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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MAY 11, 2010 — 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can
be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:15 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 real property owned by Madison Holdings, LLC, a California
Limited Liability Company, which is commonly known as 27135 Madison Avenue,
Temecula, and is identified as Riverside County Assessor's Parcel Number 910 -
262 -006. Meeting with City negotiators, Greg Butler and Amer Attar, regarding
instructions to negotiators concerning price and terms.. City negotiators may
negotiate with the property owner Madison Holdings, LLC, a California Limited
Liability Company.
2) Conference with real property negotiators pursuant to Government Code Section
54956.8 regarding real property owned by Basics Etc. Corporation, which is
comrrionly known as 41375 McCabe Court, Temecula, and is identified as
Riverside County Assessor's Parcel Number 910- 262 -008. Meeting with City
negotiators,' Greg Butler and Amer Attar, regarding instructions to negotiators
concerning price and terms. City negotiators may negotiate with the property
owner Basics Etc: Corporation.
3) Conference with City Attorney pursuant to Government Code Section 54956.9(b)
with respect to one matter of potential litigation. With respect to such matter, the
City Attorney has determined that a point has been reached where there is a
significant exposure to litigation involving the City and City related entities based
on existing facts and circumstances. With respect to such matter, the City Council
will also meet pursuant to Government Code Section 54956.9(c) to decide whether
to initiate litigation.
Public Information concerning existing litigation between the City and various parties
may be acquired by reviewing the public documents held by the City Clerk.
Next in Order:
Ordinance: 10 -09
Resolution: 10 -33
CALL TO ORDER: Mayor Jeff Comerchero
Prelude Music: Temecula Valley Children's Chorus
Invocation: Pastor Gary Nelson of Calvary Chapel of Temecula
Flag Salute: Council Member Washington
ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero
PRESENTATIONS /PROCLAMATIONS
Mental Health Month Proclamation
National Public Works Week Proclamation
PUBLIC COMMENTS
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
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 Adootion 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 April 27, 2010.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 10-
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 March 31, 2010
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of March 31, 2010.
5 Amendment to Professional Services Agreement for Special Tax Administration
Services
RECOMMENDATION:
5.1 Approve an amendment to the professional services agreement with NBS for an
annual amount not to exceed $55,219.23 for Fiscal Year 2010 -11 for special tax
administration for the City's Community Facilities Districts and Assessment
District.
6 Agreement for Weed Abatement Services with Inland Empire Property Services Inc.
7
RECOMMENDATION:
6.1 Approve an Annual Agreement with Inland Empire Property Services Inc. to
provide Weed Abatement Services for Fiscal Year 2009 -10 in the amount of
$40,000.
rtrveiaiue wunw riuuu �..unuui — rar
Parkway and Butterfield Stage Road)
RECOMMENDATION:
7.1 Adopt a resolution entitled:
3
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING AN OFFER OF DEDICATION MADE ON PARCEL MAP NO.
33545 FOR FLOOD CONTROL EASEMENTS
7.2 Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING TWO QUITCLAIM DEEDS CONVEYING TO THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
(RCFCBWCD) TWO DRAINAGE EASEMENTS FOR THE TEMECULA CREEK
CHANNEL, STAGE 2 (PARCEL MAP NO. 33545)
Third Amendment to the Professional Services Agreement with RBF Consulting for
additional Engineering and Landscape Architecture Design Services associated with the
Winchester Road /Highway 79 North Corridor Beautification — Proiect No. PW06 -15
RECOMMENDATION:
8.1 Approve the Third Amendment to the Professional Services Agreement with RBF
Consulting in an amount not to exceed $8,500 to provide additional engineering
and landscape architecture design services for Winchester Road /Highway 79
North Corridor Beautification — Project No. PW06 -15.
9 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids
for the Citywide Slurry Seal Proiect FY 2009 -10, Temeku Hills and a portion of
Chardonnay Hills — Proiect No. PW 10 -01
RECOMMENDATION:
9.1 Approve the plans and specifications and authorize the Department of Public
Works to solicit construction bids for the Citywide Slurry Seal Project FY 2009-
10, Temeku Hills and a portion of Chardonnay Hills — Project No. PW 10 -01.
10 Temecula Valley Reality Race. a Fundraiser Event for Michelle's Place (at the request of
Council Member Washington)
RECOMMENDATION:
10.1 Approve in concept the Temecula Valley Reality Race, a fundraiser event for
Michelle's Place, at Council Member Washington's Request;
10.2 Authorize the City to co- sponsor the event and authorize staff to work out the
details with the promoter;
10.3 Approve the use of the Temecula Community Theater to launch the event.
11 Transfer and Appropriation of Funds for the Margarita Road Right of Way Enhancement
Project
RECOMMENDATION:
11.1 Approve the transfer of Capital Improvement Program funds from the Temecula
City Entry Monumentation project and appropriate $150,000 for the design and
installation of the Margarita Road Right of Way Enhancement project.
