Surveyor Professional Landscape Architect Professional Architect Professional Planner Survey Analyst Civil Designer Landscape Designer Land /Environmental Planner CADD Designer CADD Drafter Clerical Note: Authorized overtime will be charged at 1.5 times the above rate. 2- Person Survey Crew 3- Person Survey Crew *rates subject to annual increase Office Staff: $215.00 $195.00 $180.00 $180.00 $160.00 $160.00 $160.00 $155.00 $150.00 $120.00 $120.00 $125.00 $105.00 $90.00 Field Staff: Note: Per union agreement, there is a 4 6- and 8 -hour minimum charge for field survey work. Reimbursable Expenses: Client shall pay the costs, plus 15 for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in -house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. DAVID EVANS "'ASSOCIATES $280.00 $340.00 VA CONSULTING August 26, 2009 Ms. Mayra De La Torre Senior Engineer, CIP City of Temecula 43200 Business Park Drive Temecula, CA 92589 C/O Mr. Jeff Rupp David Evans and Associates, Inc. 4200 Concours, Suite 200 Ontario, CA 91764 Dear Mayra and Jeff: Thank you for your request for VA Consulting, Inc. (VA) to provide this proposal for completion of the plans and related documents for traffic signals, intersection improvements and Water Quality Management Plan (WQMP) for several street improvements in the City of Temecula (City) adjacent to Roripaugh Ranch Development project. This proposal includes scope of work and fees for the following projects: Traffic Signal Plans for Butterfield Stage Road (BSR) Nicolas Road (NR), BSR Calle Chapos (CC) and BSR Murrieta Hot Springs Road (MHS); Improvement plans for BSR Rancho California Road (RCR) intersection; and Water Quality Management Plan for Butterfield Stage Road improvements. We have prepared this proposal for the purpose of updating and finalizing the plans and specifications for inclusion into the bid sets for public bidding by the City of Temecula. A task specific scope of services is provided in Section I and proposed fees in Section II of this proposal. VA will provide these services on a time and materials, not -to- exceed basis in accordance with the attached fee schedule (Exhibit "A I. SCOPE OF SERVICES 1. Traffic Signal Plans (BSR NR, BSR CC, BSR MHS) VA will update the traffic signal plans for BSR NR, BSR CC and BSR MHS to be in compliance with the latest City and County ordinances, update general and construction notes, and update other pertinent information to be consistent with the public bid documents by the City. x: 1M,LheligdPropxUSP_ 200gPrttbd,Ca/ al TMneadaWnOPOlTraflicWOMAP VA Consulting, Inc. Cotporale Office Orange County Division 611A1 Oak Canyon. Suite 1511 Irvine. CA 92618 Phone 949.474.141)0 Fax 949.261.8482 City of Temecula c/o David Evans Associates, Inc. Traffic Signal WQMP for Butterfield Stage Bead August 26, 2009 Page 2 of 5 2. Intersection Improvements (BSR /RCR) VA will complete the intersection improvement and traffic signal modification plans for the intersection of BSR RCR. The work will include incorporating the items requested by the County during the May 15, 2007 meeting consisting of; Addition of AC Paving to improve intersection; Improve the Amanda Place approach to BSR; Prepare a hydrology /hydraulic analysis to provide a drainage design for elimination of nuisance flow at the north side of BSR and convey into existing 24" CMP to Longview Channel; Coordinate with interested parties to resolve conflict with Wine Country Monument Sign; Update the plans to be in compliance with the latest City and County Standards; and Submit plans to City for review and approval. 3. WQMP for BSR Improvements The Project is located within the Santa Margarita River Region. Therefore, street, road, highway, and freeway projects that create paved surfaces of more than 5,000 square feet require the preparation of a WQMP. This task provides for the preparation of a WQMP for the Project. The WQMP will identify potential pollutants of concern and water quality peak flow rates and volumes. The WQMP will identify recommended treatment control, source control, and site design Best Management Practices BMP's) to be incorporated into the Project in order to address post- construction water quality concerns. The WQMP will consist of a narrative describing procedures, findings, and recommended BMP's as well as a figure identifying the placement of the recommended BMP's within the extents of the Project. The WQMP will conform to City and Regional Water Quality Control Board (RWQCB) standards for format and content and will incorporate the information and data established for the approved WQMP for the Roripaugh Ranch Development Project. The WQMP will be based on the street improvement plans prepared by David Evans and Associates, Inc. (DEA) for the subject road, and will assume that DEA will update the plans to provide for incorporation of the BMP's identified in the WQMP. It is noted that the creation of paved surfaces will generate a Hydraulic Condition of Concern (1-100). Therefore, the mitigation of 2 -year and 10 -year, 24-hour peak runoff rates will be required by means of storm water detention. Therefore, this task includes the analyses required to size detention basins to address the HCC and to serve as treatment control BMP's for the Project. Design of the required detention basin is not included as part of this task and will require an additional scope of work and fee to this proposal. J, a a: +Pnai)mu.,nmwomvnn City of Temecula c/o David Evans Associates, Inc. Traffic Signal WQMP for Butterfield Stage Road August 26, 2009 Page 3 of 5 4. Project Meetings and Management Coordination VA will attend up to two project meetings, if required, and coordinate the project with the City, DEA and other involved parties, A total of 16 hours of project management time has been considered for this task. If required, VA will attend additional meetings with prior Client authorization on a tine- and materials basis. Bid Assistance VA will assist City in responding to bidders' questions by preparing written responses within 8 hours of receiving questions. VA will attend one pre -bid meeting at the site. For purposes of this proposal, VA has assumed a total of 8 hours of staff time for this task. 6. Construction Support Services VA will provide engineering support during construction to review contractor submittals, respond to Request For Information (RFD's, attend field meetings, and observe construction progress. For purposes of this proposal, VA has assumed a total of 16 hours of staff time for this task. 7. Record Drawings VA will prepare Record Drawings developed from redlines prepared by the contractor and surveyor. Mylars and an electronic copy of the plans will be submitted to the City when the project is completed. For purposes of this proposal, VA has assurned a total of 8 hours of staff time for this task. II. ESTIMATED FEES 1. Traffic Signal Plans (BSR NR, BSR CC, BSR MHS) 1,000 2. Intersection Improvements (BSR RCR) $14,000 3. WQMP for BSR Improvements 6,500 4. Project Meetings and Management /Coordination 2,600 5. 'Bid Assistance 1,300 6. Construction Support Services 2,600 7. Record Drawings 1,300 TOTAL ESTIIVUVFIED FEE $25,300 City of Temecula c/o David Evans Associates, Inc. Traffic Signal WQMP for Butterfield Stage Road August 26, 2009 Page 4 of 5 1. Agency fees associated with the processing, approval, or permitting of Project plans and /or maps will be provided by Client. Assumptions and Exclusions 2. Dry utility design and plans will be prepared by others. 3. Client may set up an account with a blueprint company, or may elect to have VA process as a reimbursable expense. VA will surcharge all reimbursable expenses 10% to cover costs of invoicing, processing and carrying charges. 10. Fees for this proposal apply to work completed during year 2009, and will be subject to change based on VA's revised fee schedule published on January 1 each year thereafter. We hope that the above services will be sufficient for DEA and the City for the preparation of the construction bid set documents for public bidding. We look forward to the opportunity to work with you and other team members on this project. Should you have any questions, please contact me at (949) 474 -1401 extension 212. President and CEO MPV /kam Enclosures: Exhibit "A" VA 2009 Fee Schedule cc: Keith Rutherfurd, Dan Villines, Contracts X:WancatmakRoposafsW_2005.PcAl iC.iry d Temeaia \PflOPOITmncWQMP.oa: Staff Classification and Ma in Services Field Surve EXHIBIT "A" VA CONSULTING, FEE SCHEDULE 2009 Civil Engineering and Planning,Sevices Hourh Rate President 90 Division President /Division Manager $173 Sr. Vice President /Vice President/ Exec. Director $163 Director $160 Senior Project Manager 155 Project Manager $147 Assistant Project Manager $142 Senior Project Engineer /Senior Design Supervisor /Senior Planner 5137 Project Engineer /Design Supervisor $132 Senior Design Engineer /Senior Designer $122 Design Engineer /Planner $117 Designer $110 Assistant Engineer /Assistant Planner $100 Research and Processing Coordinator Senior CADD Technician $90 Junior Engineer $85 CADD Technician $80 Engineering Intern 570 Office Support /Clerical Director of Survey and Mapping $158 Manager of Field Survey $130 Survey and Mapping Associate $95 Survey and Mapping Technician 3 -Man GPS Crew $235 2 -Man GPS Crew 205 1 -Man GPS Crew 175 Special Services Litigation 8450 Notes: 1. Invoices will be prepared for all services through the end of each calendar month. Invoices ale due and payable on presentation. 2. Overtime, when requested by the client, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays will he surcharged at a rate of 170% of the standard hourly rates. 3. Reprographics, messenger service, travel (including lodging and meals), and other direct expenses will be charged at cost plus 10%. The services of outside consultants will be charged at cost plus 15% to cover administration and overhead. In-house reprographics charges: l3 &W Bond copies 51.00 /sq.1, Color Bond $6.00 /sq.1t. 5. Mileage will be billed at standard mileage rates set by 1195. 2009 rates currently listed at &0.55 per mile Task PM PE CIV DESCAD DES PLS SA 2CREW WP Design VA Description $195 $180 $150 $125 $180 $155 $280 90 Labor Expenses DMI Expenses Total Labor Expenses Reimbursable Expenses Phase A Improvement Plans Topography and Utility Base Sheet Planate (Phases 1, 2, and gr A.01 Project Kick -Off Meeting 4 4 1,380 1,380 69 A.02 Prepare Aerial Topographic Survey 2 2 4 24 14,479 10,230 24,700 1,235 A.03 Utility Research Gathering (TO BE PROVIDED BY THE CITY) A.04 Utility Review (TO BE PROVIDED BY THE CITY) A.05 Update Street and Storm Drain Plans w /new topo /utilities (52 sheets) 8 8 52 78 20,550 20,550 1,028 A.06 -Supplemental Field Survey 2 16 12 4-2 24 19,110 19,110 956 A.07 Update Street and Storm Drain Plans based on Sup Survey (52 sheets) 4 156 78 33,930 14,000 47,930 2,340 A.08 Traffic Signal Plans (4 Signals VA) 1 195 1,000 1,195 60 A.09 WQMP BSR (VA) 2 390 6,500 6,890 345 A.10 Signing and Striping Plans Update (11 sheets) 4 11 11 3,805 3,805 190 A.11 Street Light Plans Update (4 sheets) 2 8 8 2,590 2,590 130 A.12 Earthwork Calculations 2 40 16 8,390 8,390 420 A.13 Update Quantity Cost Estimates 2 52 30 10,890 10,890 545 A.14 90% Submittal to City and County (71 sheets) (NOT INCLUDED) A.15 90% Submittal Corrections (NOT INCLUDED) A.16 100% Submittal to City and County 2 16 16 3,830 3,830 192 A.17 100% Submittal Corrections 2 36 36 0 10,290 10,290 515 A.18 Final Submittal to City and County 2 16 16 3,830 3,830 192 A.19 Final Submittal Corrections 0 0 0 0 A.20 Submit Final Mylars (71 sheets) 2 33 33 7,485 7,485 374 A.21 Coordination Meetings with City 10 10 3,750 2,600 6,350 318 A.22 Coordination Meetings with Riv Co Flood and Trans 10 10 3,750 3,750 188 A.23 Coordination Meetings on Slope Easement MOU's (CITY TO PROVIDE) Total for Topography and Utility Base Sheet Plan Update 61 30 379 292 20 H 48 95 148,635 24,100 10,230 182,965 9,092 Optional Scope Item for Additional Project Management 1 1 1 1 1 1 1 1 I$ 1 30,000 to only be used if given written authorization by City Phase A Butterfield Stage Road Extension Beltway Project (Revised 10- 21 -09) David Evans and Associates, Inc. Fee Proposal A a. 2 a. E t 0 0 r4 i t. d 'C s 44 40 fon 41 fon Gn 4 4 fon fon 41 4n 4n I0 00 d ire en el VI oo re Cre Ve IT Cc5 06 bre 0 00 j 2 1 00 00 ect citc 00 00 Item No. 9 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: November 10, 2009 SUBJECT: Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Project FY 2008 -09, Project No. PW09 -01 PREPARED BY: Mayra De La Torre, Senior Engineer— CIP Chris White, Assistant Engineer CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Project FY 2008 -09, Project No. PW 09 -01, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On May 26, 2009, the City Council awarded a construction contract to Pavement Coatings Company in the amount of $323,817.17 to complete the Citywide Slurry Seal Project FY 2008 -09, Project No. PW 09 -01. The project included cleaning and crack sealing the existing roadway surface, applying Rubberized Emulsion Aggregate Slurry (REAS) and restoring pavement delineation at Paloma Del Sol and various streets within the Temeku Hills area. Rubberized Emulsion Aggregate Slurry (REAS) was used to seal the project roadways against water intrusion and deterioration of the asphalt concrete pavement. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one (1) year from August 7, 2009, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Citywide Slurry Seal Project FY 2008 -09, Project No. PW09 -01 is funded by the Public Works Maintenance Budget for routine street maintenance. The base amount of the construction contract was $323,817.17. Approved contract change orders totaled $31,714.21, which increased the total construction contract amount to $355,531.38. 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 P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589 -9033 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 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Pavement Coatings Company. 10240 San Sevaine Way. Mira Loma. Ca. 90630 to perform the following work of improvement: 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 November 10, 2009. That upon said contract the First National Insurance Company of America 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: 6. The location of said property is: Paloma Del Sol and various streets within Temeku Hills Area, Temecula, California 92589. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA NOTICE OF COMPLETION CITYWIDE SLURRY SEAL PROJECT FY 2008 -09 PROJECT NO. PW 09 -01 CITYWIDE SLURRY SEAL PROJECT FY 2008 -09 PROJECT NO. PW 09 -01 Dated at Temecula, California, this 10 day of November, 2009. ss Dated at Temecula, California, this 10 day of November, 2009. City of Temecula Susan W. Jones MMC, City Clerk I, Susan W. Jones M MC, City Clerk of the City of Temecula, California and 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. City of Temecula Susan W. Jones MMC, City Clerk C:1Program Files\Neevia.Com\Document Converterltemp1950333.doc Form a Corporation NAME AND ADDRESS CONTRACTOR'S (fill in whether a Corporation, Partnership or individual) First National Insurance Company of America NAME AND ADDRESS OF SURETY Bond #6481045 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW09 -01 CITYWIDE SLURRY SEAL PROJECT FY 2008 -2009 KNOW ALL PERSONS BY THESE PRESENT THAT: Pavement Coatings Co. hereinafter called Principal, and hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Three Hundred Fifty -Five Thousand Five Hundred Thirty -One DOLLARS and Thirty -Eight CENTS 355,531.38 in lawful money of the United States, said sum being not less than ten (10 of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is sucti that whereas. p2e Principal entered into a certain Contract with the OWNER, dated the 10 day of NOVPm b 2009, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW09- 01, CITYWIDE SLURRY SEAL PROJECT FY 2008 -2009. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on Nove h6ir IQ 2009. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. 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 attorneys fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAINTENANCE BOND M-1 RACIPNRDJECTSNW991PW09-01 CltywideSlunylSid- DocsIPW09-01 specdoc 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, shall 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. Signed and sealed this 17th day of September 2009. (Seal) First National Richard L. Wells (Name) Attorney -In -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney Insurance Company Pavement Coatings Co. PRINCIPA By: DOUG FORD (Name) President (Title) By: (Name) (Title) MAINTENANCE BOND M-2 RICIPIPROJECTSIPW09WPW09-01 Citywide SkrrrIABtd- Doa1PW09 -01 spec.doc KNOW ALL BY THESE PRESENTS: No. 10053 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *SUZANNE ADAMS; TED ADAMSON; LYNN A. BEIMER; RICHARD L. WELLS; Brea, CA*** its true and lawful attorney(s) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents Dexter R. Legg, Secretary CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, CO The provisions of Article V, Section 13 of the By -Laws, and 01) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S- 1049/DF 1/09 POWER OF ATTORNEY this 15th dayof January 2009 this A r Timothy A. Mikolajewski, Vice President 17th dayof September First National Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 2009 Dexter R. Legg, Secretary Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 17, 2009 betore me, Date personally appeared LYNN A. BEIMER Commission 1781026 Notary Public California Orange County Conan. Dec16,2011 Place Notary Seal Above Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signature OPTIONAL Lynn A. Beimer, Notary Public Here Insert Name and Tile of the Officer Richard L. Wells Name(s) of Signer(s) who proved to m on the basis of satisfactory evidence to be the person whose name are subscrjd to the within instrument and acknowledge to me that(Ishe /they executed the me in is er /their authorized capacity{ies), and that by is er /their signatures 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. Signature of Notary Public Though the infomiation 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 fomr to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Signer's Name: Individual Corporate Officer Title(s): Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW09 -01 CITYWIDE SLURRY SEAL PROJECT FY 2008 -2009 This is to certify that Pavement Coatings Co (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 PROJECT NO. PW09 -01, CITYWIDE SLURRY SEAL PROJECT FY 2008 -2009, situated in the City of Temecula, State of California, more particularly described as follows: Various City Streets INSERT ADDRESS OR DESCRIBE LOCATION OF WORK Description Dollynt Is! Dispute Retention RECEIVED SEP 2 8 2009 CITY OF PUBLIC WORKS DE ARTMENT 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: 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: 2)-07 By: CONTRACTOR Print Name and Title DOUG FORD President RELEASE R -1 R:ICIPIPROJECTSPW09NW09 -01 Citywide SNny181d -0ocsIPW09 -01spec.doc 1 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: November 10, 2009 SUBJECT: Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs FY 2008 -09, Project No. PW09 -03 PREPARED BY: Mayra De La Torre, Senior Engineer— CIP Chris White, Assistant Engineer CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Concrete Repairs FY 2008 -09, Project No. PW 09 -03, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On June 23, 2009, the City Council awarded a construction contract to B T Works, Inc. in the amount of $113,915.55 plus a 10% contingency of $11,391.56 for a total of $125,307.11 to complete the Citywide Concrete Repairs FY 2008 -09, Project No. PW09 -03. The project included removal and replacement of damaged curb gutter, sidewalk, driveway approaches, under sidewalk drains, cross gutters, ADA ramps and spandrels at various locations throughout the City. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one year from the date of acceptance by the City. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Citywide Concrete Repairs FY 2008 -09, Project No. PW09 -03 is funded by the Public Works Maintenance Budget for routine street maintenance. The base amount of the construction contract was $113,915.55. Approved contract change orders totaled $10,104.70, which increased the total construction contract amount to $124,020.25. 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 P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589 -9033 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 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to B T Works, Inc.. 23905 Clinton Keith Road, Suite 114 -351, Wildomar, Ca. 92595 to perform the following work of improvement: 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 November 10, 2009. That upon said contract the Western Insurance 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: 6. The location of said property is: Various streets through out City of Temecula, Temecula, California 92589. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA NOTICE OF COMPLETION CITYWIDE CONCRETE REPAIR FY 2008 -09, PROJECT NO. PW 09 -03 CITYWIDE CONCRETE REPAIR FY 2008 -09, PROJECT NO. PW 09 -03 Dated at Temecula, California, this 10 day of November, 2009. ss Dated at Temecula, California, this 10 day of November, 2009. City of Temecula Susan W. Jones MMC, City Clerk I, Susan W. Jones M MC, City Clerk of the City of Temecula, California and 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. City of Temecula Susan W. Jones MMC, City Clerk C:1Program Files\Neevia.Com\Document Converterltemp1950338.doc Form CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW09.03 CITYWIDE CONCRETE REPAIRS FY 2008 -09 KNOW ALL PERSONS BY THESE PRESENT THAT: B &T Works, Inc., 23905 Clinton Keith Rd., Ste. 114, Wildomar, CA 92595 NAME AND ADDRESS CONTRACTOR'S Western Insurance Company, 43391 Business Park Dr., Ste. C -6, Temecula, CA 92590 NAME AND ADDRESS OF SURETY Bond:CTC Premium: $2,848.00 a Corporation hereinafter called Principal, and (fill in whether a Corporation, Partnership or individual) hereinafter called SURETY, are`held and unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of One hundred thirteen thousand nine hundred fifteen DOLLARS and fifty -five CENTS 113,915.55 in lawful money of the United States, said sum being not less than ten (10 of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 24th day of June 2009, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW09- 03, CITYWIDE CONCRETE REPAIRS FY 2008 -09. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on 29th September 2009. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract; or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shalt be included; including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAINTENANCE BOND M -1 RAgPIPROJ&TaPYPoBIPWo943Cityside PccRepaixlB 'idexbWW09o3 &d -0ocs.doc 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, shall 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. Signed and sealed this 23rd day of October (Seal) Western Insurance Company B &T Wo SURETY ,�n PRIN By: ///tep /r 13y: Melody L. Spaur (Name) (Name) Attorney -in -Fact (Title) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney 2009. By: (Name) (Title) MAINTENANCE BOND M-2 RdCIPPPRQIECTSIPWO9WW0943Wide PCCRermasIBI60asWWOGO3Bb oc&dw WESTERN INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Melody L. Spaur, Karen A. Eby, John A. Ruiz Of the STATE OF NEVADA its true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and atl bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts: and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19 day of June, 2006. WESTERN INSURANCE COMPANY STATE OF NEVADA) (Signed) By es-ed SS: Secretary 325372 COUNTY OF WASHOE On this 19 day of June, 2006, before me personally carne DICK L. ROTT AN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said C with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the sai. n L. ROTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said E SURA COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they ea affixed seal of dif oration; that the seal axed to said Power of Attorney was such corporate seal, that it was so affix by or�the Birkeitglirecto rs o id corporation, and that they signed their names thereto by like order as PRESIDENT TARY cill4ely, of the S My Commission expires the 3 areh, 2011 ©3. SS r {�y}} PATRICIA A. LETSON j ned) �r N t yRtylic Star. iNevade 1 Appoirarrent braes mw�eltel in lD 'Era A. Letson Notary Public o a6 1D4433 This Power of Attorney is granted r/ilk &Td b y authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAhikrot June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attorney(s) -in -Fact pursuant to a Power or Attomey issued in accordance with these resolutions. Said Power(s) of Attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Attomey(s) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s) -in -Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the tens and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. 1, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Pewer of Attorney is in full force and effect and has not been revoked. In T Testimony ner ppreunto set l,t )yj ejaa id the sea� the nWESTERN IN on at Secretary, County of State of Califomi personally appeared CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On P ia/ before me, who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) a aFeE* subscribed to the within instrument and acknowledged to me that executed the same in-his fib authorized capacity(ies), and that by his�tiheir signaturc(o} on the instrument the personas), or the entity upon behalf of which the person4r4 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 han•. and w Signature of Notary 4 DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED 13Y THE SIGNER Individual Cl Corporate Officer (Title) Partner(s) Attorney -in -Fact Trustee(s) Other 2008 Version CAPA v(2.10.07 800- 873 -9865 vw v.NotmyClasses.com '1 a 4 (Here insert name and title of the officer) (Notary Seal) K. A.EBY COMM. 1804042 NOTARY PUBLIC CALIFORNIA RIVERSIDE COUNTY My Comm. Expires June 25, 201 ADDITIONAL OPTIONAL INFORMATION INETRUCL FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that docubent. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may he printed on such .a document so long as the verbiage does not require the notary to do .something that is illegal Jew a notary in California (Le. BerlEying the authorized capacity .of the signer). Pluase check the document care/telly for proper notarial wording and attach' thiSJean ift equired State and County information must'ho the State and Unwary where the document signers) personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signer(s) personally app tired which must also be the same date the acknowledgment is completed. The notary public must print hik or her' name as it appears within his or her comtnissitin followed by a comma and then your title (notary pitblic). Print the name(s) of document signer(s) who personally appear at the time of notarization. Indicate the correct singular or plural tons by crossing off incorrect- forms (i.e. he/she /they- is /ure) or circling the correct firms. Failure to correctly indicate this information may lead to rejection of document recording.. The notary seal impression must he clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges. re -seal if a sufficient area permits, otherwise complete a different ackttowledgtttent form. Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a di l fermi. document. Indicate title or type of attached document, nuwbcr of pages and date. Indicate the capacity claimed by the signer. I f thy claimed capacity is a corporate oflicer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW09 -03 CITYWIDE CONCRETE REPAIRS FY 2008 -09 This is to certify that Vv d W9 J; (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 PROJECT NO. PW09 -03, CITYWIDE CONCRETE REPAIRS. FY 2008 -09, situated in the City of Temecula, State of California, more particularly described as follows: Li L /-7 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 d L By: RELEASE Print Narne and Title R -1 R: 4CIPIPROJECTS1PW091PW09 -03 Citywide POCRepairsWHid -On s1PW0903 B'id- Das-dae Item No. 11 TO: FROM: DATE: SUBJECT: PREPARED BY: RECOMMENDATION: the City Manager: CITY OF TEMECULA AGENDA REPORT City Manager /City Council Greg Butler, Director of Public Works November 10, 2009 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, Temporary Street Closure for the 'Winter Wonderland Event' (Main Street between Old Town Front Street and the easterly end of the Main Street Bridge) scheduled for December 11, 2009 Daniel York, City Engineer Steve Charette, Associate Engineer That the City Council receive and file the following proposed action by Temporarily close Main Street for the `2009 WINTER WONDERLAND EVENT' BACKGROUND: The "Winter Wonderland" event is scheduled for Friday, December 11, 2009 from 5:00 PM to 10:00 PM with the actual street closure scheduled between 4:00 PM to 10:00 PM. The annual Winter Wonderland event is ajoint effort between the City of Temecula and the Friends of Temecula Children's Museum. The event outside activities will include a snow lab, a S'mores bar, hot chocolate bar, ticket booths, carolers, lighted Christmas trees and 30 tons of snow (placed within the grassy area adjacent to the Museum parking lot). The event is expected to draw 1000 participants. The event will require the closure of Main Street between Old Town Front Street and the easterly end of the Main Street Bridge (See attached Vicinity Map). The Event will also require the closure of the Main Street driveway access to the Children's Museum. The driveway will be closed for the event for the purpose of placing staging at the driveway location. Museum and Theatre management have been notified by Staff of the proposed driveway closure. The event will require assistance from the Department of Public Works by providing support services for the street closure, public safety monitoring, and the permit process. Under Vehicle Code Section 21101, "Regulation of Highways local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs for provision, placement, and retrieval of necessary warning, advisory, and barricade devices by the Department of Public Works are included in budgetary items. ATTACHMENTS: 1 Location Map WONDERLAND EVENT STREET CLOSURE This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. N 01 0 160 320 480 ft. Map center: 6287363, 2124126 t'1 Barricade Street Closure NN8N gtv AGu ■❑\D O a 1n n jIrcE WONDERLAND EVENT STREET CLOSURE Item No. 12 PREPARED BY: Daniel York, City Engineer Steve Charette, Associate Engineer Temporarily close certain streets for the `2009 SANTA'S ELECTRIC LIGHT PARADE EVENT' Approvals City Attorney Director of Finance City Manager Sief Paz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: November 10, 2009 Temporary Street Closures for Santa's Electric Light Parade on December 4, SUBJECT: 2009 RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: BACKGROUND: The 2009 Santa's Electric Light Parade Event necessitates the physical closure of a portion of Jefferson Avenue and certain adjoining streets to protect participants and viewers at the Santa's Electric Light Parade. Under Vehicle Code Section 21101, "Regulation of Highways local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. This year's Santa's Electric Light Parade Event proposes street closures for a period of a few hours beginning at approximately 5:00 PM on Friday, December 4, 2009 as follows: 1 Parade Route Jefferson Avenue Del Rio Road to Overland Drive 2. VIP Parking Jefferson Avenue Rancho California Road to Del Rio Road 3. Staging /de- Staging Del Rio Road Via Montezuma to Jefferson Avenue Calle Cortez Del Rio Road to Jefferson Avenue Las Haciendas Street Del Rio Road to Jefferson Avenue Commerce Center Drive Overland Drive to Via Montezuma Via Montezuma Jefferson Avenue to Diaz Road Overland Drive Commerce Center Drive to Jefferson Avenue The roads will re -open shortly after the parade is over with the signal timing re- established. This would minimize traffic effects. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the City Maintenance Department, are included in budgetary items. ATTACHMENT: 1 Parade Route and Limits of Road Closure Road Closure Road Closure Judging Area e Santa's Electric Light Parade Parade Route Road Closure RANCHO CAIIFOR n p 1 Light Parade Route —0- Parade Route School Bus Parking R\GISWmoMIV Ndap Projects'EkNic Lqn Paade mo7m.a Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: November 10, 2009 SUBJECT: Acceptance of certain Public Streets into the City- Maintained System within Tract Map Nos. 29734 (Located northwesterly of the intersection of Deer Hollow Way and Peppercorn Drive Centex Homes) PREPARED BY: Daniel York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- Approvals City Attorney Director of Finance City Manager Sief Paz, 42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM (WITHIN TRACT NO. 29734) BACKGROUND: Tract Map No. 29734 were originally approved by the Riverside County Board of Supervisors prior to annexation of the Redhawk area into the City of Temecula on June 30, 2005. The developers, Centex Homes, dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The Tract Map was recorded by the County Recorder on September 11, 2003. The County Board of Supervisors accepted the offers of dedication at the time of map recordation for each Tract. At the time of annexation the streets offered for dedication on the map became street right -of -way offers within the City of Temecula. City Public Works staff has since reviewed and inspected the public improvements and determined that all required repairs and replacements were satisfactorily completed. The Performance bond for the Tract has therefore been released, however, the one -year Warranty Bonds and Labor and Materials Bonds have not been released. The Warranty Bonds will be released at the end of the one -year period in May, 2010. The Labor and Materials Bonds will be released six months into the one -year warranty period in November, 2010. The public streets now being accepted by this action are as follows: Via La Tranquila and Francisco Place. FISCAL IMPACT: ATTACHMENTS: Periodic surface and or structural maintenance will be required every 5 to 8 years. Resolution No. 09 with Exhibits "A B" inclusive. RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED SYSTEM (WITHIN TRACT NO. 29734) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Tract Map No. 29734 was originally approved by the Riverside County Board of Supervisors prior to annexation of the Redhawk area into the City of Temecula on June 30, 2005; and, WHEREAS, Tract Map No. 29734 was recorded by the County Recorder on September 11, 2003, in which offers of dedication for street and public utility purposes were accepted by the County of Riverside from Centex Homes; and, WHEREAS, at the time of annexation the streets offered for dedication on the map became street right -of -way offers within the City of Temecula; and, WHEREAS, City Public Works Staff has reviewed and inspected the public improvements and all repairs and replacements have been satisfactorily completed; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City- Maintained Street System the streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of November, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of November, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" TO RESOLUTION NO. 2009 Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Map 29734 into the City Maintained Street System as described as follows: 1. Lot "A" (Via La Tranquila) of said Tract Map No. 29734 2. Lot "B" (Francisco Place) of said Tract Map No. 29734 EXHIBIT "B" TO RESOLUTION NO. 2OO9- TRACT MAP 29734 A C4MINO VICINITY MAP NO SCALE MEET 1 OF 1 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: November 10, 2009 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Fiber -optic Cable Installation to Fire Station 84 and Library Contract Change Order to Construction Contract with High -Light Electric, Inc. for Traffic Signal Interconnect Equipment Installation; Project No. PW 04 -05 PREPARED BY: Tim Thorson, Director Information Systems RECOMMENDATION: That the City Council: 1 Approve a Change Order for a not to exceed cost of $23,700 to furnish and install additional fiber -optic cable from the Margarita /Pauba Road traffic signal controller to the utility closet in Fire Station 84 and authorize the City Manager to execute the change order. BACKGROUND: On August 24, 2009, the City Council awarded a construction contract to Highlight Electric for the installation of traffic signal interconnect equipment on Margarita Road from Rancho California Road to Temecula Parkway including furnishing and installing a twenty four Single Mode Fiber Optic (SMFO) cable, conduit, pull boxes and communication equipment necessary to interconnect 5 signalized intersections. This equipment installation will complete the interconnect system and provide the capability to monitor the traffic signal operations on Margarita Road from Winchester Road to Temecula Parkway. During the course of the project it was determined that the City could utilize some of the excess capacity in the installed fiber -optic cable to better connect City facilities. Currently the City main library on Pauba and Fire Station 84, our primary Emergency Operations Center, utilize a combination of a leased T1 line and secure wireless connection to connect back to City Hall. Extending the fiber -optic cable from the Margarita /Pauba intersection westerly up Pauba Road to Station 84 and the Library would allow for a dramatic increase in data and voice communication capability and speed over a City owned fiber -optic system, thereby eliminating the need to pay roughly $830 in monthly service charges for the T1 line(s) currently serving these facilities. FISCAL IMPACT: The Traffic Signal Interconnect Equipment Installation, Project No. PW 04 -05 is identified in the City's Capital Improvement Program, Fiscal Year 2009 -2010 and is funded through Development Impact Fees Traffic Signal. The funds are available in the Fire and Library operating budgets for this improvement. ATTACHMENTS: 1. Contract Change Order 2. Project Description 3. Project Location CITY OF TEMECULA PROJECT: T. S. INTERCONNECT EQUIPMENT INSTALLATION PROJECT NO. PW04 -05 TO CONTRACTOR: High -Light Electric, Inc. NOTE: This change order is not effective until approved by the City Manager. CHANGE ORDER REQUESTED BY: ENGINEER 1.1 DESCRIPTION OF WORK: CONTRACT CHANGE ORDER NO. 1 PROJECT NO. PW04 -05 Page 1 of 2 Installation of a new 24 Single Mode Fiber Optic (SMFO) cable on Pauba Road from the intersection of Margarita Road and Pauba Road to Fire Station #84 and the Library. Contractor shall use existing conduit for this run. I n addition, the contractor shall install a new 2" conduit that will run from the tie -in point in front of the Fire Station to the station's mechanical room. The approximate length of the new conduit is 150 LF. Contractor to install 24 SMFO cable for this run also as shown on the Contractor's proposal and perform all necessary traffic control. Unless otherwise specified, all work shall be performed in accordance with the project specifications. The Contractor shall be responsible for furnishing all labor, materials, tools, equipment, and incidentals for performing all work necessary to install 24 SMFO cable, new 2" conduit, and to provide traffic control, as specified in the Project Specifications and as directed by the Engineer. This change is associated with Contractor's quote dated October 23, 2009. METHOD OF PAYMENT: Extra Work at Agreed Upon Price: Total Cost of Extra Work (High -Light Electric, Inc. quote dated 10/23/09) 23,695.71 Total Item 1.1 23,695.71 The agreed upon price constitutes full compensation, including mark -ups for the work described above and no additional compensation will be allowed therefore. CCO 1 TOTAL INCREASE 23,695.71 C Program Files\Neevia. Com\Document Converterltemp doc CITY OF TEMECULA Original Contract Amount This Change Previously Approved Changes Total Adjusted Contract Amount Original Contract Working Days 30 This Change Order 0 Previously Approved Changes 0 Total Adjusted Contract Working Days 30 Prepared by: Submitted by: Approved: (As directed by City Manager) City of Temecula Greg Butler, P.E. We the undersigned contractor has given careful consideration to the change proposed and hereby agree: If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted: Name: City of Temecula Chris White Assistant Engineer, CIP City of Temecula Mayra De La Torre, P.E. Senior Engineer, CIP Director of Public Works CIP Date: Contractor: Company name By: Title: President Signature Erwin Mendoza Printed CONTRACT CHANGE ORDER NO. 1 PROJECT NO. PW04 05 Page 2 of 2 Date: Date: Date: 211,878.00 23,695.71 0.00 235,573.71 High -Light Electric, Inc. If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. C: \Program FileslNeevia. Com\Document Converterltemp do MEM C CCt O) O .y rA O O O N U 8 bA O tua U N 2+ a N O rl 0 O O 0 0 0 0 0 0 0 in 64 64 64 64 64 64 64 fA C C) 64 64 64 64 64 64 0 0 0 0 0 0 O 0 64 64 64 d' U z 1 1. TERM AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND D W CONSULTING PROFESSIONAL GIS CONSULTING SERVICES TO CORRECT INACCURACIES IN THE CITY OF TEMECULA'S GIS PARCEL AND CENTERLINE DATA LAYERS (IS RFP No. 09 -02) THIS AGREEMENT is made and effective as of November 10, 2009, between the City of Temecula, a municipal corporation (hereinafter referred to as "City and D W Consulting, a Corporation in the State of California, (hereinafter referred to as "Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Agreement shall commence on November 10, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 1, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional year term. In no event shall the contract be extended beyond January 1, 2012. 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 the Scope of Work attached herein as Attachment "A 3. PERFORMANCE Consultant shall at all time 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 Attachment "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 $63,370.00 unless additional payment is approved as provided in this Agreement. b. Consultant will submit invoices pursuant to the Payment Schedule attached herein as Attachment `B 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, District, and /or 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, District and /or 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. 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 ($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 ($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. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self- Insured Retentions. Any deductibles or self insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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, its 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, its 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, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, 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, its 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 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 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 Consultants 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. To City of Temecula: To Consultant: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, California 92589 -9033 -or- City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, California 92590 D W Consulting Attention: Jerry A. Wagner 1920 North Ukiah Way Upland, CA 91784 14. ASSIGNMENT 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 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 has any interest, whether contractual, non contractual, financial or otherwise, in this transaction, 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: By: Maryann Edwards, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR D W Consulting (Two Signatures if required by corporate papers) Jerry A. Wagner, President Ronald J. Wagner, Vice President D W Consulting Jerry Wagner 1920 North Ukiah Way, Upland, CA 91784 (909) 946 -6477 jwagnerOdwconsulting.biz FSM Initials: Date: ATTACHMENT A Tasks to be Performed Scope of Work Professional GIS Consulting Services to Correct Inaccuracies in the City of Temecula's GIS Parcel and Centerline Data Layers IS 09 -02 Task 1: Kick -off Meeting Scope of Work A kick -off meeting will be held at the beginning of the project. The key team players from D &W and the City will attend this meeting. The kick -off meeting has these goals to accomplish. Introduction of the Project Team D &W Consulting Team City of Temecula Team Identify team members roles Project expectations Keys to project success Review project approach a Determine Pilot area (Worst Area Possible) Review Schedule Schedule for picking up drawings Conversion schedule Review project milestones Delivery schedule Establish dates for monthly meetings Invoicing and payments Review PARS (problem and resolutions form) Task 2: Inventory Tract Parcel Maps Verification and sorting shall be done for the received source data. The source condition and completeness will be checked in accordance to the check protocol. D &W requests that all maps be scanned in a PDF, jpeg, tiff image or other compatible format. D &W will maintain a separate GIS database to track the status of the maps at various stages of project. This database will be accessible to all the team members of the project. Tract Parcel Maps that are missing will be identified for review with the City. D &W will meet with the City to locate missing maps. We will review the existing parcel base to determine the best approach for adjusting those parcels. Task 3: Conversion Specifications D &W Consulting will develop detailed conversion specifications for the conversion of the parcel base and centerlines. D &W will define the parameters of the conversion effort and the 1 tools required to carry out the work well in advance of the start of work. A review of the data requirements and source information will define the detail aspect and methodology of the conversion process. This review is important to the preparation for data entry, the modification of programs used for data entry, and the validation after entry has been completed. These constraints will be project /client specific and will be determined with the active participation of the client. A conversion specification document is prepared for the project and reviewed by the Project Team. The specifications reflects the agreed upon measures for data acceptance and cartographic standards by the City. The database design will address data fields associated with existing datasets, standards and requirements. This document contains information regarding data quality and specifies the acceptable data quality standards for digital deliverables. All delivered data will be evaluated on its degree of conformance to the database design, scope of work and fulfillment of the acceptance criteria. Comparison of delivered data will be against the source information supplied to D &W by the City of Temecula. Task 4: Pilot Project City staff and D &W will meet to review the Pilot Project specifications. A pilot area will be identified for the project. It is recommended that the pilot area be one that has considerable inaccuracies in the current parcel base and missing source documentation. This will allow D &W the opportunity to show the City the entire process of conversion. The pilot project will be reviewed in detail with the City to determine that the final product meets the needs of the City. Any changes or modifications will be discussed by the team for agreement on the best approach for moving forward. The pilot will be accepted by the City before the project moves forward. Task 5: Adjust Conversion Specifications The purpose of the pilot project is to determine if the resulting product meets the needs of the City. The conversion specifications are adjusted to any changes or modifications made during the pilot phase. The final document is reviewed with the City for their acceptance. Task 6: Conversion of the Remaining City Based on the success of the pilot project, the remaining portion of the City will undergo conversion. The process D &W will use is identified in the steps below. Step 1: COGO Tract Parcel Map Boundaries and Creating Closure Report COGO techniques will be used to create the parcel basemap to ensure the degree of conformity of measurements to the true or actual value of the quantity being measured. The purpose of maintaining accuracy of the parcel basemap is to ensure a graphic feature within the database approximates the feature in the real world. The digitization 2 process will be done in COGO software in an Autodesk environment. In this step, tract/parcel map boundaries and parcel boundaries are created exactly as shown on the source map. The given Survey data are entered into a "COGO" program as a sequential set of bearings, distances, and curve parameters (radius, length, etc.). Each subdivision map and parcel boundaries are COGO'd into vector data using tract parcel maps. If the sources are not available, other data determined by the City and D &W will be used for capturing parcel information. At this stage no attempt is made to correct any closure or other problems, which occurs with the data given on the source material. The data produced at this stage will be a digital representation of the information contained on the source maps (tract maps, parcel maps) for COGO. All data derived from Tract /Parcel Maps, and other source documents shall mathematically close within 1 part in 10,000, or 0.05', whichever is greater. This includes boundary, centerline, right -of -way, lot lines, and other lines as required. Q A.: Once the traverse is completed, the software will generate the closure report for each traverse automatically. The generated report is linked to the document from which it was produced to serve as a basis for internal QA. Every COGO'd image will be cross referenced to the closure documents. Step 2: Closing Subdivision and Parcel Boundaries Closure is performed on all of the subdivision and parcel boundaries in this step. The subdivision and parcel gets closed based on the data provided. We expect the following four situations may arise during this process. a) The subdivision and parcel is closed to .05 feet or 1:10000. In this case we will close the boundaries. b) The subdivision and parcel does not close within .05 feet or 1:10000 and if the error is repeated twice, then the allowable tolerance is (0.1). Using standard survey practices will solve such discrepancies. This will be done with the help of a Licensed Land Surveyor and /or Civil Engineer who can practice land surveying. The location, magnitude and justification of the created gap will be documented in the error report. c) The subdivision and parcel does not close to 0.1 (twice the allowable limit). This error will be treated as blunders and does not fall within the normal variances of surveying measurements or drafting measurements. In this case our technical team will make a resolution on how to close the subdivision and make a record of that resolution in a "flag" attribute field of the database. The resolution of the discrepancy will be informed to the city. 3 CIA.: A program will run to verify the closures prior to progressing to the next step Step 3: COGO Centerlines In this stage, right of way, centerlines, original lot lines are captured. The digitized linear features are COGO'd into the vector data by using sub divisional tract maps and parcel maps. This stage involves in- filling the interior of the subdivision boundary framework created to this point. All lots and street centerlines are either COGO'd or computed using precision input. Q.A The technician checks all the line work classification. This ensures that all graphics are COGO'd and /or entered using computation methods according to the agreed upon accuracy standards. Step 4: Digitizing non -COGO features The purpose of this step is to convert the data that are remaining such as parcels without tract /parcel maps, by using heads up digitizing and adjusting the parcels to match the orthophotography. This stage will complete the capturing of all data from the images that can either be COGO'd or computed into place. Step 5: Quality Control of COGO and non -COGO data The most important aspects of any project is the quality of the finished product. In general, the quality must be as good as the original maps used to create the model. D &W has developed specific software tools for in -house use. These tools are developed with various techniques to assure uniformity of data input, value checking and graphic placement. The quality check process is divided into two methods, which include visual check and database check. Checking the data captured from the hard copy plot or monitor as appropriate by comparing one to one carries visual check. The database check is the one performed on the digital file for checking the validity of the attribute and consistency etc. In this process, a QC error report will be generated for error rating. If the error's fall within the allowable limit, then our engineers will modify the data and if the error's reach the limit then the file is rejected and it will go to the Digitization step for re- digitizing and correction. A program will be run to verify closures of COGO'd parcels and sub divisional boundaries prior to progressing to the next step. 4 Step 6: Adjusting data to the orthophotography The purpose of this step is to adjust the parcel data to the orthophotography. Mapping control points will be used to develop the base map. For this step control points will be pulled from the orthophotography for each tract. D &W will validate that the control points used in the analysis have been verified as being consistent with mapping control. Prepare plots of the area of conflict with symbols of the mapping control points to indicate the magnitude and direction of error. The County centerline will be adjusted to the COGO'd centerlines. This will allow for the attributes and segments to stay in tack. Q.A.: All files will be reviewed by a technician to ensure the correct scaling and rotation to the mapping control points. Step 7: Check -in the Control Points We will make a record of the locations of all control points prior to any adjustments. We will record the position of these points because they provide the primary method of controlling and constraining the remainder of the data. From this point, changes and adjustments to any COGO data will be precisely tracked. This will allow complete recreation of the data construction process. A check -in report has the X and Y locations of these points within plus or minus 2 feet prior to adjustment will be created. Errors within allowable tolerances will be adjusted to fit mapping control precisely. Step 8: Data Clean up The Purpose of this step is to correct dangles and overlaps within the Phase Area. Upon completion of data capture, this data will be cleaned with the required tolerance. Topological errors like duplicate features, dangles, pseudo nodes and others shall be identified and fixed. For this step internally developed tools such as dangle check, duplicate check and slivers check will be executed to ensure the required quality. a) If the error is less than the allowable tolerance, the subdivision will arbitrarily be adjusted to correct the overlap. b) If the error is more than the allowable tolerance, the gaps and overlaps will be systematically adjusted so that the error at any one point is not greater than the tolerance limit, In -house built tools will be used to distribute the difference evenly over an area so that any single distance between two points is not changed more than the allowable limit. 5 c) If the error is considered as a blunder, we will review the data to identify obvious blunders or errors. If we can confidently make a modification, we will do this and it will be documented. d) Finally, if the error is a blunder and we are unable to confidently resolve the problem, we will refer the situation to the City. A: The technician reviews the results of the Centroids Placer process to ensure that all lots have Centroids within them. Task 7: Delivery During the kick -off meeting D &W Consulting will schedule delivery meetings for delivering the parcels. There will be four deliveries made to the City. Delivery 1 Pilot project Delivery 2 First 10,000 parcels Delivery 3 Second 10,000 parcels Delivery 4 Third 10,000 parcels Delivery 5 Remaining parcels The deliveries will be scheduled so that the City has time to review and check all data before the next delivery. 6 Deliverables Over the course of the project D &W will make several deliverables to the City of Temecula. The deliverables will be as follows: Schedule Conversion Specifications Pilot Geodatabase Revised Conversion Specifications PAR's Final Geodatabase Monthly Project Status Reports Monthly Invoices 7 ATTACHMENT B PAYMENT RATES AND SCHEDULE Payment Schedule EXHIBIT B PAYMENT SCHEDULE 10% 6,337.00 Payment made at beginning of project kickoff 20% 12,674.00 Payment made at the completion of the Pilot Project (Task 4) 20% 12,674.00 Payment at acceptance of of project completion 40% 25,348.00 Payment at completion and acceptance of project 10% 6,337.00 Payment within 30 days following completion and acceptance of services for the project 100% 63,370.00 Total Amount for Consulting Services Contract Consultant's price rate and units /project hours are specified within the scope of work Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Tim Thorson, Director of Information Systems DATE: November 10, 2009 SUBJECT: Approval of Pre Qualified Vendor for HP Enterprise systems for the Old Town Civic Center, Project No. IS RFQ10 -09 (PH. 2) RECOMMENDATION: That the City Council: 1. Approve the HP vendor, listed below, as a Pre Qualified Value Added Resellerwith HP channel certifications. 2. Authorize staff to negotiate with Nth Generation Computing Inc. for terms and conditions required to satisfy the computing requirements for the Old Town Civic Center Phase 2 as established in the City's Information Systems Master Plan. BACKGROUND: The Old Town Civic Center Project Phase 2 consists of a new city administration building, City Hall with attached Council Chamber and semi attached auxiliary room. The Civic Center's enterprise computing system will be the foundation of its technology infrastructure, supporting and driving process improvement across City Hall. The City recognizes the critical need to be prepared for the explosion of new business applications, which includes the convergence of voice and video over Internet Protocol (IP) with fax and video servers providing tele- presence collaboration between conference rooms. To meet the requirements of these emerging technologies, the City has opted to pre qualify this requirement to ensure strict adherence to the specifications in the City's Information Systems Master Plan. These specifications will support the following: 1. HP C7000 Blade Systems 2. HP EVA4400 Storage Area Network (SAN) 3. VMware for Virtual Machine Architecture 4. HP Servers for Traffic Light Monitoring System 5. CommVault Simpana 8 Backup Software 6. HP Procurve Network Switches 7. HP Professional Services and Installation 8. System Training Education Approvals City Attorney Director of Finance City Manager Sief Paz, 42, Because of the size and complexity of the project it requires certified systems engineers and installers that have recent proven experience in the installation of large scale HP Enterprise Systems. On October 7, 2009, the Information Systems Department solicited a pre qualified vendor to purchase and install HP Enterprise Systems for Phase 2 of the Old Town Civic Center Project. A Request for Qualifications (RFQ10 -09) was submitted on PlanetBids with a final filing date of October 30, 2009. Only one vendor responded to the RFQ and meets the pre qualification criteria to bid on this project. The pre qualified vendor is: 1. Nth Generation Computing Inc. San Diego CA Staff is in the process of completing a specification package for Phase 2 HP Enterprise Systems purchasing and installation for the Old Town Civic Center Project. Once this is completed, the Information Systems Department will negotiate an agreement with this pre qualified vendor. FISCAL IMPACT: None. Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Herman D. Parker, Director of Community Services DATE: November 10, 2009 SUBJECT: Fourth Amendment to Contract with Meyer Associates Approvals City Attorney Director of Finance City Manager Sief Paz, 42, PREPARED BY: Cathy McCarthy, Community Services Superintendent RECOMMENDATION: That the City Council approve the fourth amendment to the agreement with Meyer Associates in the amount of $13,390, plus 10% contingency of $1,339. BACKGROUND: On November 22, 2005 the City and TCSD approved an agreement with Meyer Associates for the development of a conceptual master plan and plans and specifications for the Temecula Community Center (TCC) expansion project in the amount of $138,880. On July 10, 2007 Council approved the first amendment to the agreement in the amount of $70,052.50 for additional scope of work associated with grading plans and engineering costs. A Second Amendment was approved February 26, 2008 in the amount of $47,540. This amendment provided additional work associated with the plans and specifications for tenant improvements needed for the Escalier House and barn after relocation to the TCC property. On May 12, 2009 a third amendment was approved in the amount of $27,683.50 for additional work required for structural and electrical design. The fourth amendment before you provides a scope and cost for additional design work required for the barn. This work includes structural design for the floor and roof of the barn to meet requirements for storage and safety. Additional electrical design is also required due to a revision made by Edison for the service connection. The improvements to the TCC area will greatly enhance our ability to provide a full range of human service programs in one location within the City. FISCAL IMPACT: Community Development Block Grant (CDBG) funds for this amendment are available in the CIP account No. 210 190 -197. The additional cost associated with this amendment is $13,390 and a 10% contingency, which brings the total cost of this contract to $297,546 with a 10% contingency amount of $29,754. ATTACHMENTS: Fourth Amendment to Agreement FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MEYER AND ASSOCIATES TCC EXPANSION PROJECT THIS FOURTH AMENDMENT is made and entered into as of November 10, 2009, by and between the City of Temecula "City a municipal corporation, and Meyer and Associates "Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes which each party agrees to be true and correct: a. On November 22, 2005 the City and Meyer and Associates "Consultant entered into that certain agreement entitled "City of Temecula Agreement for TCC Expansion Project" "Agreement in the amount of $138,880. b. On July 10, 2007 the parties entered into the "First Amendment to Agreement" in the amount of $70,052.50. c. On February 26, 2008 the parties entered into the "Second Amendment to Agreement" in the amount of $47,540. d. On May 12, 2009 the parties entered into the "Third Amendment to Agreement" in the amount of $27,683.50 e. The parties now desire to increase the payment for services in the amount of $13,390 and amend the Agreement as set forth in this Fourth Amendment. 2. Section 5.a. Payment of the Agreement is hereby amended to read as follows: a. "The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The payment for the work required by the First Amendment to the Agreement shall not exceed seventy thousand fifty two dollars and 50/100 ($70,052.50) plus a 10% contingency in the amount of seven thousand five dollars and No /100 ($7,005.00). The payment for the work required by the Second Amendment to the Agreement shall not exceed forty seven thousand five hundred forty dollars ($47,540) plus a 10% contingency in the amount of four thousand seven hundred fifty four dollars ($4,754). The payment for the work required by the Third Amendment to the Agreement shall not exceed twenty seven thousand six hundred eighty three dollars and 50/100 ($27,683.50) plus a 10% contingency in the amount of two thousand seven hundred sixty eight dollars ($2,768). The payment for the work required by the Fourth Amendment to the Agreement shall not exceed thirteen thousand three hundred ninety dollars ($13,390) plus a 1 C:\Program Files\Neevia.Com\Document Converterltemp1950060.doc 10% contingency in the amount of one thousand three hundred thirty nine dollars ($1,339). The total amount of payment pursuant to the Agreement, as amended, shall not exceed the sum of two hundred ninety seven thousand five hundred forty six dollars ($297,546) plus the contingencies authorized by the original agreement and the First, Second, Third and Fourth Amendments." 3. Exhibits B and C to the Agreement are hereby amended by adding thereto the items set forth on Attachment "A" to this Fourth Amendment, which Attachment "A" is attached hereto and incorporated herein as though set forth in full. 4. Section 1, Term, is hereby amended to provide that the Agreement, as amended, expires on June 30, 2011. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement are hereby ratified and shall remain in full force and effect. 2 C: \Program Files \Neevia.Com\Document Converter\temp \950060.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. BY: 3 C:\Program Files\Neevia.Com\Document Converterltemp1950060.doc CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: BY: Susan W. Jones, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT: Meyer and Associates 23265 South Pointe Drive, Suite 102 Laguna Hills, CA 92653 Attention: Randy Meyer 949 380 -1151 949 -380 -8117 fax Randy Meyer, Principal EXHIBIT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 C: \Program Files \Neevia.Com\Document Converter\temp \950060.doc EXHIBIT A description of extra work ADDITIONAL ARCHITECTURAL DESIGN 1. Provide structural design and structural drawings for Barn floor improvements. Redesign Barn floor framing and foundation to support a 250 Ibs /s.f. live load. 2. Show location of future walk -in refrigerator /freezer and research probable unit weight for inclusion into floor framing redesign. 3. Provide coordination with Structural Engineer. 4. Research alternatives to previously approved quarry tile flooring. Modify previously prepared plans to indicate the alternate flooring choice. Alternative flooring choice shall comply with governing Health Department regulations. 5. Provide enhanced corner and wall protection at interior Storage Room. Choose materials and finishes that will comply with governing Health Department regulations. Provide exterior protection at double door improvements. 6. Provide a new Barn roof. Existing roof shingles shall be removed. New plywood sheathing and light weight roof shingles shall be installed over existing roof framing and existing roof sheathing. Seismic analysis and structural upgrades are not included. 7. Provide additional related Consultant management and project administration. 8. Review related RFI's and respond as necessary. 9. Review Contractor prepared Record Drawings. Prepare as -built drawings. Provide mylar plans of as -built conditions as recorded by the Contractor (post- construction). All as -built drawings shall be prepared by Architect and do not include changes by Subconsultant Engineers. ADDITIONAL STRUCTURAL ENGINEERING (DANIELS) 1. Provide structural design, calculations, and sketches to evaluate existing Barn floor framing and upgrade in order to support new floor loading of 250 Ibs /s.f. live load. 2. Coordination with Architect. 3. Review RFI's and respond as necessary. ADDITIONAL ELECTRICAL ENGINEERING (REEDCORP) 1. Eliminate 200A, 120/208V, 30, 4W power service for the House and Barn from the S.A.F.E. building. 2. Prepare SCE required forms, design package, and coordinate with SCE for new 120/208V, 3e, 3W power service with new dual meter pedestal. (Available service as explained by the City's SCE Service Planner to the Electrical Engineer). 3. Revise all electrical circuiting from 120/208V, 3o, 4W system to 120/208V, 1 o, 3W system. This includes revised electrical panel at each Historic Building (Barn and House). 4. Coordinate with Mechanical Engineer for revised AC unit power. 5. Provide estimated power capacity at Barn for future walk -in refrigerator and freezer. RESPONSIBILITIES OF THE CITY 1. If available, provide documents accurately describing the existing buildings. Coordinate and pay for required testing for hazardous materials, including asbestos investigation and report. Provide hazardous materials abatement specifications if necessary. 2. Coordinate and monitor document reviews, checking, and approvals. Pay all agency fees. 3. Pay for reproduction of final bid documents (plans and specs). 4. Provide construction administration and inspection services. 5. Provide any required environmental surveys and reports. 6. Furnish City's standard front end bid documents "Boiler Plate in final form for the project specifications. 7. Provide plan check submissions to City, County, State or Federal Agencies if necessary. 8. Provide access to all areas of the site necessary for Consultant reviews. Provide temporary lighting as necessary for detailed interior observations. 9 Coordinate all meetings with City Staff. 10. Provide specific architectural program and technical assistance regarding operation of the facility. 11. Provide any additional information required by the Consultant for proper performance of the work. 12. Provide documents or files to Contractor for as -built drawings. 13. Provide all hazardous materials investigations, reports, and specifications. 14. Attach this proposal (minimum Project Description, Scope of Services, and Fee Proposal) to any design services contract or contract addendum. EXCLUSIONS BY MEYER AND ASSOCIATES (Excluded services can be provided for additional fees). 1. All Consultant or Sub Consultant services that are not listed as services to be included in our Scope of Services. 2. All Sub Consultants and disciplines that are not listed as participants on our project team. 3. Excluded services include the following: a. Construction documents for improvements other than those listed in the Project Description. b. Artist's renderings or illustrations. Models. c. Environmental impact reports or similar documents. d. Plan check, permit or similar fees to governmental agencies. J. e. Unless authorized as extra services, preparation or modification of drawings or documents due to City changes to previously approved documents or City changes to previous City direction. f. Printing or reproduction of documents for project bidding or construction. 9. Studies or analyses not specifically listed as included. Any off -site studies or analyses. Investigations of existing building systems, barriers to the disabled, seismic conditions, etc. h. On -site field utility investigations in addition to pre planning document research information provided by Underground Service Alert. Utility pot holing. i. Additional soils investigations for agricultural suitability or foundation design. Additional participation by the Soils Engineer. Off -site services including off -site utility connections, studies, or research. k. Street improvement documents for signalized intersections or for street improvements. I. Consulting of any kind with respect to hazardous materials such as asbestos, mold, or lead paint. m. On -going grounds or building maintenance analyses or reports. n. Destructive testing, x -ray services, or other invasive building investigations. o. Materials demolition or removal for evaluations. p. Providing specialized testing equipment or specialty testing by specialty consultants. q. Fire sprinkler, fire alarm, or smoke control engineering or construction documents, design coordination with City vendors, plan set -up for design /build construction. r. Means of egress plan (typically not required by Fire Department for this project scope). s. Meetings or site visits in excess of those specifically outlined in this proposal. Timed egress analysis or fire modeling (not required by Fire Department for this project). u. Alternative or phased plans. v. Security system or alarm system design, design coordination with City vendors, plan set -up for design /build construction. w. Acoustical study or design by an acoustical consultant. x. Traffic or parking studies or reports. y. Furniture or equipment design, layout, specifications, or purchasing. Interior design. z. Wiring design for data and telephone. aa. Video systems. bb. Site retaining wall design. Building retaining walls or complex site retaining walls with special loading requirements (such as automobile surcharges, etc.), other than foundation walls. cc. Additional sub surface site drainage systems. dd. Pile and grade beam foundation system. ee. Prestressed concrete design. ff. Boundary survey. g g. Additional WQMP, SWPPP, or similar storm water management plans. BMP's. hh. Kitchen design. ii. Value engineering. Certifications of as -built or record documents for completeness or accuracy. The Architect will not have sufficient knowledge of the day -to -day operations of the Contractor to make such a certification. kk. Health Department submittals. II. Additional construction support services or post construction support services. mm.Additional improvements to the House or Barn buildings not listed as included. jj• nn. Additional Electrical Title 24 calculations. oo. Additional grading and drainage plans. Civil Engineering services. pp. Additional structural improvements to existing structures except as described herein. qq. Seismic analysis, seismic retrofit, or seismic related structural design of any to the existing structures. Design of any structure moving or relocation systems, or similar. Shoring or bracing design. rr. Additional site visits to document existing conditions. ss. Additional Consultant services or Subconsultant services in additional to those described in the Project Description. professional REIMBURSABLE ALLOWANCE 1. Plotting and Reproduction fees Meyer and Associates proposes following fees: (Itemized hours are estimates only ADDITIONAL ARCHITECTURAL DESIGN 1. Structural Drawings Architect: AutoCAD Operator: Word Processing: 2. Subconsultant Coordination Architect: 2.00 Hours 3. Walk -In Refrigerator /Freezer Research Architect: 1.50 Hours 4. Flooring Material Research and Modification Architect: 1 .50 Hours AutoCAD Operator: 2.00 Hours 5. Corner/Wall Protection Architect: 3.50 Hours AutoCAD Operator: 6.00 Hours 6. Roof Improvements Architect: AutoCAD Operator: 7. RFI's Architect: 8. Extra Work Administration Architect: Word Processing: 9. As -Built Drawings Architect: AutoCAD Operator: Reproduction: Word Processing /Clerical: SUBTOTAL to complete the proposed Scope of Work for the and may vary from actual hours expended per task). 2.00 Hours $125.00 /Hour 8.00 Hours $60.00 /Hour 1.00 Hour $40.00 /Hour $125.00 /Hour $125.00 /Hour $125.00 /Hour $60.00 /Hour $125.00 /Hour $60.00 /Hour 12.00 Hours $125.00 /Hour 16.00 Hours $60.00 /Hour 3.00 Hours $125.00 /Hour 2.00 Hours $125.00 /Hour 1.00 Hour $40.00 /Hour 2.00 Hours $125.00 /Hour 4.00 Hours $60.00 /Hour Allowance for Mylars 1.00 Hour $40.00 /Hour ADDITIONAL STRUCTURAL ENGINEERING (LUMP SUM FEE W/ PROBABLE HRS.) 1. Barn Floor and Foundation Design /Calculations Structural Engineer: 15.00 Hours $125.00 /Hour 2. Coordination Structural Engineer: 1.00 Hour $125.00 /Hour 3. RFI'S Structural Engineer: 1.00 Hour $125.00 /Hour 4. Architect's 15% Insurance and Administration SUBTOTAL ADDITIONAL ELECTRICAL ENGINEERING (LUMP SUM FEE W/ PROBABLE HRS.) 1. Revise Power Service to Barn and House Electrical Engineer: 8.00 Hours $125.00 /Hour AutoCAD Operator: 10.00 Hours $60.00 /Hour 2. Revise Electrical Circuiting Electrical Engineer: 8.00 Hours $125.00 /Hour AutoCAD Operator: 13.00 Hours $60.00 /Hour 3. Coordinate With Mechanical Engineer Electrical Engineer: 1.00 Hour $125.00 /Hour 4. Architect's 15% Insurance and Administration SUBTOTAL S S S 250.00 480.00 40.00 250.00 185.00 185.00 120.00 435.00 360.00 1,500.00 960.00 375.00 250.00 40.00 250.00 240.00 500.00 40.00 6,460.00 1,875.00 S 125.00 S 125.00 275.00 S 2,400.00 1,000.00 600.00 1,000.00 780.00 125.00 525.00 S 4,030.00 S 500.00 TOTAL ADDITIONAL FEE 13,390.00 Additional support services as requested shall be billed separately at the enclosed Standard Hourly Rates. Additional construction support services can be handled in the same manner. The above fees include costs for transportation, telephone, interim submittals, review specifications, and normal insurance coverage. Meyer and Associates understands the City will furnish information and services listed after our Scope of Services. These fees have been based on the Project Description and Scope of Work. Meyer and Associates will provide construction documents for improvements within the limits of the Project Description and Scope of Work. Documents for improvements exceeding the Project Description or Scope of Work are not included. Should the Project Description or Scope of Work be increased, the fee may be adjusted accordingly. Services will be billed on an hourly basis for actual work performed up to the total not -to- exceed fee. The breakdown of fees above is a guideline only to illustrate estimated fee components of the overall services. Without exceeding the not -to- exceed fee, actual work performed will be responsive to specific job requirements and may vary from the itemized listing above. standard hourly rates Project Coordinator 125.00 Project Architect 125.00 Project Landscape Architect 125.00 CAD Operator 60.00 Word Processor 40.00 Clerical 40.00 Principal Engineer Clerical 1. MEYER AND ASSOCIATES will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: 2. R.F. DANIELS AND ASSOCIATES will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: 125.00 40.00 3. REEDCORP ENGINEERING will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Electrical Engineer 125.00 Project Engineer 100.00 Designer 75.00 CAD 60.00 Clerical 40.00 fee notes 1. Consultation in connection with Contractor disputes, arbitration, litigation, court appearances and additional consultants will be quoted separately and is not a part of this proposal. 2. Additional billing classifications may be added to the above listing during the year as new positions are created. 3. It should be noted that the foregoing wage rates are effective through January 1, 2010. The rates may be negotiated with the City after that date to compensate for labor adjustments and other increases in costs. 4. Services of outside consultants not listed in this proposal shall be billed at our direct cost, plus 15% of the actual cost of their services for coordination. 5. Reimbursable items, such as the cost of blueprinting, graphic reproduction, FAX, and plotting shall be billed at our direct cost plus 15 6. It is the responsibility of Meyer and Associates to schedule the project's completion under normal conditions without the use of its staff on an overtime basis. If the City adjusts the deadline or requests that work be completed earlier than originally scheduled and thus requires overtime, the fees shall be adjusted to cover the increased costs incurred by Meyer and Associates. The hourly rates for overtime will be one and one -half (1 times the standard hourly rates except for Sundays and holidays, which will be two (2) times the standard hourly rates. 7. We will bill on a monthly basis in proportion to the time spent on the project. All billing statements are due upon receipt. Interest will be charged at the rate of 1 Y2 per month on the past due balance thirty days and over. Meyer and Associates shall have the right to stop work should accounts become past due. 8. Fees contained herein are valid for 2 months from the date of this Proposal. Item No. 18 ORDINANCE NO. 09 -07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.20.070 OF THE TEMECULA MUNICIPAL CODE, REPORTING AND REMITTING, AND 3.20.110, APPEAL, OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 3.20.07 of the Temecula Municipal Code is hereby amended to read as follows: "3.20.070 Reporting and Remitting. Each operator shall, on or before the last day of the month following the close of each calendar month or of such different reporting period as may be established by the tax administrator, make a return to the tax administrator, on forms provided by the tax administrator, of the total rents charged and received, the amount of tax collected for transient occupancies, and such other information as may be reasonably required. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator. The tax administrator may establish either shorter or longer reporting periods for any individual certificate holder or category of certificate holders if the tax administrator deems it necessary or desirable in order to insure collection of the tax or to increase the efficiency of its administration. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator. The return and tax payment shall be deemed timely made if postmarked by the United States Postal Service on the date due." Section 2. Section 3.20.110 of the Temecula Municipal Code is hereby amended to read as follows: "3.20.110 Appeal. A. Any operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties or other decisions of the tax administrator "tax determination may appeal the tax determination pursuant to the provisions of this Section. Any operator appealing the tax determination pursuant to the provision of this Section shall pay the costs of a hearing officer to hear the appeal, unless such operator substantially prevails on the appeal. B. The right to file a written appeal shall terminate upon the expiration of fifteen (15) calendar days of the date of the serving or mailing of the tax determination. The written appeal shall be filed with the City Clerk of the City of Temecula and shall be accompanied by an appeal fee R: /Ords 2009 /Ords 09 -07 1 in an amount as set by City Council resolution, which amount shall include a deposit for the costs of the hearing officer. The City Clerk shall promptly forward a copy of the appeal to the tax administrator. C. In the event an appeal is timely filed, the tax determination shall not be effective until a final decision has been rendered by the hearing officer pursuant to this section. If no timely appeal is filed, the tax determination shall become effective upon expiration of the period for filing appeals. D. Upon receipt of a timely appeal, the City Clerk shall select a hearing officer to conduct the appeal hearing. Not later than fifteen (15) days after the filing of the notice of appeal, the City Clerk shall notify the tax administrator and operator of the name of the proposed hearing officer. The tax administrator or operator may reject a proposed hearing officer once without cause and any subsequent proposed hearing officers only on the basis of actual bias upon notifying, not later than five (5) days after the date of mailing the notice of the name of the proposed hearing officer, the City Clerk in writing that he or she elects to reject the proposed hearing officer. The hearing officer shall be fair, impartial, and knowledgeable in municipal affairs, and shall have no bias for or against the tax administrator or operator. E. The City Clerk shall then set the hearing for a date not less than fifteen (15) days after the mailing of the notice of hearing nor more than thirty (30) days after the mailing of the notice of hearing. The parties may in writing agree to a continuance of the hearing date. On the motion of a party and for good cause shown, the hearing officer may continue the initial hearing date. F. At the appeal hearing, the hearing officer shall receive oral and written evidence from the tax administrator and operator. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have full and complete authority to control the proceedings and to provide for cross examination of witness in a fair and impartial manner. The tax administrator shall have the burden of proof to establish by clear and convincing evidence the facts upon which tax determination is based. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The hearing officer may continue the appeal hearing from time to time, but R: /Ords 2009 /Ords 09 -07 2 only upon written motion of a party showing good cause for the continuance. G. The hearing officer may uphold, modify or reverse the tax determination. Within ten (10) days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision and file it with the City Clerk. The findings of the hearing officer shall be final and conclusive. Upon receipt of the hearing officer's decision, the City Clerk shall send a copy of it to the tax administrator and operator, along with a proof of mailing. If the Appellant prevails following a final decision, the appeal fee shall be returned without interest. Any amount found to be due shall be due and payable within ten days upon the service of notice H. Any legal action challenging the hearing officer's decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the hearing officer's decision, pursuant to 1094.5, et seq. of the California Code of Civil Procedure. The provision of this section shall be the exclusive appeal procedure for decisions under this Chapter 3.20 and the provisions of Chapter 2.36 of this Code shall not be applicable to decisions under this chapter." Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10 day of November, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R: /Ords 2009 /Ords 09 -07 3 Maryann Edwards, Mayor STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 09 -07 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 27 day of October, 2009, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10 day of November, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: R: /Ords 2009 /Ords 09 -07 4 Susan W. Jones, MMC City Clerk 1 TEMECULA COMMUNITY SERVICES DISTRICT RECOMMENDATION: ACTION MINUTES of OCTOBER 27, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:19 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 10 Action Minutes Approved Staff Recommendation (5 -0 -0) Director Comerchero made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval. 10.1 Approve the action minutes of October 13, 2009. 11 Award a Construction Contract for Redhawk Park Improvements, Project No. PW06- 06 /CSD08 -004 Approved Staff Recommendation (5 -0 -0) Director Comerchero made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval. RECOMMENDATION: 1 1 .1 Award a construction contract for Redhawk Park Improvements, Project No. PW06 -06, to IAC Engineering, Inc. in the amount of $787,094.92; 1 1 .2 Authorize the General Manager to approve change orders up to 10% of the contract amount, $78,709.49; 11.3 Make a finding that the Redhawk Park Improvements Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. CSD DEPARTMENTAL REPORT 12 Community Services Department Monthly Report 1 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:23 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, November 10, 2009, at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk /District Secretary [SEAL] 2 Chuck Washington, President 1 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 10, 2009 SUBJECT: Harveston Lake Paddleboat Concession Agreement Approvals City Attorney Director of Finance City Manager Sief Paz, 42, PREPARED BY: Cathy McCarthy, Community Services Superintendent RECOMMENDATION: That the Board of Directors approve the Harveston Lake Paddleboat Concession Agreement with Keith Gors dba Goodtime Rentals for a three year term. BACKGROUND: Goodtime Rentals has provided paddleboat services at Harveston Lake Park since September 2005. The original agreement has expired and Goodtime Rentals would like to continue operating the paddleboat concession. Four years ago when the City established this partnership with Goodtime Rentals there were no paddleboat concessionaires in our area with interest in providing this service. This is still the case. As a result, staff is recommending continuing this concession agreement with Goodtime Rentals. The paddleboat operation has been well received by the community, providing the opportunity for residents to enjoy a leisure day on the lake. This new agreement would be for a period of three years with the option of two one year extensions. Harveston residents receive a reduced rate on the rental fees since they are contributing to the maintenance costs of the Lake Park through the CFD. Goodtime Rentals will pay the TCSD a lease payment of $250 per month plus 5% of the gross receipts over $2,000. FISCAL IMPACT: The agreement would provide the TCSD with a monthly payment of $250 plus 5% of the gross sales over $2,000 per month. Revenue is estimated to be approximately $3,000 annually. ATTACHMENTS: Harveston Lake Paddleboat Concession Agreement HARVESTON LAKE PADDLEBOAT CONCESSION AGREEMENT This Concession Agreement "Agreement is made and entered into as of November 10, 2009 between the TEMECULA COMMUNITY SERVICES DISTRICT, a community service district "TCSD and Keith Gors, dba Goodtime Rentals (hereinafter referred to as "Concessionaire For and in consideration of the mutual covenants and agreements herein contained, the parties agreed as follows: AREAS AND FACILITIES TO BE LICENSED TO CONCESSIONAIRE TCSD hereby grants to CONCESSIONAIRE the non exclusive license to use the property shown in Exhibit "A" (Premises) described herein, along with the rights granted in Section 2, CONCESSION RIGHTS GRANTED, which shall be exercised within Harveston Lake Park (`Park during the term of this Agreement. CONCESSIONAIRE accepts the Premises in its existing condition, agrees to provide all maintenance, repair and replacement, unless otherwise provided herein, and shall return it to TCSD at the end of this Agreement in like condition, excepting normal wear and tear. TCSD agrees to provide reasonable access to Concessionaire to the Park during normal hours. 1. CONCESSION RIGHTS GRANTED. CONCESSIONAIRE shall have the exclusive right and obligation to develop, maintain and operate a paddle boat rental business at Harveston Lake Park "Concession pursuant to the terms of this Agreement. CONCESSIONAIRE shall comply with the management plan for the Concession attached hereto as Exhibit "B," Management Plan "Management Plan In the event any portion of the Management Plan conflicts with this Agreement, this Agreement shall control. 2. TERM The term of this Agreement is for a period of three (3) years, commencing on October 1, 2009 and ending September 30, 2012, unless sooner terminated or extended as otherwise provided in this Agreement. The TCSD may elect, in its sole discretion, to extend this agreement for two one -year extensions. The TCSD General Manager is hereby authorized to extend the term pursuant to this section. 1 3. MINIMUM MONTHLY CONCESSION FEE /RENT A. CONCESSION FEE /RENT: In consideration for rights granted, CONCESSIONAIRE shall pay as a minimum monthly concession fee and rent in the amount of two hundred fifty dollars ($250.00) per month plus five percent (5 of the Gross Income in excess of two thousand dollars ($2,000.00). B. PAYMENT DATE: All Agreement payments are due and payable quarterly on or before October 10, January 10, April 10 and July 10 of each year for such payments due from the prior quarter and shall be accompanied by the monthly report required by Paragraph 7C, Monthly Reports. C. LATE PAYMENT PENALTIES: If any rent payment is not received when due and payable, CONCESSIONAIRE shall pay to TCSD an additional fifty dollars ($50.00) each as an administrative processing charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that TCSD shall incur by reason of late payment by CONCESSIONAIRE. Acceptance of a late charge shall not constitute a waiver of CONCESSIONAIRE's default with respect to the overdue amount or prevent TCSD from exercising any of the other rights and remedies available to TCSD. Agreement fees not paid when due shall bear simple interest from the date due until paid in full at the rate often percent (10 per year. D. GROSS INCOME: The term "Gross Income as used in this Agreement, is defined as all money, cash, receipts, including, but not limited to, gross charges, rentals, sponsor payments, fees and commissions made, or earned, and all gross sums received by CONCESSIONAIRE when collected or accrued, the concession authorized by this Agreement, use or occupation of the Premises. (1) There shall be no deduction from Gross Income of any overhead or expense of operation, such as, but without limitation to, salaries, wages, cost of goods, advertising, interest, debt amortization, discount, collection, insurance and taxes. (2) Gross Income, however, shall not include Federal, State of California, or Municipal sales and excise taxes, which may be required to be collected by CONCESSIONAIRE. 2 4. SECURITY DEPOSIT A. Prior to the commencement of the term of this Agreement, CONCESSIONAIRE shall deposit in a local bank, or savings and loan company having F.D.I.C., or F. S.L.I.C., in favor of the City of Temecula, the amount of One Thousand Dollars ($1,000.00). B. If CONCESSIONAIRE defaults in payment of rent or any of the terms, provisions, covenants and conditions of this Agreement, CITY may use, apply, or retain the whole or any part of this security for the payment of any rent or payment in default or for any other sum which the CITY may spend or be required to spend by reason of CONCESSIONAIRE's default. C. The security deposit or any balance remaining of the security deposit, less any deductions per Section 5.B., shall be returned to CONCESSIONAIRE, without interest, within fourteen (14) days of the termination or expiration of this Agreement. D. CITY may require, at any time, that the security deposit be increased in proportion to the amount that minimum monthly rent or payment has increased. E. In the event CITY uses part or all of the security deposit as provided herein, CONCESSIONAIRE shall replenish the security deposit in the amount used within ten (10) days of notice from CITY. 5. IMPROVEMENTS AND ALTERATIONS. CONCESSIONAIRE may make minor improvements or alterations to the interior Premises only after first having received written approval from Director of Community Services, or his or her designee "Director The Director may condition the approval as he or she deems appropriate. All improvements and alterations made by CONCESSIONAIRE with the approval of the Director shall remain the property of the CONCESSIONAIRE during the term of this Agreement, but become the property of the TCSD at the end of the term of this Agreement and/or upon any termination of this Agreement, unless otherwise agreed upon in writing prior to commencing construction of the improvement /alteration. 3 6. MANAGEMENT REQUIREMENT A. CONCESSIONAIRE shall operate and manage the Concession, its service and facilities in a professional, business -like manner in accordance with the Management Plan, and shall comply with all applicable local, state and federal laws, ordinances and regulations and all Park rules and regulations. B. CONCESSION EMPLOYEES: CONCESSIONAIRE shall ensure that its employees, agents and contractors at all times conduct themselves in a professional manner, and that they conform to all applicable statutes, rules, regulations, and requirements, as well as rules and regulations as hereafter may be promulgated or put into operation by the TCSD or applicable governmental jurisdiction. CONCESSIONAIRE shall maintain a staff adequate to operate and administer all Concessions and facilities located on the Premises in a safe and orderly manner CONCESSIONAIRE agrees to replace personnel whenever demanded by TCSD, upon due cause being shown. Employees of CONCESSIONAIRE shall wear an easily identifiable visual uniform approved by the Director, so the public can recognize this person as associated with CONCESSIONAIRE. CONCESSIONAIRE and all employees shall wear a Name Tag in such form as approved by the Director. C. HOURS OF OPERATION: The Concession shall be open for business during the published hours and days set forth in the Management Plan. Operating hours may be reasonably adjusted by Director to reflect seasonal customer traffic levels and special events or special circumstances. CONCESSIONAIRE shall provide schedule of operating hours for each quarter for review and approval to Director thirty (30) days prior to the start of each calendar quarter. D. EQUIPMENT RENTAL: CONCESSIONAIRE's sole service is to rent paddleboats for use on Harveston Lake. CONCESSIONAIRE shall provide life jackets and flotation cushions to its patrons without charge. TCSD retains the right to require CONCESSIONAIRE to discontinue the rental or use of those items, which the Director reasonably determines are not of high standards or are not consistent with the current operations of the Park, upon five (5) days notice by the Director. 4 E. PRICES AND RATES: CONCESSIONAIRE shall provide TCSD access to and the right to inspect the prices and rates for rentals upon the Premises. All rentals in said Concession shall be at prices and rates that compare favorably with prices and rates put upon similar rentals by like businesses in Southern California. Prior to the commencement of the Concession and on or before May 15 of each year, CONCESSIONAIRE shall provide Director an inventory list of its proposed fees, rates and prices for the next twelve (12) months, including justification for any increase /decrease. CONCESSIONAIRE shall provide a discount to residents of the Harveston Tracts. Director shall, following consultations with the CONCESSIONAIRE: (1) approve or conditionally approve in writing all prices and rates; (2) designate in writing, the discount for Harveston residents; and (3) designate in writing the specific Harveston areas whose residents shall be entitled to the discount. CONCESSIONAIRE shall keep a schedule of its fees and rates in a conspicuous place on the Premises at all times. All rentals in said Concession shall be at prices and rates approved by the Director. F. USE OF NAME: All advertising, promotion and notices related to the operation of Premises, which has not been approved as part of the Management Plan, shall have the prior written approval by Director. This provision includes, but is not limited to, written and pictorial advertisement in television, radio, live simulcasts, ticket printing, handbills, posters, flyers, newspapers. Any and all advertising shall bear /display the phrase "Approved CONCESSIONAIRE of the Temecula Community Services District." G. SIGNS: All signs, banners /flags and their location on the Premises, shall be approved by the Director prior to placement and shall be placed at CONCESSIONAIRE's expense. H. ADVERTISING: TCSD may, but is not required, to promote CONCESSIONAIRE's activities and the Concession in TCSD's advertising notices of public events, and promotional literature and broadcasts. CONCESSIONAIRE may, but is not required, design and install an internet web page. I. RULES AND REGULATIONS: CONCESSIONAIRE shall conform to and abide by all rules and regulations relating to the operation herein authorized and is subject at all times to applicable rules, regulations, resolutions, laws, ordinances, and statutes of the TCSD or the City of Temecula, State of California, the federal government, and all other governmental 5 agencies having jurisdiction over the Park, Premises and/or Concession operation. Where permits are required for such operations, the same shall first be had and obtained from the regulating body having jurisdiction thereof, before such operation is undertaken. 7. RECORDS AND ACCOUNTS A. RECORDS AND ACCOUNTS: CONCESSIONAIRE shall, at all times during the term of this Agreement keep, or cause to be kept, true and complete books, records, and accounts of all financial transactions relating to Gross Income in such form as may be required by the Director of Finance. The records shall be supported by documents from which the original entry of the transaction was made, including sales slips or cash register tapes, or both. All financial records and writings of the CONCESSIONAIRE relating to the Concession and this Agreement, including without limitation writings related to the Gross Income, in whatever form and whether maintained, prepared or stored by the CONCESSIONAIRE or his employees or agents, shall be referred to as the "Books and Records." The Books and Records shall be maintained and safeguarded by CONCESSIONAIRE for a period of three (3) years from and after the date of the expiration or termination of this Agreement, unless otherwise approved in writing by the Director of Finance. B. RECORDATION OF SALES: All sales and charges shall be recorded by means of sales invoices, tickets or cash registers which display to the customer the amounts of the transactions and either physically or automatically issue receipts certifying the amounts recorded. The Director of Finance shall approve the forms or devices to be used in the recording of cash or charge sale transactions. C. MONTHLY REPORTS: CONCESSIONAIRE shall deliver to TCSD, no later than the tenth (10th) day following the end of each calendar quarter a true and correct certified statement of all Gross Income for the preceding calendar quarter, showing separately the receipts from each activity conducted pursuant to this Agreement. D. INSPECTION OF RECORDS: All Books and Records shall at all reasonable times be open and made available for inspection or audit by TCSD, its agents or employees, upon prior request. 6 E. AUDIT: TCSD has the right to during the term of this Agreement or within three (3) years after the expiration or termination of this Agreement, to audit the Books and Records for the purpose of verifying the payments required to be paid to TCSD hereunder. The audit shall be at no cost to CONCESSIONAIRE, provided, however, that in the event that such audit shows that CONCESSIONAIRE understated Gross Income by more than ten percent (10 the reasonable cost of the audit shall be paid by CONCESSIONAIRE within ten (10) days after the audit report is furnished to CONCESSIONAIRE. Additionally, within such ten (10) days, CONCESSIONAIRE shall pay to TCSD the full amount of any underpayment demonstrated by such audit, together with simple interest on the amount of such underpayment at the rate of ten percent (10 per year from the original due date of the underpayment until the underpayment is paid in full. TCSD reserves the right to install any accounting devices or machines, with or without personnel, for the purpose of accounting or audit. 8. REPAIRS AND MAINTENANCE CONCESSIONAIRE agrees to maintain its rental equipment and the Premises in a clean, neat, safe, inviting and professional condition. CONCESSIONAIRE agrees to repair any damage and to include all equipment and fixtures to the Premises commencing within ten (10) days of such damage, except that CONCESSIONAIRE shall perform its obligations immediately if the nature of the problem presents a hazard or emergency. In addition to its obligations under this Agreement, CONCESSIONAIRE shall immediately notify the Director if any condition of the Premises presents a hazard or emergency. If CONCESSIONAIRE does not perform its obligations with the time limitations in this paragraph, TCSD after giving CONCESSIONAIRE at least ten (10) days advance notice except in an emergency /hazard, may perform the repairs and have the right to be reimbursed for the sum it reasonably expends (including charges for TCSD employees and equipment). CONCESSIONAIRE further agrees that it shall make no major repairs or maintenance to said Premises without, in each case, the written consent of Director having first been obtained, including, but not limited to, structural, electrical and plumbing modifications. Further, that in the event any major repairs or maintenance in or to said Premises are made necessary for any reason whatsoever, CONCESSIONAIRE shall submit plans and specifications to Director for approval thereof If Director determines that the repairs and maintenance are acceptable, CONCESSIONAIRE shall pay to the contractor all costs involved in completion of the approved requests. TCSD reserves the right for its authorized agents, employees, or representatives to enter the Premises during normal business hours and at any 7 in an emergency /hazard, to inspect the same or any part thereof and to attend or protect the TCSD's interest under this Agreement. CONCESSIONAIRE shall repair or replace all rental equipment as recommended by the manufacturer or an authorized dealer or repair shop. 9. TAXES A. CONCESSIONAIRE recognizes and understands that this contract may create a possessory interest subject to property taxation and that CONCESSIONAIRE may be subject to the payment of property taxes levied on such interest. B. CONCESSIONAIRE covenants and agrees to pay all taxes, including possessory interest tax, and assessments upon all improvements, fixtures, furniture, and other property owned by CONCESSIONAIRE and used in the exercise of CONCESSIONAIRE's rights under this Agreement or levied by reason of the CONCESSIONAIRE's operations pursuant to this Agreement. 