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE
CITY OF TEMECULA REDEVELOPMENT AGENCY
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 10 -01
Resolution: No. CSD 10 -03
CALL TO ORDER: President Chuck Washington
ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington
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
12 Action Minutes
RECOMMENDATION:
12.1 Approve the action minutes of April 27, 2010.
13 Second Amendment with Computer Alert Systems, Inc.
RECOMMENDATION:
13.1 Approve the Second Amendment with Computer Alert Systems, Inc. for Alarm
Monitoring, Inspection, and Repair Services in the amount of $25,000 for Fiscal
Year 2010 -2011.
14 Third Amendment to the Citywide Tree Trimming Maintenance Services Agreement with
West Coast Arborists. Inc. for Fiscal Year 2010 -2011
RECOMMENDATION:
14.1 Approve the Third Amendment with West Coast Arborists, Inc. in the amount of
$50,000 for Citywide Tree Trimming Maintenance Services for Fiscal Year 2010-
2011.
15 Third Amendment with Arch Chemicals, Inc., formerly Marine Biochemists. for Water
Management/Maintenance Services for Fiscal Year 2010 -2011
RECOMMENDATION:
15.1 Approve the Third Amendment with Arch Chemicals, Inc., formerly Marine
Biochemist, in the amount of $46,800 for Water Management/Maintenance
Services at the Harveston Lake Park and Temecula Duck Pond for Fiscal Year
2010 -2011.
16 Fourth Amendment with Prudential Overall Supply Inc. for Uniform. Floor Mat, Dust
Mop. and Towel Cleaning /Rental Services Agreement for Fiscal Year 2010 -2011
RECOMMENDATION:
16.1 Approve the Fourth Amendment with Prudential Overall Supply Inc. in the
amount of $25,000 for Uniform, Floor Mat, and Towel Cleaning /Rental Service
for Fiscal Year 2010 -2011.
17 Fourth Amendment to the Janitorial Services Agreement for Park Restrooms and Picnic
Shelters with Environmental Cleaning Solutions & Facility Management LLC for Fiscal
Year 2010 -2011
RECOMMENDATION:
17.1 Approve the Fourth Amendment with Environmental Cleaning Solutions &
Facility Management, LLC for $63,780 to provide Janitorial Services for Park
Restrooms and Picnic Shelters for Fiscal Year 2010 -2011.
18 First Amendment to the HVAC Maintenance Services Agreement with Alpha Mechanical
Service & Engineering for Heating and Air Conditioning Services for Fiscal Year 2010-
2011.
RECOMMENDATION:
18.1 Approve the First Amendment with Alpha Mechanical Service & Engineering for
Heating and Air Conditioning Maintenance Services in the amount of $66,112 for
Fiscal Year 2010 -2011.
CSD BUSINESS
19 Old Town Gymnasium Conceptual Master Plan
RECOMMENDATION:
19.1 Approve the Old Town Gymnasium Conceptual Master Plan.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
Next regular meeting: Tuesday, May 25, 2010, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 10 -01
Resolution: No. RDA 10 -06
CALL TO ORDER: Chair Person Mike Naggar
ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington,
Naggar
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
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
20 Action Minutes
RECOMMENDATION:
20.1 Approve the action minutes of April 27, 2010.
21 Award a Contract for the Old Town Sound System Retrofit
RECOMMENDATION:
21.1 Award a contract with Western Audio Visual Corp for upgrading the Old Town
Sound System in the amount of $71,478.75 and authorize the Mayor to execute
the contract;
21.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $14,295.75, which is equal to 20% of the contract
amount;
21.3 Approve the acceleration of $86,000 from the Redevelopment Agency CIP
Budget of FY2010 -2011 to the current FY2009 -2010 for the Old Town Sound
System Retrofit.
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
Next regular meeting: Tuesday, May 25, 2010, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula,
California.
10
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 Comprehensive Amendment to the Old Town Specific Plan
RECOMMENDATION:
22.1 Adopt a resolution entitled:
RESOLUTION 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR
THE OLD TOWN SPECIFIC PLAN AMENDMENT, ADOPTING FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM IN
CONNECTION THEREWITH FOR THE OLD TOWN SPECIFIC PLAN
AMENDMENT PROJECT, CONSISTING OF APPROXIMATELY 153 ACRES,
GENERALLY LOCATED BETWEEN RANCHO CALIFORNIA ROAD AND 700
FEET SOUTH OF FIRST STREET, AND BETWEEN INTERSTATE 15 AND
THE WEST SIDE OF PUJOL STREET (LR10 -0011)
22.2 Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING GENERAL PLAN MAPS TO DESIGNATE THE OLD TOWN
SPECIFIC PLAN TERRITORY AS SPECIFIC PLAN IMPLEMENTATION
( "SPI "), ANNEX APPROXIMATELY 2.4 ACRES (LOCATED SOUTH OF FIRST
STREET), REMOVE APPROXIMATELY 2.3 ACRES (LOCATED WEST OF
THE INTERSECTION OF SIXTH STREET AND PUJOL STREET), AMEND
THE GENERAL PLAN LAND USE ELEMENT TO DEFINE SPI, AND AMEND
THE GENERAL PLAN CIRCULATION ELEMENT TO ADD PROVISIONS
REGARDING INTERSECTION LEVEL OF SERVICE (LR10 -0011)
11
22.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A COMPREHENSIVE AMENDMENT TO THE OLD TOWN
SPECIFIC PLAN (LR10 -0011)
22.4 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A ZONE CHANGE TO AMEND THE CITY'S ZONING MAP
(LR10 -0011)
23 Mall Ring Road Enforcement
RECOMMENDATION:
23.1 Introduce and read by title only an ordinance entitled:
ORDINANCE N0. 10 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 10.22 AND SECTION 10.22.101 TO THE TEMECULA
MUNICIPAL CODE PROVIDING FOR THE ENFORCEMENT OF THE
CALIFORNIA VEHICLE CODE ON PRIVATE ROADS AND PARKING
FACILITIES LOCATED ON APPROXIMATELY 179.1 ACRES AT THE
SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD
(REGIONAL MALL) PURSUANT TO VEHICLE CODE SECTIONS 21107.6
AND 21107.8
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: Tuesday, May 25, 2010, 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.