10. INDEMNITY AND INSURANCE A. DISCLAIMER OF LIABILITY: Temecula Community Services District "TCSD and the City of Temecula shall not liable at any time for loss, damages, or injury to the person or property of any person whomsoever at any time, occasioned by or arising out of any act of CONCESSIONAIRE or of anyone holding under CONCESSIONAIRE, nor for the occupancy or use of the Premises or any part thereof by or under the CONCESSIONAIRE, nor directly or indirectly from any state or condition of said Premises or any part thereof during the term of this Agreement. B. HOLD HARMLESS AGREEMENT. CONCESSIONAIRE shall indemnify, defend with counsel approved by the Director and hold harmless the TCSD, the City of Temecula and their authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and /or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person, and for any costs or expenses incurred by the TCSD, the City of Temecula or their authorized officers, employees, agents and volunteers on account of any claim therefore, except where such indemnification is prohibited by law. 8 C. INSURANCE REQUIREMENTS. Without in any way affecting the indemnity herein provided and in addition thereto, the CONCESSIONAIRE shall secure and maintain throughout the Agreement the following types of insurance with limits as shown: (1) Workers' Compensation A program of Workers' Compensation insurance or a state approved Self- Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability in the policy amount of one million dollars ($1,000,000), covering all persons providing services on behalf of the CONCESSIONAIRE and all risks to such persons under this Agreement. (2) Comprehensive General and Automobile Liability Insurance This coverage shall include general liability, contractual, products and complete operations coverage and automobile liability coverage for owned, hired and non -owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than two million dollars ($2,000,000). The policy for comprehensive general liability insurance shall be Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. The automobile liability policy shall be Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the CONCESSIONAIRE owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. If separate policies are obtained, General Liability shall be two million dollars ($2 million) and Automobile Liability shall be one million dollars ($1 million). (3) Fire Insurance: Adequate to cover full cash value of CONCESSIONAIRE's personal property, CONCESSIONAIRE's improvements and betterments located on the Premises. (4) Fire Legal Liability: Adequate to cover full cash replacement value of TCSD's improvements and structures on the premises. (5) Acceptability of Insurers. Insurance shall be placed with insurers with a current A.M. Best's rating of no less than A -:VII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. 9 D. Additional Named Insured All policies, except for the Worker's Compensation, shall contain additional endorsements naming the TCSD, the City of Temecula and their officers, employees, agents and volunteers as additional insured with respect to liabilities arising out of the performance of services hereunder. E. Waiver of Subrogation Rights CONCESSIONAIRE shall require the carriers of the above required coverages to waive all rights of subrogation against the TCSD, City of Temecula its officers, employees, agents, volunteers, contractors and subcontractors. F. Policies Primary and Non Contributory All policies required above are to be primary and non contributory with any insurance or self insurance programs carried or administered by the TCSD or the City of Temecula. G. Proof of Coverage CONCESSIONAIRE shall immediately furnish certificates of insurance from the insurance company or its duly authorized agent for the issuance of certificates of coverage to the Director, evidencing the insurance coverage, including endorsements, above required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated, suspended, modified or expire without thirty (30) days written prior written notice by certified mail, return receipt requested, to the Director or such alternate notice as may be as may be approved by the Director of Finance, and CONCESSIONAIRE shall maintain such insurance from the commencement date of the term hereunder until the termination of the Agreement. Prior to the commencement of the term of this Agreement, the CONCESSIONAIRE shall furnish certified copies of the policies and all endorsements. H. Insurance Review The above insurance requirements are subject to periodic review by the TCSD. The Director of Finance is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Director of Finance determines that any of the above insurance is not available, is unreasonable priced, or is not needed to protect the interests of the TCSD. In addition, if the Director of Finance determines that heretofore unreasonable priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Finance is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher 10 coverage limits, provided that any such change is reasonable in light of past claims against the TCSD, inflation, or any other item reasonably related to the TCSD's risk. Failure to Have Insurance: In the event TCSD receives a notice of cancellation concerning any of the required policies, or should CONCESSIONAIRE fail to have in effect the required coverage at any time during this Agreement, TCSD may give notice to CONCESSIONAIRE to immediately suspend all CONCESSIONAIRE business activities on the Park and /or notice to reinstate or acquire the affected coverage. Should CONCESSIONAIRE fail to reinstate or acquire the affected coverage within ten (10) days of TCSD's notice to reinstate or acquire such coverage, TCSD may either terminate this Agreement, reinstate or acquire the affected coverage, and CONCESSIONAIRE shall reimburse TCSD for the necessary cost at TCSD's option. If CONCESSIONAIRE does not reimburse TCSD within ten (10) days after demand by TCSD, TCSD shall have the right to withhold from future amounts due under this Agreement or otherwise due to CONCESSIONAIRE the sum TCSD has expended until TCSD is reimbursed in full. J. TCSD shall have no liability for any premiums charged for such coverage(s). The inclusion of the TCSD, the City of Temecula, their employees, agents, officials and volunteers as additional named insured is not intended to and shall not make them or any of them a partner or joint venturer with CONCESSIONAIRE in CONCESSIONAIRE's operations at the Park. K. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, TCSD, their employees, agents, officials and volunteers. L. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the policy. 11. ASSIGNMENT AND SUBLETTING This Agreement and concession rights are not assignable. CONCESSIONAIRE shall not voluntarily assign or encumber its interest in this Agreement or in the Premises, or any options contained in this Agreement, or sub agreement all or any part of the Premises, or allow any other person or entity (except CONCESSIONAIRE's authorized representatives) to occupy or use all or any part of the Premises. Any assignment, encumbrance, or sub agreement is voidable and, at 11 TCSD's election, shall constitute a default. No consent to any assignment, encumbrance, or sub agreement shall constitute a further waiver of the provisions of this paragraph. 12. INTEGRATION OF AGREEMENTS This Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreement or understanding, whether oral or in writing, pertaining to any such matter shall be effective for any purpose. 13. AMENDMENTS No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by its terms an intention to modify this Agreement. 14. VIOLATION OF AGREEMENT A. DEFAULT: In the event that CONCESSIONAIRE violates any of the terms and conditions of this Agreement, TCSD may give CONCESSIONAIRE notice of specific violation and demand for correction. B. TERMINATION FOR CONVENIENCE. TCSD may terminate this Agreement for any reason, with or without cause, on sixty (60) days written notice to CONCESSIONAIRE. C. TERMINATION FOR DEFAULT: If, within fifteen (15) days after notice and demand, other than insurance or the payment of money due to TCSD, CONCESSIONAIRE has not commenced correction of the violation or shown acceptable cause therefore, TCSD has the right to immediately terminate this Agreement and pursue any and all remedies provided by law. TCSD has the right to terminate this Agreement on account of failure by CONCESSIONAIRE to correct a default in insurance or the payment of money owed to TCSD within five (5) working days after notice and demand for correction. In the event of termination for default, TCSD has the right of immediate ownership of all buildings and improvements within the Premises. D. LIABILITY FOR BREACH: Termination for default shall not excuse CONCESSIONAIRE from any liability for breach of contract and any damages to which the TCSD may be entitled pursuant to applicable law. 12 E. The receipt by the TCSD of any rent or of any other sum of money paid by CONCESSIONAIRE after any default, the termination and forfeiture of this Agreement for any reason, or after the giving by TCSD of any notice to effect such termination, shall not waive the default, reinstate, continue or extend the term of this Agreement, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given hereunder by TCSD to the CONCESSIONAIRE prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the TCSD. Neither acceptance of the keys nor any other act of the TCSD or its agents or employees during the term of this Agreement shall be deemed to be an acceptance of a surrender of the Premises, excepting an agreement in writing signed by the TCSD agreeing to accept such surrender. 15. CONDITIONS AND SURRENDER OF PROPERTY AND TERMINATION OF AGREEMENT A. TCSD PROPERTY: CONCESSIONAIRE shall, upon termination for any reason, surrender the Premises, and all fixed improvements in a condition equal to that when received, normal wear and tear excepted. B. CONCESSIONAIRE PROPERTY: CONCESSIONAIRE further agrees, in addition to the above, upon termination for any reason, to remove all goods, chattels, fixtures and equipment belonging to CONCESSIONAIRE from the Premises. Following the removal of such goods, chattels, fixtures, and equipment belonging to CONCESSIONAIRE, CONCESSIONAIRE shall repair any damage or injury to the said Premises or to any building, structure, or improvement located thereon, occasioned by installation or removal thereof. In the event that said goods, chattels, fixtures, and equipment are not removed within ten (10) days after the expiration of this Agreement or its termination for any other reason, CONCESSIONAIRE shall be deemed to have abandoned to TCSD the facilities, equipment, fixtures, goods, chattels, and any other property not so removed, at option of TCSD. If TCSD enters the Premises but elects not to exercise its option of having said property revert to TCSD, TCSD may remove the unclaimed property and dispose of it. CONCESSIONAIRE shall pay to TCSD the reasonable cost of such removal and disposal. 13 16. NOTICE A. All notices, approvals, consents or other communications required or permitted to be given under this Agreement or under the unlawful detainer statutes of California shall be given to the respective parties in writing, by registered or certified mail, postage prepaid or by personal service to the following: (i) If to TCSD: TCSD of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, Ca. 92589 -9033 Attention: Director of Community Services (ii) If to CONCESSIONAIRE: Keith Gors Goodtime Rentals 29690 Longhorn Drive Canyon Lake, CA 92587 B. Notices may be given at such other address or to such other persons as either of the parties may from time to time designate by notice given as herein provided. C. Notices, etc., given by registered or certified mail shall be deemed delivered two (2) TCSD business days after being mailed. 17. EASEMENTS, TRUSTS AND WARRANTIES A. EXISTING ENCUMBRANCES: It is expressly understood and agreed that this Agreement and all rights and privileges hereunder granted are subject to all easements and rights -of -way now existing in, to, under, or over the Premises for any purposes whatsoever. It is further understood and agreed that this Agreement and any of the rights and privileges herein granted is subject to any and all grants, reservations, conditions, Agreements, restrictions, and trusts upon which the Premises is held by TCSD or the City of Temecula; and CONCESSIONAIRE covenants and agrees, any provision in this Agreement to the contrary notwithstanding, that it shall not use or permit the Premises to be used for any purpose inconsistent with any of the grants, reservations, conditions, Agreements, restrictions and trusts 14 upon or under which said lands are held by TCSD or the City of Temecula, the terms of which are hereby incorporated into this Agreement as if set forth in full. B. NO WARRANTS: TCSD makes no warrants, except as specifically provided in this Agreement. In the event that this Agreement or any provision thereof is determined to be null and void by a court of competent jurisdiction, neither TCSD nor any of its officers, agents, or employees shall be liable to CONCESSIONAIRE, or to any person holding under or through CONCESSIONAIRE for any claim, loss or damage of any nature whatsoever suffered or alleged to be suffered by CONCESSIONAIRE or such person by reason of such determination. C. ASSUMPTION OF RISK: CONCESSIONAIRE assumes all risks incident to the use or occupation of the Premises in their present condition or in any condition thereof which may prevail during the term of this Agreement. This paragraph shall not relieve TCSD for the actions of its own agents or employees occurring after the commencement of this Agreement. 18. MISCELLANEOUS A. NO PARTNERSHIP: It is expressly understood and agreed that TCSD nor any of its officers, agents, volunteers or employees do not, in any way nor for any purpose, become a partner, agent, principle of, or a joint venturer with CONCESSIONAIRE by reason of any provision of this Agreement. B. BINDING EFFECT: Each and all of the covenants, conditions, and agreements herein contained shall, in accordance with the context, inure to the benefit of TCSD and apply to and bind CONCESSIONAIRE, its principals, employees, heirs, legatees, devisees, executors, administrators, successors, agents, and approved assignees. C. CAPTIONS: The captions of articles and paragraphs of this Agreement are for convenience only and do not in any way limit or amplify terms and provisions hereof. D. NO WAIVER: No waiver by TCSD at any time of any of the terms and conditions of this Agreement shall be deemed to operate as a waiver at any time thereafter of the same or of any other terms or conditions contained herein or of the strict and timely performance of such terms and conditions. 15 E. NO DISCRIMINATION: CONCESSIONAIRE shall comply with all applicable anti discrimination laws and regulations. F. DIRECTOR: The Director of Community Services is responsible for the enforcement of this Agreement on behalf of TCSD and other duties set forth in this Agreement. As used in this Agreement, "Director" means the Director of Community Services of the City of Temecula or his or her designee. G. TIME OF ESSENCE: Except as otherwise specifically provided, time is of the essence of each provision of this Agreement which specifies a time within which performance is to occur. In the absence of any specified time for performance, performance may be made within a reasonable time. H. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against a party hereto and payable under Paragraph 10, INDEMNITY AND INSURANCE. VENUE: The parties acknowledge and agree that this Agreement was entered into and intended to be performed in the City of Temecula, California. The parties agree that the venue for any action or claim brought by any party to this Agreement shall be Riverside County. Each party hereby waives any law or rule of court which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third party, the parties hereto agree to use their best efforts to obtain a change of venue to the Riverside County. J. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the term of this Agreement, shall survive the termination of this Agreement. K. INTERPRETATIONS: As this Agreement was jointly prepared by both parties, the language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. 16 L. DISCLOSURE OF INFORMATION: All information received by the TCSD from any source concerning this Agreement, including the Agreement itself, may be treated by the TCSD as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seq. (the "Public Records Act CONCESSIONAIRE understands that although all materials received by the TCSD in connection with this contract are intended for the exclusive use of the TCSD, they are potentially subject to disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any part or all of any information which a CONCESSIONAIRE has requested TCSD to hold in confidence is made to the TCSD, the TCSD shall notify the CONCESSIONAIRE of the request and shall thereafter disclose the requested information unless the CONCESSIONAIRE, within five (5) days of receiving notice of the disclosure request, requests nondisclosure and agrees to indemnify, defend, and hold the TCSD and the City of Temecula harmless in any /all actions brought to require disclosure. CONCESSIONAIRE waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event TCSD fails to notify CONCESSIONAIRE of any such disclosure request and /or requests for any information received concerning the contract received from the CONCESSIONAIRE. 17 IN WITNESS WHEREOF, the parties hereto have caused their respective names to be hereunto subscribed by their respective proper officers thereunto duly authorized. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington President Attest: Susan W. Jones, MMC District Secretary /City Clerk Approved As to Form: Peter M. Thorson TCSD Attorney KEITH GORS, DBA GOODTIME RENTALS Keith Gors, an individual 18 EXHIBIT A DESCRIPTION OF PREMISES 19 1 REDEVELOPMENT AGENCY RDA PUBLIC COMMENTS RDA CONSENT CALENDAR RECOMMENDATION: RECOMMENDATION: ACTION MINUTES of OCTOBER 27, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:23 PM. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts 13 Action Minutes Approved Staff Recommendation (5 -0 -0) Agency Member Comerchero made the motion; it was seconded by Agency Member Washington and electronic vote reflected unanimous approval. 13.1 Approve the action minutes of October 13, 2009. 14 Amendment No. 3 to the Professional Services Agreement with Nichols, Melburg Rossetto for Additional Services Associated with the Old Town Infrastructure Project Parking Structure and Office /Retail PW06 -07(1 D) Approved Staff Recommendation (5 -0 -0) Agency Member Comerchero made the motion; it was seconded by Agency Member Washington and electronic vote reflected unanimous approval. 14.1 Approve Amendment No. 3 to the Professional Services Agreement with Nichols, Melburg Rossetto (NMR) for additional services associated with the preparation of construction drawings and construction administration for the tenant improvements of the office frontage space included in the Old Town Parking Garage in the amount of $96,000 and authorize the Chairperson to execute the amendment. 1 15 Service Agreement for the Old Town Holiday Outdoor Ice Skating Rink at the request of the RDA/Old Town City Council Steering Subcommittee Members Mayor Edwards and Council Member Roberts Approved Staff Recommendation (5 -0 -0) Agency Member Comerchero made the motion; it was seconded by Agency Member Washington and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Approve a "turn -key" seasonal ice rink operation and necessary services. The hard costs and soft costs associated with this approach bring the total contracted amount to $71,530. This expenditure will come from appropriate funds within the RDA. Studio 33 will set the admission /skate rental price and is entitled to 100% of the proceeds; 15.2 Direct staff to quantify through measurement the number of guests /attendees that enjoy this service for data that can be considered for future year negotiations; 15.3 Direct staff to measure success of event through media impressions such as publicity, media coverage, and a general understanding of any increase in foot traffic /visitor traffic and the collaboration of other City sponsored events; 15.4 Approve the "Agreement for Special Services between the City of Temecula Redevelopment Agency and Studio 33 Productions Outdoor Ice Skating Rink and Rink Management" in the amount of $71,530 and authorize the Chairman to sign on behalf of the Agency. 16 Amendment to the Purchase and Sale Agreement and Escrow Instructions between the Redevelopment Agency of the City of Temecula and Temecula Water Park L.P. for the sale of Agency -owned property located at the northwest corner of Diaz Road and Dendy Parkway (APN 909 370 -002) Approved Staff Recommendation (5 -0 -0) Agency Member Comerchero made the motion; it was seconded by Agency Member Washington and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09 -10 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE AGENCY AND TEMECULA WATER PARK, L.P., FOR THE SALE OF APPROXIMATELY 19.7 ACRES AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY (APN 909 370 -002) RDA DEPARTMENTAL REPORT 17 Redevelopment Department Monthly Report 2 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:25 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, November 10, 2009, at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk /Agency Secretary [SEAL] 3 Ron Roberts, Chairperson 1 22 PUBLIC HEARING PREPARED BY: Emery J. Papp, Senior Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- Approvals City Attorney Director of Finance City Manager Sief Paz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: November 10, 2009 SUBJECT: Long Range Planning Project Number LR08 -0017, a statutory update of the City of Temecula General Plan Housing Element A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2008 -2014 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR08 -0017) BACKGROUND: State Housing Law requires local jurisdictions to periodically update the Housing Element of their General Plan. The current Housing Element Update cycle is for the period 2008 through 2014. The purpose of a Housing Element is to address local and regional housing needs. The draft Housing Element provides updated facts and figures regarding demographics, detailed information on vacant and underutilized parcels, and two notable changes required to be in compliance with State Housing Law. The first notable change includes the provision of a program to amend the Municipal Code to allow Supportive Housing and Single Room Occupancy uses by right in at least one residential zone. It is recommended that these uses be permitted in the Medium Density and High Density Residential zones, as well as in the Community Commercial and Professional Office Zones, as similar uses are already permitted within these zones. The second and most notable change to the Housing Element is in response to State Housing Law requirements for appropriate density to support affordable housing. Pursuant to Section 65583.2(c)(3)(B)(iv) of the California Government Code, the City must permit by right a minimum density of 30 units per acre on suitable parcels to meet the demand identified in the City's Regional Housing Needs Assessment (RHNA). The RHNA assigned to Temecula by the Southern California Association of Governments (SCAG) is as follows: RHNA as Prepared by SCAG The last Housing Element Update cycle for the SCAG region ended on December 31, 2005. The City can, therefore, credit affordable housing projects completed after January 1, 2006, projects currently under construction, and projects currently "in the pipeline" toward meeting the current RHNA. When subtracted from the Table above, the credits that can be claimed by the City of Temecula result in the following revised RHNA numbers: Remaining RHNA after Credits The City must provide suitable sites with appropriate zoning and density to accommodate the identified need for Extremely Low Income, Very Low Income and Low Income households, a total of 1,381 units. Although target RHNA numbers are established for Moderate and Above Moderate Income households, there is no legislative requirement to provide for the construction of such units. To accommodate the need for affordable housing, the Housing Element Update proposes to expand the previously adopted Mixed Use Overlay by adding the boundary of the Redevelopment Project Area. This new overlay is referred to as the Urban Density Overlay. Owners of parcels within the Urban Density Overlay will be permitted by right to develop the site with residential uses at a density of 30 units per acre, or more with density bonus, if the following criteria are met: The parcel is vacant or underutilized; Residential uses are permitted or conditionally permitted with the underlying zoning for the site; A minimum of 20% of the units will be available to Extremely Low Income, Very Low Income, Low Income, and /or Low Moderate Income families; The breakdown of these units is equivalent to the ratio in the Temecula Regional Housing Needs Assessment for 2006 -2014; and The units maintain their affordable status for at least 55 years. An inventory of vacant parcels located within the confines of the proposed Urban Density Overlay shows that there are 82 parcels having a combined total of 105.08 acres and a potential capacity of 2,364 dwelling units. As noted above, the City's remaining obligation for affordable housing after credits that can be claimed by the City is 1,381 units. Therefore, this obligation can be met by suitable vacant sites located within the proposed Urban Density Overlay. Additionally, the Citywide Vacant Land Inventory and Residential Capacity Analysis, Appendix B of the Housing Element, shows that there is capacity for 8,916 units within zones that permit High Density Residential projects by right. Extremely Low Income Very Low Income Low Income Moderate Income Above Mod. Income Total Units Required Units 507 507 693 757 1622 4086 The second and most notable change to the Housing Element is in response to State Housing Law requirements for appropriate density to support affordable housing. Pursuant to Section 65583.2(c)(3)(B)(iv) of the California Government Code, the City must permit by right a minimum density of 30 units per acre on suitable parcels to meet the demand identified in the City's Regional Housing Needs Assessment (RHNA). The RHNA assigned to Temecula by the Southern California Association of Governments (SCAG) is as follows: RHNA as Prepared by SCAG The last Housing Element Update cycle for the SCAG region ended on December 31, 2005. The City can, therefore, credit affordable housing projects completed after January 1, 2006, projects currently under construction, and projects currently "in the pipeline" toward meeting the current RHNA. When subtracted from the Table above, the credits that can be claimed by the City of Temecula result in the following revised RHNA numbers: Remaining RHNA after Credits The City must provide suitable sites with appropriate zoning and density to accommodate the identified need for Extremely Low Income, Very Low Income and Low Income households, a total of 1,381 units. Although target RHNA numbers are established for Moderate and Above Moderate Income households, there is no legislative requirement to provide for the construction of such units. To accommodate the need for affordable housing, the Housing Element Update proposes to expand the previously adopted Mixed Use Overlay by adding the boundary of the Redevelopment Project Area. This new overlay is referred to as the Urban Density Overlay. Owners of parcels within the Urban Density Overlay will be permitted by right to develop the site with residential uses at a density of 30 units per acre, or more with density bonus, if the following criteria are met: The parcel is vacant or underutilized; Residential uses are permitted or conditionally permitted with the underlying zoning for the site; A minimum of 20% of the units will be available to Extremely Low Income, Very Low Income, Low Income, and /or Low Moderate Income families; The breakdown of these units is equivalent to the ratio in the Temecula Regional Housing Needs Assessment for 2006 -2014; and The units maintain their affordable status for at least 55 years. An inventory of vacant parcels located within the confines of the proposed Urban Density Overlay shows that there are 82 parcels having a combined total of 105.08 acres and a potential capacity of 2,364 dwelling units. As noted above, the City's remaining obligation for affordable housing after credits that can be claimed by the City is 1,381 units. Therefore, this obligation can be met by suitable vacant sites located within the proposed Urban Density Overlay. Additionally, the Citywide Vacant Land Inventory and Residential Capacity Analysis, Appendix B of the Housing Element, shows that there is capacity for 8,916 units within zones that permit High Density Residential projects by right. Extremely Low Income Very Low Income Low Income Moderate Income Above Mod. Income Total Units Required Units 465 355 570 691 1622 3703 The second and most notable change to the Housing Element is in response to State Housing Law requirements for appropriate density to support affordable housing. Pursuant to Section 65583.2(c)(3)(B)(iv) of the California Government Code, the City must permit by right a minimum density of 30 units per acre on suitable parcels to meet the demand identified in the City's Regional Housing Needs Assessment (RHNA). The RHNA assigned to Temecula by the Southern California Association of Governments (SCAG) is as follows: RHNA as Prepared by SCAG The last Housing Element Update cycle for the SCAG region ended on December 31, 2005. The City can, therefore, credit affordable housing projects completed after January 1, 2006, projects currently under construction, and projects currently "in the pipeline" toward meeting the current RHNA. When subtracted from the Table above, the credits that can be claimed by the City of Temecula result in the following revised RHNA numbers: Remaining RHNA after Credits The City must provide suitable sites with appropriate zoning and density to accommodate the identified need for Extremely Low Income, Very Low Income and Low Income households, a total of 1,381 units. Although target RHNA numbers are established for Moderate and Above Moderate Income households, there is no legislative requirement to provide for the construction of such units. To accommodate the need for affordable housing, the Housing Element Update proposes to expand the previously adopted Mixed Use Overlay by adding the boundary of the Redevelopment Project Area. This new overlay is referred to as the Urban Density Overlay. Owners of parcels within the Urban Density Overlay will be permitted by right to develop the site with residential uses at a density of 30 units per acre, or more with density bonus, if the following criteria are met: The parcel is vacant or underutilized; Residential uses are permitted or conditionally permitted with the underlying zoning for the site; A minimum of 20% of the units will be available to Extremely Low Income, Very Low Income, Low Income, and /or Low Moderate Income families; The breakdown of these units is equivalent to the ratio in the Temecula Regional Housing Needs Assessment for 2006 -2014; and The units maintain their affordable status for at least 55 years. An inventory of vacant parcels located within the confines of the proposed Urban Density Overlay shows that there are 82 parcels having a combined total of 105.08 acres and a potential capacity of 2,364 dwelling units. As noted above, the City's remaining obligation for affordable housing after credits that can be claimed by the City is 1,381 units. Therefore, this obligation can be met by suitable vacant sites located within the proposed Urban Density Overlay. Additionally, the Citywide Vacant Land Inventory and Residential Capacity Analysis, Appendix B of the Housing Element, shows that there is capacity for 8,916 units within zones that permit High Density Residential projects by right. FISCAL IMPACT: None. ENVIRONMENTAL: ATTACHMENTS: 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. A Negative Declaration was prepared for the project. The public review and comment period for the Negative Declaration was from July 31, 2009 through August 31, 2009. City Council Resolution Draft Housing Element Negative Declaration with Initial Study Planning Commission Staff Report 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. RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2008 -2014 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR08 -0017) E. The Southern California Association of Governments completed the Regional Housing Needs Assessment for this Housing Element cycle on July 12, 2007. F. 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. G. The Planning Commission, at a regular meeting, considered the Housing Element Update and environmental review on September 2, 2009, 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. H. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve the proposed Housing Element, Long Range Planning Project No. LR08 -0017. The City Council, at a regular meeting, considered the Housing Element Update and environmental review on November 10, 2009, 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 City Council hearing and after due consideration of the testimony, the City Council adopted a Negative Declaration for the project and approved Long Range Planning Project No. LR08- 0017subject 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 City Council, in approving the General Plan Housing Element Update hereby finds, determines and declares that: A. The proposed amendment of the Housing Element is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The Housing Element Update has been designed to be consistent with State Housing Law, the Regional Housing Needs Assessment for local agencies under jurisdiction of the Southern California Association of Governments, and to be internally consistent with the other elements of the Temecula General Plan. B. The proposed amendment of the Housing Element will not have a significant impact on the character of the built environment; The Housing Element Update is compatible with the nature, condition and development of existing uses, buildings and structures and the proposed amendments will not adversely affect the existing or planned uses, buildings, or structures. The proposed Housing Element Update is a policy document that provides the opportunity for the provision of affordable housing through the identification of appropriate sites and provisions for appropriate density. An environmental analysis for the project indicates that impacts related to the built environment will be less than significant. C. The nature of the proposed amendment of the Housing Element is not detrimental to the health, safety and general welfare of the community; The proposed Housing Element Update will not expose people to an increased risk of negative health or public safety impacts. An environmental analysis for the project indicates that impacts related to the health, safety and general welfare of the community will be less than significant. Section 3. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the proposed Housing Element to the General Plan: A. Pursuant to California Environmental Quality Act "CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Housing Element to the General Plan "Project as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a 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 July 31, 2009, and expired on August 31, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. C. One written comment 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 City Council reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the November 10, 2009 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. Section 4. The City Council hereby amends the Housing Element of the City of Temecula General Plan to incorporate the updated Housing Element described and depicted on Exhibit 1 attached to this Resolution and incorporated herein as though set forth in full. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of November, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of November, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Old Traditions l iI lIIIIIlIIII111111111111111111i1 Mixed Use City of Temecula Housing Element Update 2014 Main Street circa 1880 Rural Residential Master Planned Communities New Opportunities TABLE OF CONTENTS City of Temecula Housing Klement I. Introduction A. Community Context B. State Policy and Authorization C. Organization of the Housing Element D. Relationship to Other General Plan Elements E. Public Participation F. Data Sources and Glossary II. Housing Needs Assessment A. Population Characteristics 1-I -7 B. Employment Characteristics H -9 C. I- Iousehold Characteristics H -11 D. Special Needs Populations H -16 E. Housing Stock Characteristics H -23 III. Constraints on Housing Production H -34 A. Market Constraints H -34 B. Governmental Constraints H -36 C. State Tax Policies and Regulations H -59 D. Infrastructure Constraints H -60 E. Environmental Constraints H -61 IV. Housing Resources H -65 A. Sites for Housing Development B. Financial Resources C. Housing Developers D. Infrastructure and Facilities E. Energy Conservation V. Accomplishments Under Adopted Housing Element Page H -1 H -1 H -3 H -3 H -4 H -5 H -6 H -6 H -65 H -83 H -86 H -87 1-I -87 H -88 A. Provision of Adequate I- Iousing Sites H -88 B. Assist in Development of Affordable Housing H -89 C. Government Constraints H -91 D. Conserve and Improve Existing Affordable Housing H -92 E. Equal Housing Opportunity H -95 F. Housing Element Monitoring and Reporting H -96 City of Temecula General Plan I- Iousing Element November 10, 2009 TABLE OF CONTENTS City of Temecula Housing Klement VI. Housing Plan A. Goal and Policies B. Housing Programs C. Summary of Quantified Objectives Appendices A. Housing Element Glossary B. Vacant Land Inventory and Residential Capacity Analysis C. Underutilized Residential Parcels D. Urban Density Overlay List of Figures H -1 City ofTemecula's Multi- Family Development II -2 H -2 2005 Age Distribution H -8 H -3 Temecula Housing Stock Composition H -24 I-1 -4 Vacant Developable Parcels in the City of Temecula H -68 H -5 Underutilized Residential Properties and Potential Second Unit Sites H -70 I-1 -6 Urban Density Overlay Area H -75 List of Tables Page H -98 H -98 1-I -103 H -121 H -1 Population Growth Trends H -7 H -2 2005 Race and Ethnicity I-I -9 I-I -3 Categories of Jobs in Temecula (2005) H -10 H -4 Employment by Industry: 2005 H -10 H -5 Household Growth Trends 11-12 I-I -6 Average Number of Persons Per Household 2000 2005 H -13 1-1 -7 Household Income by Tenure H -14 H -8 2000 Temecula Households Overpaying for Housing II -15 H -9 2000 Temecula Vacancy Rates by Tenure H -16 14-10 Female Headed Households H -17 H -11 2000 Senior Households by Age Tenure H -18 H -12 Households Size by Tenure H -20 H -13 Household Size by Income H -21 H -14 Number of Bedrooms by Tenure H -21 H -15 Total Housing Units H -24 H -16 2006 Estimated Housing Tenure H -25 H -17 2000 Estimated Housing Tenure by Housing Type H -25 H -18 Age of Housing Stock 1-1-26 City of Temecula General Plan Housing Element November 10, 2009 TABLE OF CONTENTS City of Temecula Housing Element List of Tables (continued) Page H -19 Median Home Prices I-I -27 I-I -20 Housing Sales July 2006 through December 2007 H -28 H -21 Affordable Housing Costs by Income Category Riverside County H -29 H -22 Assisted Housing Inventory and at Risk Status H -30 H -23 Rent Subsidies Required H -33 H -24 Disposition of Conventional Loan Applications: 2006 H -35 H -25 Disposition of Government Backed Loan Applications: 2006 H -36 1-I -26 Residential Development Standards H -40 H -27 Parking Space Requirements H -41 11-28 Permitted Housing by Zoning District H -43 H -29 Planning Fee Schedule H -52 H -30 Development Impact Fees for the City of Temecula H -54 1-1 -31 Potential Residential Development Potential of Vacant Land Outside Specific Plan Areas 1-I -65 H -32 Remaining Approved Residential Development for Existing Specific Plans H -67 H -33 Potential Residential Development on Vacant Commercial Land I-I -71 H -34 Potential Residential Development within the Urban Density Overlay Zone H -76 (Vacant Parcels) H -35 Potential Residential Development within the Urban Density Overlay Zone H -76 (Underutilized Parcels) H -36 Share of the Riverside County RHNA H -77 H -37 Temecula RHNA Adjusted for Completed Projects H -79 H -38 Summary of Residential Development Potential H -80 H -39 Remaining RHNA Adjusted for Projects in Pipeline H -82 H -40 Summary of Quantified Objectives HI -121 H -41 Housing Program Summary H -122 City of Temecula General Plan }lousing Element November 10, 2009 ILA GENERAL PLAN I. INTRODUCTION HOUSING EL EMENT A. Community Context T he City of Temecula (City) is a growing community located along Interstate 15 (I -15) in southwestern Riverside County (Count)), 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 persons to an estimated 97,935 persons in 2007. 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 (80 of the existing housing in Temecula consists of single family detached houses, with the remainder consisting of single family attached and multi family units. A map that identifies the location of the City's multifamily 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 cost of purchasing a new home in Temecula is high, with an October 2007 median price of $418,000. In the neighboring communities of Hemet, Lake Elsinore, Murrieta, and Perris, the October 2007 median home prices ranged from $265,000 to $395,000, while the median home price in Riverside County was $350,000. C 1 1 1" 01 I l \I L C U L A G L NJ L R I. I' I. N 11 -1 H 0 U 5 I N G No Nem Linn 1 JGapa 320 2 Creekide 49 3 Swami 318 4 Foonlaws 244 5 Man Sreet 18 6 Merlpr4a Sommt 143 7 Ara Lome 64 8 Rlssion V6.98 78 9 Mon 11448 200 10 Pal Vabey 32 11 Oak Tree 32 12 PO40700 344 13 134900 50 14 Rancho Calloma S5 15 Rancho Croat 30 16 Rancho West 150 17 Solana Rd98 312 18 5unrnen eer, 124 19 *croon Teem. 225 20 Tameable Ga0xrs 400 21 Tnbaae Vitas 98 22 Tuscan Rid9e 220 23 Vnta8e Mew 220 24 Vala dN Sol 48 25 V111108 20 26 Saga Canon 344 27 Vita Hams, 22 28 Rand.Maeao.s 152 29 We 681 Mar 130 30 Rla.raank Wages 66 31 Tem80MC,.a V649e 400 32 RnUgBUhxen 23 33 Cap. Al./ 300 34 Val Creak 136 35 Laurel Conk 140 38 O.9on II 16 37 baskon III 22 38 Country den 142 10 Savannah al 162 41 Tempi. R49e 224 Trial 8247 1 e9'r+rar 7.040 W6441.4 Vnb 00y of 7era404 i 0 Multi- Family Development December 1. 2007 0 Ip vois LCH ptk a Figure H -1 City of Temecula's Multi Family Development I I 1' c I 1 C L I 1. A G L N: I L P L. N 1 1 -2 I I Al C U I. :A I I- i 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 began catching up with 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. Employment opportunities exist within the City, allowing residents to work and live within the City. In 1990, the estimated jobs -to- housing ratio was about 1.15 jobs per household. Although regional estimates predicted that the ratio would decrease to 1.06 jobs per household by 2005, as the construction of new housing outpaces employment growth, this has not been the case and there is now a larger job surplus in the City. 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. State Housing Element Law requires all cities and counties to update their Housing Elements at least every six years to reflect a community's changing needs. The prior element cycle was extended to cover a ten -year period due to the lack of state budget for the Regional Councils of Governments (such as the Southern California Association of Governments) to generate the regional housing growth allocations. Temecula's last Housing Element was prepared in 2002 and was recently updated to cover the period of July 1, 2008 through June 30, 2014. C. Organization of the Housing Element The City is facing 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 1: R V L. P t 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 is comprised of the following major components: 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 the City'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 is comprised of 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. The City undertook a comprehensive General Plan update that was completed in 2005. As I I: I I 11 L V C, I k V 1 1 I A I 1 -1 part of that update, all General Plan goals, policies, and programs were reviewed for internal consistency. E. Public Participation Residents of Temecula have had and will continue to have several opportunities to provide input during the development of the Housing Element. On December 19, 2007, 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. On June 19, 2008, the City sponsored a regional -wide Homeless Summit that brought together representatives from the Temecula City Council, Riverside County, local community churches, and 19 non- profit agencies to discuss ways to work collectively to address homeless issues. A key goal of this meeting was to discuss and enhance awareness of the "Housing First" movement,' a nationwide effort to create a ten -year plan to eliminate homelessness. The meeting was well attended with more than 30 people representing agencies such as SAFE, People Helping People, Temecula Valley Unified School District, Circle of Care, and Project Touch. Attendees were able to share information on services that each agency provides and to learn from County staff how the County is addressing this issue. Prior to adoption of the Housing Element the City held another public workshop on August 18, 2009. A notice for the public workshop was published in the local newspaper ten days in advance of the workshop. The notice was also published on the City's website. This workshop was attended by approximately 150 citizens concerned about affordable housing being placed in or near their neighborhood. The purpose of the workshop was to explain to the general public the requirements under State Housing Law, proposed amendments to the General Plan Housing Element and the proposed new programs developed to address new areas of concern. The feedback and concerns expressed by the public at workshops indicate that the public is generally in support of providing affordable housing but would prefer that it be placed away from established single- family residential neighborhoods when possible. The mixed -use, high density concept for the Urban Density Overlay will alleviate this concern and has been incorporated into the Housing Element adopted by the City Council (tentatively scheduled for September 22, 2009). Housing First is an approach that considers social services and intervention services for at -risk homeless families after homeless families are in their own housing, and not while they are in transitional or temporary facilities. C 11 I 1 I_ AV I C 11 I. C. L A IS p Also prior to adoption the Draft Housing Element was available for review by interested individuals and organizations during the public review and comment period for a proposed Negative Declaration pursuant to the noticing requirements of the California Environmental Quality Act. A Notice of Public Hearing and a Notice of Availability of the Draft Housing Element was published in the local newspaper and a direct mailing sent to the following organizations representing the interests of low and moderate income households and persons with special needs: Coachella Valley Housing Coalition; Rancho Temecula Valley Senior Center; Fair Housing Council of Riverside; Riverside Center for Independent Living; Catholic Charities; and Housing Authority of the County of Riverside. F. Data Sources and Glossary The data used for the completion of this Housing Element comes from a variety of sources, including the 2000 Census, the 2006 Census estimates, American Community Survey, various studies produced by the City of Temecula, Southern California Association of Govemments (SCAG), Western Regional Council of Govemments (WRCOG), the California Department of Finance, the California Department of Employment Development, local newspapers, local real estate agents, local economists, professional associations, and DataQuick Information Systems. 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, and can be found in Appendix A of this Element. 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 C_ I I 1 I I A i I c� I L V C, C\ R I Ih 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 fourth largest city among the 24 cities in the county of Riverside. According to the California Department of Finance, Temecula had a population of 97,935 as of January 1, 2007. During the period from 2002 to 2007, the California Department of Finance estimates that the City population grew by nearly 34%. As depicted in Table H -1, Temecula experienced its largest growth periods during the last 17 years, at almost nine times the growth that the County as a whole experienced. Temecula is ranked 31st out of 478 California cities, when ranked by the numeric change in population for the year 2006 -2007. Jurisdiction TABLE H -1 POPULATION GROWTH TRENDS 1990 2000 2007 Projected 2015 Projected Change 2007-2015 Temecula 27,099 53,791 93,935 103,150 9.8% Hemet 36,094 62,751 71,705 100,832 40.6% Lake Elsinore 18,285 30,370 47,634 61,045 28.2% Murrieta 24,264 43,989 97,257 109,715 12.8% Perris 21,460 32,369 50,663 64,221 26.8% Riverside 1,170,413 1,522,855 1,493,337 2,509,300 64.8% SOURCE: U.S. Census, 2000; California Department Of Finance, WRCOG Riverside County Projection, November 2006. SCAG estimates that Temecula will continue to experience growth during the next five years. The level of growth however, is anticipated to be less than that experienced during the last 17 years, with a projected growth of 9.8% to about 103,150 persons by 2015. For Riverside County, an overall 68% growth is expected for the next seven years. The neighboring cities of Lake Elsinore 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 was projected to remain at slightly above 4% in 2015. 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) C I I it ..7` I 1 I AI I U 1. F R 1. i' 1_ II7 H O u S I N G and the elderly population (65 tend to prefer low to moderate cost, smaller units. Persons between 35 to 54 years old usually reside in higher cost, larger units because they typically have higher incomes and a larger household size. As shown in Figure H 2, the 2005 population of Temecula contains a younger population than the County as a whole. The median age of Temecula residents was 28.8, while the County median age was 32.5. While the City population has grown significantly since 2005, the City has remained a family oriented community and mostly likely has maintained a similar age structure as in 2005. This age structure indicates that the City 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. 40% 35% c 30% 0 25% 20% rn 15% 10% 5% 0% FIGURE H -2 2005 AGE DISTRIBUTION MN City of Temecula Riverside County 5 5 -17 18 -20 21 -24 25 -44 45.54 55 -59 60 -64 65 -74 SOURCE: 2005 Census. Age Groups 75 -84 85+ 3. Race /Ethnicity Characteristics The racial and ethnic composition of a population affects housing needs because of the unique household characteristics of different raciaVethnic groups. These characteristics tend to correlate with other factors such as family size, housing location choices, and mobility. As shown in Table H 2, the large majority (57.5 of the 2005 population in Temecula was White, with Hispanics making up the next largest group (29.8 In comparison, Riverside County contains a much more diverse population. Only 44.9% of the County's 2005 C I I 1 0 I I L ,\-I L C l I L C I N L R 1 -1 -8 population was White. The next largest group was the Hispanic population at 41.2 Race/ Ethnicity TABLE H -2 2005 RACE AND ETHNICITY Number of '4 of Number of of Riverside Temecula Temecula's Riverside County County's Residents Population Residents Population White 50,493 57.5% 857,769 44.9% Black 2,750 3.1% 105,465 5.5% Asian /Other 8463 9.3% 56,975 8.4% Hispanic* 26,172 29.8% 787,148 41.2% Total 87,878 100.0% 1,911,281 100.0% Note: Racial categories do not include Hispanics. SOURCE: Housing Report, Temecula: Demographic, Economic and Quality of Life Data, January 18, 2007 Since 1990, the racial and ethnic composition of Temecula's population has also changed. This is reflected in the school enrollment data obtained from the State Department of Education. Enrollment data for the 2006 -2007 school year in the Temecula Valley Unified School District showed that 54.1% of the students were White, 21.4% were Hispanic (could be any race), 19.9% were Asian and others, and 4.7% were Black. B. Employment Characteristics 1. Employment Growth According to the 2000 Census, 39,474 Temecula residents were in the labor force, representing a labor participation rate of 68.7 (The labor force includes employed and unemployed persons aged 16 years and above.) In 2000, the unemployment rate was 3.2 much lower than the countywide rate of 4.7 The 2006 Census estimates that in 2006, approximately 42,762 persons were in the labor force. By the end of 2006, the unemployment rate had risen very slightly to 3.3 A City study of employment opportunities indicated that there were 51,502 jobs in Temecula in 2005. As shown in Table H -3, most of the jobs in Temecula fell within two categories: managerial and professional specialty (34.8 and sales, technical, and administrative support (27.8 Employment by industry is tabulated in Table H -4. As shown, manufacturing and retail trade were the primary industries in Temecula. 0 1 1 1 01 1 1 1 1/4 1 1 1 I N N I It \I. 1' L 11 Occupation TABLE H -3 CATEGORIES OF JOBS IN TEMECULA (2005) Number of Jobs %ofTotal Managerial/Professional/ Technology 17,923 34.8% SaleslTechnical /Administrative (Support) 14,317 27.8% Service Occupation 8,446 16.4% Construction 5,614 10.9% Production/Transportation 4,944 9.6% Agriculture/ Other 258 0.5% Total 51,502 100.0% SOURCE: City of Temecula Community Profile, 2005. 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 have already been surpassed as described in Table H -4. Industry TABLE H-4 EMPLOYMENT BY INDUSTRY: 2005 SOURCE: City of Temecula Community Profile, 2005 I I 1 L `.1 ll I. C, I V L: R I. 11 Number of Jobs %ofTotal Manufacturing 7,728 15.0% Retail Trade 12,787 24.8% Government, Education, Utilities 3,993 7.8% Distribution Transportation 2,802 5.4% Agriculture Mining 1,239 2.4% Support Services/ Other 6,177 12% Construction 4,415 8.6% Hotel Amusement 5,945 11.5% Business Services 1,698 3.3% Finance Real Estate 2,453 4.8% Health Services 1,219 2.4% Engineering Management 1,047 2.0% Total 51,502 100.0% SCAG employment estimates over the last 18 years have proven to be consistently below actual in -City employment levels. 2. Jobs Housing Ratio A general measure of the balance between a community's employment opportunities and the housing needs of its residents is through a "jobs- housing ratio" test. According to the 1990 Census, Temecula had an average of 1.62 wage earners in a family while a City study estimated that the City had 166 jobs per household in 1990. These figures generally indicated that adequate employment opportunities existed in the City, potentially allowing a portion of its residents to work there. In comparison, Riverside County had 1.50 wage earners per family, but offered only 0.89 jobs per household in 1990. Overall, more residents in other parts of the County worked outside of their place of residence than in Temecula. The 2006 Census estimates indicate that there are approximately 2.11 wage earners per family and 1.72 jobs per household in Temecula. The jobs housing ratio in Temecula was projected to decrease substantially to 1.06 by 2005. However, the current jobs housing ratio is approximately 1.5, indicating that employment growth in the City continues to exceed household growth. If SCAG employment estimates decrease, Temecula residents will commute to other places in the region for employment. The majority of Temecula residents commute to places of employment outside of the City to work in San Diego and Orange Counties. As a result, the Temecula housing market is directly tied to the San Diego and Orange County markets. 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 2007, the number of households in Temecula increased by 98.4% while that in the County only increased by 87.4 Comparing the City population growth (74.6 with its household growth (98.4 indicates that the City has become more family oriented with increasing household size. Table H -5 shows that Temecula is expected to grow at a faster pace than the County, although the rate of growth is expected to slow. 1 1 1 1 1 A} 1 H 1. A C, i. P R V I P 1 A N 11-11 TABLE H -5 HOUSEHOLD GROWTH TRENDS Change Projected Projected Jurisdiction 1990* 2000 1990-2000 2007 Change 2000-2007 Temecula 9,130 15,875 74% 31,501 98.4% Hemet 17,397 27,241 57% 35,342 29.8% Lake Elsinore 6,066 8,844 46% 15,587 76.2% Murrieta* 6,849 10,296 50% 33,298 223.4 Perris 6,726 8,850 32% 14,567 65% Riverside 402,067 483,580 20% 753,797 87.4% County SOURCE: U.S. Census, 1990; California Department of Finance, January 1, 1992 and January 1, 2000 and SCAG Baseline Growth Projection, adopted April 16, 1998; California Department of Finance, 2007. 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 2000 Census, 82.9% of the 18,293 households in Temecula were considered families. Among the 3,128 non family households, 394 (12.6 were single people living alone, including 109 (3.5 elderly persons living alone. In 2000, only 22 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 -6, the average persons per household decreased by 3.18% in Temecula during the period of 2000 -2005. This 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. 1 1 I I AI L U I. A C L v is R V I I' I III TABLE 11-6 AVERAGE NUMBER OF PERSONS PER HOUSEHOLD 2000 2005 Jurisdiction Average Persons /Household Change 2000 2005 2000 2005 Temecula 3.39 3.282 -3.18% Hemet 2.27 2.335 2.86% Lake Elsinore 3.41 3.374 1.05% Murrieta 4.27 3.091 27.61% Perris 3.63 3.846 5.95% Riverside County 3.09 3.093 0% SOURCE: California Department of Finance, January 1, 2005. 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 that 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 Households eam between 0 and 30% of the Median Family Income (MFI), adjusted for household size; Very Low Income Households earn between 31% and 50% of the MFI, adjusted for household size; Low Income Households earn between 51 and 80% of the MFI, adjusted for household size; Moderate Income Households earn between 81 and 120% of the MFI, adjusted for household size; and Above Moderate /Upper Income Households earn over 120% of the MFI, 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 2006. The income distributions for Temecula and Riverside County are presented in Table H -7. Overall, household incomes in Temecula are higher than Countywide, with about 24% of households in the City eaming Very Low and Low incomes, while more than 41% of the households in the County were lower incomes. Median household income in Temecula was estimated at $71,754 in 2006, which continued to be higher than the countywide median income of $42,887. One reason for the higher median income I I 1 I 1 1 t 11 v 3 1 1 1 i' I V IIC3 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. Income Group TABLE H -7 HOUSEHOLD INCOME BY TENURE City of Temecula Owner- Renter- Total Riverside Households Households Households County Extremely Low Income 2.25% 11.35% 5.4% 12.40% Very Low Income 2.25% 11.35% 5.4% 12.4% Low Income 8.10% 23.40% 13.40% 17.00% Moderate Income 29.10% 26.30% 19.20% 18.50% Upper Income 71.90% 27.50% 56.50% 39.70% Total 100.00% 100.00% 100.00% 100.0% SOURCE: Regional Housing Need Allocation Plan, SCAG, January 1, 2006 June 30, 2014. 4. 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 2006 Census estimates, 778 households in Temecula (2.99 were deemed to be overcrowded. Of these households, 190 owner occupied units and 369 renter occupied units had few than 1.5 occupants per room; and 219 (0.8 households were severely overcrowded. Of the severely overcrowded units, 77 were owner occupied and 142 were renter occupied. This marks an improvement of the overcrowding conditions reported in the 2000 Census, where 1,333 households were considered to be overcrowded. Of those, 871 were owner occupied and 372 were renter occupied. In comparison, overcrowding was a more prevalent issue Countywide, with 12,055 (1.87 households living in severely overcrowded conditions. 5. 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- 1 1 I 1 L k l I i t 1 A C; 1 1 R II II households because of their typically lower incomes. Compared to renters, overpayment by owners is less of a concem because homeowners have the option to refinance the mortgage, or to sell the house and move into rentals or buy a less expensive home. In 2000, 78.4% of total renters and 62.5% of total owners were overpaying for housing in the City. As shown in Table H below, among the City's overpaying households, 27% were Extremely Low, Very Low, and Low Income households and 73% were Moderate and Upper Income households. Renter Households Over in Income Group Total Households Ove in Owner- Households Overra in Extremely Low 772 12.0% 564 29.3% 208 4.6% Income Very Low Income 957 14.9% 557 28.9% 400 8.9% Low Income 1,295 20.2% 560 29.1% 735 16.3% Moderate /Upper 3,400 52.9% 246 12.8% 3,154 70.1% Income Total Overpaying 6,424 100.0% 1,927 100.0% 4,497 100.0% Households Note: Sums slightly over or less than 100% are due to rounding error. SOURCE: CHAS Databook, HUD, 2000. The majority of the Moderate and Upper Income households with housing overpayments were homeowners. Overall, Moderate and Upper Income households were more affected by housing overpayment than other groups. 6. Housing Vacancy Rates for Owner /Renter Staff reviewed the most recent State of Califomia City/County Population and Housing Estimate Report (E -5). This document indicates the housing vacancy rate for the City of Temecula is 4.06% as of January 1, 2007. In 2000, of the vacant houses in Temecula, approximately 47% were for rent, and approximately 24% were for sale only. (The remaining 29% 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 2000 Census. I 1 I Al 1 I. illy TABLE H -8 2000 TEMECULA HOUSEHOLDS OVERPAYING FOR HOUSING C, 1_ N I R V I. C TABLE H -9 2000 TEMECULA VACANCY RATES BY TENURE No. of Units (2000 Census) Percentage of Housing Units Total: 19.022 units 100% Occupied 18,219 units 96% Vacant 803 units 4% For Rent 372 units 2.00% For Sale Only 246 units 1.30% Rented or Sold, Not 72 units 0.38% For Seasonal, Recreational 99 units 0.52% or Occasional use For Migrant Workers 0 units 0.00% Other Vacant 14 units 0,07% Totals more than 4.0% due to rounding errors. SOURCE: US Census, 2000. D. Special Needs Populations Certain segments of the population may have a more difficult time finding decent, affordable housing due to their special circumstances or needs. These "special needs" population include elderly persons, persons with disabilities, large households, single- parent households, farm workers, 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 (see Figure LU -II of the General Plan Land Use Element and Figure 0S of the General Plan Open Space /Conservation Element). According to the U.S. Department of Agriculture's 2002 Census, between 1997 and 2002, the number of farms in Riverside County decreased, while the number of acres used for farming increased from an average size of 136 acres to an average size of 180 acres. The 2006 Census estimated that 434 Temecula residents were employed in farming, forestry, and fishing occupations. While there are no agricultural operations in the City, nearby wineries represent an employment base for permanent, seasonal, and/or migrant farm workers. (A City study indicates that 1,239 agriculture related jobs were located in Temecula in 2005. These jobs include management, workers, and agriculture related business workers.) Farm workers 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, and homelessness. r 1 :t v G; is v I_ I v N 110 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 boarding houses in the Medium and High Density residential zones, and a Program identified in this Housing Element Update will permit by right single -room occupancies in the Medium and High Density residential zones, and in the Community Commercial and Professional Office zones. Presently, agricultural workers can also qualify for existing affordable housing units in Temecula. 2. Female Headed Households Single- parent families often require special attention due to their needs for affordable childcare, 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 2000 Census data, approximately 846 households (approximately 4.6% of all households) were found to be under the poverty level in the City in 2000. Of those households under the poverty level, approximately 346 (1.9% of total households) were female- headed households. Thus, female- headed households living under the poverty level comprise approximately 40.9% of all female- headed households. This relatively high poverty rate among female- headed, single- parent households, suggests that the City 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. Householder Type SOURCE: U.S. Census, 2000; SF 3: HI7. TABLE H -10 FEMALE HEADED HOUSEHOLDS City of Temecula i 1 1 I 1 L. A L c U 1 A G L N L R V I IH7 Number Percent Total Households 18,249 100.0% Total Female Headed Householders 1,686 9.2% Female Heads with Children Under 18 1,143 6.6% Female Heads without Children Under 18 543 3.0% Total Families Under the Poverty Level 846 4.6% Female Headed Households Under the Poverty Level 346 1.9% According to the 2006 Census estimates, 4,175 (16.1 households in Temecula were headed by single- parents, of which 1,746 (6.7 were headed by females with children under the age of 18. These estimates indicate that there are fewer single- parent households and fewer 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 2006 Census estimates do not report the number of female- headed households with children living below the poverty level, approximately 56 percent 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, it has likely increased. 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 within the vicinity of community facilities and public transportation also facilitates mobility of the elderly in the community. Seniors that own homes may, because of fixed incomes, fall behind in property maintenance and may not be able to afford increases in property taxes. In 2000, approximately 4,095 residents (approximately 7% of the population), age 65 and older, lived in Temecula. Senior heads of households numbered approximately 2,226 or approximately 12 percent of all households. Table H -11 provides the number of senior households and percentage of the general population that are owners and renters. TABLE H -11 2000 SENIOR HOUSEHOLDS BY AGE AND TENURE Householder Age Owner- Renter- Owners 1% Renters Households Households (All Temecula Households) 65 -74 years 1,088 172 6.0% 1.0% 75 -84 years 701 121 3.8% 0.7% 85 years and older 106 38 0.6% 0.2% Total 1,895 331 10.4% 1.8% SOURCE: U.S. Census, 2000 These numbers indicate that most seniors in Temecula have either come to Temecula to retire or they are long -time homeowners that want to stay in the area. Senior householders that rent constituted less than 2% of all renters. An estimated 115 senior households were extremely low-income, while an estimated 110 senior households (.111 (2i VI I U L. A I_ L R \I I 18 i' v A were very low-income, and 54 were low- income, which reflects a total of 279 senior households, or approximately 15% of all senior householders, that were low- income and below. According to 2006 Census data, Temecula had approximately 5,059 residents age 65 or older, representing slightly more than 6% of the total population and an overall decline as a percentage of the population since 2000. According to the 2006 Census data, approximately 43% of the elderly residents were reported to have self care and mobility limitations and/or work disabilities. 4. Persons with Disabilities In 2005, about 9% of the Temecula residents age 16 or over were recorded by the Census 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 compliance with accessibility requirements are provided in all projects within Temecula. Reasonable accommodation is required for all new non residential development and within 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 also be provided to disabled residents to make necessary improvements to remove architectural barriers of existing units. The City's Residential Improvement Program is available to disabled residents to make repairs and/or retrofits to their homes to accommodate special needs. The program provides up to $7,500 for repairs as a forgivable loan, provided the homeowner remains in the home for at least five years. 5. Large Households Large households are defined as those with five or more persons. The 2000 Census reported 3,266 households in Temecula had five or more members; of those approximately 80% were owner households and 20% were renters. Typically, the availability of adequately sized and affordable housing units is a major obstacle facing large households. In 2000, Temecula had 6,663 three bedroom housing units and another 6,527 housing units with four or more bedrooms. Al I C II I A A it V I I L I Thus, the City has an adequate supply of large -size housing units (approximately 72.4 of all households). The issue for large households is related to affordability, particularly among renters. Accordingly, in the City of Temecula, only 13.5% of renter occupied units contained five or more people. Subsequently, according to the 2000 Census, 48% of the renter occupied large households were overpaying for housing Table H- 12 demonstrates the number of large families residing in each household type by tenure. Source: U.S. Census, 2000, SF 3: H17. TABLE H -12 HOUSEHOLDS SIZE BY TENURE City of Temecula 1.4 persons 5+ persons Total Number Percent Number Percent Number Percent Owner 10,679 80.4% 2,597 19.6% 13,276 100% Renter 4,274 86.5% 669 13.5% 4,943 100% Total 14,953 N/A 3,266 N/A 18,219 N/A Households Often large households with Extremely Low or Very Low incomes have to resort to smaller units in order to save on housing costs, which typically results in overcrowding; In the City of Temecula, approximately 297 households (approximately 9.1% of total households) eaming below 50% of the MEI were living in large households. In addition, the 2000 Census identified 669 renter households with five or more persons, but only 331 rental units with four or more bedrooms. This would suggest a lack of adequate large household rental units in the City. However, as is evident in Table H -13, approximately 79.3% of all large households were occupied by families with an income level above 80% of the MEI. This would suggest that although Temecula is in need of more rental units for large families, the majority of large households in the City are eaming well above the MEI. Table H -14 compares the number of housing units by tenure and number of bedrooms in 2000. 1 1 1 1 l \I I U 1. I_ 'v 11 R V I I' 11 20 TABLE H -13 HOUSEHOLD SIZE BY INCOME City of Temecula L.1 1.4 persons 5+ persons* Total O Income Level Number Percent Number Percent Number Percent Below 30% of MFI 653 5.2% 399 7.1% 1,052 5.8% U 30% to 50% of MFI 723 5.7% 352 6.2% 1,075 5.9% 51% to 80% 1,273 10.1% 660 11.7% 1,933 10.6% 81% 9,930 78.9% 4,235 75.0% 14,165 77.7% I Totals 12,579 100.0% 5,646 100.0% 18,225 100.0% Note: Includes other households. SOURCE: Approximations based on CHAS Data, 2000. Bedroom Type 6. Homeless TABLE H -14 NUMBER OF BEDROOMS BY TENURE SOURCE: Census Bureau 2000 Census, SF 3: H17. City of Temecula Owner Households Renter Households All Households Number Percent Number Percent Number Percent 0 54 0.41% 286 5.8% 340 1.9% 1 137 1.0% 1,248 25.2% 1,382 7.6% 2 1,177 8.9% 2,130 43.1% 3,307 18.1% 3 5,738 43.2% 925 18.7% 6,663 36.6% 4 4,907 37.0% 331 6.7% 5,238 28.7% 5+ 1,263 9.5% 26 0.5% 1,289 7.1% Totals 13,276 100% 4943 100% 18,219 100% 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 the 2006 Census estimates, no homeless persons were reported and Temecula's population was accounted for in either households or group homes. However, the 2007 Riverside County Homeless Survey, conducted on January 24, 2007, identified 105 homeless persons living in Temecula. This homeless population accounts for approximately 2.3 percent of the County's homeless population. The City has adopted a program to find housing for Temecula's homeless population. C I 1 Y 0 1 I I_ \I L C U L A G L N E R I P L 1 -I -2l CI I 1 C` 1 I L Al I C U L I I-22_ A number of facilities and service agencies serve the homeless in the Temecula Valley area, and they include: Valley Restart Shelter (Hemet) This shelter, located approximately 30 miles northeast of Temecula, provides apartment transitional housing, as well as a twenty-four hour drop -in center for homeless people. These services include the provision of shower facilities, meals, telephone services, counseling, transportation, temporary mailing address, laundry facilities, job information, and referrals to other public and private resources and services. This shelter is funded by a partnership of public, private, and religious organizations including Riverside County and the City of Hemet. Catholic Charities: Our Lady of the Valley Catholic Church (Hemet) These services, located approximately 30 miles northeast of Temecula, are provided through Catholic Charities and include counseling services; emergency services that consist of transitional case management and direct emergency services to low income working families, individuals, and homeless individuals. Other services include the provision of food, diapers, formula, shelter, and transportation assistance. Depending on its funding levels, it also provides assistance with payments for rent and utility services. Catholic Charities: Penis Valley Family Resource Center (Penis) These services, located approximately 23 miles north of Temecula, are provided through Catholic Charities and include counseling services; emergency services that consist of transitional case management and direct emergency services to low- income working families, individuals, and homeless individuals. Other services include the provision of food, diapers, formula, shelter, and transportation assistance. Depending on its funding levels, it also provides assistance with payments for rent and utility services. Elsinore Elementary School, Special Needs Assistance Project (Lake Elsinore) This program, located approximately 18 miles northwest of Temecula, provides services to families of students attending schools in the Lake Elsinore Unified School District. These services include a referral services for health services, homeless shelters, counseling, food programs, parenting classes, English classes, adult education, and preschools. In addition, the Riverside County Department of Public Social Services, with offices located in the City of Temecula, offers a \N 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 are 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 40% from 2000 to 2005. Temecula had the greatest increase in its housing stock compared to the surrounding communities. However, over the next few years, Temecula is expected to experience only moderate housing growth, while a substantial housing increase is anticipated for Lake Elsinore and Perris. 2. Housing Type The majority (80 of the existing housing stock in Temecula consists of single family detached and attached homes (see Figure H -3). Single family housing units are dispersed throughout the City. Multi family developments of five or more units represent the next largest segment (15 of the housing stock, and the greatest concentration of apartment complexes is located along Margarita Road. Currently consisting of 197 units, Heritage Mobile Home Park located in the northeastern corner of the City is the only mobile home park in Temecula. The City recently approved an addition of 13 spaces in this park. C I l Y O F T E M E C U L A G E N E R A L P L A N l -1 23 H 0 U s I N G TABLE H -15 H O u S I N C I Jurisdiction Multi Family (2 -4 Units (3 Multi Family (5+ Units (15 Single Family (Attached) TOTAL HOUSING UNITS 1990 2000 Temecula 10,659 18,534 74% 26,007 40.0% Hemet 19,692 30,802 56% 32,452 5.4% Lake Elsinore 6,981 10,150 45% 12,190 20.0% Murrieta 9,664 14,528 50% 28,788 98.0% Perris 7,761 10,444 35% 12,673 21.3% Riverside County 483,847 582,419 20% 689,866 18.4% SOURCE: California Department of Finance, January 1, 2005. Figure H -3 Temecula Housing Stock Composition SOURCE: California Department of Finance, January 1, 2005. Change 2005 Change 1990-2000 2000-2005 Mobile Home and Other Single Family (Detached) (80 3. Tenure Table H -16 illustrates the tenure distribution of occupied housing in Temecula and in the surrounding communities. Compared to surrounding communities, Temecula has an average rate of homeownership. With approximately 25,935 dwelling units in 2006, approximately 68.7% (or 17,822 dwelling units) are owner occupied. (The City of Murrieta has approximately 24,084 housing units and 82.8% are owner occupied.) The high percentage of single family homes that exist in Temecula (20,748 units or 80% of the housing stock) and the average proportion of renters (31.3 or 8,113 units) in the City indicates that many single family homes are used as rentals. I I l 01 1! \I L C: 11 L A G L N L R A L P L A N 1 -1 -24 Jurisdiction Temecula Hemet Lake Elsinore Murrieta Perris Riverside County Owner Occupied 17,822 15,618 2,775 58.8% 24,084 82.8% 3,040 73.0% 444,836 of Total Occupied Units 68.7% 59.4% Totals subject to rounding error. SOURCE: U.S. Census, 2000. (n= 18,219) 11 l 1 r yi l i i v C; 1123 TABLE H -16 2006 ESTIMATED HOUSING TENURE Occupied Dwelling Units Renter Occupied 8,113 10,659 1,015 4,992 1,110 69.2% 198,403 Occupied Dwelling Units of Total Occupied Units 31.3% 40.6% 41.2% 17.2% 26.7% TABLE H -17 2000 ESTIMATED HOUSING TENURE BY HOUSING TYPES Total Occupied Units 25,935 26,277 6,066 29,076 4,163 30.8% 643,239 SOURCE: 2006 Census and 2006 American Community Survey; SCAG, Draft Regional Housing Need Allocation Plan January 1, 2006 June30, 2014; SCAG, Final Regional Housing Need Allocation Plan January 1, 2006 June 30, 2014). 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 2000 Department of Finance data, the overall vacancy rate in Temecula was 4.06 while that in the County was recorded at 13.25 The relatively low vacancy rate in Temecula and the high vacancy rate in the County are attributed to the increase in population over the last few years, with many housing units continually coming on the market. Table H -17 provides an overview of housing types by tenure: 1 detached 1 attached 2.4 units in Multi family Mobile Home unit unit structure 5+ units and other Owner Occupied 70.0% 1.4% 0.1% 0.3% 1.2% (72.9 Renter Occupied 7.4% 0.7% 3.2% 11.9% 0.4% (27.1%)* 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. R v 1. I' 1. As depicted in Table H -18, the majority of housing units in Temecula were built between 1980 through 2000 (76 and most likely are in excellent condition. Only about 6% of the existing housing stock is over 30 years old While approximately 22% 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. Year Built TABLE H -18 AGE OF HOUSING STOCK 2000+ 6,543 23.8% 1990 to 1999 12,714 46.3% 1980 to 1989 6,176 22.5% 1960 to 1979 1,715 6.2% 1940 to 1959 298 1.1% 1939 or earlier 0 0.0% SOURCES: 2006 Census and 2006 Population and Housing Estimates, Department of Finance Building and Safety Inspection staff utilized the emergency services city map, divided into six separate areas to perform a methodical canvassing of the City's housing stock The staff of 11 inspectors conducted windshield and sidewalk surveys and did not find any areas of housing that required abatement or demolition. As Building and Safety and Code Enforcement are under the same department supervision, the exchange of information between the Building and Code staff members is excellent. Enforcement items are a regularly reoccurring weekly meeting topic during Building and Safety weekly staff meetings. According to City staff, no housing units will need to be demolished or replaced due to dilapidated conditions. (However, the City has a few units that 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 housing age and condition in the City, only a small portion of the City's 3,013 older housing units would require rehabilitation (not more than 20% or approximately 603 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 1978). The City estimates a need for rehabilitation assistance for 150 households over the next five years. I a1 I: C I I 26 Number of Units %ofTotal 5. Housing Costs Ownership Housing Temecula is 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 mid -way 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 recession in the late 1990s. However, as evidenced in Table H 19, median home prices in Temecula decreased between 2006 and 2007, while median prices in surrounding communities declined even more substantially. 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 Hemet, Lake Elsinore, Murrieta, and Perris as of November 2007. 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 2007 new homes in Temecula sold for an average of $402,000, while new homes in San Diego County sold for an average of $442,500. TABLE H -19 MEDIAN HOME PRICES Jurisdiction November 2007 November 2006 Change Temecula $402,000 $487,500 17.54% Hemet $253,500 $353,000 28.19% Lake Elsinore $320,000 $421,000 23.99% Murrieta $348,750 $484,750 28.06% Perris $310,000 $400,000 -22.5% Riverside County $359,000 $126,000 -16.51% SOURCE: California Association of Realtors, Median Home Prices, November 2007. Reflective of the housing stock, most housing sales in Temecula are for three- and four bedroom single family homes. During the 18 -month period between July 2006 and December 2007, 2,869 housing sales were executed, of which 78% were three- and four bedroom single family homes. Housing units in Temecula are sold for a wide range of prices. As shown in Table H 20, four bedroom homes are sold from $62,500 to $2.5 million, indicating that some older housing units are sold for much lower prices while newer and custom homes are priced much higher. Condominium sales in Temecula exhibited less of a range in prices. C I T Y 01 l L M I- C LI L G E N E R A L P L\ N 1 -1 -27 H 0 LI s 1 N G TABLE H -20 HOUSING SALES JULY 2006 THROUGH DECEMBER 2007 Single-Family Median Price Low Hi Sales No. %ofTotal 2- bedroom $390,000 $260,000 $869,000 66 2.3% 3- bedroom $414,750 $50,000 $1,825,000 1,060 37.6% 4- bedroom $480,000 $62,500 $2,525,000 1,170 41.5% 5- bedroom $590,000 $265,000 $3,100,000 371 13.1% 6- bedroom $630,000 $354,000 $1,609,500 82 2.9% Condominiums Median Price Price Range Units Sold %ofTotal 2- bedroom $278,500 $174,000 $321,000 22 17.5% 3- bedroom $351,750 $140,500 $450,000 89 70.6% 4- bedroom $379,000 $315,000 $45,000 9 7.1% SOURCE: Los Angeles Times, Dataquick Service, 2008. Housing affordability is dependent upon income and housing costs. According to U.S. Housing and Urban Development (HUD) guidelines for 2007, the MFI for a family of four in Riverside County is $59,200. Based on this median income, the following maximum income limits for a four person family can be established: Very Low Income households (0 to 50% of MFI) eam a maximum of $29,600; Low Income households (51 to 80% of MFI) earn a maximum of $47,350; Moderate Income households (81 to 120% of MFI) earn a maximum of $71,000; Median Income households earn $47,400. 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 -21 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 some older Very Low and Low Income and most Moderate Income households, although Very 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. K 1 1 1 At 11 L V I_ A 1_ R V I. I' A iA TABLE H -21 AFFORDABLE HOUSING COSTS BY INCOME CATEGORY RIVERSIDE COUNTY Monthly Income Maximum Affordable Utilities Affordable Taxes Affordable Category Income Housing Rent Maintenance Home Price Cost Very Low $29,600 $740 $123 $617 $244 $83,000 Low $43,350 $888 $123 $765 $298 $148,000 Moderate $71,000 $1,628 $123 $1,505 $370 $234,000 Median $59,200 $1,480 $123 $1,357 $334 $191,000 Maximum affordable home price based on a 30 -year loan at 6.5% interest, assuming that the homebuyer can afford to pay a 10% down payment and closing costs. Rental Housing Current rental information on multi family rental units in Temecula was obtained through the City's Geographical Information System (GIS) data reports. The data identified 41 multi family complexes in the city. The multi family housing stock has more than doubled since 1998, increasing from 3,120 to 6,247 units. According to the 2007 John Husing Report, the average monthly rent in Temecula was $1,144 in 2006. This data indicated that the monthly average rent in Temecula has increased by over 40% since 2002. Based on the household income limits identified in Table H 21, a Low Income household can afford to pay monthly housing costs in the amount of $888 per month, while a Moderate Income household can afford to pay up to $1,628 per month. Based on these limits, 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. As Very Low Income households can only afford to pay $740 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 Very 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 of Assisted Housing State Housing Element law requires cities to prepare an inventory that includes all assisted multi family rental units which are eligible to convert to non -low income housing uses due to termination of subsidy contract, mortgage prepayment, or expiring use restrictions. Under Housing Element law, this inventory is required to cover an evaluation period following the statutory due date of the Housing C I l 1" 01 1 L 1 L C: LI L G I N C IZ I P L N lf29 H O u s 1 N G Element (July 1, 2008). Thus, this at -risk housing analysis covers the period from July 1, 2008 through June 30, 2014. 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, redevelopment programs, and local density bonus or direct assistance programs. Project Temecula Villas (28837 Pujol St.) Woodcreek Apts. (4220 Moraga Rd.) 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 5'" St.) Dalton 111 (41955 5"' St.) Cottages of Old Town 6 St. Felix Valdez) Riverbank Apts. (28500 Pujol St.) Temecula Lane (Loma Linda Rd Pechanga Pkwy) Habitat I (6 St. Felix Valdez) Habitat II TABLE H -22 ASSISTED HOUSING INVENTORY AND AT RISK STATUS Total Project Units SOURCE: City of Temecula, December 2007. Program 96 Section 8 New Construction 344 Mortgage Revenue Bond 55 Section 8 New Construction Section 221(d)4 150 RDA Revenue Bond HOME 30 RDA Loan 76 RDA Revenue Bond 40 FmHA New Construction Section 515 /Section 8 48 FmHA New Construction Section 515 24 Agency Loan 22 Agency Loan 17 Agency Loan 66 Agency Loan t I I I V1 i_: U L V C, I I 30 Earliest Conversion Date 4/8/2026 9/30/2026 7/16/2028 8/8/2004 (Owner has requested a TEFRA Hearing) 8/22/2036 2062 2062 2047 2058 11 Builder Financed 2065 2 Land /Cash Contribution 2047 7 Land /Cash Contribution 2047 of Units at Risk 6/1999 48 (expired) 3/31/2003 71 (expired) 3/16/2011 55 (City to renegotiate before expiration) 150 30 76 40 43 24 22 17 66 11 2 7 At -Risk Housing Conversion Potential The Woodcreek Apartments (now Sage Canyon Apartments) have been converted. The City's Redevelopment Agency is currently working with an affordable housing partner who is in the process of acquiring the Oaktree Apartments. They will be using several affordable housing funding sources that will require a 55 -year affordability covenant. The City's Redevelopment Agency will work to support a similar scenario to extend the affordability covenants of the Rancho California Apartments prior to the contract expiring in 2011. Rancho California: This 55 -unit project was developed with a HUD- insured Section 221(d)4 mortgage loan. This mortgage loan maintains a market rate interest and places no deed restriction on the project to maintain the units as affordable housing. To ensure affordability of these units, HUD provided a 20 -year Section 8 contract for the 55 units, thereby subsidizing the rent payments by tenants. This Section 8 contract was due to expire in March 2004. Currently, the project is contracted by HUD through 2011 and will be re- evaluated every five years thereafter. Through conversations with the property's corporate spokesperson, it has been made clear that the land owner has no intention, and cannot currently foresee a situation whereby this development would be converted to market rate upon its valuation in 2011. Oaktree Apartments: The 40 -unit Oaktree project was financed through FmHA New Construction Section 515 loans. This project was due to expire in 2004 with prepayment of the loan; the City is currently in negotiations to extend the term of its affordable units. At present, the property owner has not converted these to market rate units. In March, 2008 the California Statewide Communities Development Authority requested the City conduct a 'IEFRA hearing to issue purchase and rehabilitation bonds to a third party buyer for the project. That rehabilitation effort did not transpire. However, on June 9, 2009 a developer applied to the California Tax Credit Allocation Committee for assistance to purchase and renovate the Oaktree Apartments. A decision on that application is pending and the City will continue to work with interested parties to rehabilitate and extend the affordability covenants for the Oaktree Apartments. 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 non- profit organizations; 2) purchase of affordability covenants; 3) provide rental assistance to tenants using funding sources other C 1 1 1' 01' l E M L C U L G E N E k A L P L N 1131 than Section 8; and /or 4) construct or purchase replacement affordable units. Transfer of Ownership: By transferring ownership of at -risk projects to non profit 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, and /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: A total of 55 units in the Rancho Califomia project 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 these two projects. Under the 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. C 11 N K I I' II 3 2_ 2- Bedroom 3- Bedroom 4- Bedroom Total Total Monthly Rent Income Supported by Affordable Housing Cost of Very Low Income Households Total Month Rent Allows by Fair Market Rents Total Annual Subsidies Required TABLE H -23 RENT SUBSIDIES REQUIRED Section 8 /Subsidized At -risk Units Rancho California 22 22 11 55 $26,180 $42,152 $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 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. Use of other forms of rent assistance, such as Section 8, does not ensure long -term unit affordability. The cost associated with rent C l i y or 1 L M E C L I L A G L N E R A L F L A N 11 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 within Temecula, it would be nearly impossible to develop multi family rental housing for less than approximately $130,000 $150,000 per unit. This cost estimate includes all costs associated with development. To replace the 95 affordable units in the Rancho California and Oaktree apartments 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 95 at -risk units within the Rancho California and Oaktree projects 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 non profit group or purchasing 95 similar existing units, which is estimated at more than $6.9 million. 1 1 0 u s I N G 1 I 1 subsidies is lower, requiring a total of approximately $359,910 annually for both Rancho California and Woodcreek. Overall, transferring project ownership to non profit organizations combined with financing techniques to lower the mortgage payment the purchase of affordability covenants, is probably the most cost effective means of preserving the at -risk housing projects in Temecula. 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 one -half 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, vacant parcels in Temecula range from $95,000 per acre (residential) to nearly $24,000 per acre (vineyard). Most vacant residential parcels in Temecula are within a range of $180,000 to $330,000. 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 for wood frame, single- family construction of average to good quality range 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. Both the costs of land and construction of a new house are passed on to the homebuyer. As a result, an increase in the cost of land or M i I a� G i K y I p N 11 3! construction materials will result in a higher housing price for the" purchaser. 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 1997, a total of 1,031 applications were submitted for conventional home purchase loans in Temecula alone, and approximately 73% were approved. In 2006 a total of 255,754 applications were submitted throughout the Riverside -San Bernardino Ontario area, of which only 52.6% were approved, as depicted in Table H -24. In 1997, in Temecula, only 12% were denied, with the remaining 14% of the applications were withdrawn or closed for incompleteness. However, in 2006, throughout the Riverside -San Bernardino Ontario area, nearly 22% were denied and the remaining 26% were withdrawn or closed for incompleteness. Lower income applicants throughout the area continued to have a lower rate of approval in comparison to the higher income applicants, but in the current economy, the approval rate has fallen to 40.7 TABLE H -24 DISPOSITION OF CONVENTIONAL LOAN APPLICATIONS: 2006 RIVERSIDE -SAN BERNARDINO- ONTARIO METROPOLITAN STATISTICAL AREA Applicant Income Low Income (<80% MFI) Moderate Income (80 -119% MFI) Upper Income +120% MFI) Total Home Purchase Loans Total Applications %Originated! Approved* Denied Other 6,146 40.7% 29.0% 30.3% 21,167 50.5% 23.3% 26.2% 228,441 53.1% 21.2% 25.7% 255,754 52.6% 21.6% 25.8% Originated Loan is a loan that has been approved and accepted by the applicant. SOURCE: Home Mortgage Disclosure Act (HMDA) data for 2006. 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 and home improvement loans. Government backed loans C I 1 Y I 1 E I L C LI L A\ G L N L IZ I. 11-35 H a s I N G include those insured by the FHA, FmHA, and VA, but do not include those provided through the Temecula Redevelopment Agency. Comparing Table H 25 with Table H 24 indicates that more Low and Moderate Income households throughout the area have a higher approval rate for government backed loans than for conventional loans to achieve homeownership. This further substantiates the continued need for home buying assistance in order to facilitate homeownership among Low and Moderate Income households. TABLE H -25 DISPOSITION OF GOVERNMENT BACKED LOAN APPLICATIONS: 2006 RIVERSIDE -SAN BERNARDINO ONTARIO METROPOLITAN STATISTICAL AREA Applicant Income Low Income (c80% MEI) Moderate Income (80- 119% MFI) Upper Income +120°% MFI) Total B. Governmental Constraints Home Purchase Loans Total Applications Originated( Approved* Denied Other 387 63.5% 15.5% 21.0% 710 65.8% 13.2% 21.0% 862 68.0% 11.5% 20.5% 1,959 66.0% 12.9% 21.1% Originated Loan is a loan that has been approved and accepted by the applicant. SOURCE: Home Mortgage Disclosure Act (HMDA) data for 2006. Few households applied for home improvement loans under either conventional or government- backed lending. This is reflective of the overall sound conditions of the City's housing stock Locally assisted home improvement loans and grants are important to assisting the Low and Moderate Income households in making the necessary repairs. 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. The current Land Use Element has designated 10,295 acres (63 of the City's total land inventory for residential uses, including: single family homes, multi family units, and mobile homes. Residential densities in Temecula cover a wide spectrum, including the following categories: Hillside Residential (HR) (0 -0.1 unit /net acre) I I 1 I 1 6 u l v i P I_ 3 v Rural (RR) (0.1 -0.2 unit/net acre) Very Low Density Residential (VL) (0.2 -0.4 unit /net acre) Low Density Residential -1 (L -1) (0.5 -1 unit /net acre) Low Density Residential -2 (L -2) (1.0 -2.9 units /net acre) Low Medium Density Residential (LM) (3.0 -6.9 units /net acre) Medium Density Residential (M) (7.0 -12.9 units /net acre) High Density Residential (H) (13 -20 units /net acre) These residential categories provide for a range of housing types to be developed in Temecula. The City has set target levels for density for Hillside (0.1 unit /acre); Very Low (0.3 units /acre); Low (1.5 units /acre); Low Medium (4.5 units /acre) Density Residential designations. Only projects that provide amenities or public benefits will be allowed to exceed the target level. The 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. The City has not set density target levels for the Medium and High Density Residential categories in order to facilitate the development of affordable housing. In addition, the Land Use Element includes a Mixed -Use Overlay that adds residential uses to permitted uses, and increases the maximum 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. Further discussion regarding anticipated development can be found on pages H-71 through H -75. In addition, in the first year after adoption of the Housing Element r 11 1 r` I I l! V1 I C lI L I: A I' I. A 137 k Update, the City of Temecula intends to complete a comprehensive traffic study for the Jefferson Avenue Corridor. This study will evaluate the existing conditions and will also evaluate the benefits of proposed Circulation Element roads yet to be constructed. These roads include the French Valley Parkway, the Western Bypass, the extension of Overland Drive across Murrieta Creek, and a north/south connection into the City of Murrieta. The study will evaluate the completion of these improvements and their impact on providing relief to the existing road network. In 2009, the City will establish an "Urban Density Overlay" zone that will apply to sites located within an existing Mixed -Use Overlay Zone or within the Redevelopment Agency boundary. This new overlay will permit by right 30 dwelling units per acre (and higher with density bonuses) when: (1) the parcel is vacant or underutilized; (2) residential uses are permitted or conditionally permitted with the underlying zoning for the site; (3) a minimum of 20% of the units are available to Extremely Low Income, Very Low Income, Low Income, and /or Low Moderate income families; (4) the breakdown of these units is equivalent to the ratio in the Temecula Regional Housing Needs Assessment for 2006 -2014; and (5) the units maintain their affordable status for at least 55 years. During the RHNA planning period, the City of Temecula intends to complete a new Specific Plan for the Jefferson Avenue Corridor, which makes up a significant portion of the Urban Density Overlay Area. A significant component of the Specific Plan will be a comprehensive traffic study that will evaluate the potential increase in vehicle trips within the Specific Plan Area and, in particular, along the Jefferson Avenue Corridor under existing conditions and after all General Plan Circulation Element improvements have been completed. It is anticipated that the completion of the French Valley Parkway, the Western Bypass, the Overland Bridge Extension over Murrieta Creek, and the Rancho Way Bridge over Murrieta Creek will lessen the traffic impacts on Jefferson Avenue. Such findings will enable higher density projects within this project area. 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 its residents. The Development Code and General Plan allow for modification and flexibility in the development standards through the provision of a Mixed -Use Overlay (see description above), Village Center Overlay, Planned Development Overlay, and the new Urban Density Overlay a t. it i- P i. 1 1 -38 Zone to be established by 2009. Flexibility in planning for overlay 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. 1 I yI C n i_ v R v I' t v Lot Dimensions TABLE H -26 RESIDENTIAL DEVELOPMENT STANDARDS HR VL L -1 L -2 LM M H Minimum Net Lot 7200 7200 7200 Area (square feet) Minimum Average 10 acres 2.5 acres 1.0 acre 0.5 acre Net Lot Area per Dwelling Unit Maximum Dwelling 12.0 20.0 Units Per Acre1 Minimum Lot 50 ft. 40 ft 40 ft. 30 ft. 30 ft. 30 ft. 30 ft. Frontage at Front Property Line Minimum Lot Frontage for a Flag Lot at Front Property Line Minimum Width at Required Front Setback Area Minimum Average Width Minimum Lot Depth Setbacks Minimum Front Yard2 Minimum Corner Side Yard Minimum Interior Side Yard3 Minimum Rear Yard Maximum Height Maximum of Lot Coverage Open Space Required Private Open Space /Per Unit 40 ft. 30 ft. 30 ft. 25ft. 20 ft. 20 ft. 20 ft. 100 ft. 100 ft. 70 ft. 50 h. 50 ft. 40 ft. 30 ft. 100 ft. 80 ft. 70 ft. 60 ft. 50 ft. 50 ft. 50 ft. 150 ft. 120 ft. 100 ft. 90 ft. 80 ft. 80 ft. 100 ft. 40 ft. 25 ft. 25 ft. 1511.' 10 ft.' 10 ft.' 20 ft.' 40 ft. 1511. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 25 ft. 10 ft. 10 ft. 10 ft. Variable' Variable' Variable' 20 ft. 20 ft. 20 ft. 2011, 20 ft. 20 ft. 20 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 40 ft. 50 ft. 10% 20% 25% 25% 35% 35% 30% 90 70 60% 40% 25 25% 30% NA NA NA NA NA 200 150 Notes: 1. Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.10.020M. 2. In the H residential zoning district, dwelling units with entrances that have direct access to the street, such that the predominate features of the home fronting the street are the windows and the front door, may have a minimum setback of fifteen feet. 3. In order to allow for more flexible site planning, variable interior yard setback for both sides must equal at least LM zoning district: The combined interior side yard setback for both sides must equal at least fifteen feet. One side shall have at least five feet and the other side shall have at least ten feet and shall be located on the same side as the driveway to provide for potential vehicular access to the rear of the property. M and H zoning districts: The combined interior side yard setbacks shall not be less than ten feet. This is intended to permit a zero lot line arrangement with a zero setback on one side yard and ten feet on the opposite side yard. SOURCE: The City of Temecula Development Code, January 2008. C 1 1 I 1 l Al I t I A I I I R V Land Use 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 TABLE H -27 PARKING SPACE REQUIREMENTS SOURCE: City of Temecula Development Code, 2008. Required Parking Spaces 2 enclosed spaces 2 covered spaces /units, plus 1 guest space /4 units 2 -5 units: 2 covered spaces /units, plus 2 guest spaces 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 uncovered space for each 3- bedroom (or more) unit plus 1 guest space /6 units, with a minimum of 4 guest spaces 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 Senior Citizens Housing 'A covered space /unit, plus 1 uncovered guest Complex/Congregate Care space per 5 units 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 commerciaVresidential development. Temecula Creek Village consists of 32.6 vacant acres within the 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 us es. 