12
PRESENTATIONS
The City of Temecula
PROCLAMATION
WHEREAS, mental health is critical for our well -being and vitality, as well as that of our families and communities; and
WHEREAS, the World Health Organization found that mental illnesses are the number one cause of disability inthe United States
and, collectively, are the most prevalent health problems in America today more common than cancer, lung, and heart disease combined;
and
WHEREAS, one in 10 children has a serious mental health disorder that can lead to school failure, physical illness, substance
abuse, and suicide; and
WHEREAS, accordingto the 2009 County of Riverside Homeless Count, there are 11,191 homeless adults and children on agiven
day; and
WHEREAS, according to the same count, nearly 38.69% of the homeless were children under the age of 18 living with ahomeless
parent and nearly one -third reported symptoms of mental illness; and
WHEREAS, Temecula has made a commitment to community -based mental health care for all residents; and
WHEREAS, Mental Health America, the National Council for Community Behavioral Healthcare, and their national partners
observe Mental Health Month each May to raise awareness and understanding of mental illness.
NOW, THEREFORE, I, Jeff Comerchero, on behalf of the City Council of the City of Temecula, hereby proclaim the month of
May, 2010, to be
"Mental Health Month "
and call upon all citizens, government agencies, public and private institutions, businesses, and schools to recommit our community to
increase awareness and understanding of mental illness, to improve the array of mental health services for consumers of all ages, and to
expand the supply of affordable, supportive housing for people living with mental illness.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Temecula to
be affixed this eleventh day of May, 2010.
Jeff Comerchero, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
PROCLAMATION
WHEREAS, public works services provided in our community are an integral part of our everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems, such
as roadway maintenance and repair, drainage facilities, graffiti removal, tree trimming, weed abatement, and special event assistance; and
WHEREAS, the health, safety, and comfort of the community greatly depends on these services; and
WHEREAS, the quality and effectiveness of these services as well as their planning, design, and construction is vitally dependent
upon the efforts and skills of the public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is influenced by the
people's attitude and understanding of the importance of the work they perform.
NOW, THEREFORE, 1, Jeff Comerchero, on behalf of the City Council of the City of Temecula, hereby proclaim the week of
May 16 -22, 2010 to be
"NATIONAL PUBLIC WORKS WEEK"
"Above, Below & All Around"
in the City of Temecula, California, and encourages all citizens and civic organizations to acquaint themselves with the issues
involved in providing public works services, and to recognize the contributions which public works officials make every day to our health,
safety, comfort, and quality of life.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Temecula to
be affixed this eleventh day of May, 2010.
Jeff Comerchero, Mayor
Susan W. Jones, MMC, City Clerk
CONSENT CALENDAR
Item No. 1
Item No. 2
ACTION MINUTES
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
APRIL 27, 2010 — 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 real property owned by Madison Holdings, LLC, a California
Limited Liability Company, which is commonly known as 27135 Madison Avenue,
Temecula, and is identified as Riverside County Assessor's Parcel Number 910-
262 -006. Meeting with City negotiators, Greg Butler and Amer Attar, regarding
instructions to negotiators concerning price and terms. City negotiators may
negotiate with the property owner Madison Holdings, LLC, a California Limited
Liability Company.
2) Conference with real property negotiators pursuant to Government Code Section
54956.8 regarding real property owned by Basics Etc. Corporation, which is
commonly known as 41375 McCabe Court, Temecula, and is identified as
Riverside County Assessor's Parcel Number 910 - 262 -008. Meeting with City
negotiators, Greg Butler and Amer Attar, regarding instructions to negotiators
concerning price and terms. City negotiators may negotiate with the property
owner Basics Etc. Corporation.
3) Conference with City Attorney pursuant to Government Code Section 54956.9(b)
with respect to one matter of potential litigation. With respect to such matter, the
City Attorney has determined that a point has been reached where there is a
significant exposure to litigation involving the City and City related entities based
on existing facts and circumstances. With respect to such matter, the City Council
will also meet pursuant to Government Code Section 54956.9(c) to decide whether
to initiate litigation.
Public Information concerning existing litigation between the City and various parties
may be acquired by reviewing the public documents held by the City Clerk.