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 non- residential zoning districts upon approval of a Conditional Use Permit in most cases. Senior housing is also permitted in the Neighborhood Commercial, Community Commercial, Service Commercial, Highway /Tourist Commercial, and Professional Office (PO) zoning districts. Congregate care facilities are allowed in the Neighborhood Commercial, Community Commercial, Highway /Tourist G C\ I.. R V L I I_ A A I 1 1 Commercial, Service Commercial, and PO zoning districts. Affordable housing projects are allowed in the PO 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 from section 17.10.020(M)(3)(a) of the Temecula Municipal Code and may also receive qualifying concessions from 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. For those projects which develop within the Urban Density Overlay zone, it is likely that similar concessions will need to be made to accommodate the increase in density. The types of concessions that may be offered for affordable housing projects are discussed in detail in the Density Bonus and Incentive Law of this Housing Element. I Al I U A I: A I: A I-1 3. Provisions fora 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 housing, agricultural employee housing, manufactured homes, senior and affordable housing, congregate care facilities, emergency shelters /transitional housing, supportive housing, single- room occupancy, and second dwelling units. 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. TABLE H -28 PERMITTED HOUSING BY ZONING DISTRICT ZONE HOUSING TYPE CC PO HR RR VL L -1 L -2 LM M H Affordable Housing C P P P P P P P P Senior Housing /Congregate Care' P P P P P P Multifamily rental housing C P P Permanent housing for agricultural em ployees Seasonal housing for agricultural employees Emergency shelters 3 C C C C C C C C P P Transitional Housing C C C C C C C C P P Single -Room Occupancy P P P P Supportive housing" P P P P Factory-built housing /modular homes P P P P P P P P Mobile homes C C C C C C Second units P P P P P P P P Notes: 1. Senior housing is also permitted in the Neighborhood Commercial, Service Commercial, and Highway/Tourist Commercial zoning districts. 2. These uses are not permitted within the Nicolas Valley Rural Preservation Area as identified in Table LU -5 of the Land Use Element of the General Plan. 3. Emergency shelters are also conditionally permitted in all commercial and industrial zoning districts within the City of Temecula. 4. This will require an amendment to the Temecula Municipal Code, which will be a program for the Housing Element planning period. Supportive housing andSROs are expected to be permitted by right in medium to high density residential zones and commercial and office zones. 5. Housing opportunities for agricultural employees is discussed on page H -17. Not permitted. Current rental information on multi family rental units in Temecula was obtained through the City's GIS data reports. The data identified 41 multi family complexes in the city. The multi family housing stock has more than doubled since 1998, increasing from 3,120 to I 1 1 I I 1 \I I L 11 I. C I 1 I. 1' I. 0 u S I N G approximately 6,247 units. According to the 2007 John Husing Report, the average monthly rent in Temecula was $1,144 in 2006. This data indicated that the monthly average rent in Temecula has risen over 40% since 2002. The City of Temecula allows for multi family rental housing in its High and Medium Density Residential zoning districts. These zoning districts are intended to provide for the development of attached residential housing. Typically, housing types may include townhouses and stacked apartments with a density range of 7 -12 units per acre in the Medium Density Residential zones, and 13 -20 dwelling units per acre in the High Density Residential zones. Permanent and Seasonal Housing for Agricultural Employees: Agriculture is a predominant industry in Riverside County, but there is very little prime farmland, unique farmland, or farmland of local importance within the City of Temecula's 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 nor does the City anticipate a need for permanent and seasonal agricultural employee housing. However, other opportunities for agricultural worker housing are discussed on page H -17 of this Housing Element. 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). Manufactured housing must be certified according to the National Mobile Home 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 is conditionally permitted in PO zones. In addition to development on vacant land within the permitted zones, the City recognizes the potential for additional L v 1 IJ L A C, I: A I R \I I' i A affordable housing in future mixed-use areas, including the' Jefferson/Ynez Corridor, the Education Center site, and the adjacent Professional Hospital Supply (PHS) expansion site. Affordable 1.1 housing can also be achieved in the form of second dwelling units. The Code allows for second units in all residential zoning districts if 0 the development standards can be met. For additional information on affordable housing within the City please reference the Housing l.,l Element sections on housing stock and housing resources. c Senior and affordable housing are permitted in the High, Medium, I and Low Medium Density Residential zoning districts, with approval of a development plan. The maximum density allowed for senior N housing that complies with the City's affordable housing provisions, including the density bonus, is 30 units per acre for High Density i Residential, 20 units per acre for Medium Density Residential, and 8 units per acre for Low Medium Density Residential. For an approved specific plan, the maximum density bonus cannot exceed 50% of the target density in the planning area. Senior housing is also allowed in the Neighborhood Commercial, Community Commercial, Service Commercial, Highway /Tourist Commercial, and PO 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 PO zoning districts, senior housing will be developed consistent with the development and performance standards allowed for the High Density Residential zoning district. Affordable Housing 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 percent of AMI, adjusted annually for family size. Lower Income Household: Persons or families whose income does not exceed 80 percent of area median income (AMI), which is adjusted annually for family size. Very Low Income Household: Persons or families whose income does not exceed 50 percent of AMI adjusted annually for family size. Extremely Low Income Household: Persons or families whose income does not exceed 30 percent of AMI, adjusted annually for family size. C I T 1 0 I I E i \1 E C LI L G 1+45 N I_ R I I' 1 C. l l C 1 1 C Al I_ There are three basic sources of law governing affordable housing project incentives within the City (1) the 20% low and moderate income housing set -aside provisions of the California Community Redevelopment Act; (2) the "density bonus" law; and (3) Temecula Municipal Code Section 17.08.030, relating to "affordable housing" as a conditionally permitted use in the PO zone. 20% Luw and Moderate Inwnr Housing Set -A sideRequinvrrnts q Redezelopnrnt Law Not less than 20% of all tax increment revenues that are allocated to an agency pursuant to Health Safety Code Section 33670 must be used by the Redevelopment Agency for purposes of increasing, improving, and preserving the City's supply of low- and moderate income housing available at affordable housing cost to people and families of Lower Moderate income, Lower income households, Very Low income households and Extremely Low income households. An agency must deposit the 20 %u set aside in a separate Housing Fund until used. The Temecula Redevelopment Agency has established a Redevelopment Housing Fund by setting aside 20% of its tax increment revenue. The Agency anticipates an annual deposit of between $3.0 and $3.3 million in tax increment funds over a five -year period. Based on the required 20% set aside, approximately $165 million will be available during the five -year period for housing activities. Since set -aside funds are a function of property tax revenues, the amount of future deposits will depend on factors such as market conditions and the timing of new taxable development. Community Redevelopment Law sets forth a variety of options for localities to expend their housing funds, including: Land disposition and write- downs; Site improvements; Loans; Issuance of bonds; Land and building acquisition by Agency Direct housing construction; Housing rehabilitation; Rent subsidies; Predevelopment funds; and Administrative costs for non profit housing corporations. U A. A C A L R The specific uses of the set -aside funds are described in the Housing Plan section of this Housing Element. California Redevelopment Law requires the City to ensure housing developments with Housing Fund moneys remain affordable and occupied by persons or families of low or moderate income, very low income and extremely low income. An agency must maintain the affordability of all new substantially rehabilitated housing units developed or otherwise assisted with Housing Fund moneys for no less than 45 years for owner occupied units or 55 years for rental units. Density Bonus andlncpntice Lazy 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. Below lists the thresholds in which the State decides if a project can be deemed all or partly "affordable housing Type of Qualifying Housing Required Percentage of Unit Lower Income Very Low Income Senior Citizen Housing Development Moderate Income- Condominium or Planned Development 1 1 o I I; \1 I ll 1. 11 17 10% of proposed units 5% of proposed units Any senior housing development 10% of proposed units Once a project has been deemed a partly or fully complete "affordable housing" project, the applicant maybe 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 there is also a sliding scale that 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 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. Below lists the Base and Sliding Scale bonuses: I R 1 1 N Type of Qualifying Housing Lower Income Very Low Income Senior Citizen Housing Development Moderate Income Condominium or Planned Development Percentage of Affordable Units Base Density Bonus Sliding Scale Density Bonus 20% increase in the number of units, unless a lesser is requested by the applicant 20% increase in the number of units, unless a lesser is requested by the applicant 20% increase in the number of units, unless a less is requested by the applicant 5% increase in the number of units, unless a lesser is requested by the applicant 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) 1.5% 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 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 the Government Code Section 65914 (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; 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 l tI I. v C: I_ N I I� v I_ I' v N 1118 Tenrczda Municipal Code Section 17.08.030. Affordable Housing allowed in Professional Office zones: Affordable housing is permitted within the PO zone with the approval of a Conditional Use Permit. These units should be spread throughout the site and include various types of housing sizes. Since this Municipal Code Amendment was enacted, one such project has been approved. The Temecula Lane project secured 11 multi family for rent units, under covenant for 55 years to accommodate low income households. Supportive Housing /Single Room Occupancy (SRO) 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. This type of housing is often targeted for low-income workers and populations in need of assistance such as the homeless, those suffering from mental illness, those suffering from substance abuse problems, the elderly, the medically frail, and persons with disabilities. Supportive housing can also be defined as transitional shelters, alcohol and drug treatment facilities, safe houses, and nursing homes. Persons unable to live in traditional households face specific challenges that may affect their ability to secure decent, affordable housing. For instance, persons with disabilities may require special modified amenities in their homes and/or services such as proximity to transit and wheelchair access to building entrances and exits. Homeless individuals may be without housing for any number of complex and diverse reasons. Single -room occupancy (SRO) housing offers one opportunity for low-cost housing that is specifically designed to meet some of the varying needs of several special needs groups. Supportive housing and SROs provide viable housing alternatives for individuals in these special needs groups. To encourage the I 11 0 I 1 1 \1 I U 1. I_ N 1 R 1 1. 1' 1. N 1 -49 Approval of an affordable housing project in the PO zone with the approval of a conditional use permit. An applicant who receives a density bonus and/or other concessions /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 concession or incentives on top of the density bonus as well as if any City Housing Fund moneys were also used for the project. 11 0 u s t N �1 development of supportive and SRO residences, an update to the zoning ordinance is required to facilitate permitting for these housing types. Supportive housing and SROs will be appropriately permitted in the medium density and high density residential zones, and in commercial and office zones when adjacent to or part of a multi- family residential use. Proximity to higher density locations will likely be closer to job centers, services, and transit. Sites for Supportive Housing /SROs The Temecula Municipal Code does not currently provide for supportive housing and SROs within the City. The City has a legal obligation to address the housing needs of these groups as part of its Housing Element update. Proposed changes to the zoning ordinance will define the parameters for facilitating the development of supportive housing and SROs. The proposed zoning amendment will include changes designed to clarify the definition of supportive housing and SROs as well as define development standards for such housing types. Once the Municipal Code Amendment is adopted, the appropriate location for Supportive Housing /SROs would be in the Medium Density Residential, High Density Residential, Community Commercial and Professional Offux zones. (See Section III B 1, above, for more details concerning zoning in the City of Temecula.). The amendment is expected to occur during the second year of the Planning Period, after adoption of the Housing Element Update. 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 -2 Density Residential, Low Medium Density Residential, Medium Density Residential, High Density Residential, Neighborhood Commercial, Community Commercial, Highway/ Tourist Commercial, Service Commercial, and PO zoning districts. 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 are provided or made available shall relate to the nutritional, social, recreational, house keeping, 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 c. i 1 a i_ y r R v i I' 11-50 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. Emergency Shelters /Transitional Housing: The City facilitates the development of emergency shelters and transitional housing by permitting the development of such facilities in the Medium Density and High Density Residential districts by right. 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, PO, Business Park, and Light Industrial zoning districts. 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. The State Fire Marshal is the agency having jurisdiction for 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 (CalFire) in conjunction with the Riverside County Fire Department. The Building and Safety Department 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. 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 non- compliant code issues with successful end results. 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 29 summarizes that City's planning fee 1 1 1 1 1 \1 1 l 11 I. 1 1 R I. 1' I. 1 1 51 H 0 u S 1 N (a requirements for residential development, while Table H 30 depicts the City's development fees for residential development. 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. The City of Temecula fee schedule is adjusted annually based on the consumer price index for the greater Los Angeles Metropolitan area. Project Type TABLE H -29 PLANNING FEE SCHEDULE" Department of City of Environmental Temecula Fee Health Fee Planning and Zoning Conditional Use Permit— No Site Changes $3,078 $234 Conditional Use Permit with a Development $980 $234 Plan ',2 3.4 Development Agreement $49,496 N/A Development Agreement Major Modification''" $11,340 N/A Development Agreement Minor Modification''''" $3,240 N/A DIF Credit or Reduction $827 N/A Development Plan Less than 10,000 sf 1 $7,402 $136 Development Plan 10,000 sf to 100,000 sf I.2.3.4 $10,051 $136 Development Plan Over 100,000 sf '.2.34 $12,092 $136 Development Plan Major Modification $5,682 N/A Development Plan Minor Modification 1,2,3.4 $2,461 N/A Development Plan Minor Modification 1.2,34 $152 N/A (Planning Review Only) General Plan Amendment/Zoning Map $6,984 $59 Amendment Text or Exhibit General Plan Amendment/Zoning Map $5,473 $59 Amendment Official Zoning Map and Land Map General Plan Amendment/Zoning Map $3,770 $59 Amendment Official Zoning Map or Land Map Second Dwelling Unit Permit $702 N/A Variance' 2 $3,559 $120 Minor Exception"'" $477 N/A Minor Exception (individual homeowner) $118 N/A Specific Plan New 1,2,3.4 $78,424 $197 1. 1 1 A 1/4; I I L. AI I II I_ A C; I. vi I R V I. 1 32. I Project Type TABLE H -29 PLANNING FEE SCHEDULE* Department of City of Environmental Temecula Fee Health Fee Specific Plan Amendment Major $31,126 $61 Specific Plan Amendment Minor $10,861 $61 Planned Development Overlay''''" $28,852 N/A Subdivisions Certificate of Land Division Compliance (fee per $1,201 $138 parcel) 1.3 Common Interest Development Conversion' $4,156 N/A Lot Line Adjustment $1,213 N/A Merger of Contiguous Parcels $1,819 N/A Minor Change (to approved Tentative Map) $1,902 N/A Parcel Map Tentative (Residential) w/VVaiver of $2,956 $389 Final Map Parcel Map Tentative (Residential) Standard 1.2,3 $3,686 $675 Parcel Map -Tentative (Vesting)'' $3,234 $424 Parcel Map Tentative (Revised)1,2,3 $3,214 $203 Condominium Map1,2,3 $10,775 $538 Tract Map Standard 5 -34 lots /units1,2,3 $9,683 $203 Tract Map Standard 35 -75 lots /units1,2,3 $10,951 $203 Tract Map Standard 76 -165 lots /units1,2,3 $12,548 $203 Tract Map Standard 1661ots /units1,2,3 $14,034 $203 Tract Map Standard Revised Map1,2,3 $5,482 $203 Tract Map Vesting 5- 341ots /units1,2,3 $12,424 $424 Tract Map Vesting 35 -75 lots /units1,2,3 $13,797 $424 Tract Map Vesting 76 -165 lots /units1,2,3 $15,421 $424 Tract Map Vesting 166 lots /units1,2,3 $16,787 $424 Tract Map Vesting Revised Map1,2,3 $7,719 $424 Phasing Plan for Tentative Map Sewered $3,283 $57 Phasing Plan for Tentative Map- Subsurface $3,283 $138 Disposal Residential Tract Product Review1,4 $9,499 N/A Reversion to Acreage $698 $72 Miscellaneous Charges Certificate of Historic Appropriateness1,2,3,4 $423 N/A Substantial Conformance $5,794 $61 Extension of Time with Public Hearing1,2,3,4 $2,578 $63 Extension of Time without Public Hearing1,2,3,4 $1,307 $63 Extension of Time Subdivision Ordinance1,2,3,4 $3,234 $63 Add CEQA Fee of 8245 for environmental determination. If environmental determination is not exempt from CEQA, add $4,175 for Negative Declaration without Mitigation, or $5,707 for I \,1 6 L (1 1 1 A: R I Project Type Development Fee SOURCE: City of Temecula, 2008. TABLE H -29 PLANNING FEE SCHEDULE* Department of City of Environmental Temecula Fee Health Fee Negative Declaration with Mitigation. If EIR is required, add $44,980 for city managed EIR or $66,321 for applicant managed EIR. Add UC Regents Fee of $60 (if required) not applicable to duplicate applications Add Traffic Study Fee (if required) of $2,261 (major) or $565 (minor) Add DRC Landscape Fee of $250 (if new /modified landscaping is proposed) and DRC Architectural Review Fee of $.05 per budding square foot (if new /modified architecture is proposed) 5528 to Environmental Health if Sewered; $424 to Environmental Health if Subsurface Disposal *SOURCE: Temecula User Fee Schedule (2007 -08); updated annually each July 1. TABLE H -30 DEVELOPMENT IMPACT FEES FOR THE CITY OF TEMECULA Land Use (Fee /Unit) Residential Attached Residential Detached Street System Improvements $1,171.69 $1,673.85 Traffic Signals and Traffic Control $165.86 $236.94 Systems Corporate Facilities $243.50 $454.13 Police Facilities $427.96 $241.90 Fire Protection Facilities $266.59 $574.49 Parks and Recreational Improvements $1,979.17 $2,762.58 Open Space Trails Development $576.88 $805.22 Libraries $527.15 $735.81 Total $5,358.80 $7,484.92 Single Family Multi Family Transportation Uniform Mitigation Fee $10,046.00 $7,054.00 5. Building Codes and Enforcement Staffing and Process As Building and Safety and Code Enforcement are under the same department supervisions, the exchange of information between building and code staff members is excellent. Enforcement items are a regularly reoccurring weekly meeting topic during Building and Safety weekly staff meetings. The Code Enforcement Division consists of four permanent officers. Each officer has an assigned geographic area of the City and is very C. I I 1 l 1 Al 1 1 N 1' 1. [51 familiar with problematic properties. Each officer regularly patrols their area to ensure that any prior complaints have been resolved and to ensure that they have responded to any new complaints. The Department is complaint- driven, which means that officers respond to complaints as they come into the City. In addition, the officers make every effort to be proactive with 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 of substandard housing Building Codes The City of Temecula has adopted the 2007 California Building, Plumbing, Mechanical, Energy, and Electrical Codes. These codes are based upon the International Code Council 2006 International Building, Plumbing, Mechanical and the 2004 National Electrical Codes as modified by the California Building Standards Commission. Upon adoption of the 2007 California Building Codes, the Building and Safety Department made minor modifications to some code sections based upon 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 25 amendments were to the administrative areas of the codes. Other codes modified are as follows: A. Clarification for sanitation facilities in the Temecula Old Town area for existing buildings where providing additional toilet facilities would be a hardship to small restaurants or coffee shops. B. Establishment of size requirements for commercial and residential building address numbers. C. Clarification to require a minimum Class C roofing material in the Temecula Old Town District. D. Increase in the size of swinuning pool barriers to a minimum of 60 inches. E. Prohibition of the use of horizontal flex ducting in rooms that produce steam. F. Prohibition of aluminum conductors smaller than 6 A.W.G. G. Requirement of electrical conductors to be placed at a minimum of 6" below slab within commercial buildings. U I_ I_ A I R \I I I' N H. Prohibition of non metallic sheathed cable (romex) in commercial applications. I. Requirement of a twenty -four hour graph test for gas systems with 2" or larger piping. This Code 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. 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, there have not been many opportunities for increased energy conservation. However, by adopting the most current version of the Energy Codes, existing housing stock will be brought up in efficiency as replacement of existing equipment takes place. There are opportunities through utility providers for property owners to defer some of the associated costs of equipment upgrades. Only 6% of the housing stock in Temecula is older than 30 years. Overall, the housing stock is in excellent condition. The City's Code Enforcement program is complaint- based, and will not constrain the development or preservation of housing. When housing code violations are cited for units occupied by low and moderate income households, the Code Enforcement staff routinely offers information regarding the City's 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 Director's 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 findings, the project cannot be denied by the Planning Director. The Planning Commission Hearing is a publicly noticed hearing for development applications that are larger than 10,000 square feet in size. The Planning Commission may be the decision maker for such y i ti t i y i it v i I "7�� applications provided there is no legislative action associated with the development application such as a Zone Change or a General Plan Amendment, and also may serve as an appeal board for Director 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. The City Council Hearing is a noticed public hearing for development applications that require a legislative action, and the City Council may also serve as an appeal board for decisions made by the Planning 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 appear at the Director 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 five weeks. 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. 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 six to eight months. This processing time frame is significantly shorter than other jurisdictions. 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. C I I t 0 r 1 I yI r C u I. G I: I� I_ P L57 I 11 0 1 CF QA 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 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 road -way infrastructure and a Multiple Species Habitat Conservation Plan (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. The MSHCP is a comprehensive, multi jurisdictional effort that includes the County and fourteen cities. Rather than deal with endangered species on a one -by -one basis, this Plan focuses on the conservation of 146 species. The MSHCP consists of a reserve system of approximately 500,000 acres of which approximately 347,000 acres are currently within 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. 7. On and Off -Site Improvements The City of Temecula requires full- frontage improvements for all approved development projects. The City makes no 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 1 r y 1 C, N i iz v I' II 8 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 applicant, such as improvements to be made byCaltrans. The Circulation Element of the Temecula General Plan identifies eight different roadway classifications (Table G2) and cross sections (Figure G1) that include minimum dimensions for right -of -way accounting for lane width, center median, bike lane and /or multi- purpose trails, curb, gutter, landscaping and sidewalks. Figure G2 of the Circulation Element identifies the locations and alignments of each road in the City of 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 which establish infrastructure or site requirements that support new residential development. These improvements include streets, sidewalks, water and sewer, drainage, curbs and gutters, bike lanes and parkway dedications, utility easements and landscaping. 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. The City of Temecula recognizes that such requirements can potentially be considered regulatory bathers 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 I I. Ai ll I A I N! L R V 1 I v A F 59 I 1 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, etc.). 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), 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 bome 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, 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 the City. According to the Growth Management/ Public Facilities Element of the General Plan, 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. A I R V I. P V A II6() Wastewater facilities in Temecula are provided by the Easte r`,;;, Municipal Water District (EMWD). EMWD has adequate capacity to meet current treatment demand. By closely working with the RCWD j._.j and EMWD in developing supply options; conservation techniques, 1 1 including the use of reclaimed water; and development monitoring a systems, the City can ensure that development does not outpace the long -term availability of water and adequacy of wastewater treatment capacity. c E. Environmental Constraints The City is impacted by various environmental hazards that include N active fault traces, liquefaction and subsidence, steep slopes, and flooding. These natural hazards form environmental constraints to residential development by threatening the public safety. 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 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 which can be used to identify any parcel within the City of 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 Medium Density Residential land. 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 C I 1 1 I I I_. I L C L I L.. 1 G L N L R 1 L P L. '1 H -61 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 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. In addition, the residential capacity analysis conducted for parcels located within the proposed Urban Density Overlay Zone, Appendix D, excluded parcels owned by the City of Temecula and the Riverside County Flood Control and Water Conservation District. As a result of these facts and findings, it is unlikely that proximity to a flood zone will create additional costs or land use controls that could impede the future development of affordable housing opportunities. 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 the city of Temecula effectively limits the amount of land and intensity for the 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. 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 45 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 the Santa Gertrudis Creek and Warm Springs Creek. Vail Lake is located over 60 miles southeast of Temecula; dam failure would inundate portions of the Pauba and Temecula Valleys, including I -15 and an adjacent three -mile area. Diamond Valley Lake is the largest reservoir in Southern California, and is located north of Skinner Reservoir, nearly 60 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. C I i a t v I R v I62.. 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 Flood Plains: 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 flood plain 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 flood plain is non contiguous and is generally located in the western and southern areas of the City, adjacent to 100 year flood plains. The 100 -year floodplain includes several vacant developable parcels near the northern and western perimeters of the City; and the 500 -year flood plain is generally outside or adjacent to vacant developable parcels in the same area. In general, no underutilized residential parcels are located in the 100 -year flood plain, or within the 500 -year flood plain. Faults and Fault Zones: The Elsinore Faults and the fault zones associated with this fault 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 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 the San Clemente Island faults. The Elsinore Faults 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 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 poor 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. t. I 1 I. A7 C U L C, L: A I R 11 b 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 a few underutilized residential properties are located in areas subject to liquefaction, many vacant developable properties are located within or immediately adjacent to areas subject to liquefaction. High Fire Area: High Fire Zones encroach at the City's western and southern boundaries, encompassing or partially encompassing several 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 westem one -third of Riverside County and approximately 1.26 million acres, the Western Riverside County Multiple Species Habitat Conservation Plan (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. In Temecula, the MSHCP includes areas in northern, westem, and southern Temecula. Nearly all of the vacant developable parcels located west of I -15 in westem Temecula are within the MSHCP, as well as all parcels located in the southwestern corner of Temecula. Additional vacant developable parcels in the northeast comer of the City are also located in the MSHCP. Few underutilized residential properties are located within the MSHCP. Riparian Areas: Riparian areas are locales that relate to the bank of a stream, river, or lake. In Temecula, riparian areas encompass southem 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. I 1 L° I I: Ai I. C. U L V I I R V L I' II()- IV. HOUSING RFSOURCFS A. Sites for Housing Development 1. Vacant Residential Sites An important component of the Temecula Housing Element is the identification of sites for future housing development, and evaluation of the adequacy of this site inventory in accommodating the City's share of regional housing growth as determined by WRCOG. 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 31 quantifies the number and type of housing units that could be accommodated on the City's 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 and does not consider increases discussed in the Housing Element Programs. Each parcel is assumed to develop at seventy-five percent of its maximum capacity which allows for setbacks, landscaping, right -of -way dedications and other non residential uses. TABLE H -31 POTENTIAL RESIDENTIAL DEVELOPMENT ON VACANT RESIDENTIAL LAND OUTSIDE SPECIFIC PLAN AREAS General Plan Vacant Designations Density Range Acreage Gross Dwelling Units* Hillside 0 -0.1 DU /AC 0 0 Very Low 0.2 -0.4 DU /AC 553 206 Low 0.5 -2.9 DU /AC 91 129 Low Medium 3.0 -6.9 DU /AC 67 303 Medium 7.0 -12.9 DU /AC 79 710 High 13.0 -20.0 DU /AC 16 233 Total 806 1,581 Gross Dwelling Unit calculation is based on assumptions contained in Appendix B SOURCE: City of Temecula, February 2009. The City also 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. Table H 32 summarizes the housing L tl k II I. A A R i 1' \N 11E,$ development potential remaining in the specific plan areas (see Appendix B -1). Six specific plans have remaining potential for Very High Density residential development Paloma Del Sol, Rancho Highlands, Wolf Creek, the future Villages of Old Town, Red Hawk, and Harveston. Paloma Del Sol is under active construction. The City Council is considering removing certain conditions for approval to facilitate the development of high density housing in this specific plan area. Harveston is approximately 88% built out with a remaining capacity to develop approximately 221 units at Very High Density. Rancho Highlands is approaching buildout with the exception of the Very High Density area. Infrastructure is already in place within the Rancho Highlands Specific Plan area. The Temecula Development Code allows for an increase in density in the High, Medium, and Low Medium residential designations if the development is senior housing, affordable housing or a congregate care facility. Densities for senior housing may be increased in High Density to 30 units per acre, in Medium Density to 20 units per acre, and in Low Medium Density to 8 units per acre. Currently, under the Development Code, density bonuses of at least 25% may also be granted for affordable housing projects, potentially increasing the maximum density, including density bonus, to 30 units per acre in High Density, 18 units per acre in Medium Density, and 8 units per acre in Low Medium Density. The density bonuses offered by the City exceed the State density bonus requirements. Density bonuses may also be granted to specific plan areas, as long as the maximum density bonus does not exceed 50% of the target density in such areas. For example, in the Paloma del Sol Specific Plan area, the target density for Very High density is 16.2 units per acre, with a maximum range of 20 units per acre. An affordable housing project can potentially receive a maximum density bonus of 8.1 units per acre, resulting in a maximum density of 28.1 units per acre. 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. Overall, the vacant site inventory yields an estimated development capacity of 7,935 units (3,629 outside of Specific Plan areas and 4,306 within Specific Plan areas) as of December, 2007, without density bonuses. In addition, this number does not include implementation of the new "Urban Density Overlay Zone," which will be implemented in 2009 and will allow 30 dwelling units (and more with density bonuses) in Mixed -Use Overlay Areas and Redevelopment Plan areas under certain criteria. Figure H -4 C 1 1 1 I I yI I C U 1 1 R V I. P I_ I I 06 identifies vacant developable parcels throughout the City of Temecula. Using developable vacant sites alone, the City would be able to meet its RHNA of 4,086 dwelling units. TABLE H -32 REMAINING APPROVED RESIDENTIAL DEVELOPMENT FOR EXISTING SPECIFIC PLANS Low Medium/ Medium Low Medium High High Very High Specific Plan/ Density Density Density Density Density Land Use (.4.2 (2-5 (5.8 (8.14 (14-20 Total Designationst DU /AC) DU /AC) DU /AC) DU/AC) DU /AC) Units Campos Verdes 0 0 0 0 0 0 Margarita Village 0 0 0 0 0 0 Paloma Del Sol 0 378 0 268 240 886 Rancho Highlands 0 0 0 0 404 404 Harveston 0 20 0 104 0 124 Crown Hall 0 0 0 0 0 0 Wolf Creek 0 0 0 216 163 369 Roripaugh Estates 0 0 0 0 0 0 Roripaugh Ranch 108 939 122 846 0 2,015 Vail 0 0 0 0 0 0 Villages of Old 0 0 64 128 128 320 Town Red Hawk 0 0 91 0 97 188 Total 108 1,337 277 1,562 1,032 4,306 1 Land use categories for specific plans vary from those used in the Development Code. 2 The anticipated density in adopted specific plans, except for the Westside Specific Plan, is 11.6 units /acre for High Density Residential and 15.8 -16.2 units /acre for Very High Density Residential. The anticipated density in a specific plan area refers only to an overall average density across the specific plan when a range of housing types is provided within a residential category. It does not prevent individual projects from achieving the maximum density permitted. 3 Entitlements issued for all remaining units in the Harveston Specific Plan area. 4 Villages of Old Town Specific Plan is an anticipated future Specific Plan. The number of dwelling units is estimated. This project is a concept and no formal application has been submitted for its development. 5 Entitlements issued for all remaining units in Red Hawk. SOURCE: City of Temecula, February 2008. t. 11 0 l 1 1 11 1 lI 1. C, I.. N L R \t 1' 0 1 167 H 0 u S i N G City of Temecula 1&icant Developable Land with Land Use ?pm :2.cas3 tg i s m ►t 4 s o lo in g eri r 4, voll 0,4 4 C 1 1/ 4 To 1 \I 11 ll 1 II C�<� Figure H -4 Vacant Developable Parcels in the City of Temecula 2. 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 property having the potential to subdivide, or construct a second dwelling unit, are shown on Figure H -5. (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: 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; 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. I I 1 I. Al I. ll L 1- 1 I I -09 I. I I. tionwald Streets NM Leder Lazed Residential Properties LIJ Faroe Is Cit EMI ql•Cht r bat ettl itt 11,;( n t• 4110 April 22, 2(109 e I 1 Figure H-5 Underutilized Residential Properties and Potential Second Unit Sites I I. I. L. A GENL I. P L. A N 1-1-70 1 1 1 3. Targeted Sites Within the Old Town Specific Plan area, the Temecula Redevelopment Agency has identified several sites with the potential for residential redevelopment. Currently, the Redevelopment Agency has secured site control of three parcels and is securing site control of six additional sites through acquisition and tax default, totaling 5.33 acres. While the scope of housing development to occur on all of these sites has not been determined, given the Agency involvement, some form of affordable housing development can be expected. Based on the allowable density, an estimated 89 houses affordable to lower income households have been constructed. 4. Vacant Commercial Sites Several commercial zoning districts throughout the City of Temecula permit by right or conditionally permit residential uses. The City's vacant land use survey, included as Appendix B of the Housing Element, identifies all such vacant parcels and the realistic residential development capacity for each parcel if developed with residential uses. Table H 33 summarizes the residential development potential within currently vacant commercial parcels. The data in this Table assumes a density of 20 units per acre, although parcels located within the Urban Density Overlay will be permitted do develop at 30 units per acre as discussed on page H -71. TABLE H -33 POTENTIAL RESIDENTIAL DEVELOPMENT ON VACANT COMMERCIAL LAND General Plan Designations Maximum Vacant Density Acreage Gross Dwelling Units* Community Commercial 20 DU /AC 54.57 818 Highway Tourist Commercial 20 DU /AC 23.32 343 Professional Office 20 DU /AC 174.11 2585 Service Commercial 20 DU /AC 207.31 3082 Total 459.31 6828 Gross Dwelling Unit calculation is based on information contained in Appendix 8, multiplied by a factor of 75% SOURCE: City of Temecula, February 2009. 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 �1 I< U I G y C IK v I I' i. v 1 1 11 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. In 2005, the City updated its General Plan. As a part of the 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, total 448 acres and are characterized either by aging commercial centers, traditional commercial development, or vacant /under utilized 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 Overlay Areas that can be used for mixed -use development. These areas include a failing commercial center on Jefferson Avenue, two struggling commercial centers, and another near Old Town (see below). The Target Center currently has a Vons supermarket, Target store, a 24 -Hour Fitness Center, and many smaller shops and restaurants. Some of the buildings, including 24- Hour Fitness, are currently vacant. The Tower Plaza has a large office complex, some restaurants, a bank, a Big Lots, Armstrong Nursery, and many smaller Shops and restaurants. Recently the Orchards food market closed. The Stater Brothers Center is the oldest of the three mixed -use overlay centers and it currently includes a Salvation Army store, some restaurants, and an automotive use. The Stater Brothers supermarket, which anchored this center, has been closed for more than two years. To the extent that some of these uses remain quite viable (i.e., Target, 24 -Hour Fitness, the office building in the Tower Plaza), there will likely be no redevelopment of these uses in the short-term. As buildings become vacant, such as the Orchards market and the Stater Brothers market, 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 City's Redevelopment Agency is in the process of retaining an economic /fiscal consultant to assess the redevelopment potential and economic viability for the Jefferson Corridor area, which encompasses the Stater Brothers Center. In addition, the City has a C I I i 1172 "Fast Tracy' process that can expedite processing of proposed development in these three areas. Currently, a conceptual mixed -use project is proposed in the Village of Old Town, immediately outside one of the identified Mixed -Use Overlay Areas. The conceptual project proposes a total of 320 dwelling units at various densities, up to 20 units per acre. Building heights proposed range from three to four stories. The City is in the process of negotiating with the project developer the percentage of affordable units (60% lower income and 40% moderate income) in the proposal. The types of mixed -use envisioned for the Mixed -Use Overlay 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. While mixed -use will be permitted by right in the 448 acres identified with mixed -use potential, 40% of the properties are assumed to be developed with residential uses. The maximum residential density for mixed -use development is up to 30 units per acre (or higher with density bonus), with the potential to accommodate between 2,100 and 3,500 units depending on the areas to be included and the carrying capacity of infrastructure. To facilitate mixed -use development, the City will provide flexible development standards such as an increased height limit and shared parking opportunities. The City has revised the Zoning Ordinance to establish specific use, height, bulk, parking, landscaping, and other guidelines for these areas that would be appropriate for mixed -use development. 6. Zoning to Encourage Lower Income Housing Under current zoning, the maximum residential density permitted by right in any zone in Temecula is twenty (20) dwelling 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. However, legislation passed since the adoption of the last Housing Element, codified as Section 65583.2 of the California Government Code, requires that cities the size of Temecula permit residential density of up to thirty (30) units per acre. This density designation is also known as the default density. Permitting by right up to thirty units per acre for all zones where residential development is allowed would foreseeably have significant adverse impacts on the City of Temecula and its resident's quality of is R i_ t 1173 life. The City's master plan originally envisioned high density at 20 units per acre and increasing this to 30 units would represent a 50% across the board increase for high density residential projects. Such an increase would likely result in a diminished ability to provide services such as police and fire protection, utilities, water service, and adequate level of service on City streets. Throughout the development of this Housing Element Update, City staff expressed these concerns to the California Department of Housing and Community Development (HOD) and worked with HCD to develop an appropriate concept to address the default density issue. As part of the adoption of the Housing Element Update, the City will establish and implement a new "Urban Density Overlay" zone that will permit by right 30 dwelling units per acre (and higher with density bonuses) within existing Mixed -Use Overlay Areas and in sites located within the Redevelopment Agency boundary. Figure H -6 identifies the boundaries of the Urban Density Overlay Zone. To achieve 30 units per acre, or more with density bonus provisions, sites located within the new overlay zone will be subject to the following criteria: (1) the parcel is vacant or underutilized (a new Program for identifying underutilized parcels suitable for reuse or redevelopment is included in section VI. B.); (2) residential uses are permitted or conditionally permitted with the underlying zoning for the site; (3) a minimum of 20% of the units are available to Extremely Low Income, Very Low-Income, Low Income, and/or Low- Moderate income families, (4) the breakdown of these units is equivalent to the ratio in the Temecula Regional Housing Needs Assessment for 2006 2014; and (5) the units maintain their affordable status for at least 55 years. All residential projects located outside of the Urban Density Overlay zone will continue to be held at a maximum of 20 units per acre by right. Density bonuses will continue to be available for all residential projects having an affordable component. City staff conducted an analysis of the vacant and underutilized parcels located within the Urban Density Overlay Zone to determine the potential number of residential units that could be accommodated in this area. Detailed information for these parcels can be found in Appendix D. Table H -34 summarizes the potential residential capacity of vacant commercial parcels within the Urban Density Overlay Zone. y i e C u I1 -7l R v i I' v N Q RDA 8cun:ary f I Parcels Vacant Properties with Land Use H t 3.2D V•..'AC 413x) Communty Commercial Hi ftway Tcurist Commercial Prc(essional Office Service Commercial Under Utilized Properties with Land Use Commun ty Commercial 1:. f Hi way Tcurist Commercial City of Temecula Urban Density Overlay 'i� +a I r1, Nom.; gittiv r t 1 r s 4 s i .IPi w 00000 at' tA* 444 Vi I ♦a /P Ail 11 1 �tiE 1 1 1 11 \i 1: LI 1. 1 1 I-75 Figure H -6 Urban Density Overlay Vacant and Underutilized Sites C; 1 1 1: 1 I' 1 L Use Restrictions Commercial Center TABLE H -34 POTENTIAL RESIDENTIAL DEVELOPMENT WITHIN THE URBAN DENSITY OVERLAY ZONE (VACANT PARCELS) None 30 DU /AC 41.99 945 Senior Housing Only 30 DU /AC 63.09 1419 Total 105.08 2364 Maximum Total Gross Dwelling Density Acreage Units* Gross Dwelling Unit calculation is based on assumptions contained in Appendix D SOURCE: City of Temecula, February 2009. The potential number of dwelling units that could be constructed on currently vacant parcels located within the Urban Density Overlay, exceeds the City of Temecula RHNA for extremely low- income, very low-income, and low- income households by 641 dwelling units. Therefore, upon certification by HCD, the City of Temecula Housing Element meets the requirements for appropriate density and adequate capacity for affordable housing. The City of Temecula also desires to spur economic development by creating mixed -use developments in underutilized commercial areas. The potential for residential units within the Urban Density Overlay zone can also include underutilized or underperforming commercial projects. The general locations of such commercial project sites are identified with detailed parcel information in Appendix D. Table H- 35 summarizes assumptions used by City staff to evaluate the potential for residential capacity in underutilized commercial parcels within the Urban Density Overlay Zone. TABLE H -35 POTENTIAL RESIDENTIAL DEVELOPMENT WITHIN THE URBAN DENSITY OVERLAY ZONE (UNDERUTILIZED PARCELS) Maximum Total Gross Dwelling Density Acreage Units* Bel Villaggio 30 DU /AC 17.77 53 Jefferson Avenue (east side) 30 DU /AC 37.26 112 Jefferson Avenue (west side) 30 DU /AC 53.46 160 Target Center 30 DU /AC 50.30 151 Tower Plaza 30 DU /AC 23.42 70 Total 105.08 546 Gross Dwelling Unit calculation is based on assumptions contained in Appendix 0 SOURCE: City of Temecula, February 2009 II I l l L C, I i I A L I A 117() To meet the City's RHNA obligations for the planning period, additional sites and capacity from underutilized parcels is not necessary at this time. However, this is a program the City wishes to pursue and, therefore, general locations have been determined. During the planning period, the City of Temecula intends to complete a parcel specific inventory of all underutilized commercial parcels identified in Appendix D for future consideration of mixed -use development. All of the underutilized parcels are zoned Community Commercial and, therefore, there would not necessarily be any age restrictions on residential units constructed in these centers. 7. Residential Development Potential Compared with Temecula's Regional Housing Needs WRCOG has adopted a RHNA for its member cities. For Temecula, WRCOG has established the City's share of regional housing needs as 4,086 additional units for the period of January 1, 2008 to June 30, 2014, as of December 2008. Table H -36 shows the breakdown of these 4,086 dwelling units into income categories. SOURCE: City of Temecula, 2008. TABLE H -36 SHARE OF THE RIVERSIDE COUNTY RHNA Income Level Extremely Very Low Low Moderate Above Municipality Low Income Income Income Moderate Total Temecula 507 507 693 757 1,622 4,086 Murrieta 784 784 1,067 1,171 2,497 6,303 Hemet 1,242 1,242 1,781 2,080 4,898 11,243 Riverside 1,344 1,344 1,866 2,099 4,728 11,281 Total 3,877 3,877 5,407 6,107 13,745 32,912 Housing Units Constructed: Housing units constructed and issued final building permits between January 1, 2006 and the adoption of the Housing Element can also be counted toward fulfilling the RHNA for this Housing Element cycle. According to City records, a total of 188 new single family dwelling units (including tract homes) and 27 multi family dwelling units have been approved, issued building permits, or constructed since November 1, 2007, as of June 2008. 1 L> I 1 V 1 C 1 1 I A C, L A I R L 1 1177 \1 I c I I The following affordable development projects were completed after January 1, 2006 and, therefore, can be credited toward meeting the City of Temecula RHNA for the 2006 2014 Planning Period: Dalton II approved and constructed 24 units (multi family for -rent) all moderate income under covenant for 55 years pursuant to regulatory agreement Dalton III approved and constructed 22 units (multi family for -rent) 12 low income and 10 moderate income under covenant for 55 years pursuant to regulatory agreement Temecula Lane approved and partially built 11 units (multi- family for -rent) all very low income under covenant for 55 years Riverbank 66 senior units (multi family for rent)/ 13 very low income 53 low income under covenant for 55 years pursuant to regulatory agreement. Cottages —17 units (single- family for -sale) all low or moderate income under covenant for 45 years pursuant to regulatory agreement. Habitat II 5 units (Single family for -sale) all very low income under covenant for 40 years pursuant to regulatory agreement. According to the Home Mortgage Disclosure Act (I IDA) data for the region, in 2006 increasing numbers of Low and Moderate income households decided not to complete their mortgage loan applications. Although the reasons are not clear, some of these could include higher interest rates, and /or requirements for higher down payments. Government backed loans resulted in higher approval rates, but fewer applicants than conventional loans, which provide reduced interest rates and down payment requirements than conventional loans. The City's First -Time Homebuyer Program offers down payment assistance to households with incomes not exceeding the area median income. The Mortgage Credit Certificate and Employee Relocation programs also provide down payment assistance to households with incomes not exceeding 120% of the area median income. RHNA: Table H -36, above, presents the City's portion of the RHNA as determined by WRCOG for each affordability level of housing units to be constructed between January 1, 2006 and June 30, 2014. Table H -37 shows the City's remaining RHNA requirement after crediting the recently completed projects. V NI R L I I '78 I 1 N TABLE H -37 TEMECULA RHNA ADJUSTED FOR COMPLETED PROJECTS Income Level Extremely Very Low Low Moderate Above Municipality Low Income Income Income Moderate Total Temecula SOURCE: City of Temecula, 2008. 507 478 628 706 1,622 3,936 Summary of Residential Development Potential: The City's site inventory demonstrates the availability of adequate sites to address the projected housing growth needs (see Appendix B). Table H -38 summarizes the City's residential development potential. However, the difficulty of providing affordable housing is generally acknowledged due to the tight housing market in Southern California. The site inventory indicates a capacity of 3,629 units on vacant properties outside of a specific plan area and 4,306 units within specific plan areas. Additional capacity is also available through target sites and mixed -use development and the potential to use underutilized parcels. Existing and proposed new zoning designations will facilitate the development of affordable housing, particularly with the use of public assistance, such as redevelopment housing set -aside funds, low income housing tax credits, and Section 8 rental assistance. The Redevelopment Agency is actively pursuing affordable housing development with redevelopment housing set -aside funds as mandated by state law. One recent Redevelopment Agency project, Mission Village, was developed at a density of approximately 20 units to the acre and the units are affordable to Very Low and Low Income households. The City has set target densities for the various residential designations: Hillside Residential (0.1 unit /acre); Very Low Density Residential (0.3 units /acre); Low Density Residential (1.3 units /acre); and Low Medium Density Residential (4.5 units /acre). Only projects that provide amenities or public benefits will be allowed to exceed the target level. However, to facilitate affordable housing development, the City has not set target density levels for the Medium and High Density Residential categories. 1 1 -79 N I 1 1 Income TABLE H -38 SUMMARY OF RESIDENTIAL DEVELOPMENT POTENTIAL Opportunity GP Desig• Maximum Areas nation Density Acres Maximum Unit Potential Lower Outside High 20 du /ac 48 1,029 Income Specific Plan Areas Within Specific Very High 20 du /ac 1,273 Plan Areas Target Sites High 20 du /ac 5.33 89 Mixed -Use MU 35 -40 du /ac 16 (Village of Old Town) Total 2,407 Moderate Outside Medium 12 du /ac 171 2,004 Income Specific Plan Areas Within Specific High 14 du /ac 175 Plan Areas Mixed -Use MU 35 -40 du /ac 11 (Village of Old Town) Total 2,190 Upper Outside Hillside 0.1 4.5 du /ac 1,893 3,041 Income Specific Plan through Areas Low Medium Within Specific Low 0.4 8.0 du /ac 3,234 Plan Area through Medium High Mixed -Use MU various 293 (Village of Old Town) Total 6,568 Note: Development potential in this table does not include the mixed -use areas to be considered in the General Plan update. As indicated in Table H -38 above, development in the City's High Density Residential zone is permitted to occur at densities of 20 units per acre, which can be increased to 30 units per acre with a density bonus, potentially creating housing affordable to Low and Very Low Income households. For Very High Density development within specific plan areas, the anticipated density is 15.8 to 16.2 units per acre (Table H -32). However, the anticipated density refers only to an overall average density across the specific plan when a range of housing types is provided within a residential category. It does not prevent individual projects from achieving the maximum density permitted. Density bonuses for senior and affordable housing may also be permitted within approved specific plan areas as long as the 1 L -A1 1 C U I A C I N I R \I pi A 80 1 1 1 maximum density bonus does not exceed 50% of the target density such areas. Past multi family developments in the City have realized a range of densities, averaging up to about 16 units per acre with some projects exceeding 20 units per acre. According to a major residential developer in the Inland Empire, development of housing affordable to lower income households in most communities in California requires some form of assistance, such as land write downs, construction financing, fee waiver /reimbursement, and/or provision of off -site improvements. The issue is whether the assistance required would be so high that it would render affordable housing development financially infeasible. Based on past projects, the Temecula Redevelopment Agency estimates an average assistance of about $130,000 to $150,000 per unit to develop housing affordable for lower income households. This level of gap financing required in Temecula is consistent with, or less than, that needed in other communities based on a review of affordability gap analyses contained in several inclusionary in -lieu fee studies. Therefore, the $130,000 to $150,000 per unit subsidy to develop affordable housing for lower income households is considered financially feasible. As part of this Housing Element update, the City has included several programs /actions to facilitate affordable housing development. Program 4 (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 9 (Development Fee Reimbursement) offers reimbursement of development fees paid by the developers of affordable and senior housing. Program 11 (Redevelopment Set Aside) identifies the development of multi family affordable housing and acquisition of land for the development of low and moderate income housing as Priority I projects for the use of set aside funds. Affordable Housing Projects in the Pipeline: The agency has, within the last 12 to 18 months, added an additional 121 affordable units to the housing stock and a total 268 over the previous planning period. Currently, the agency is analyzing selected properties for possible acquisition and seeking land Owners as partners in Owner Participation Agreements. The following projects are under construction or are anticipated to be built during the planning period: Warehouse at Creekside 32 units (multi -family for -rent) approved and under construction 19 low income and 13 moderate income under covenant for 55 years pursuant to regulatory agreement 32 units (multi family for rent). vi 11 N I a v t. I' t_ v I t2)l Habitat III 2 to 4 units (single family for sale)/ all very low income. The Redevelopment Agency is in the process of obtaining neighboring property to allow for the construction of 4 units. Creekside Apartments Rehabilitation A TETRA hearing was held on May 27, 2008. The City is awaiting confirmation of the issuance of revenue bonds which will result in the renewal of a 55 year covenant on 33 very low income and 15 low income multi- family for rent units Oak Tree Apartments Rehabilitation The City has received a request for a 'IbFRA hearing to initiate the issuance of revenue bonds which will result in the renewal of a 55 year covenant on 4 extremely low income, 11 very low income and 24 low income multi family for rent age restricted units. Table H -39 identifies the total remaining City of Temecula RHNA for the planning period 2008 -2014 after adjustments have been made for projects completed after January 1, 2006 including projects in the pipeline. Temecula TABLE H -39 REMAINING RHNA ADJUSTED FOR PROJECTS IN PIPELINE SOURCE: City of Temecula, 2009. Income Level Extremely Very Low Low Moderate Above Low Income Income Income Moderate Total 503 430 570 693 1,622 3,813 Correspondence received from HCD during the development of the Draft Housing Element Update indicates that the default density of 30 units per acre only need apply to enough acreage to meet the need for housing units affordable to extremely low, very low, and low income households. The data from Table H -39 shows that the current combined need for such housing is 1,503 units. The City's analysis of the residential capacity within the Urban Density Overlay Zone, Tables H-34 and H-35, yielded a resulting capacity of 2,910 units. Moreover, the vacant land inventory analysis, Appendix B, yields a total capacity of 13,583 units without the benefit of increased density in the Urban Density Overlay Zone. In light of these facts and figures, it is apparent that the City of Temecula, indeed, has sufficient available land, appropriate zoning, and capacity to meet the affordable housing goals for the current RHNA cycle. I I \I 1 11 A I L: R V I i K2 N B. Financial Resources 1. Redevelopment Set -Aside Fund California Redevelopment Law provides the mechanism whereby cities and counties within the state can, through adoption of an ordinance, establish a redevelopment agency. The Agency's primary purpose is to provide the legal and financial mechanism necessary to address blight and the causes of blight, in the community through the formation of a redevelopment project area(s). Of the various means permitted under California Redevelopment Law for financing the implementation of redevelopment plans, the most useful of these provisions is tax increment financing. This technique allows the assessed property valuation within the redevelopment project area to be frozen at its current assessed level when the redevelopment plan is adopted. As the property in the project area is improved or resold, the tax increment revenue generated from valuation increases above the frozen value is redistributed to the redevelopment agency to finance other redevelopment projects. California Redevelopment Law also requires the redevelopment agency to address housing issues for Low and Moderate Income residents in the following ways: Expend 20% of tax increment revenue to increase and improve the supply of Low and Moderate Income housing; Replace Low and Moderate Income housing which is destroyed as a result of a redevelopment project (replacement housing obligation); and Ensure that a portion of all housing constructed or substantially rehabilitated in a redevelopment project area be affordable to Low and Moderate Income households (inclusionary obligation). Prior to Temecula's incorporation, the County of Riverside established a Redevelopment Project on July 12, 1988 with the adoption of Redevelopment Plan No. 1 -1988. The Project area extends from Interstatel5 /State Route 79 Interchange north to the City limits. Old Town is included within the Project area. After incorporation, the City of Temecula assumed responsibility for administering the Project area. Pursuant to State law, the Temecula Redevelopment Agency has established a Redevelopment Housing Fund by setting aside 20% of the tax increment revenue. The Agency anticipates an annual deposit of between $1.4 million and $1.6 million in tax increment funds over C. I 1 1 I I I I C I. I A V I, a five -year period, for a total deposit of approximately $8.4 million to $9.0 million. Based on the required 20% set aside, approximately $1.5 million will be available during the five -year period for housing activities. Since set -aside funds are a function of property tax revenues, the amount of future deposits will depend on factors such as market conditions and the timing of new taxable development. California Redevelopment Law sets forth a variety of options for localities to expend their housing funds, including: Tand disposition and write- downs; Site improvements; Loans; Issuance of bonds; Land and building acquisition by Agency; Direct housing construction; Housing rehabilitation; Rent subsidies; Predevelopment funds; and Administrative costs for non profit housing corporations. The specific uses of the set -aside funds are described in the Housing Plan section of this Housing Element. 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 2007, 105 households were leasing in Temecula with the assistance of Section 8 programs. Of these households, 26 were elderly, 30 were disabled, and 31 were both disabled and elderly. An additional 531 households living in Temecula were on the waiting list to receive Section 8 rental assistance, 33 of which were elderly 88 which were disabled and 33 that are elderly and disabled. I 11 I Al I U L V I_ A I I�b� I I 3. Community Development Block Grant Program (CDBG) The City receives 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 Moderately Low 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. No CDBG funds have been used for housing at this time. 4. Analysis of Non Vacant and Underutilized Lands Staff reviewed a list produced by GIS of underutilized single and multi -family projects within city limits. The following represents staff's findings: Multi- Family Underutilized multi familyproperties 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 underutilized. These properties are identified in Figure H -5. 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. 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 was opposed to 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 I u i. C C N R v I I 85 1 1 1 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-5. C. 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 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'Ako Partners 41911 5 Street Temecula, CA 92590 Telephone: (951)304 -0633 DR Horton 2280 Warlow Circle Suite 100 Corona, CA 92880 Telephone: (951)272 -9000 1 yi I. a 1. r N 1_ it 11 ti( 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 D. 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 most of the future residential development. E. 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. Although the City has not adopted any programs yet to address Climate Change, the City is currently in the process of adopting the Green Builder Program, which includes energy efficiency standards, diversion of solid waste streams, reducing water demand, and other standards. In 2009, the City of Temecula proposes to adopt the California Green Builder Program as a voluntary program for all new single family production homes. In 2010, the City intends to make this a mandatory program In the summer of 2008, the City adopted a new Water Efficient Landscape Ordinance that meets or exceeds all standards contained in the revised State of California Model Ordinance. In addition, the City will adopt the stricter standards under the proposed State of California Model Water Efficient Landscape Ordinance or an equally effective ordinance by July 1, 2010. Furthermore, the City is working on a sustainability program that would include an amendment to the General Plan and is anticipated to be enacted between 2010 and 2011. Some of the proposed targets for this program include reducing kilowatt hours for residential, commercial and industrial uses by 10% u L v 87 by 2015, and reducing kilowatt hours for City owned and operated facilities by 25% by 2015. V. ACCOMPLISHMENTS UNDER ADOPTED HOUSING ELEMENT In order to develop an effective housing plan for the 2008 -2014 period, the City must assess the effectiveness of its existing housing programs and determine the continued appropriateness of such programs in addressing housing adequacy, affordability, and availability issues. This section evaluates the accomplishments of each program against the objectives established in the 2002 Housing Element, explains any discrepancy in program achievements, and recommends programmatic changes to the 2008 -2014 Housing Element. A. Provision of Adequate Housing Sites 1. Land Use Element /Zoning Ordinance Objective: Provide a range of residential development opportunities through appropriate land use and zoning designations to fulfill the City's share of regional housing needs. The new 2008 -2014 RHNA for the City has been set at 4,085 units (507 Extremely Low; 507 Very Low; 693 Low; 757 Moderate; and 1,622 Above Moderate Income households) for the period of 2008 -2014. Accomplishments: During the Last planning period, the City provided adequate sites to accommodate its share of regional growth through specific plan and zoning provisions. A total of 7,473 housing units were constructed between January 2000 and December 2005, representing 182.9% of the City's allocated RHNA. Based on the affordability analysis contained in Section II and Section IV, Part 4, one quarter of the new 5,962 single- family houses constructed are affordable to Moderate Income households, while one -half of the 23 apartments and seven mobile homes constructed during this period are affordable to Moderate Income, with the other half affordable to lower income households. Based on this analysis, the City provided 1,509 units affordable to moderate income households (880% of the RHNA for moderate income households) and 18 units affordable to lower income units (or 13% of the RHNA for lower income households). C I I 1 C I I I i L U L C: N F R V IIR� 2. Sites for Homeless and Emergency and Transitional Shelters Objective: Provide adequate sites for emergency and transitional shelters by adopting a Zoning Ordinance that permits transitional and emergency housing in Medium and High Residential Density zones, and conditionally permits shelters in the remaining Residential zones and Commercial and Industrial zones. Accomplishments: In 1998, Temecula updated the Development Code in which emergency shelters and transitional housing are permitted in the Medium Density and High Density Residential districts. The City required two units in the Rancho West project to be reserved for transitional housing. 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, PO, Business Park, and Light Industrial zoning districts. 3. Landbanking Objective: Acquire sites (or funds) for affordable /senior housing through the development of a Landbanking Program. Accomplishments: In 1996, the Temecula Redevelopment Agency purchased 3.42 acres of land on Pujol Street to be leased to Affirmed Housing for the Mission Village affordable housing project. A 0.19 acre parcel was also purchased by the Agency and will be granted to Habitat for Humanity for the construction of two single family homes affordable to Very Low Income families. In addition, the Agency acquired two Medium Density Residential parcels totaling 0.67 acres. The Redevelopment Agency is working to acquire four additional parcels and two tax defaulted parcels for a total of 4.47 acres. Finally in 2004, the agency acquired a large parcel of land totaling 32.9 acres for a large mixed -use project. B. Assist in Development of Affordable Housing 1. Density Bonus Program Objectizx: Encourage development of housing for low-income households by incorporating a Density Bonus Program into the Zoning Ordinance. Include provisions to ensure the continued affordability of units. 1 k.1) I LI L. G I_ I R I. H-89 1 L. H 0 S 1 N G VI. HOUSING PLAN The five -year Plan is the centerpiece of the 2008 -2014 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 provides 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 people orientation and diversity. I F I A G `t I R \I l k)8 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 under California Redevelopment Law 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 Temecula works to provide a variety of affordable housing opportunities for all economic segments of the community. By coordinating with other government agencies and non profit 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. During the second year (2009) of the planning period (2008- 2014), the 40 units contained in the Oak Tree apartments will be purchased by a non profit that will rehabilitate the units and renew a 55 -year covenant for 20 low-income units and 20 very low income units. During the second year (2009) of the planning period (2008 2014), the Temecula Redevelopment Agency expects to construct "The Warehouse" project, which will add 32 low- and moderate income units to the City's inventory of affordable housing 1199 L x� 2 During the third (2010) or fourth (2011) year of the planning period (2008 2014), Habitat for Humanity' will add two additional units to the existing Habitat 2 project for very low- income families. 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 the City'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 non profit efforts in the development of affordable housing, particularly for special needs groups. Policy 2.3 Encourage the use of non traditional housing models, including single -room occupancy structures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter, and/or transitional housing. Policy 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 in affordable housing developments 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 the City'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. Habitat for Humanity is a non -profit organization that builds and rehabilitates homes with the help of the homeowner families. Through the use of volunteer labor and donations of money and materials, the homes are sold at no profit and financed with affordable loans. I 1 100 C 1 I Discussion The City's goal is to remove or mitigate constraints to the maintenance, improvement, and development of housing to ensure that housing affordable to all members of the community is provided. 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. Conserve and Impmve 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 existing units, both the affordability and the structural integrity of the 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. 11 t 1 v 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 the discrimination in lending practices and insurance practices to purchase, sell, rent, and lease pmperty. Policy 5.2 Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing for. Policy 5.3 Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly, persons with disabilities, large families, single parent households, and the homeless. Policy 5.4 Encourage and consider supporting local private non profit 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 and/or its Redevelopment Agency. 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. I I I U I_ C. A R i. 11102 Policy 6.2 Strengthen opportunities for participation in the approval process for affordable housing projects and all housing projects. 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 five -year goals of each housing program, along with identifying the program funding sources, responsible agency, and time frame for implementation. Summary reports are provided for some of the goals and policies listed below, particularly those that were, in the past Housing Element, linked to a date or performance standards, or for which a goal or policy was specifically met. 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, 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. A new "Urban Density Overlay" zone that will be implemented by 2009 will ensure that residential densities can reach 30 units per acre by right or higher (with density bonuses) for vacant or underutilized sites located within the Redevelopment Area or within a Mixed -Use Overlay zone under certain criteria. The following aspects of the Development Code help to ensure that the City to can provide adequate sites for affordable development: No density targets have been set for the Medium and High Density Residential categories so these districts can be developed at their maximum allowable density; The Village Center Overlay and Planned Development Overlay allow for the modifications and flexibility in development standards; U L A G A L R. 111013 Mobile home parks are allowed in all of the residential zoning districts with a conditional use permit; Senior and affordable housing are allowed in a variety of residential and non residential zoning districts and are eligible for density bonuses and development concessions; Congregate care facilities are allowed in a variety of residential and non residential zoning districts and 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; and Emergency shelters and transitional housing are permitted in the Medium and High Density Residential zoning districts, and conditionally permitted in the remainder of the residential districts. Emergency shelters are also conditionally allowed in several of the non residential zoning districts. There are no additional development standards required by the City for emergency shelters unless the permit approval process through the Riverside County Department of Health and/or Fire Department requires improvements to be made for life safety issues. These improvements may include but are not limited to special "panic" hardware for gates and doors, pull alarms, fire sprinklers, and disabled persons access. As stated in Section IV, the City has a RHNA of 4,086 new units for the period of 2008 through 2014. The residential development capacity under the Temecula Land Use Plan provides sufficient land to meet the City's need for this new construction for the 2008 -2014 period. Five Objectives: The City will continue to implement and, as appropriate and necessary, augment the Land Use Element and Development Code. Progress to The City has implemented amendments to the Development Code and the Land Use Element to ensure that affordable housing can be built in its residential areas by right. Future. The City will continue to augment the Land Use Element and Development Code to incorporate changes required by law, and to t I i R 10 1 11 I i A C, I 1015 ensure the development of affordable housing by right. The City will provide for an adequate number of residential sites to accommodate any remaining regional share of the RHNA, if applicable. Progress to Date: The City will provide for its share of the RHNA to accommodate Low and Moderate Income Housing. Future: The City will continue to provide an adequate number of residential sites to accommodate its remaining share of the RHNA, if applicable. The City will maintain an inventory of sites suitable for residential development (including underutilized commercial sites) and provide that information to interested developers. Progress- toDate• The City has established and maintains an inventory of developable sites. Future: The City will continue to maintain and update its inventory of developable sites and provide that information to interested developers, and will prepare an inventory of underutilized commercial sites suitable for reuse or redevelopment for mixed -use and /or residential uses. The City will encourage the reservation of land that is currently designated for multiple family development for the development of multiple family housing by providing the muki-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. Progress t&Date• The City has established and maintains a multi family sites inventory that is provided to developers. An update is provided on an annual basis. Future: The City will continue to maintain the multi- family sites inventory and to provide copies to muki-family housing developers to solicit development interest. R v L I' L As part of the General Plan update, the City has identified additional areas with mixed -use potential. The City will work to create a Mixed -Use Overlay in the Land Use Policy Map to be applied to approximately 448 acres of land along the I 15 corridor. Residential mixed -use is permitted at a density of 30 units per acre. To ensure mixed -use development, the City will establish appropriate flexible development standards such as increased building height and shared parking opportunities in the Zoning Ordinance. Within six months of adoption of the Land Use Policy Map including the Mixed -Use Overlay, the City will establish development standards appropriate for implementing mixed -use standards. Prrgress- to-Date. The City has established a mixed -use overlay in the Land Use Policy Map and has established development standards in the Zoning Ordinance. Future. The City will continue to use the mixed -use overlay zone to encourage the construction of multi family housing. The City will encourage higher density residential development within the Mixed -Use Overlay Areas by providing appropriate, flexible development standards through the Zoning Ordinance. Upon completion of the General Plan (2003), the City will revise the Zoning Ordinance to establish specific use, height, bulk, parking, landscaping, and other guidelines appropriate for mixed -use development. Progress- to-Date. The updated General Plan was adopted by the City in 2005 and includes a Mixed -Use Overlay. Development standards have been created appropriate for mixed -use development. Future. The City will continue to use the Mixed -Use Overlay Zone to encourage the development of multi family housing. In addition, by 2009, the City will establish and implement a new "Urban Density Overlay Zone" that will allow 30 dwelling units per acre by right or higher with density bonus provisions. Development must meet the following criteria: (1) the parcel is vacant or underutilized; (2) residential uses are permitted or conditionally permitted with it L U\ K V I_ P I. A I I It)() the underlying zoning for the site; (3) A' minimum of 20% of the units will be affordable to Extremely Low Income, Very Low Income, Low-Income, or Low Moderate Income households; (4) the breakdown of these units is equivalent to the ratio in the Temecula Regional Housing Needs Assessment for 2006 -2014; and (5) the units maintain their affordable status for at least 55 years. 2. Sites for Emergency and Transitional Housing According to the 2000 Census and the 2006 Census estimates, there were no homeless persons reported living in the City, and all of Temecula's population was accounted for in either households or group homes. However, the 2007 Riverside County Homeless Survey, conducted on January 24, 2007, identified 105 homeless persons living in Temecula, which accounts for approximately 2.3 percent of the County's homeless population. The City has adopted a program to find housing for Temecula's homeless population. In addition, a number of facilities and service agencies serve the homeless needs of Temecula. The Temecula Development Code provides for the provision of emergency shelters and transitional housing within the City. The City facilitates the development of emergency shelters and transitional housing by permitting such facilities in the Medium Density and High Density Residential districts by right. 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, PO, Business Park, and Light Industrial zoning districts. Fizp- Year Objectives: The City will continue to permit emergency shelters and transitional housing as identified in the Development Code. Progress- to-Date. The City Council has formed a Homeless Shelter Ad Hoc Subcommittee to address the issue of transitional and /or emergency housing for the homeless living in Temecula. Future: The City will continue to work with public agencies and private entities to provide 1 1 ai 1 C H it \I, I v I H07 1 i l At 1 1. A 1 1 108 adequate resources for its 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 continue to require affordable housing projects receiving assistance from the City to reserve units for transitional housing. Progress-to-Date: The City Council has formed a Homeless Shelter Ad Hoc Subcommittee to address the issue of transitional and/or emergency housing for the homeless living in Temecula. Future. The City will continue its efforts to require affordable housing projects that receive assistance from the City to reserve units for transitional housing. Assist in 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 bonus, offer a cost effective means of providing affordable housing. Other programs, such as the Fast Time Home Buyers Program, increase the affordability of new and existing housing. 3. Sites for Supportive Housing and Single Room Occupancies The City has a legal obligation to respond to new legislation passed since the last update of the Housing Element to amend the Temecula Municipal Code to allow for supportive housing and single room occupancy residential uses by right within residential zones. Under the new state law, supportive housing and single room occupancies must be treated as residential uses subject only to the same permit processing procedures as other housing in the same zone. Five- Year Objectives: The City will recommend an amendment to the Temecula Municipal Code for zoning districts appropriate for Supportive Housing and Single Room Occupancy uses. R 1 Progress -to -Date: The City has reviewed the state law and understands the legal requirement and the moral need to provide this type of housing. Future: The City will continue to work with state and public agencies and private entities to provide adequate housing resources for its diverse population. The City will also work to amend the Temecula Municipal Code to allow for these uses within zoning districts deemed appropriate by the City Council within two years of the Housing Element being certified. 4. Density Bonus Ordinance The City has adopted its own Density Bonus Ordinance that complies with State requirements. The allowable density bonus for qualifying senior and affordable housing projects increases the total allowable density for High Density Residential, Medium Density Residential, and Low Medium Density Residential zones. For the approved specific plans, the maximum density, including the density bonus, is not allowed to exceed SO% of the target density in the planning area. Under new 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 Approval of an affordable housing project in the PO zone with the approval of a conditional use permit. Five -Year Objective: The City will inform residential development applicants through the Pre- application process and /or through the C T Y I I IT, M[ C. lR L A G 13 r R A I_ P I, :A N E 1 -109 1 Y 0 i 1 Y, A;l E Development Review Committee Meeting of opportunities for density increases. 5. Land Assemblage and Affordable Housing Development The City can utilize CDBG and redevelopment monies to purchase land for the development of Lower and Moderate Income housing. Through its Redevelopment Agency, the City has acquired three properties totaling approximately 36 acres. The Redevelopment Agency typically provides the land it acquires to affordable housing developers for the development of housing units affordable to Low and Very Low income households. The agency is involved in a developer selection process for the 32 acre site located on Diaz Road. Five -Year Objectives: The City will continue to acquire land for use in the provision of affordable housing. The City will facilitate the development of housing units affordable to lower income households by publicizing its density bonus program (including the new "Urban Density Overlay Zone" to be implemented in 2009 for properties located in a Redevelopment Plan area and /or in a Mixed -Use Overlay Zone) and its incentives, and by making this information available to developers and non- profit 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 within 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, as described in Section IV. Five -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 by 2014. Progress -to -Date: Since adoption of the Second Unit Ordinance, 18 second units in residential zoning districts have been constructed. C 1 T Y 01 Future: The City will continue to allow the construction of affordable second units and 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 homebuyers 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. Five -Year Objectives: The City will continue to promote the regional Mortgage Credit Certificate program to assist an average of 10 households annually by publicizing the program and making the program known to developers and non profit housing agencies. Progress -to -Date: The City continues to promote the regional MCC program to assist eligible households. Future: 8. First Time Home Buyer Program The City'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 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. Five -Year Objectives: The City completed the process of amending the FTHB program in July 2008 to considerably increase assistance The City will continue to promote the regional MCC program to assist an average of 10 households annually. 11 1 1 N by the City to a maximum of $65,000 per unit. For the first year of this program, funds are in place to assist with the purchase of 25 homes. The City has and will continue to reach out to the lending community and advertise the program through the City's website and community publications. 9. Employee Relocation Program The Employee Relocation Program is designed to provide assistance to families moving to the City due to relocation of their employer. This program provides a second trust deed of up to 10% of the purchase price of the house, up to $15,000, to be used for the down payment. During the first five years of the 30 -year loan, no payment on the loan is required. For the remaining 25 years, the loan is fully amortized for 300 months at Prime Rate of simple interest. To be eligible, the applicant must be employed with a City approved company participating in this program and the household income must not exceed 120% of the area median income. The home must be located within the City limits, be attached to a permanent foundation, and be occupied by the seller or vacant. Five -Year Objectives: Despite current market conditions, the $15,000 maximum assistance available is not sufficient in reaching 10% of the purchase price plus closing costs. Therefore, the City will work to amend the program to allow for greater assistance in an attempt to make the program economically feasible. 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. 10. Development Fees Reimbursement Developers of affordable /senior housing may qualify to receive a reimbursement by the Redevelopment Agency 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 through the Redevelopment Agency, the developer enters into a contract with the Agency, which then reimburses the developer for the fees paid. 1 O I 1 L I I. C CI I_ A G I N I I 1 -112. P L N Five -Year Objectives: The Redevelopment Agency will continue to enter into development agreements with qualifying senior/ affordable housing projects on a case -by -case basis to provide development fee reimbursement. 11. Expedite Processing of Affordable Housing Projects Under state housing law, residential projects with an affordable component have priority processing when it comes to provision of water service from water purveyors. Similarly, the City of Temecula should consider adopting a program to expedite processing of affordable housing projects. Five -Year Objectives: The City will investigate the feasibility of committing to shorter processing times for affordable housing projects. The City will need to develop objective criteria to evaluate affordable housing projects to qualify them for expedited processing. 12. Periodic Consistency Review of General Plan, Municipal Code and State Law To prevent unforeseen processing delays between the City's General Plan, Municipal state law or regulatory requirements, the biannual review of the Municipal Code and internal consistency and to ensure regulatory amendments, adoption changes resulting from case law. Five -Year Objectives: due to inconsistencies Code, California Codes, City should conduct a General Plan to ensure consistency with legislative and of new state laws, and policy 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 which may cause the need to amend the General Plan or Municipal Code. C. I T l O F l I. C U I C i F> I; R A I. P t. A h H-113 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. 13. Preserve At -Risk Housing Units Between July 1, 2008 and June 30, 2016 there is one project in Temecula at -risk of conversion from affordable to market. The 55 unit Rancho California development will be re- evaluated in 2011 to determine whether its Section 8 contract will be extended. From conversations with the property owner it was expressed that there is no interest in converting this property to market rate in 2011. The affordable status and Section 8 contracts will be re- evaluated every five years beginning in 2011. The City of Temecula will implement the following programs on an on -going basis to conserve its affordable housing stock. a. Monitor Units At -Risk: Monitor the status of Rancho California and Oaktree, since the affordable restrictions are due to expire during the planning period. Progress -to -Dale: The California Statewide Communities Development Authority has submitted a request for a TEFRA hearing for the Oaktree Apartments. Tuture: The City will continue to monitor the status of Rancho California since the affordable restrictions are due to expire during the planning period, and will work with interested parties to renew the covenants on Oaktree. b. Work with Potential Purchasers: Establish contact with public and non profit agencies interested in purchasing and /or managing units at -risk to inform them of the status of the Rancho California Apartments. 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 i T Y O F 1 1 1 1 C 1 I I. C F: F R i\ 1 11 114 P L A N the Riverside County Housing Authority, and other affordable housing opportunities. d. Assist Tenants of Existing Rent Restricted Units to 1 1 Obtain Priority Status on Section 8 Waiting List: Work Q with the Riverside Housing Authority to place tenants displaced from at -risk units on a priority list for Section 8 jj rental assistance. Five -Year Objectives: The City will monitor the status of Rancho California, and Oaktree. Progress -to -Date: The Oaktree affordable restrictions have been extended. .Future: The City will continue to monitor the status of Rancho California since the affordable restrictions are due to expire during the planning period. The City will identify non profit organizations as potential purchasers /managers of at -risk housing units. The City will explore funding sources available to preserve the affordability of Rancho California, and Oaktree or to provide replacement units. Progress -to -Date: The Oaktree affordable restrictions have been extended. Future: The City will continue to monitor the status of Rancho California since the affordable restrictions are due to expire during the planning period. 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. 14. Redevelopment Set -Aside Prior to '1'emecula's incorporation, the County of Riverside established a Redevelopment Project on July 12, 1988 with the I l l 0 1 1 C ;NI L C t1 I A C I' A fS R A 1 P I_ .1 N 11 C. adoption of Redevelopment Plan No. 1 -1988. The Project area extends from I -15 /State Route 79 interchange north to the City limits. The Old Town is included within the Project area. After incorporation, the City assumed responsibility for administering the Project area. Pursuant to State law, the Temecula Redevelopment Agency established a Redevelopment Housing Set -Aside Fund using 20% of the tax increment revenue. The Agency anticipates an annual deposit of about $3 0 million to $3.3 million in tax increment over a five -year period. Based on the required 20% set aside, approximately $16.5 million will be available during the five -year period for housing activities. Since set -aside funds are a function of property tax revenues, the amount of future deposits will depend on factors such as market conditions and the timing of new taxable development. The housing programs identified for expenditure of Housing Set Aside Funds include funding for the development and preservation of multi- family affordable housing, acquisition of land for the development of Low and Moderate Income housing, and assistance in the rehabilitation of existing housing units. All of these programs are considered Priority I projects for the use of set aside funds. Five -Year Objectives: The City will continue to utilize its Housing Set -Aside Fund to implement the identified housing programs, pursuant to State law. 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 UBC. Five -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 programs to low and moderate- income households cited for code violations. y 0 I I: ;GI F[ c rV C, E A r R A 1. 1' 1, A N 1 1 -116 16. Residential Improvement Program The City provides the following grant and low- interest loan programs under its Residential Improvement Program to assist in rehabilitating existing residential units. Since 1999, 379 households have been assisted under this program. Senior Home Repair Grant This program is available to seniors 55 or older with household incomes not exceeding 120% of the area median income. The one time grant of up to $3,000 can be used for repairing owner- occupied homes on a permanent foundation located throughout the City. Single Family Emergency Grant This program provides up to $2,500 grants to correct confirmed health and safety and /or building code violations in owner- occupied homes on a permanent foundation located throughout the City. The household's income must not exceed the area median income. Single Family Paint Fence Repair Loan This loan program is available to households whose income does not exceed the area median income Eligible housing units include owner occupied homes on a permanent foundation located throughout the City. The maximum loan is $7,500 to be used for exterior improvements to the house. The interest rate for the loan is five percent, but the payments are deferred and forgiven after five years if the owner still owns and occupies the unit. If the house is sold within the five -year period, the loan will be due and payable. 17. Section 8 Rental Assistance Program The Section 8 rental assistance program extends rental subsidies to Very Low Income families and 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 issues to the 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. Five -Year Objectives: The City will continue to contract with the County of Riverside to administer the Section 8 Rental Assistance E i1(7 Program and provide rental assistance to at least 105 Vety 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 this information known to city and county agencies, and housing non profits. 18. Mobile Home Assistance Program (MPAP) To preserve affordable housing opportunities found within mobile home parks, the 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. Fite- Year Objectiws: 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. Promote Equal Housing Opportunities 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, martial status, ancestry, national origin, color, age, or physical disability. 19. Equal Housing Opportunity 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. 1 I A L_ U t \I I' I. A 11118 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 State Department of Fair Employment and Housing and HUD in the referral, enforcement, and resolution of housing discrimination cases. Fite Year Objectizrs: 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, Temecula Community Center, and Temecula Community Recreation Center. The City will continue to post information regarding fair housing services on the City web site. Future fair housing workshops can also be advertised on the City web site. 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. Five Year Objectizes: The City will continue to offer housing referral services through its Housing Referral Directory. I 1 1 I AI C IJ I A I R L l' L IIIN) 21. Housing for Persons with Disabilities The City will analyze and determine whether there are constraints on the development, maintenance, and improvement of housing for persons with disabilities, consistent with SB 520 enacted January 1, 2002. The analysis will include land use controls, permit procedures, and building codes. Fizr Year Objectives: If any constraints are found in these areas, the City will develop a plan by January 1, 2003 to remove the constraints or provide reasonable accommodation for housing intended for persons with disabilities. Progress to-Date The City has updated its General Plan and Zoning Code to provide more opportunities for the development of housing for persons with disabilities. Future. The City will continue to monitor its General Plan and Zoning Code increase opportunities for the development of housing for persons with disabilities and to conform to State law. 22. 