At 6:00 P.M., Mayor Comerchero called the Closed Session meeting to order.
The City Council meeting convened at 7:00 P.M.
CALL TO ORDER: Mayor Jeff Comerchero
Prelude Music: Joseph Donnantuoni
Invocation: Shawn Nelson
Flag Salute: Council Member Roberts
ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero
Council Member Naggar arrived to the meeting at 7:26 P.M.
PRESENTATIONS /PROCLAMATIONS
Travel and Tourism Week in Temecula Proclamation
PUBLIC COMMENTS
CITY COUNCIL REPORTS
CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure - Approved Staff
Recommendation (4 -0 -1) — Council Member Washington made the motion; it was
seconded by Council Member Roberts; and electronic vote reflected approval of
those present with Council Member Naggar absent.
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2 Action Minutes - Approved Staff Recommendation (4 -0 -1) — Council Member
Washington made the motion; it was seconded by Council Member Roberts; anc
electronic vote reflected approval of those present with Council Member Naggar
absent.
RECOMMENDATION:
2.1 Approve the action minutes of April 13, 2010.
3 List of Demands - Approved Staff Recommendation (4 -0 -1) — Council Member
Washington made the motion; it was seconded by Council Member Roberts; anc
electronic vote reflected approval of those present with Council Member Naggar
absent.
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 10 -30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT
A
4 Records Destruction Approval - Approved Staff Recommendation (4 -0 -1) — Council
Member Washington made the motion; it was seconded by Council Member
Roberts; and electronic vote reflected approval of those present with Council
Member Naggar absent.
RECOMMENDATION:
4.1 Approve the scheduled destruction of certain City records in accordance with the
City of Temecula approved Records Retention Policy.
5 First Amendment to Agreement with Blanca Y. Price for Landscape Plan Check and
Inspection Services - Approved Staff Recommendation (4 -0 -1) — Council Member
Washington made the motion; it was seconded by Council Member Roberts; anc
electronic vote reflected approval of those present with Council Member Naggar
absent.
RECOMMENDATION:
5.1 Approve a First Amendment to the agreement with Blanca Y. Price in the amount
of $15,000 for Landscape Plan Check and Inspection Services for a total
agreement amount of $77,000 for Fiscal Year 2009 -2010.
6 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids
for the Closed Circuit Television (CCTV) Installation on Temecula Parkway, Project No.
PW07 -07 - Approved Staff Recommendation (4 -0 -1) — Council Member Washington
made the motion; it was seconded by Council Member Roberts; and electronic
vote reflected approval of those present with Council Member Naggar absent.
RECOMMENDATION:
6.1 Approve the plans and specifications and authorize the Department of Public
Works to solicit construction bids for the Closed Circuit Television (CCTV)
Installation on Temecula Parkway, Project No. PW07 -07.
7 ADDroval of Tenant Relocation Assistance Policies and Procedures for Substandard
Housing Abatement under the State Housing Law - Approved Staff Recommendation
(4 -0 -1) — Council Member Washington made the motion; it was seconded by
Council Member Roberts; and electronic vote reflected approval of those present
with Council Member Naggar absent.
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 10 -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING "TENANT RELOCATION ASSISTANCE POLICIES AND
PROCEDURES FOR SUBSTANDARD HOUSING ABATEMENT UNDER THE
STATE HOUSING LAW"
7.2 Establish the "Substandard Housing Abatement Relocation Fund" and allocate
$75,000 to this Fund.
Consent Calendar Item No. 8 was pulled for separate discussion.
8 Opposition to Proposition 16: The Taxpayers Right to Vote Act (at the request of
Council Members Naggar and Washington) - Approved Staff Recommendation (5 -0-
0) — Council Member Washington made the motion; it was seconded by Council
Member Naggar; and electronic vote reflected unanimous approval.
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 10 -32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO
OPPOSE PROPOSITION 16: THE TAXPAYERS RIGHT TO VOTE ACT,
WHICH IS A PROPOSED CONSTITUTIONAL AMENDMENT SCHEDULED
FOR THE JUNE 2010 BALLOT THAT WOULD REQUIRE COMMUNITIES TO
REACH A TWO- THIRDS CONSENSUS VOTE IN ORDER TO FORM A
COMMUNITY CHOICE AGGREGATION AND WOULD REQUIRE THE SAME
LEVEL OF SUPPORT FOR EXPANDING MUNICIPAL UTILITIES
Jim Mitchell, Temecula, representing the Sierra Club and Santa Margarita Group, expressed his
support of this item.
Fred Bartz, Temecula, as well expressed his support of staff's recommendation.
9 Second Reading of Ordinance No. 10 -08 - Approved Staff Recommendation (4 -0 -1) —
Council Member Washington made the motion; it was seconded by Council
Member Roberts; and electronic vote reflected approval of those present with
Council Member Naggar absent.
RECOMMENDATION:
9.1 Adopt an ordinance entitled:
ORDINANCE NO. 10 -08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 2.56 OF THE TEMECULA MUNICIPAL CODE
RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS
At 7:30 P.M., the City Council convened as the Temecula Community Services District and the
Redevelopment Agency. At 7:33 P.M., the City Council resumed with regular business.
DEPARTMENTAL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
With regard to Closed Session Item Nos. 1 and 2 (real property), City Attorney Thorson advised
that these items were not discussed and will be placed on the next Closed Session agenda for
discussion. As to Item No. 3 (potential litigation), Mr. Thorson noted that the City Council gave
direction but that no action was taken.
ADJOURNMENT
At 7:35 P.M., the City Council meeting was formally adjourned to Tuesday, May 11, 2010, at
5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
In Memory of
Myles Wilder
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
Jeff Comerchero, Mayor
Item No. 3
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: May 11, 2010
SUBJECT: List of Demands
PREPARED BY: Pascale Brown, Accounting Manager
Jada Yonker, Accounting Specialist
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review
and approval by the City Council on a routine basis at each City Council meeting. The attached
claims represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies
and procedures.
ATTACHMENTS: Resolution
List of Demands
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on
file in the office of the City Clerk, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $2,126,247.70.
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 11th day of May, 2010.
Jeff Comerchero, Mayor
r_T40r:61n
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 11th day of May, 2010, by the
following vote:
F-A y d :. K o 1 l 1► [MIN i I A i 1: 7 4: 6 3
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
04/22/2010 TOTAL CHECK RUN
04/29/2010 TOTAL CHECK RUN
04/29/2010 TOTAL PAYROLL RUN:
$ 958,322.38
749,502.30
418,423.02
TOTAL LIST OF DEMANDS FOR 05/11/2010 COUNCIL MEETING: $ 2,126,247.70
DISBURSEMENTS BY FUND
CHECKS:
001
GENERAL FUND
$ 598,561.94
165
AFFORDABLE HOUSING
15,541.43
190
TEMECULA COMMUNITY SERVICES DISTRICT
237,047.16
192
TCSD SERVICE LEVEL B
129.24
193
TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE
74,892.14
194
TCSD SERVICE LEVEL D
1,203.32
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
10,786.63
197
TEMECULA LIBRARY FUND
6,038.79
210
CAPITAL IMPROVEMENT PROJECTS FUND
656,874.49
280
REDEVELOPMENT AGENCY - CIP PROJECT
17,275.89
300
INSURANCE FUND
734.42
320
INFORMATION SYSTEMS
62,478.81
330
SUPPORT SERVICES
13,743.33
340
FACILITIES
12,517.09
$ 1,707,824.68
001
GENERAL FUND
$ 256,866.18
165
AFFORDABLE HOUSING
7,350.98
190
TEMECULA COMMUNITY SERVICES DISTRICT
104,205.43
192
TCSD SERVICE LEVEL B
136.79
193
TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE
3,407.07
194
TCSD SERVICE LEVEL D
1,372.74
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
1,212.70
197
TEMECULA LIBRARY FUND
422.39
280
REDEVELOPMENT AGENCY - CIP PROJECT
3,908.27
300
INSURANCE FUND
1,302.50
320
INFORMATION SYSTEMS
23,975.61
330
SUPPORT SERVICES
5,091.47
340
FACILITIES
9,170.89
418,423.02
TOTAL BY FUND: $ 2,126,247.70
apChkLst
Final Check List
Page: 1
04/22/2010
12:11:26PM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
Description
Amount Paid
Check Total
138157
04/16/2010
006114
CASEY, MARGIE
ee computer purchase program
1,322.17
1,322.17
138158
04/2212010
013514
21ST CENTURY OIL, LLC
refund:eng grad dep:42143 OT frnt st
995.00
995.00
138159
04/2212010
011347
A F S INC
vehicle emission (BACT) test:PW
14,933.44
credit: service inv 256029
- 255.00
14,678.44
138160
04/2212010
001700
A PLUS TEACHING MATERIALS
misc supplies: tiny tot pgrm
103.75
103.75
138161
04/2212010
013367
ACTIVE MICRO INC
misc tools& equipment:pw traffic
335.33
335.33
138162
04/2212010
013515
ADVANTAGE CHEM
refund:eng grad dep:30235 ynez rd
995.00
995.00
138163
04/2212010
011322
AIR CLEANING SYSTEMS INC
plymovent repair parts: Stn 92
170.00
170.00
138164
04/2212010
003951
ALL AMERICAN ASPHALT
Mar const:rancho cal pave rehab
399,926.02
Mar const:Pechanga Pkwy ph 11
17,812.56
417,738.58
138165
04/2212010
009374
ALLEGRO MUSICAL VENTURES
piano tuning secs: library
150.00
150.00
138166
04/2212010
013530
ANDERSON, WAYNE LEE
refund:overpmt prkg cite #74391
60.00
60.00
138167
04/2212010
013531
ANIBALDI, PATRICK
refund :viol. dismissed #74863
55.00
55.00
138168
04/2212010
002648
AUTO CLUB OF SOUTHERN CALIF
Membership: 88551767 CA
47.00
Membership: 88552195 MW
47.00
Membership: 88552229 KH
47.00
Membership: 88552294 JK
47.00
Membership: 88552336 BW
47.00
Membership: 88552252 SS
47.00
Membership: 72238014 CP
47.00
329.00
138169
04/2212010
013516
AXELSON, GORDON K.