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 ®BG 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 the 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 with meeting the needs of the community. Fite 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 I 1 1 I 1 I I i U L 1 I A I. P I_ Iii20 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. C. Summary of Quantified Objectives The following Table H 40 summarizes the City's quantified five -year objectives with regard to housing production, conservation, rehabilitation, and provision of homeowners' assistance. Table H 41 provides the detail for this summary and assigns responsibility for reaching the City's five -year objectives. TABLE H -40 SUMMARY OF QUANTIFIED OBJECTIVES Extremely Very Low Low Low Moderate Upper Type of Activities Income Income Income Income Income Total New 503 425 570 693 1,622 3,813 Construction Conservation At -Risk 95 95 Housing Section 8 Rehabilitation 4 11 62 77 Homeownership First -Time Homebuyer 50 100 150 Total 507 531 682 793 1,622 4,135 SOURCE: City of Temecula, 2009. I I. A; U I. A 1 1 )1 R V I. 1 I. A Housing Program Provision of Adequate Housing Sites 1. Land Use Element and Development Code 2. Sites for Emergency and Traditional Housing 3. Sites for Supportive Housing and Single Room Occupancies Program Objectives Provide a range of residential development opportunities through appropriate and use designations. Provide for sites for the development and opportunities for the provision of housing for the homeless. Provide for sites for the development and opportunities for the provision of short to moderate length stay affordable housing. I \I TABLE H-41 HOUSING PROGRAM SUMMARY 5 -Year Objective and Time Frame Funding Source Continue to augment the Land Departmental Use Element and Development Budget Code to incorporate changes required by law, and to facilitate the development of affordable housing by right. Continue to provide an adequate number of residential sites to accommodate its remaining share of the RHNA, if applicable. Continue to maintain and update its inventory of developable sites and provide that information to interested developers. Continue to maintain the multi- family sites inventory and to provide copies to multi family housing developers to solicit development interest. Continue to use the Mixed -Use Overlay Zone to encourage the construction of multi family housing. By 2009, implement a new "Urban Density Overlay Zone" that allows 30 dwelling units per acre by right (or more with density bonuses) if the project meets certain criteria and is located in a Redevelopment Plan area or a Specific Plan area. Continue to work with public agencies and private entities to provide adequate resources for its homeless population. To the extent feasible, participate in efforts to unite organizations and entities that provide services to the homeless. Continue efforts to require affordable housing projects that receive assistance from the City to reserve units for transitional housing. Continue to work with the state, public agencies and private entities to provide adequate housing resources for its diverse population. The City will also work to amend the Temecula Municipal Code to allow for these uses within zoning districts deemed appropriate by the City Council. Departmental Budget Departmental Budget I.I L V I V I' R \I I I Responsible Agency Planning Department Planning Department Planning Department Housing Program Affordable Housing Development 4. Density Bonus Ordinance 5. Land Assemblage and Affordable Housing Development 8. First Time Home Buyer Program Removal of Governmental Constraints 10. Development Fees Reimbursement Program Objectives 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. 6. Second Unit Facilitate the Ordinance development of affordable housing through the construction of second units. 7. Mortgage Credit Assist first time home Certificate Program buyer by promoting the regional Mortgage Credit Certificate Program, Affordable Housing Development Assist lower income first time home buyers with the purchase of a home through the use of loan assistance. 9. Employee Relocation Provide loan Program assistance to qualified, lower income relocated employees for the purchase of a home. Reduce the cost of affordable /senior housing development through the TABLE H-41 HOUSING PROGRAM SUMMARY 5 -Year Objective and Time Frame Funding Source Inform residential development applicants 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 its density bonus program (including the new "Urban Density Overlay Zone" to be implemented in 2009 for properties located in a Redevelopment Plan area and /or in a Mixed -Use Overlay Zone) and its incentives, and by making this information available to developers and non- profit housing agencies through the development application process. Continue to allow and promote Departmental the construction of affordable Budget second units to result in the construction of ten new second units by 2014 by publicizing the program. Continue to promote the Departmental regional Mortgage Credit Budget Certificate program to assist an average of 10 households annually. Amend the FTHB program to considerably increase assistance from the City to a maximum of $65,000 per unit. Assist with the purchase of 25 homes when the amended program is in place. Work to increase assistance amount in attempt to make the program economically feasible. Continue to enter into development agreements with qualifying senior /affordable housing projects on a case -by- Departmental Budget Responsible Agency Planning Department Redevelopment Redevelopment Set -aside Funds Agency and CDBG funds Planning Department Planning Department Redevelopment Redevelopment Set -aside Agency Redevelopment Redevelopment Set -aside Agency Redevelopment Redevelopment Set -aside Agency 1 l A I l l l L V R A H23 Housing Program Program Objectives 11. Expedite Processing of Affordable Housing Projects 12. Periodic Consistency Review of General Plan, Municipal Code and State Law reimbursement of development fees. Consider adopting a program to expedite processing of projects with an affordable housing component. Conduct biannual review to ensure consistency with legislative and regulatory amendments, new state laws, and case law interpretations. Conserve and Improve Existing Affordable Housing 13. Preserve At -Risk Housing Units 14. Redevelopment Set Aside 15. Code Enforcement Conserve and Improve 16. Residential Improvement Program Encourage the continued affordability of at -risk housing units to preserve existing affordable housing opportunities. Develop and preserve affordable housing through the expenditure of Redevelopment Set aside funds. Maintain the existing housing stock through the enforcement of the UBC. Existing Affordable Housing Assist with the rehabilitation of existing single and multi family lower income housing units through the use of loan and grant I. I 1 1• J.` I yI I TABLE H-41 HOUSING PROGRAM SUMMARY 5-Year Objective and Time Frame Funding Source case basis to provide development fee reimbursement Investigate the feasibility of shorter processing times and develop criteria to qualify projects for expedited processing. 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 in response to significant case law interpretations. Continue to monitor the status of Rancho California since the affordable restrictions are due to expire during the planning period. Identify non profit 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 utilize the City's Housing Set -Aside Fund to implement the identified housing programs, pursuant to State law. Continue to enforce the UBC and offer information regarding housing rehabilitation programs to low and moderate income households cited for code violations. Fund 30 rehabilitation grants and loan annually through the City's Residential Improvement Program. Departmental Planning Budget Department Departmental Planning Budget Department Redevelopment Set -aside Funds, CDBG Funds, and Section 8 Vouchers/ Certificates. Redevelopment Set -aside Funds Departmental Budgets Redevelopment Set -aside and CDBG Funds Responsible Agency Redevelopment Agency, Planning Department and Riverside Housing Authority. Redevelopment Agency Planning Department Redevelopment Agency U I A I R V L F I Ii I71 Housing Program 17. Section 8 Rental Assistance Program 18. Mobile Home Assistance Program (MPAP) Promote Equal Housing Opportunity 19. Equal Housing Opportunity 20. Housing Referral Directory 21. Housing for Persons Analyze and with Disabilities t. 1 Program Objectives programs. Support the County of Riverside's Section 8 Rental Assistance Program. Avoid the loss of affordable housing within mobile 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 opportunities for housing by participating in the Riverside County Consortium. Assist community members in locating housing which meets the individual's needs. determine whether TABLE H-41 HOUSING PROGRAM SUMMARY 5 -Year Objective and Time Frame Funding Source 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 residents in pursuing MPAP funds in the event that the owners propose to close the mobile home park. Continue to participate in the Riverside County Consortium in implementing the fair housing plan. Place fair housing brochures at City counters, public libraries, the Temecula Community Center, and Temecula Community Recreation Center. Continue to post information regarding fair housing services on the City web site. Future fair housing workshops can also be advertised on the City web site. Continue to provide referral services to the Fair Housing Program of Riverside County for residents inquiring about fair housing issues. Continue to update it 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. HUD Section 8 allocations Departmental Budget Departmental Budget Departmental Budget and Redevelopment Set -aside Funds I L Af c U V G t I• a V I_ I H2.5 Responsible Agency Planning Department Planning Department Planning Department Planning Department and Redevelopment Agency Continue to monitor the City's Departmental Planning and General Plan and Zoning Code Budget Building V r Housing Program Program Objectives Housing Element Monitoring and Reporting 22. Annual Reporting/ Housing Needs Database I 1 1 I there are constraints on the development, maintenance, and improvement of housing for persons with disabilities, consistent with SB 520 enacted January 1, 2002. Monitor the housing needs of the community and the ability of current housing programs to meet these needs through ongoing reporting. TABLE H-41 HOUSING PROGRAM SUMMARY 5 -Year Objective and Time Frame Funding Source to increase opportunities for the development of persons with disabilities and to conform to State law. Continue to require that service agencies report on their accom- plishments 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. Departmental Budget and CDBG Funds Responsible Agency Departments Planning Department ll L t I A F R V I. I. A A H76 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 U.S. Department of Housing and Urban Development (HUD) and is the midpoint income for am 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. 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. I i 1 v I I .A1 IFP R V I. I' L V 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). Congre gate 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. 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. 1 1 1 L AI I i U L 1 I12i p L 1 1 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. 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). 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). C AI r it L V C. A I R iI7.) a 1 1 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 (U.S. 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 govemment 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 individuals living in dormitories, prisons, convalescent homes, or other group quarters. I I l C I I At I ll L I. `y I. R I Pt. II1it) I 1 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 U. S. 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. C L ice. I -13( R. I. 1' L 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 carved forward three years, until used.) Mortgage Revenue Bond (MRS): 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 U.S. 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 1.51 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 U.S. Census Bureau. Severe overpayment, or IH 32 cost 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. Physical Defects: A housing unit lacking complete kitchen or bathroom facilities (U.S. Census definition). Jurisdictions may expand the Census definition in defining units with physical defects. 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. Redevelopment Agency: California Redevelopment Law provides authority to establish a Redevelopment Agency with the scope and financing mechanisms necessary to remedy blight and provide stimulus to eliminate deteriorated conditions. The law provides for the planning, development, redesign, clearance, reconstruction, or rehabilitation, or any combination of these, and the provision of public and private improvements as may be appropriate or necessary in the interest of the general welfare by the Agency. Redevelopment law requires an Agency to set aside 20 percent of all tax increment dollars generated from each redevelopment project area for the purpose of increasing and improving the community's supply of housing for low and moderate income households. 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 I I 1 C. I I I V V c. U I A (.;1 A Ir R V I p 1 I-i33 l I I 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 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 a regional planning agency which encompasses six counties: Imperial, Riverside, San Bemardino, Orange, Los Angeles, and Ventura. SLAG 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 Califomia 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 Structure (SRO): A rented room that often includes shared bathroom and kitchen facilities. 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 1 R II13�1 I I r l! LA i a L v I 113 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: Housing with a supporting environment, such as group homes or Single Room Occupancy (SRO) housing and other housing that includes a supportive service component such as those defined below. 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: Transitional housing is temporary (often six months to two years) housing for a homeless individual or family who is transitioning to permanent housing. Transitional housing often includes a supportive services component (e.g. job skills training, rehabilitation counseling, etc.) to allow individuals to gain necessary life skills in support of independent living. 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 years. U.S. 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. I 1 I 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. Each city and county adopts a zoning ordinance specifying these regulations. VI I I. I L V 11\1i 11137 THIS PAGE LEFT INTENTIONALLY BLANK Notes All Vacant Parcels in the City of Temecula Zone Community Commercial'' High Density Residential Highway Tourist Commercial' Industrial Park Low Density Residential Low Medium Density Residential Medium Density Residential Multiple Zone? Neighborhood Commercial' Open Space Professional Office' Public Institutional Public Recreation Service Commercial' Very Low Density Residential Zones that Permit High Density Residential by Right Zone Community Commercial' High Density Residential' Highway Tourist Commercial' Multiple Zone? Professional Office' Service Commercial' Zones that Conditionally Permit High Density Residential Zone Community Commercial Professional Office' City of Temecula General Plan Housing Element Update 2008 Appendix B Vacant Land Inventory and Residential Capacity Analysis Number of Parcels 54 19 16 89 160 637 30 20 10 10 52 8 1 60 170 Number of Parcels 54 19 16 20 52 60 Number of Parcels 54 52 Total Acreage 54.57 70.28 23.32 392.50 206.14 367.64 214.01 398.92 37.86 96.47 174.11 149.18 1.45 207.31 553.08 1336 2946.84 Total Acreage 54.57 70.28 23.32 398.92 174.11 207.31 221 928.51 Res. Capacity 818 1047 343 0 403 1811 1912 1040 336 0 2585 0 0 3082 206 13583 Res. Capacity 818 1047 343 1041 2585 3082 8916 Total Acreage Res. Capacity 54.57 818 174.11 2585 106 229 3403 1 Senior Citizen housing (age restricted) is permitted in this zone at 20 units per acre by right. 2 Multiple Family residential housing is permitted in this zone at 20 units per acre with a Conditional Use Permit. 3 Affordable housing is permitted in this zone at 20 units per acre with a Conditional Use Permit. 4 Residential capacity for parcels with multiple zones is estimated based on the developable acreage for each parcel. 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EE ODDDDDDDDDMDDDDDODDDDOODDMDDODDD DDDDDDDDDOODDODDD rop 20 0 0 0DD 2 0 '&000000000000000000000000000000000000000000000000000 }.0 0 0 D 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J 0 0 D 0 0 D O D D J 0 0 D WW O O D OW 00 W 0 OO 00 oo :33 rnrnrn3i 00000000000000000000000000000000 0000000000000000000000000000000000 J J J J J 0 J J 0 J 0 0 J b 111,Z �ONNN�D OtO tD tO �D �ONNm[p tp �p tp �OmNNN�O tO Ntp(p NCO mt°mbN�O tDNNmN(O aDNNm�pm�°m(p �p b�0Nt9N NtO tON N(O SON O D a "00 O 1- 2 1 ;W 0 14 4444x44 4444414414441-4 441 4444444444444444 0 aaaaaa 00000000000N N 000000aaaaaa000000aaaeaaaaaeaaaaaaaaaaaaaaaaaaaa N N N N N N N O 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 N 0 O N N N N N N O N N N N N N N N N N N N N N N N N N V N m O N O N O 0 0 0 0 0 W 0 O 0 0 t`] 1 N O N N m 0 N 0 0 N 1 N m 0 0 0 0 0 0 0 0 0 Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 a 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 N N 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O +Q 0 0) 0 0 0 0 0 0) 0 N N N N O NLO O N N N O W N O NN O O N N N O N O N O N O N O N N O O 0)0)0)0)0)00000)0)0000)000000000 m m m 0 m 0000000 m 0 m m m O m m m m 0) 00) m 0 m m m m m O N 0)00) 000)0)0)0)0 Project Title: 2008 -2014 City of Temecula Housing Element Update Lead Agency: City of Temecula Street Address: 43200 Business Park Drive City: Temecula, CA Zip: 92590 Contact Person: Emery J. Papp Title: Senior Planner Phone: (951) 693 -3955 Project Location: Citywide Assessor's Parcel No.: N/A Total Acres: N/A Within 2 miles State Hwy Interstate 15 Airports. French Valley Airport Waterways: Murrieta Creek, Temecula Creek, Santa Gertrudis Creek Railways: none Schools: Temecula Valley High, Chaparral High, Rancho Vista High, Linfield Christian, Margarita Middle, John Day Middle, Vintage Hills Elementary, Rancho Elementary, Vail Elementary, Temecula Elementary, Paloma Elementary CEQA Document Type ]NOP [X]Negative Declaration ]Supplement EIR ]EIR (Prior ]Early Consultation ]Draft EIR ]Subsequent EIR ]Other SCH Local Action Type ]General Plan Update ]Specific Plan ]Rezone ]Annexation ]General Plan Amendment ]Master Plan ]Prezone ]Redevelopment [X]General Plan Element ]Planned Unit Development[ ]Use Permits ]Coastal Permit ]Community Plan ]Site Plan /Plot Plan ]Subdivision of Land ]City Development Project ]Other Development Type ]Residential: Units Acres ]Water Facilities: Type MGD ]Office: Sq.ft. Acres Employees ]Transportation Type Employees ]Mining: Mineral ]Commercial: Sq.ft. Acres ]Industrial: Sq.ft. Acres Employees ]Power: Type ]Educational: ]Waste Treatment: Type ]Recreational: ]Hazardous Waste:Type [X]Other: Statutory Housing Element Update Project Issues Discussed in Document [X]AestheticNisual [X]Flood Plain /Flooding [X]Schools /Universities [X] Water Quality [X]Agricultural Land ]Forest Land /Fire Hazard ]Septic Systems [X]Water supply /groundwater City of Temecula Community Development Planning Division SCH R: \pappe\Housing Element 2008 \CEQA \NOTICE OF COMPLETION State Clearinghouse Form.doc 1 Notice of Completion [X]Air Quality [X]Archeological/Historical ]Coastal Zone [X]Drainage /Absorption jEconomic /Jobs }Fiscal Present Land Use: N/A Current Zoning: N/A General Plan Use: N/A [X]Geologic /Seismic [X]Minerals [XlNoise [X]Toxic /Hazardous [X]Public Services /Facilities [X]Recreation /Parks [X]Sewer Capacity [X]Wildlife [XlSolid Waste [X]Land Use [X]Traffic /Circulation ]Vegetation ]Wetland /Riparian ]Soil Erosion /Compaction /Grad [X]Growth Inducing [X]Population /Housing Balances [X]Cumulative Effects [XIOther: Light Glare Project 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 Plan. Section 65302(c) of the Government Code sets forth the specific components to be contained in a community's Housing Element. State law requires Housing Elements to be updated at least every six years to reflect a community's changing housing needs. This update covers the 2008 -2014 planning period, pursuant to the 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 for the current update cycle to address existing and projected housing needs. The Housing Element Update 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; Identifies the regionally determined Regional Housing Needs Assessment for the City; and An analysis of appropriate densities to support affordable housing needs in the City. Mail to: State Clearinghouse, 1400 Tenth Street, Sacramento, CA 95814 (916) 445 -0613 R: \pappe \Housing Element 2008 \CEQA\NOTICE OF COMPLETION State Clearinghouse Form.doc 2 REVIEWING AGENCIES CHECKLIST Resources Agency Boating/Waterways Coastal Commission Coastal Conservancy Colorado River Board Conservation Fish and Game Forestry Office of Historic Preservation Parks and Recreation Reclamation S.F. Bay Conservation Development Commission Water Resources (DWR) Business, Transportation, Housing Aeronautics California Highway Patrol Caltrans District No. Department of Transportation Planning (Headquarters) X Housing Community Development Other State Consumer Services General Services OLA (Schools) Public Review Period (to be filled in by lead agency) Starting Date Signature Consulting Firm Address City /State /Zip Contact Phone JuLv- 3..1 2009 a Ending Date Lead Agency (Complete if Applicable): Date Applicant Address City /State /Zip Phone Environmental Affairs Air Resources Board APCD /AQMD California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB: Water Rights Regional WQCB Youth Adult Corrections Corrections Independent Commissions Offices Energy Commission Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Land Commission Tahoe Regional Planning Agency Food Agriculture Health Welfare Health Services August 31,2009 R:\pappe \Housing Element 200810EQA \NOTICE OF COMPLETION State Clearinghouse Form.doc 3 KEY S= Document sent by lead agency X= Document sent by SCH Suggested distribution o o For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies Date to SCH Clearance Date Notes: City of Temecula Community Development Planning Division PROJECT DESCRIPTION: 2008 -2014 City of Temecula Housing Element Update DISTRIBUTION DATE: July 31, 2009 CITY OF TEMECULA: Building Safety Fire Department Police Department E Parks Recreation (TCSD) Planning (Principals) Public Works GIS Architect Landscape Architect City Attorney Telecommunication Consultant STATE: Caltrans Districts 8 Caltrans District 10 Fish Game Mines Geology Regional Water Quality Control Board State Clearinghouse State Clearinghouse (15 Copies) Water Resources Bureau of Land Management FEDERAL: Army Corps of Engineers Fl Fish and Wildlife Service REGIONAL: AQMD ALUC LAFCO RCA RTA RCTC RWQCB SCAG WRCOG R: \pappe \Housing Element 2008 \CEQA\Agency Distribution List.doc Agency Distribution List CASE PLANNER: Emery J. Papp RIVERSIDE COUNTY: Clerk of the Board of Supervisors Riverside County EDA fj Engineer Flood Control Health Department [1 Health Department Haz Mat Parks and Recreation Planning Department County Geologist UTILITY: Eastern Municipal Water District Rancho CA Water District, Will Serve Metropolitan Water District Time Warner Cable Verizon So CA Gas So CA Edison CR &R OTHER: City of Murrieta El n TVUSD MVUSD Pechanga Indian Reservation Soboba Indian Reservation UCR Eastern Information Center Homeowners' Association: In r CA Department of Housing and Community Development n Fl City of Temecula Community Development Planning Division Notice of Proposed Negative Declaration PROJECT: 2008 2014 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 Plan. Section 65302(c) of the Government Code sets forth the specific components to be contained in a community's Housing Element. State law requires Housing Elements to be updated at least every six years to reflect a community's changing housing needs. This update covers the 2008 -2014 planning period, pursuant to the 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 for the current update cycle to address existing and projected housing needs. The Housing Element Update 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; Identifies the regionally determined Regional Housing Needs Assessment for the City; and An analysis of appropriate densities to support affordable housing needs in the City. 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 July 31, 2009 to August 31, 2009. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589 -9033. City Hall is located at 43200 Business Park Drive. The public notice of the intent to adopt this Negative Declaration is provided through: ®The Local Newspaper ❑Posting the Site riNotice to Adjacent Property Owners If you need addition. nformation or have any questions concerning this project, please contact Emery J. Papp, lanner at 4.1 •t -3955. Prepared by: Senior Planner (Title) City of Temecula P.O. Box 9033, Temecula, CA 92589 -9033 Environmental Checklist Project Title 2008 2014 City of Temecula Housing Element Update Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589 -9033 Contact Person and Phone Number Emery J. Papp, AICP, Senior Planner (951) 693 -3955 Project Location City of Temecula, in 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 Plan. Section 65302(c) of the Government Code sets forth the specific components to be contained in a community's Housing Element. State law requires Housing Elements to be updated at least every six years to reflect a community's changing housing needs. This update covers the 2008 -2014 planning period, pursuant to the 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 for the current update cycle to address existing and projected housing needs. The Housing Element Update 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; Identifies the regionally determined Regional Housing Needs Assessment for the City; and An analysis of appropriate densities to support affordable housing needs in the City. 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 is required California Department of Housing and Community Development (HCD) R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture Resources Noise Air Quality Population and Housing Biological Resources Public Services Cultural Resources Recreation Geology and Soils Transportation/Traffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance Land Use and Planning None Determination (To be completed by the lead agency) On the basis of this initial evaluation: r 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Emery Papp, Senior Planner Printed Name and Title Date For R: \pappe \Housing Element 2008\CEQA \Final screen check draft Initial Study (07- 30- 09).doc 2 7/ I 4,- City of Temecula 1. AESTHETICS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect on a scenic vista? f b Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c Substantially degrade the existing visual character or quality of the site and its surroundings? Ni d Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Comments: 1.a. —c. No Impact: The proposed project is the adoption of the 2008 -2014 Housing Element Update, which is a document that describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels "Housing Element Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan and any future plans for new development will be reviewed by the City at the time they are proposed including site design, landscaping, and architectural design 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. 1.d. Less Than Significant Impact: Adoption of the proposed 2008 -2014 Housing Element Update does not propose or entail any new development, construction, or physical changes to the environment. Therefore, the Housing Element Update itself 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 directly impact the environment or result in any direct impacts to aesthetics. While the Housing Element Update may encourage residential development of up to 30 dwelling units per acre (and higher with density bonuses) within the City's existing mixed use overlay area; mixed use and residential development is already allowed within these areas and the City's General Plan and the certified 2005 General Plan Environmental Impact Report anticipated that development intensity may increase within the Redevelopment Area boundary. Furthermore, mixed use is not only planned and analyzed but encouraged by the City's 2005 Certified General Plan EIR and in the General Plan Land Use policies adopted on Pages LU -43 and LU 44 under the subheading "Encouraging Mixed Use Areas along Interstate 15 have been identified as opportunities for mixed use by the General Plan and therefore these areas are identified within the proposed Urban Density Overlay of the Draft Housing Element Update. While the Urban Density Overlay could facilitate residential development, the City's General Plan has planned for residential units to be added within existing shopping centers and commercial districts; the environmental effects of which were already adequately analyzed in the City of Temecula Certified 2005 General Plan Environmental Impact Report "EIR As discussed in the City's General Plan (pages LU -35 and LU -36)) and also analyzed in the certified 2005 General Plan EIR (page 5.9.9 and 5.9.10), residential units will be introduced within existing commercial corridors and intensity may increase. The Land Use Element indicates that a range of 1,173 to 2,348 new residential dwelling units could be constructed within the Mixed Use Overlay areas. The draft Housing Element Update identifies 82 parcels that could accommodate up to 2,364 new dwelling units within the proposed Urban Density Overlay, which includes the City of Temecula Redevelopment Area and the existing Mixed Use Overlay Areas. Therefore, the draft Housing Element Update could potentially yield 16 more residential units than what was previously analyzed in the certified 2005 General Plan EIR. Because the existing General Plan and the Certified 2005 General Plan Environmental Impact Report anticipated a potential for 2,348 dwelling units within the Mixed Use Overlay areas, the aesthetic impacts associated with an additional 16 units are expected to be less than significant. In addition, the R: \pappe \Housing Element 2008 \CEOA \Final screen check draft Initial Study (07- 30- 09).doc 3 2. AGRICULTURE 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. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless 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? J b Conflict with existing zoning for agricultural use, or a Williamson Act contract? c Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non agricultural use? Ni potential for intensified residential development within the proposed Urban Density Overlay area will not create significant Tight or glare that will impact nighttime viewing from the Mount Palomar Observatory, as no portion of the Urban Density Overlay is within the 15 -mile buffer area of the observatory. As a result, no aesthetic impacts are expected to occur. The adoption of the Housing Element Update is a supporting document of the City's General Plan; both of which call for residential units to be introduced within commercial areas. Future development proposals will necessitate further CEQA analysis to determine any aesthetic impacts. The adoption of the Housing Element Update; however, has no aesthetic impact and specific development applications will be analyzed pursuant to CEQA on a case -by -case basis. 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 0S -3 on page OS -19 of the Open Space Element of the City's General Plan, the City of Temecula does not contain any Prime Farmland, Unique Farmland or Farmland of Statewide Importance. Therefore, the adoption of the proposed Housing Element Update will not have any impacts to Farmland. Additionally, 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. None of the existing vacant or underutilized sites identified in the Housing Element are intended to be used for an agricultural use. As a result, no impacts will occur. 2.b. No Impact: None of the sites identified in the Housing Element are intended to be used for an agricultural use and the sites are not regulated by Williamson Act contracts. Consequently, there are no impacts related to this issue. 2.c. 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 0S -3 on page OS -19 of the Open Space Element of the General Plan, the City of Temecula does not contain any Prime Farmland, Unique Farmland or Farmland of Statewide Importance. Therefore, the adoption of the proposed Housing Element Update will not have any impacts to Farmland. Additionally, 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. 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 will occur. R: \pappe \Housing Element 2008 \CEOA \Final screen check draft Initial Study (07- 30- 09).doc 4 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Conflict with or obstruct implementation of the applicable air quality plan? b Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Ni 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)? Ni d Expose sensitive receptors to substantial pollutant concentrations? e Create objectionable odors affecting a substantial number of people? Comments: 3.a. No Impact: The Air Quality Management Plan (AQMP) for the South Coast Air Basin (SCAB) sets forth a comprehensive program that will lead the SCAB into compliance with all federal and state air quality standards. 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, a supporting document of the City's existing General Plan, complies with the previously certified 2005 General Plan Environmental Impact Report and does not conflict or obstruct implementation of the applicable air quality plan. The Land Use Element indicates that a range of 1,173 to 2,348 new residential dwelling units could be constructed within the Mixed Use Overlay areas. The draft Housing Element Update identifies 82 parcels that could accommodate up to 2,364 new dwelling units within the proposed Urban Density Overlay, which includes the City of Temecula Redevelopment Area and the existing Mixed Use Overlay Areas. Therefore, the draft Housing Element Update could potentially yield 16 more residential units than what was previously analyzed in the certified 2005 General Plan EIR. Because the existing General Plan and the Certified 2005 General Plan Environmental Impact Report anticipated a potential for 2,348 dwelling units within the Mixed Use Overlay areas, the air quality impacts associated with an additional 16 residential dwelling units is not expected to conflict with or obstruct the implementation of applicable air quality plans and, therefore, will have no impact on applicable air quality plans. 3.b. -e. Less Than Significant Impact: The adoption of the proposed 2008 -2014 Housing Element Update does not propose or entail any new development, construction, or physical changes to the environment. Therefore, the Housing Element Update itself would not violate any air quality standard or contribute substantially to an existing or projected air quality violation; 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; expose sensitive receptors to substantial pollutant concentrations; or create objectionable odors affecting a substantial number of people; and, as such, as such, would not directly impact the environment or result in less than significant impacts to air quality. R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 5 The City of Temecula already lies within the South Coast Air Basin which is within a non attainment area (non attainment areas exceed federal standards more than two times per year and are subject to more stringent planning and pollution control requirements) and the City's development potential was analyzed in the 2005 General Plan Environmental Impact Report which identified mitigation for air quality. Even with mitigation, a statement of overriding considerations for development was adopted. Mitigation measures to minimize short term and long term air quality impacts are noted on pages 1 -8 through 1 -13 of the City of Temecula 2005 Certified General Plan EIR and include implementing policies that promote the future development of mixed use projects as mixed use overlay areas which will reduce traffic emission. As proposed, the proposed Urban Density Overlay will help to accomplish this mitigation. The Housing Element Update will, in fact, implement mitigation measures identified in the City of Temecula 2005 Certified General Plan EIR and General Plan Air Quality policies (Policies AQ -3 and AQ -4) which encourage mixed uses to reduce overall air quality impacts. Positive impacts to air quality are expected to occur as a result of fewer vehicle trips if and when land uses convert from commercial to residential uses. These positive impacts related to vehicle trips are further discussed in Section 15, Traffic/Transportation of this Initial Study. Adoption of the Housing Element Update does not approve a specific development project; however, there may be air quality impacts associated with future development including short -term construction, application of architectural coatings or long term operations. However, impacts associated with these issues were analyzed in the City of Temecula 2005 Certified General Plan EIR and are not expected to increase significantly upon adoption of the Housing Element Update. Each future development application will be reviewed by the City at the time they are proposed to ensure compliance with CEQA and applicable air quality plans or standards. It is expected that mixed use projects will lesson air quality impacts over time by providing housing closer to job centers. Less than significant impacts are expected to occur with the adoption of the Housing Element Update. R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 6 4. BIOLOGICAL RESOURCES. Would the project? Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless r Mitigation incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 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? V 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? e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 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? Comments: 4.a. -f. No Impact: The adoption of the proposed 2008 -2014 Housing Element Update does not propose or entail any new development, construction, or physical changes to the environment. Therefore, the Housing Element Update itself would not impact biological resources or their habitat, or conflict with applicable policies protecting biological resources or an adopted or approved habitat conservation plan, and, as such, would not directly impact the environment or result in any direct impacts to biological resources. While the Housing Element Update may encourage residential development of up to 30 dwelling units per acre (and higher with density bonuses) within the City's existing Mixed Use Overlay, the Housing Element Update is a supporting document that complements the City's General Plan. The physical construction of housing (or any permitted use) would necessitate further CEQA analysis to determine any biological impacts, if any, which may or may not arise with a proposed development. The adoption of the Housing Element has no biological impact and specific developments will be analyzed on a case -by -case basis. The proposed 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing Elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. Any biological impacts associated with future development projects will be addressed when site specific development is proposed. Future development R:\pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 7 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless 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? 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? d Disturb any human remains, including those interred outside of formal cemeteries? projects will require biological studies. If impacts are identified, mitigation measures will then be implemented to address the site specific impacts. In addition, most of the City is located within the Stephen's Kangaroo Rat Habitat Fee Area. Habitat Conservation fees will be required to mitigate the effect of cumulative impacts to the species from urbanization occurring throughout western Riverside County. Furthermore, 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. 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. Development proposals will necessitate further CEQA analysis and compliance with MSHCP; however, the project (approval of the Housing Element Update) will not impact biologic resources. Comments: 5.a. -d. No Impact: The adoption of the proposed 2008 -2014 Housing Element Update does not propose or entail any new development, construction, or physical changes to the environment. Therefore, the Housing Element Update itself would not cause a substantial adverse change in the significance of a historical resource or an archaeological resource; directly or indirectly destroy a unique paleontological resource or site or unique geologic feature; or disturb any human remains, including those interred outside of formal cemeteries, and, as such, would not directly impact the environment or result in any direct impacts to cultural resources. While the Housing Element Update may encourage residential development up to 30 dwelling units per acre (and higher with density bonuses) within the City's existing mixed use overlay, the Housing Element Update is a supporting document that complements the City's General Plan. The potential for intensified residential development within the proposed Urban Density Overlay will not create additional impacts to cultural resources as the area has already been designated for commercial and residential uses. The physical construction of housing (or any permitted use) would necessitate further CEQA analysis to determine any cultural impacts, if any, which may or may not arise with a proposed development. The adoption of the Housing Element Update has no cultural impact and specific developments will be analyzed on a case -by -case basis. The proposed 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing Elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. Any cultural impacts associated with future development projects will be addressed when a specific development is proposed and will require cultural resource analysis pursuant to CEQA. The City of Temecula works close with the neighboring Native American Tribe (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 City has also prepared standard Conditions of Approval that safeguard cultural resources as follow: R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 8 1. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 2. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. 3. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. 4. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 5. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. 6. All sacred sites are to be avoided and preserved. In addition, the City coordinates with the University of Riverside to ensure that archaeological and paleontological resources are preserved. Development proposals will necessitate CEQA analysis of cultural resources; however, the project (approval of the Housing Element) will not impact cultural resources and no impacts are expected to occur. R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 9 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless 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: Ni b 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. V c Strong seismic ground shaking? Ni c Seismic related ground failure, including liquefaction? V d Landslides? V e Result in substantial soil erosion or the loss of topsoil? Ni f 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? Ni g 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? V h 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? Comments: 6.a. -h. Less Than Significant Impact: The adoption of the proposed 2008 -2014 Housing Element Update does not propose or entail any new development, construction, or physical changes to the environment. Therefore, the Housing Element Update itself would not change topography or ground surface relief features, will not create cut or fill slopes, and involves no grading. The project does not involve land disturbance and, therefore, will not result in a change in deposition, siltation, or erosion, or in an increase in wind erosion or blowsand. Therefore, the Housing Element Update would not expose people or structures to potential substantial adverse effects involving rupture of a known earthquake fault, strong seismic ground shaking, seismic- related ground failure, liquefaction, or landslides; result in substantial soil erosion or the Toss of topsoil; be located on a geologic unit or soil that is unstable, potentially resulting in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse; be located on expansive soil; or have soils incapable of adequately supporting the use of septic tanks; and, as such, would not directly impact the environment or result in any direct impacts to geology and soils. While the Housing Element Update may encourage residential development up to 30 dwelling units per acre (and higher with density bonuses) within the City's existing mixed use overlay, the Housing Element Update is a supporting document that complements the City's General Plan. The potential for intensified residential development within the proposed Urban Density Overlay will not create additional impacts to geology and soils as the area has already been designated for commercial and residential uses. Because the existing General Plan and the Certified 2005 General Plan Environmental Impact Report anticipated a potential for 2,348 dwelling units within the Mixed Use Overlay areas, the potential impacts from geology and soils on an additional 16 residential dwelling units is expected to be less than significant. However, there are known faults and liquefiable soils within the project area. Future development can occur on or near such sites but may R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 10 require mitigation. The City's standard review process for approval of development applications requires that soil studies are prepared and submitted for review to determine any potential impacts or challenges in engineering the site to support new development. If a fault is in proximity to a proposed new development, the soil study is also sent to the Riverside County Engineer for review and recommendations prior to approval by the City of Temecula. 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. The adoption of the Housing Element Update as a policy document would not pose a geological or soils impact and site specific development applications will be analyzed on a case -by -case basis as they are submitted. The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan and any future plans for new development within the City will be subject to site specific geotechnical studies, as appropriate, and will comply with applicable building code regulations. Furthermore, the project sets forth programs and policies to facilitate housing rehabilitation and therefore has the potential to improve the seismic safety of older housing units in the City. As a result, it is expected that impacts related to geology and soils will be less than significant. R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 11 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one quarter mile of an existing or proposed school? Nr d Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 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? V 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? Ni g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 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? Comments: 7.a. -d.; f. -h. No Impact: The adoption of the proposed 2008 -2014 Housing Element Update does not propose or entail any new development, construction, or physical changes to the environment. Therefore, the Housing Element Update itself would not involve the transport, use, or disposal of hazardous materials, the emission or handling of hazardous or acutely hazardous materials, substances, or waste, or the location of a building, structure, or public facility on a hazardous materials site compiled by the State of California pursuant to Government Code Section 65962.5. The Housing Element Update does not affect the incidence of hazardous material safety hazards in the area, result in hazardous emissions within one quarter mile of an existing or proposed school, affect any sites included on a list of hazardous materials sites, or create a significant hazard to the public or the environment. Additionally, the Housing Element Update would not affect emergency response plans or the incidence of wildland fires in the area and, as such, would not directly impact the environment or result in any direct impacts relating to hazards and hazardous materials. R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 12 The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. Approval of the Housing Element will not create hazards or result in hazardous material issues. These issues will be addressed when site specific development proposals are considered. Future development proposals will be consistent with the adopted General Plan. As a result, no impacts are expected to occur. 7.e. Less Than Significant Impact: A very small portion of the northeastern area of the Redevelopment Boundary (less than 35 acres) falls within the French Valley Airport Landuse Compatibility zone. 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 Landuse Compatibility zone, the City sends the plans to the Riverside County Airport Land Use Commission for review and comment to ensure that the project addresses safety hazards for people residing and working in the airport vicinity. While the Housing Element Update may indirectly influence future land use development in the outer edge of the French Valley Airport Compatibility zone (Zone E) where it overlaps with a small portion of the northeastern boundary of the Redevelopment Agency (currently Lowe's shopping center and a portion of the Roripaugh Hills housing community), the area is already fully developed and any potential indirect effect that may arise, if any, will be determined through a project specific CEQA analysis. As discussed in the certified 2005 General Plan Environmental Impact Report, any project proposed within Zone E of the French Valley Airport Landuse Compatibility Zone would have appropriate development conditions consistent with the French Valley Airport Landuse Compatibility Plan. The City will review development proposals at the time they are proposed to ensure compliance with CEQA. Because future development applications within Zone E of the French Valley Airport Land Use Compatibility Plan will be reviewed by the Riverside County Airport Land Use Commission prior to approval by the City of Temecula, less than significant impacts are expected to occur with the adoption of the Housing Element Update. R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 13 8. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially iSignificant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Violate any water quality standards or waste discharge requirements? b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of nearby wells would drop to a level which would V pre- existing not support existing land uses or planned uses for which permits have been granted)? 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? 