refund:eng grad dep:43620 ridge pk dr
995.00
995.00
138170
04/2212010
013105
BACKHAUSDANCE
Innerstate Grant: Theater
12,000.00
12,000.00
138171
04/2212010
013517
BEIJING ACUPUNCTURE
refund:eng grad dep:43998 vallejo ave
500.00
500.00
Page :1
apChkLst
Final Check List
Page: 2
04/22/2010
12:11:26PM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
138172
04/2212010
013384
BELAIRE WEST LANDSCAPE INC
Mar const:Wnchester /79 N
100,147.50
100,147.50
138173
04/2212010
002377
BEST BUY COMPANY INC
Employee Computer Loan Program
1,030.92
1,030.92
138174
04/2212010
012583
BLANCA Y PRICE
3/29 -4/2 lndscp pin ck svc:planning
9,120.00
credit: invoice exceeds contract amt
- 1,997.00
credit: PA1l}0066 /21 sq ft incorrect
- 4,710.00
2,413.00
138175
04/2212010
013520
BLOODGOOD, ROBERT
refund:eng grad dep:40515 calle fiesta
995.00
995.00
138176
04/2212010
013521
BROSIUS, MARK
refund:eng grad dep:43943 calle de vala
995.00
995.00
138177
04/2212010
013524
BUCARO CONSTRUCTION
refund:eng grad dep:43601 manzano dr
995.00
995.00
COMPANY
138178
04/2212010
006908
C C & COMPANY INC
entertainment:high hopes 3/5
200.00
200.00
138179
04/2212010
013525
CAN BUSINESS PARK, LLC
refund:eng grad dep:42400 winchester
995.00
995.00
138180
04/2212010
003138
CAL MAT
PW patch truck materials
1,026.36
PW patch truck materials
531.04
PW patch truck materials
406.98
PW patch truck materials
340.91
PW patch truck materials
292.09
PW patch truck materials
108.54
2,705.92
138181
04/2212010
010939
CALIF DEPT OF INDUSTRIAL
PAR 2891 cert/compliance:waterslide
250.00
250.00
138182
04/2212010
013533
CATALINA INVESTMENTS
refund:eng grad dep:27455 Bostik Ct
995.00
995.00
138183
04/2212010
000137
CHEVRON AND TEXACO
City vehicles fuel: Police
1,418.28
1,418.28
138184
04/2212010
003997
COAST RECREATION INC
playground equip repairs:tcsd parks
371.30
371.30
138185
04/2212010
008594
COMMUNITY BANK
#1418 Inv 148532 All American Asphalt
44,436.23
44,436.23
138186
04/2212010
006303
CONDUIT NETWORKS, INC
IS technical consulting:citywide
1,468.56
1,468.56
138187
04/2212010
013286
CONNEXON TELECOM INC
city emergency telecom routing
250.00
250.00
Page2
apChkLst
Final Check List
Page: 3
04/22/2010
12:11:26PM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
138188
04/2212010
001264
COSTCO WHOLESALE
supplies:art gallery @ merc
166.25
166.25
138189
04/2212010
013379
COUSSOU, CELINE
TCSD Instructor Earnings
212.80
TCSD Instructor Earnings
133.00
TCSD Instructor Earnings
84.00
429.80
138190
04/2212010
003272
DAISYWHEEL RIBBON COMPANY
plotter supplies & ink: GIS
1,155.18
1,155.18
INC
138191
04/2212010
003962
DAVID NEAULT ASSOCIATES INC
Mar landscape insp svc: 79 N
1,202.50
1,202.50
138192
04/2212010
003945
DIAMOND ENVIRONMENTAL
portable restroom:teen dance 3/22
79.88
79.88
SRVCS
138193
04/2212010
000395
ECONOMIC DEVELOPMENT
S Coast Bus Summit 4 /28:AA,TT,JR,SF
100.00
100.00
CORP
138194
04/2212010
000478
FAST SIGNS
50% deposit signage:mpsc garden
278.95
278.95
138195
04/2212010
000165
FEDERAL EXPRESS INC
3/19 -29 city express mail services
175.16
175.16
138196
04/2212010
011922
FIRST AMERICAN CORELOGIC
Mar dbase subsc: Code Enf
72.00
72.00
INC
138197
04/2212010
003347
FIRST BANKCARD CENTER
AMERICAN PLANNING
RJ APA mb 4/10 -3/11: Richardson, P
570.00
ASSOCIATION
COSTCO WHOLESALE
TT Vizio TV: City Hall hallway
416.19
PROXIM WIRELESS
TT radio repair: Theater
400.00
LUCILLE'S BBQ
SJ meal: Council closed mtg 3/23
263.40
PAYPAL
TT Verisign Payflow Pro Transaction
160.10
GEOTRUST INC
TT RapidSSL
156.00
NEW ENGLAND HISTORIC
TT Library access membership dues
150.00
AMAZON.COM, INC
TT Practical Virtualization Solutions
29.89
PAYPAL
TT HP designjet scanner manual: IS
12.99
2,158.57
138198
04/2212010
007008
FISHER SCIENTIFIC COMPANY
hazardous waste absorbant:PW
929.82
929.82
138199
04/2212010
004074
FRANCHISE MGMT SERVICES INC
wristbands:job expo 4 /17/10
271.82
271.82
Page3
apChkLst
Final Check List
Page: 4
04/22/2010
12:11:26PM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
138200
04/2212010
013527
GARCIA, AMOR
refund:tiny tots 1045.103
64.00
64.00
138201
04/2212010
013523
GILL, DARREN
refund first aid class 8300.102
32.00
32.00
138202
04/2212010
000177
GLENNIES OFFICE PRODUCTS
Office Supplies: Fire
474.10
474.10
INC
138203
04/2212010
013528
GONZALES, SARAH
refund:sec dep:rm rental:crc
150.00
150.00
138204
04/2212010
003792
GRAINGER
self luminous exit sign: Stn 84
1,000.50
1,000.50
138205
04/2212010
013107
GRANT,GLENN
broadcasting: ESG weekend
750.00
750.00
138206
04/2212010
013402
GRUBB & ELLIS
refund:eng grad dep:41577 margarita
995.00
995.00
138207
04/2212010
008081
HALL & FOREMAN INC
mar eng svc:santa gertrudis creek
1,894.00
1,894.00
138208
04/2212010
001135
HEALTH POINTE MEDICAL GROUP
emp industrial care srvcs:hr
475.17
475.17
INC
138209
04/2212010
013529
HERNANDEZ, JAIME
refund:sec dep:rm rental:crc
150.00
150.00
138210
04/2212010
010210
HOME DEPOT SUPPLY INC, THE
hardware supplies: Ch Museum
26.61
26.61
138211
04/2212010
007767
I C COMPOUND COMPANY
asphalt releasing agent: PVV Maint
1,423.73
1,423.73
138212
04/2212010
003266
IRON MOUNTAIN OFFSITE
Mar storage:City /IS Backup Tape
358.49
358.49
138213
04/2212010
001091
KEYSER MARSTON ASSOCIATES
Mar affordable housing secs: RDA
3,616.88
3,616.88
INC
138214
04/2212010
002519
LAB SAFETY SUPPLY INC
misc safety supplies: PVV Maint
1,021.54
1,021.54
138215
04/2212010
006916
LENNAR, FORMERLY
refund:eng grad dep's (8):Harveston
7,960.00
GREYSTONE HOMES
refund:eng grad dep:TM3066 &1,31276
1,990.00
9,950.00
138216
04/2212010
003726
LIFE ASSIST INC
medical supplies: paramedics
341.47
341.47
Page:4
apChkLst
Final Check List
Page: 5
04/22/2010
12:11:26PM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
138217
04/2212010
004813
M & J PAUL ENTERPRISES INC
Inflatible bounce equip:egg hunt Paloma
195.00
Inflatible bounce equip:egg hunt
195.00
Inflatible bounce equip:egg hunt Temeku
195.00
Inflatible bounce equip:egg hunt rrps
195.00
780.00
138218
04/2212010
004141
MAINTEX INC
Misc custodial supplies:theater
51.86
Misc custodial supplies:tcc
17.50
69.36
138219
04/2212010
011920
MASTER CONCEPTS LLC
TCSD Instructor Earnings
872.82
872.82
138220
04/2212010
006571
MELODY'S AD WORKS INC.
reimb:Old Town storage
647.88
647.88
138221
04/2212010
001892
MOBILE MODULAR
4/11 -5/10 modular lease: the pantry
1,042.91
1,042.91
138222
04/2212010
005887
MOFFATT & NICHOL ENGINEERS
consulting srvcs:french v4 y /i -15
10,004.09
10,004.09
138223
04/2212010
010990
MOORE IACOFANO GOLTSMAN
feb -mar youth master plan: csd
926.41
926.41
INC
138224
04/2212010
001986
MUZAK- SOUTHERN CALIFORNIA
May television signal: FOC
103.66
May music broadcast:Old Town
69.11
172.77
138225
04/2212010
010168
MYERS & SONS HI -WAY SAFETY
Traffic control supplies:pw maint div
1,498.58
1,498.58
INC
138226
04/2212010
004508
NAGGAR, MICHAEL S.
Reimb: Apr'10 Internet Srvcs
34.99
34.99
138227
04/2212010
000727
NATIONAL FIRE PROTECTION
1 yr subscr Nat'l Fire Codes: Fire Prev
810.00
810.00
ASSN
138228
04/2212010
000727
NATIONAL FIRE PROTECTION
4/6/10.6/30/11 mbrshp: S. Dakin
150.00
150.00
ASSN
138229
04/2212010
013513
NELSON, MICHAEL R.