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? V 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? f Otherwise substantially degrade water quality? V 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? V h Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? I Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? V Inundation by seiche, tsunami, or mudflow? V Comments: 8.a., c. -f.; h. -j. No Impact: The adoption of the proposed 2008 -2014 Housing Element Update does not propose or entail any new development, construction, or physical changes to the environment. Therefore, the Housing Element Update itself would not violate any water quality standards, affect groundwater supplies, substantially alter drainage patterns, create or contribute to runoff water which would exceed the capacity of existing or planned storm water drainage or provide substantial additional sources of polluted runoff, or expose people or structures to a significant risk involving seiche, tsunami or mudflow; and, as such, would not directly impact the environment or result in any direct impacts to hydrology and water quality. While the Housing Element Update may encourage residential development up to 30 dwelling units per acre (and higher with density bonuses) within the City's existing mixed use overlay, the adoption of the Housing Element Update is a supporting document that complements the City's General Plan. The potential for intensified residential development within the proposed Urban Density Overlay will not create additional impacts to hydrology and water quality as the area has already been designated for commercial and residential uses. The resulting R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 14 amount of the area of impermeable surfaces constructed in the future is not expected to increase significantly. Intensified mixed use development has the potential for vertical stacking, which could feasibly lead to less impermeable surface being constructed. The physical construction of housing (or any permitted use) would necessitate further CEQA analysis to determine any hydrology or water quality impacts, if any, which may or may not arise with a proposed development. The adoption of the Housing Element has no impact on hydrology or water quality and specific developments will be analyzed on a case -by -case basis. The proposed 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing Elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. Furthermore, new development projects that may be proposed as a result of the policies within the Housing Element Update will be required to comply with the requirements of the Federal Water Pollution Control Act as enforced by the State Regional Water Control Board, which requires compliance with the National Pollution Discharge Elimination System (NPDES) permit for construction runoff and long -term urban runoff. The City will review development proposals at the time they are proposed to ensure compliance with CEQA; however, the project (approval of the Housing Element) will not impact hydrology or water quality and therefore no impacts are expected to occur. 8.b, g. Less Than Significant Impact: Adoption of the proposed 2008 -2014 Housing Element Update does not propose or entail any new development, construction, or physical changes to the environment. Therefore, the Housing Element Update itself would not affect the provision of domestic water service. While the Housing Element Update may encourage residential development of up to 30 dwelling units per acre (and higher with density bonuses) within the City's existing mixed use overlay area; mixed use and residential development is already allowed within these areas and the City's General Plan and the certified 2005 General Plan Environmental Impact Report anticipated that development intensity may increase within the Redevelopment Area boundary. Furthermore, mixed use is not only planned and analyzed but encouraged by the City's 2005 Certified General Plan EIR and in the General Plan Land Use policies adopted on Pages LU -43 and LU 44 under the subheading "Encouraging Mixed Use." Areas along Interstate 15 have been identified as opportunities for mixed use by the General Plan and therefore these areas are identified within the proposed Urban Density Overlay of the Draft Housing Element Update. While the Urban Density Overlay could facilitate residential development, the City's General Plan has planned for residential units to be added within existing shopping centers and commercial districts; the environmental effects of which were already adequately analyzed in the City of Temecula Certified 2005 General Plan Environmental Impact Report "EIR As discussed in the City's General Plan (pages LU -35 and LU -36) and also analyzed in the certified 2005 General Plan EIR (page 5.9.9 and 5.9.10), residential units will be introduced within existing commercial corridors and intensity may increase. The Land Use Element indicates that a range of 1,173 to 2,348 new residential dwelling units could be constructed within the Mixed Use Overlay areas. The draft Housing Element Update identifies 82 parcels that could accommodate up to 2,364 new dwelling units within the proposed Urban Density Overlay, which includes the City of Temecula Redevelopment Area and the existing Mixed Use Overlay Areas. Therefore, the draft Housing Element Update could potentially yield 16 more residential units than what was previously analyzed in the certified 2005 General Plan EIR. The water supply impacts associated with 16 additional units is expected to be less than significant. The adoption of the Housing Element Update is a supporting document of the City's General Plan; both of which call for residential units to be introduced within commercial areas. Future development proposals will necessitate further CEQA analysis to determine any impacts to the domestic water supply and the provision of water service. The adoption of the Housing Element Update; however, will not have a significant impact and specific development applications will be analyzed pursuant to CEQA on a case -by -case basis. Portions of the City's existing mixed use overlay fall within the Flood Hazard Zones of the Digital Flood Insurance Rate Map (DFIRM) which is used by the Federal Emergency Management Agency (FEMA) to designate the Special Flood Hazard Area (SFHA) and for insurance rating purposes. The DFIRM Database depicts flood risk information and supporting data used to develop the risk data. The primary risk classifications used are the 1- percent annual- chance flood event (100 year), the 0.2- percent annual- chance flood event (500 year), and areas of minimal flood risk. While portions of the City's existing Redevelopment Area fall within the R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 15 9. LAND USE AND PLANNING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Physically divide an established community? Ni 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? c Conflict with any applicable habitat conservation plan or natural community conservation plan? `i DFIRM (along the boundary of the Murrieta Creek), any proposed development would need to be reviewed by the City at the time they are proposed to ensure compliance with CEQA and hydrology studies would need to be submitted to determine appropriate floodplain management or mitigation specific to the particular project. It is important to note that the Housing Element Update does not add or designate new housing within a 100 year flood hazard area that are not already within the Redevelopment Area. Impacts related to hydrology or water quality and development that may occur within the existing Redevelopment Area have already been analyzed within the certified 2005 General Plan Environmental Impact Report and reduced to a level of less than significant. The project (approval of the Housing Element) will have less than significant impacts related to hydrology or water quality. Comments: 9.a. -c. No Impact: The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. The proposed updated Housing Element will not physically divide an established community or conflict with other local or regional plans. Both the current and proposed housing elements are consistent with the other Elements of the General Plan and applicable local plans including the Multiple Species Habitat Conservation Plan. Implementing this program will enhance the City's ability to provide a balance of residential, commercial and industrial opportunities as described in the vision statement for the General Plan. The proposed Housing Element is an integral part of providing a balance of residential opportunities. As a result, no impacts to the environment are anticipated. While the Housing Element Update may encourage residential development up to 30 dwelling units per acre (and higher with density bonuses) within the City's existing mixed use overlay area, mixed use and residential development is already allowed within these areas and the City's General Plan and the certified 2005 General Plan Environmental Impact Report anticipated that development intensity may increase within the Redevelopment Area boundary. Furthermore, mixed use is not only planned and analyzed but encouraged by the City's certified 2005 General Plan Environmental Impact Report and in the General Plan Land Use policies adopted on Pages LU -43 and LU -44 under the subheading "Encouraging Mixed Use Areas along Interstate 15 have been identified as opportunities for mixed use by the General Pan and therefore these areas are identified within the proposed Urban Density Overlay of the Draft Housing Element Update. While the Urban Density Overlay could facilitate residential development, the City's General Plan has planned for residential units to be added within existing shopping centers and commercial districts; the environmental effects of which were already adequately analyzed in the certified 2005 General Plan Environmental Impact Report "EIR As discussed in the City's General Plan (pages LU -35 and LU -36) and also analyzed in the certified 2005 General Plan EIR (page 5.9.9 and 5.9.10), residential units will be introduced within existing commercial corridors and R: \pappe \Housing Element 2008 \CEQA\Final screen check draft Initial Study (07- 30- 09).doc 16 10. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Ni 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? V intensity may increase. The Land Use Element indicates that a range of 1,173 to 2,348 new residential dwelling units could be constructed within the Mixed Use Overlay areas. The draft Housing Element Update identifies 82 parcels that could accommodate up to 2,364 new dwelling units within the proposed Urban Density Overlay, which includes the City of Temecula Redevelopment Area and the existing Mixed Use Overlay Areas. Therefore, the draft Housing Element Update could potentially yield 16 more residential units than what was previously analyzed in the certified 2005 General Plan EIR. The land use and planning impacts associated with 16 additional units will be of no significance. The adoption of the Housing Element Update is a supporting document of the City's General Plan; both of which call for residential units to be introduced within commercial areas. Future development proposals will necessitate further CEQA analysis to determine the potential for land use impacts. The adoption of the Housing Element Update, therefore, is not expected to have any adverse impacts on Land Use and Planning. Comments: 10.a. -b. No Impact: The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. Future development proposals will also be consistent with the adopted General Plan. According to the General Plan, Temecula is not considered to contain mineral resources of significant economic value. Furthermore, The City's General Plan does not identify any locally important mineral resource recovery sites and therefore the Housing Element Update will not cause a loss of availability of a locally important mineral resource recovery site delineated on a General Plan, specific plan or other landuse plan. The approval of the Housing Element Update will not impact mineral resources and no impacts are expected to occur. R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 17 11. NOISE. Would the project result in: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless 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? b Exposure of persons to or generation of excessive qroundborne vibration or qroundborne noise levels? V- c A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? V d A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? V 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? 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? Ni Comments: 11.a. -d. Less Than Significant Impact: The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. Adopting the updated Housing Element itself will not expose people to, or generate, significant noise levels or ground borne vibration or generate substantial permanent or temporary increases in ambient noise levels in excess of standards established in the City's General Plan or Noise Ordinance, or applicable standards of other agencies. Noise impacts resulting from the anticipated growth and development of the City were addressed in the certified 2005 General Plan Environmental Impact Report. Standard measures integrated into the General Plan in the form of goals, policies, and implementation measures will reduce the severity of potential impacts. The Land Use Element indicates that a range of 1,173 to 2,348 new residential dwelling units could be constructed within the Mixed Use Overlay areas. The draft Housing Element Update identifies 82 parcels that could accommodate up to 2,364 new dwelling units within the proposed Urban Density Overlay, which includes the City of Temecula Redevelopment Area and the existing Mixed Use Overlay Areas. Therefore, the draft Housing Element Update could potentially yield 16 more residential units than what was previously analyzed in the certified 2005 General Plan EIR. Because the existing General Plan and the Certified 2005 General Plan Environmental Impact Report anticipated a potential for 2,348 dwelling units within the Mixed Use Overlay areas, the noise impacts associated with an additional 16 residential dwelling units will be less than significant. Adoption of the Housing Element Update is expected to result in no significant new or increased noise impacts above what was already analyzed in the certified 2005 General Plan EIR Depending on the attributes of each individual development proposal, future development will be subject to additional environmental review. Future development proposals will comply with, and will be consistent with the adopted General Plan as well as the City's adopted Noise Ordinance. As a result, noise related impacts are expected to be less than significant. R: \pappe \Housing Element 2008 \CEQA\Final screen check draft Initial Study (07- 30- 09).doc 18 12. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially :Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No impact a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Ni b Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? J c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 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. Comments: 12.a. Less Than Significant Impact: While the Housing Element Update may encourage residential development up to 30 dwelling units per acre (and higher with density bonuses) within the City's existing mixed use overlay area, mixed use and residential development is already allowed within these areas and the City's General Plan and the certified 2005 General Plan Environmental Impact Report anticipated that development intensity may increase within the Redevelopment Area boundary. Furthermore, mixed use is not only planned and analyzed but encouraged by the City's General Plan in areas as identified within the proposed Urban Density Overlay for the Housing Element Update. While the Urban Density Overlay could facilitate residential development, the City's General Plan has planned for residential units to be added within existing shopping centers and commercial districts; the environmental effects of which were already adequately analyzed in the Certified General Plan Environmental Impact Report "EIR As discussed in the City's General Plan Land Use Element (page LU -35 and LU -36) and also analyzed in the certified 2005 General Plan EIR (page 5.9.9 and 5.9.10), residential units will be introduced within existing commercial corridors and intensity may increase. The Land Use Element indicates that a range of 1,173 to 2,348 new residential dwelling units could be constructed within the Mixed Use Overlay areas. The draft Housing Element Update identifies 82 parcels that could accommodate up to 2,364 new dwelling units within the proposed Urban Density Overlay, which includes the City of Temecula Redevelopment Area and the existing Mixed Use Overlay Areas. Therefore, the draft Housing Element Update could potentially yield 16 more residential units than what was previously analyzed in the certified 2005 General Plan EIR. The impacts to population and housing associated with 16 additional units will be of no significance. The adoption of the Housing Element Update is a supporting document that complements the City's General Plan, which calls for residential units to be introduced within commercial areas. The adoption of the Housing Element will not induce population growth or new residents to the community substantially beyond the levels already anticipated by the General Plan and analyzed in the certified 2005 General Plan Environmental Impact Report. Therefore, less than significant impacts are anticipated. 12.b. -c. No Impact: The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. The Housing Element assumes the redevelopment of existing vacant sites and considers underutilized sites for residential uses. Future development in accordance with General Plan and use policies could result in the R: \pappe\Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 19 13. PUBLIC SERVICES. Issues and Supporting information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? V Police protection? J Schools? V Parks? Other public facilities? displacement of existing housing units. However, only 0.85 acres of High Density Residential land has been identified as underutilized and suitable for redevelopment. Citywide, 171 existing single family residential parcels have been identified as underutilized because they are large enough to split at least one time and /or accommodate a second dwelling unit. Such future development is likely to result in market rate housing that will not displace existing housing. If this were to happen, existing residential units would be replaced with new residential units and therefore would not permanently displace substantial numbers of people or necessitate construction of replacement housing elsewhere. Therefore, the programs contained within and the resulting actions from the proposed updated Housing Element will have no impact on population and housing. Comments: 13.a. Less Than Significant Impact: The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. Although the updated Housing Element will not result in substantial adverse physical impacts associated with providing new or physically altered public services facilities, residential development constructed pursuant to Housing Element policy could incrementally increase the need for public services. While the proposed Urban Density Overlay could facilitate residential development, the City's General Plan has planned for residential units to be added within existing shopping centers and commercial districts; the environmental effects of which were already adequately analyzed in the Certified General Plan Environmental Impact Report "EIR As discussed in the City's General Plan Land Use Element (page LU -35 and LU -36) and also analyzed in the certified 2005 General Plan EIR (page 5.9.9 and 5.9.10), residential units will be introduced within existing commercial corridors and intensity may increase. The Land Use Element indicates that a range of 1,173 to 2,348 new residential dwelling units could be constructed within the Mixed Use Overlay areas. The draft Housing Element Update identifies 82 parcels that could accommodate up to 2,364 new dwelling units within the proposed Urban Density Overlay, which includes the City of Temecula Redevelopment Area and the existing Mixed Use Overlay Areas. Therefore, the draft Housing Element Update could potentially yield 16 more residential units than what was previously analyzed in the certified 2005 General Plan EIR. The impacts to public services associated with 16 additional units will be of no significance. Furthermore, development impact fees, park benefit fees (TCSD special tax) and school impact fees will continue to be assessed to compensate for the need for additional public services. For example, as required by California Government Code Section 53080, the project will be required to pay a school impact fee for residential development to offset the increased demands on school facilities caused by the project. Currently the City of Temecula has at least one vacant elementary school facility (Sparkman Elementary) that closed due to low enrollment/high R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 20 14. RECREATION. Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact 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? V costs and that facility could potentially accommodate future student growth. No new or increased impact will result above what is already anticipated in the existing environmental documents as a result of adopting the Housing Element and less than significant impacts are anticipated. Comments: 14.a. -b. Less Than Significant Impact: The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. Future residential development constructed pursuant to Housing Element policy may incrementally increase the use of existing neighborhood and regional parks or other recreational facilities and may require construction or expansion of recreational facilities. However, the anticipated development in the Housing Element is part of the future growth and development anticipated in the General Plan. Impacts to existing neighborhood and regional parks or other recreational facilities and the construction of new recreational facilities have been analyzed in the previously certified 2005 General Plan Environmental Impact Report. Furthermore, no new or increased impact will result above what is already anticipated in the existing General Plan. Depending on the attributes of each individual development proposal, future development will be subject to additional environmental review and payment of Development Impact Fees. As a result, impacts to recreational facilities are expected to be less than significant. R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 21 15. TRANSPORTATION/TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? V b Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? V 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? V d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? V e Result in inadequate emergency access? f Result in inadequate parking capacity? V g Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: 15.a. -b. Less Than Significant Impact: While the Housing Element Update may encourage residential development up to 30 dwelling units per acre (and higher with density bonuses) within the proposed Urban Density Overlay area, mixed use and residential development is already allowed within these areas and the City's General Plan and the previously certified 2005 General Plan Environmental Impact Report anticipated that development intensity may increase within the Redevelopment Area boundary. Furthermore, mixed use is not only planned and analyzed but encouraged by the City's certified 2005 General Plan Environmental Impact Report and in the General Plan Land Use policies adopted on Pages LU -43 and LU -44 under the subheading "Encouraging Mixed Use Areas along Interstate 15 have been identified as opportunities for mixed use by the General Pan and therefore these areas are identified within the proposed Urban Density Overlay of the proposed Housing Element Update. While the Urban Density Overlay could facilitate higher intensity residential development, the City's General Plan has planned for residential units to be added within existing shopping centers and commercial districts; the environmental effects of which were already adequately analyzed in the certified 2005 General Plan Environmental Impact Report "EIR As discussed in the City's General Plan Land Use Element (page LU -35 and LU -36) and also analyzed in its certified 2005 General Plan Environmental Impact Report (page 5.9.9 and 5.9.10), residential units will be introduced within existing commercial corridors and intensity may increase. The Land Use Element indicates that a range of 1,173 to 2,348 new residential dwelling units could be constructed within the Mixed Use Overlay areas. The draft Housing Element Update identifies 82 parcels that could accommodate up to 2,364 new dwelling units within the proposed Urban Density Overlay, which includes the City of Temecula Redevelopment Area and the existing Mixed Use Overlay Areas. Therefore, the draft Housing Element Update could potentially yield 16 more residential units than what was previously analyzed in the certified 2005 General Plan EIR. The impacts on transportation and traffic associated with 16 additional units are expected to be less than significant. The adoption of the Housing Element Update is a supporting document of the City's General Plan; both of which call for residential units to be introduced within commercial areas. R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 22 Additionally, a review of data from actual traffic counts conducted annually by the City of Temecula along major arterial roadways, including Jefferson Avenue and Ynez Road within the proposed Urban Density Overlay area, have revealed that trip counts for 2007, 2008, and February 2009 have reduced by as much as 4,200 trips per day since higher levels were recorded in 2006, for example, at Jefferson Avenue south of Winchester Road. The reduction in vehicle trips can be attributed to three key components: 1) the general state of the local economy; 2) the increase in the cost per gallon of diesel and gasoline fuels during this time; and 3) the closing of significant anchor businesses along Jefferson Avenue such as a Stater Brothers grocery store and a Tony Roma's restaurant. As a result, the volume to capacity ratios for streets, intersections, and street segments throughout the proposed Urban Density Overlay area will be more suited to absorbing vehicle trips created by intensified development. Moreover, the potential replacement of vacant or underutilized commercial land uses with residential land uses will have a net positive impact on the number of vehicle trips. A Trip Generation Rate Summary published by the City of San Diego in 2003 (in conjunction with SANDAG, ITE and other qualified sources) indicates that high density residential projects of 20 or more units to the acre have a trip generation rate of six (6) vehicle trips per unit. At the proposed density of 30 units to the acre, that equates to 180 vehicle trips per acre. If density bonuses are considered, the trip generation rate could increase to as much as 270 vehicle trips per acre. By contrast, the same study indicates that shopping centers can vary from 700 to 1,200 vehicle trips per acre; offices range from 400 to 500 vehicle trips per acre; and supermarkets can draw up to 2,000 trips per acre. A good mix of commercial and residential land uses will result in the same or a lesser amount of vehicle trips for the Urban Density Overlay area than was anticipated in the previously certified 2005 General Plan Environmental Impact Report. Furthermore, in the first year after adoption of the Housing Element Update, the City of Temecula intends to complete a comprehensive traffic study for the Jefferson Avenue Corridor. This study will evaluate the existing conditions and will also evaluate the benefits of proposed Circulation Element roads yet to be constructed. These roads include the French Valley Parkway, the Western Bypass, the extension of Overland Drive across Murrieta Creek, and a north /south connection into the City of Murrieta. The study will evaluate the completion of these improvements and their impact on providing relief to the existing road network. The adoption of the policies and programs contained in the Housing Element Update are, therefore, not expected to have any adverse impact on traffic or transportation. 15.c. No Impact: The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. The proposed updated Housing Element will not result in a change of air traffic patterns, lead to an increase in air traffic levels, or result in a change in location that results in substantial safety risks to people or structures. Implementing this program will enhance the City's ability to provide a balance of residential, commercial and industrial opportunities as described in the vision statement for the General Plan. The proposed Housing Element is an integral part of providing a balance of residential opportunities. As a result, no impacts to air transportation are anticipated. 15.d. -g. No Impact: The adoption of the proposed 2008 -2014 Housing Element Update does not propose or entail any new development, construction, or physical changes to the environment. Therefore, the Housing Element Update itself would not impact the design features of existing or planned roads in the Circulation network, emergency vehicle access, parking capacity, or conflict with applicable policies regarding alternate forms of transportation. While the Housing Element Update may encourage residential development up to 30 dwelling units per acre (and higher with density bonuses) within the City's existing Mixed Use Overlay areas, the adoption of the Housing Element Update is a supporting document that complements the City's General Plan. The physical construction of housing (or any permitted use) would necessitate further CEQA analysis to determine any transportation or circulation system impacts, if any, which may or may not arise with a proposed development. The adoption of the Housing Element will have no direct impact on the circulation network and specific development applications will be analyzed on a case -by -case basis. R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 23 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 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? 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? V d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 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? f Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g Comply with federal, state, and local statutes and regulations related to solid waste? Comments: 16.a.-g. Less Than Significant Impact: The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. Adopting the updated Housing Element will not by itself cause wastewater treatment requirements of the Regional Water Quality Control Board to be exceeded, will not impact the capacity of wastewater treatment facilities, will not significantly contribute to stormwater runoff, will not significantly impact available water supply needs and will not significantly impact available landfill capacity. While the Urban Density Overlay could facilitate higher intensity residential development, the City's General Plan has planned for residential units to be added within existing shopping centers and commercial districts; the environmental effects of which were already adequately analyzed in the certified 2005 General Plan Environmental Impact Report "EIR As discussed in the City's General Plan Land Use Element (page LU -35 and LU -36) and also analyzed in its certified 2005 General Plan Environmental Impact Report (page 5.9.9 and 5.9.10), residential units will be introduced within existing commercial corridors and intensity may increase. The Land Use Element indicates that a range of 1,173 to 2,348 new residential dwelling units could be constructed within the Mixed Use Overlay areas. The draft Housing Element Update identifies 82 parcels that could accommodate up to 2,364 new dwelling units within the proposed Urban Density Overlay, which includes the City of Temecula Redevelopment Area and the existing Mixed Use Overlay Areas. Therefore, the draft Housing Element Update could potentially yield 16 more residential units than what was previously analyzed in the certified 2005 General Plan EIR. The impacts on utilities and service systems associated with 16 additional units will be less than significant. Standard measures integrated into the General Plan in the form of goals, policies, and implementation measures will reduce the severity of potential impacts. Adoption of the Housing Element Update will result in no substantial new or increased impacts above what was already anticipated in the 2005 R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 24 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Supporting Information Sources Potentially. Significant Impact Potentially., Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Ni b Does the project have impacts that are individually limited, but cumulatively considerable "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? J c Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Ni General Plan Environmental Impact Report. Depending on the attributes of each individual development proposal, future development will be subject to additional environmental review and will be required to comply with federal state and local statutes. As a result, the adoption of the Housing Element Update will have less than significant impacts to public utilities or service systems. Comments: 17.a. -c. Less Than Significant Impact: The proposed adoption of the 2008 -2014 Housing Element Update describes how the City will meet the requirements of State law (Section 65302 of the Government Code) to provide adequate housing opportunities for households of all income levels. Housing elements do not approve specific development projects that are not already envisioned or contained in the adopted City General Plan. Adopting the updated Housing Element will not by itself 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. All aforementioned environmental impacts that could result from the anticipated growth and development of the City were addressed in the City of Temecula certified 2005 General Plan Environmental Impact Report and standards were integrated into the General Plan in the form of goals, policies, and implementation to reduce potentially significant impacts to a less than significant level. 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. Adopting the updated Housing Element will not by itself result in impacts that are individually limited but cumulatively considerable as the Housing Element is a policy document. However, all cumulative environmental impacts that could result from the full build -out of the City were addressed in the City of Temecula 2005 certified General Plan EIR. As discussed in the City's General Plan Land Use Element (page LU -35 and LU -36) and also analyzed in its certified 2005 General Plan Environmental Impact Report (page R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 25 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where they are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site specific conditions for the project. 5.9.9 and 5.9.10), residential units will be introduced within existing commercial corridors and intensity may increase. The Land Use Element indicates that a range of 1,173 to 2,348 new residential dwelling units could be constructed within the Mixed Use Overlay areas. The draft Housing Element Update identifies 82 parcels that could accommodate up to 2,364 new dwelling units within the proposed Urban Density Overlay, which includes the City of Temecula Redevelopment Area and the existing Mixed Use Overlay Areas. Therefore, the draft Housing Element Update could potentially yield 16 more residential units than what was previously analyzed in the certified 2005 General Plan EIR. The cumulative impacts associated with 16 additional units are expected to be less than significant. Standard measures integrated into the General Plan in the form of goals, policies, and implementation measures may reduce potentially significant impacts to a less than significant level. No significant new or increased impact will result above what is already anticipated in the City of Temecula certified 2005 General Plan Environmental Impact Report as a result of adopting the Housing Element. Furthermore, depending on the attributes of each individual proposal, future development projects will require additional environmental review at the time applications are received. The Initial Study identifies no new or increased environmental impacts that would cause substantial adverse effects on human beings. The Housing Element Update is a policy document which guides the City of Temecula to realizing the goal of being able to provide a decent home and suitable living environment for all residents of the City. Future development projects to assist in meeting this goal will require additional environmental review. As a result, the approval of an updated Housing Element policy document is not expected to create any significant impacts. The impacts associated with the implementation of the City of Temecula General Plan were previously identified and discussed in a Final Environmental Impact Report certified in 1993, and again in a Final Environmental Impact Report for the comprehensive update of the General Plan, which was certified in 2005. The Environmental Impact Report for the City of Temecula General Plan also identified specific general plan level mitigation measures and adopted a statement of overriding consideration for agricultural resources, air quality, biologic resources, education, library, noise, transportation and circulation. SOURCES 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report (1993) 3. City of Temecula General Plan Final Environmental Impact Report (2005) 4. South Coast Air Quality Management District CEQA Air Quality Handbook 5. Multiple Species Habitat Conservation Plan (2003) R: \pappe \Housing Element 2008 \CEQA \Final screen check draft Initial Study (07- 30- 09).doc 26 DATE OF MEETING: PREPARED BY: APPLICANT NAME: PROJECT SUMMARY: CEQA: BACKGROUND SUMMARY STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION September 2, 2009 Emery J. Papp, Case Planner City of Temecula Long Range Planning Project Number LR08 -0017, a statutory update of the City of Temecula General Plan Housing Element Negative Declaration RECOMMENDATION: Adopt a Negative Declaration for Long Range Planning Project Number LR08 -0017 and recommend that the City Council adopt the 2008 -2014 Housing Element Update State Housing Law requires local jurisdictions to update their Housing Element every six years. The original City of Temecula General Plan Housing Element was approved in 1993 and updated in 2002 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. In November 2007, the City entered into an agreement with Environmental Science Associates (ESA) 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 February 2008. Staff received comments from HCD on April 11, 2008 and worked with ESA to complete a revised draft which was submitted to HCD for a second review on July 2, 2008. On August 29, 2009 HCD contacted the City to state that several comments from its April 11, 2008 letter had not adequately been addressed. Additional comments were received from HCD via email on September 11, 2008. City staff met with HCD staff on October 17, 2008 to discuss the deficiencies in the draft Housing Element and to obtain direction. The main point of contention had been the City's analysis of appropriate density to support affordable housing projects. In December 2008, HCD notified City staff that it did not accept the City's analysis of appropriate density although it acknowledged that there is adequate capacity. HCD was unyielding in its stance that a default density of 30 residential units per acre, pursuant to Section 65583.2(c)(3)(B)(iv), is an appropriate density for affordable housing projects in Temecula. Since that time, staff has worked with HCD to prepare a housing element that staff believes meets the requirements of State law. On April 9, 2009, a third draft of the Housing Element was sent to HCD for review. Comments were received on June 9, 2009. This comment letter indicated that some revisions and clarifications would still be necessary to bring the draft Housing Element into compliance with State Housing Law, however, it also indicated that HCD was generally accepting of the inventory and capacity analysis as no further comments were received on this subject. Staff has revised the draft Housing Element to address the latest comments from HCD and believes it to be compliant with State law. Upon recommendation of approval by the Planning Commission and adoption by the City Council, the Housing Element will be sent to HCD for a 90 -day certification review. Once certified, the Housing Element will meet the State mandated requirements through 2014. 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; 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 units. Regional Housing Needs Assessment In July 2007, the Southern California Association of Governments (SCAG) completed and distributed a Regional Housing Needs Assessment (RHNA) for all local agencies under its jurisdiction. This RHNA includes targets for Very Low, Low, Moderate, and Above Moderate Income categories. New legislation (AB 2634 2006) requires provisions for Extremely Low Income housing. As a result, the Very-Low Income segment of the RHNA was divided equally into a new Extremely Low Income category and Very Low Income. The RHNA for Temecula is as follows: RHNA as Prepared by SCAG Because the last Housing Element Update cycle for the SCAG region ended on December 31, 2005, the City can credit affordable housing projects completed after January 1, 2006, projects currently under construction, and projects currently in the pipeline" toward meeting the current RHNA. When subtracted from the Table above, the credits that can be claimed by the City of Temecula result in the following revised RHNA numbers: 2 Extremely Low Income Very Low Income Low Income Moderate Income Above Mod. Income Total Units Required Units 507 507 693 757 1622 4086 On April 9, 2009, a third draft of the Housing Element was sent to HCD for review. Comments were received on June 9, 2009. This comment letter indicated that some revisions and clarifications would still be necessary to bring the draft Housing Element into compliance with State Housing Law, however, it also indicated that HCD was generally accepting of the inventory and capacity analysis as no further comments were received on this subject. Staff has revised the draft Housing Element to address the latest comments from HCD and believes it to be compliant with State law. Upon recommendation of approval by the Planning Commission and adoption by the City Council, the Housing Element will be sent to HCD for a 90 -day certification review. Once certified, the Housing Element will meet the State mandated requirements through 2014. 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; 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 units. Regional Housing Needs Assessment In July 2007, the Southern California Association of Governments (SCAG) completed and distributed a Regional Housing Needs Assessment (RHNA) for all local agencies under its jurisdiction. This RHNA includes targets for Very Low, Low, Moderate, and Above Moderate Income categories. New legislation (AB 2634 2006) requires provisions for Extremely Low Income housing. As a result, the Very-Low Income segment of the RHNA was divided equally into a new Extremely Low Income category and Very Low Income. The RHNA for Temecula is as follows: RHNA as Prepared by SCAG Because the last Housing Element Update cycle for the SCAG region ended on December 31, 2005, the City can credit affordable housing projects completed after January 1, 2006, projects currently under construction, and projects currently in the pipeline" toward meeting the current RHNA. When subtracted from the Table above, the credits that can be claimed by the City of Temecula result in the following revised RHNA numbers: 2 Remaining RHNA after Credits According to comment letters from 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 be able to provide for the opportunity for 1,381 units. According to HCD, appropriate density is 30 units per acre. Suitable Sites and Capacity To accommodate this need, the Housing Element Update proposes to expand the previously adopted Mixed Use Overlay by adding the boundary of the Redevelopment Project Area. This new overlay is referred to as the Urban Density Overlay. Owners of parcels within the Urban Density Overlay will be permitted by right to develop the site with residential uses at a density of 30 units per acre, or more with density bonus, if the following criteria are met: The parcel is vacant or underutilized; Residential uses are permitted or conditionally permitted with the underlying zoning for the site; A minimum of 20% of the units will be available to Extremely Low Income, Very Low Income, Low Income, and /or Low Moderate Income families; The breakdown of these units is equivalent to the ratio in the Temecula Regional Housing Needs Assessment for 2006 -2014; and The units maintain their affordable status for at least 55 years. An inventory of vacant parcels located within the confines of the proposed Urban Density Overlay shows that there are 82 parcels having a combined total of 105.08 acres and a potential capacity of 2,364 dwelling units. As noted above, the City's remaining obligation for affordable housing after credits that can be claimed by the City is 1,381 units. Therefore, this obligation can be met by suitable vacant sites located within the proposed Urban Density Overlay. Additionally, the Citywide Vacant Land Inventory and Residential Capacity Analysis, Appendix B of the Housing Element, shows that there is capacity for 8,916 units within zones that permit High Density Residential projects by right. Municipal Code Amendments Upon certification of the Housing Element Update by HCD, two Municipal Code Amendments will be required by State Housing Law. Pursuant to State Housing Law (SB 2, 2007), Supportive Housing and Single Room Occupancy uses must be allowed as uses that are permitted by right in at least one residential zone. Such uses must be subject to the same permitting processes as other housing in similar zones without undue special regulatory requirements, e.g. no Conditional Use Permit. Similar types of uses are permitted in the Medium and High density residential zones and, therefore, staff recommends that Single Room Occupancy and Supportive Housing uses are permitted by right in both the Medium and High density residential zones. Further, staff recommends allowing these uses by right in the Community Commercial and Professional Office zones when adjacent to or part of a multi family residential use. 3 Extremely Low Income Very Low Income Low Income Moderate Income Above Mod. Income Total Units Required Units 465 355 570 691 1622 3703 Remaining RHNA after Credits According to comment letters from 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 be able to provide for the opportunity for 1,381 units. According to HCD, appropriate density is 30 units per acre. Suitable Sites and Capacity To accommodate this need, the Housing Element Update proposes to expand the previously adopted Mixed Use Overlay by adding the boundary of the Redevelopment Project Area. This new overlay is referred to as the Urban Density Overlay. Owners of parcels within the Urban Density Overlay will be permitted by right to develop the site with residential uses at a density of 30 units per acre, or more with density bonus, if the following criteria are met: The parcel is vacant or underutilized; Residential uses are permitted or conditionally permitted with the underlying zoning for the site; A minimum of 20% of the units will be available to Extremely Low Income, Very Low Income, Low Income, and /or Low Moderate Income families; The breakdown of these units is equivalent to the ratio in the Temecula Regional Housing Needs Assessment for 2006 -2014; and The units maintain their affordable status for at least 55 years. An inventory of vacant parcels located within the confines of the proposed Urban Density Overlay shows that there are 82 parcels having a combined total of 105.08 acres and a potential capacity of 2,364 dwelling units. As noted above, the City's remaining obligation for affordable housing after credits that can be claimed by the City is 1,381 units. Therefore, this obligation can be met by suitable vacant sites located within the proposed Urban Density Overlay. Additionally, the Citywide Vacant Land Inventory and Residential Capacity Analysis, Appendix B of the Housing Element, shows that there is capacity for 8,916 units within zones that permit High Density Residential projects by right. Municipal Code Amendments Upon certification of the Housing Element Update by HCD, two Municipal Code Amendments will be required by State Housing Law. Pursuant to State Housing Law (SB 2, 2007), Supportive Housing and Single Room Occupancy uses must be allowed as uses that are permitted by right in at least one residential zone. Such uses must be subject to the same permitting processes as other housing in similar zones without undue special regulatory requirements, e.g. no Conditional Use Permit. Similar types of uses are permitted in the Medium and High density residential zones and, therefore, staff recommends that Single Room Occupancy and Supportive Housing uses are permitted by right in both the Medium and High density residential zones. Further, staff recommends allowing these uses by right in the Community Commercial and Professional Office zones when adjacent to or part of a multi family residential use. 3 Issue Area 04/11/08 Letter 09/08/08 email 01/14/09 Letter 06/09/09 Letter Status Housing Needs, Resources and Constraints Staff has addressed all remaining issues in the current draft Housing Element Quantified Objectives Resolved Adequate Sites and Density Provisions V V Resolved Housing Programs Staff has addressed all remaining issues in the current draft Housing Element Public Participation Staff has addressed all remaining issues in the current draft Housing Element HCD Review Comments The Draft Housing Element was reviewed by the California Department of Housing and Community Development (HCD) as required by State Law. HCD reviewed the draft Housing Element and provided comments that were addressed in each subsequent submittal. A description of the general comments provided by HCD is shown below. Copies of HCD's comment letters are contained in Attachment No. 3. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on August 22, 2009. 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 July 31, 2009 through August 31, 2009. No comments had been received at the time this report was prepared. FINDINGS General Plan Amendment The proposed amendment of the Housing Element is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The Housing Element Update has been designed to be consistent with State Housing Law, the Regional Housing Needs Assessment for local agencies under jurisdiction of the Southern California Association of Governments, and to be internally consistent with the other elements of the Temecula General Plan. 4 The proposed amendment of the Housing Element will not have a significant impact on the character of the built environment. The Housing Element Update is compatible with the nature, condition and development of existing uses, buildings and structures and the proposed amendments will not adversely affect the existing or planned uses, buildings, or structures. The proposed Housing Element Update is a policy document that provides the opportunity for the provision of affordable housing through the identification of appropriate sites and provisions for appropriate density. An environmental analysis for the project indicates that impacts related to the built environment will be less than significant. The nature of the proposed amendment of the Housing Element is not detrimental to the health, safety and general welfare of the community. The proposed Housing Element Update will not expose people to an increased risk of negative health or public safety impacts. An environmental analysis for the project indicates that impacts related to the health, safety and general welfare of the community will be less than significant. ATTACHMENTS PC Resolution Draft Housing Element HCD Comment Letters Negative Declaration with Initial Study Public Correspondence Notice of Public Hearing 5