Std field sobriety trng 325-26 (8)
800.00
800.00
138230
04/2212010
002139
NORTH COUNTY TIMES
mar display ads:temecula presents
476.28
476.28
138231
04/2212010
002139
NORTH COUNTY TIMES
Mar newspaper subscr:mpsc
29.90
29.90
138232
04/2212010
002105
OLD TOWN TIRE & SERVICE
City Vehicle Maint Svcs TCSD
686.77
City Vehicle Maint Svcs:TCSD
547.12
City Vehicle Maint Svcs:TCSD
72.42
City Vehicle Maint Svcs:TCSD
36.57
1,342.88
Pages
apChkLst
Final Check List
Page: 6
04/22/2010
12:11:26PM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
138233
04/2212010
001171
ORIENTAL TRADING COMPANY
Misc supplies:high hopes pgrm
288.64
INC
Misc supplies:tiny tot pgrm
68.92
Misc supplies:childrens museum
35.91
393.47
138234
04/2212010
012833
PC MALL GOV, INC.
Software:ann'I maint 05/14/10- 05/13/11
1,225.00
Monitors:info systems
968.67
Monitors:info systems
968.67
Headsets:info sys
407.82
3,570.16
138235
04/2212010
000249
PETTY CASH
Petty Cash Reimbursement
331.08
331.08
138236
04/2212010
010338
POOL & ELECTRICAL PRODUCTS
Supplies & chemicals:town sq fountain
41.60
INC
Misc pool supplies:aquatics pgrm
35.27
76.87
138237
04/2212010
012689
POTTY TOTS LLC
TCSD Instructor Earnings
79.80
79.80
138238
04/2212010
003697
PROJECT DESIGN
overland drive ext
24,802.90
24,802.90
CONSULTANTS
138239
04/2212010
005075
PRUDENTIAL OVERALL SUPPLY
Mar uniform/flr mat/twl rental:City
1,560.80
1,560.80
138240
04/2212010
013302
PUBLIC GROUP LLC, THE
Public Surplus admin fee
959.00
959.00
138241
04/2212010
010214
RADY CHILDRENS HOSPITAL- SD
Hospital exam srvcs: police
1,011.00
1,011.00
138242
04/2212010
000262
RANCHO CALIF WATER DISTRICT
Marvar water meters:TCSD
20,593.17
Mar var water meters 41000 main st
2,053.36
Mar various water meters: Fire Stns
586.87
Mar prkg structure mtr:mercedes st
380.88
Mar var water meters:TCSD 190.191
349.67
Mar var water meters: floating meter
320.77
Mar domestic mtr /prkg struct :mercedes
209.16
Mar var water meters 28922 pujol st
90.06
Mar var water meters main st
76.73
Mar var water meters wolf crk dr s
75.41
Mar var water meters main st
54.30
Mar var water meters:pechanga pkwy
51.72
Mar water meter28640 pujol st
7.93
24,850.03
138243
04/2212010
004584
REGENCY LIGHTING
Misc electrical supplies old
398.57
Misc electrical supplies:city hall /pd
116.15
Misc electrical supplies:children museum
100.49
615.21
Pages
apChkLst
04/22/2010
12:11:26PM
Final Check List
CITY OF TEMECULA
Page: 7
Bank:
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
138244
04/2212010
002110
RENTAL SERVICE CORPORATION Concrete /asphalt saw:pw maint div
254.44
Concretelasphalt saw:pw maint div
140.27
Tool and equip rental: PW Maint
14.96
409.67
138245
04/2212010
000353
RIVERSIDE CO AUDITOR
Mar'10 prkg citation assessments
9,003.50
Feb 10 prkg citation assessments
7,760.75
16,764.25
138246
04/2212010
001592
RIVERSIDE CO INFO
Mar radio rental& maint:police/prk mgr
1,568.58
1,568.58
TECHNOLOGY
138247
04/2212010
005756
RIVERSIDE CO TREASURER
refund:sec dep /rm rental:MPSC
250.00
250.00
138248
04/2212010
000277
S & S ARTS & CRAFTS INC
Misc supplies:tiny tot pgrm
247.44
247.44
138249
04/2212010
001500
SAN DIEGO REGIONAL TRAIN
Supervisors academy training:! ball
550.00
550.00
CTR
138250
04/2212010
009980
SANBORN, GWYN
Country @ the Merc 4/10/10
193.50
193.50
138251
04/2212010
013169
SCHINSKY, WILLIAM C.
Mar catalog artifacts: history museum
1,250.00
1,250.00
138252
04/2212010
011511
SCUBA CENTER TEMECULA
TCSD Instructor Earnings
28.00
28.00
138253
04/2212010
013470
SEATING EXPERTS INC
Theater: chairs for Merc
6,355.00
6,355.00
138254
04/2212010
010089
SECURITAS SECURITY SRVCS
Feb Security Srvcs:Harveston Lake
1,382.50
USA
Mar Security Srvcs:Harveston Lake
875.00
2,257.50
138255
04/2212010
009213
SHERRY BERRY MUSIC
Jazz @ the Merc 04/08/10
576.80
576.80
138256
04/2212010
000645
SMART & FINAL INC
Recreation supplies:dog house pgmi
156.69
Hospitality supplies:theater
84.24
240.93
138257
04/2212010
000537
SO CALIF EDISON
Apr 2- 00.397- 5059:comm svc util
10,467.31
Apr 2- 27- 560.0625:32380 deerhollow
3,060.45
Apr 2 -26- 887 - 0789:40233 vtg rd PED
1,591.99
Apr 2- 31- 693 - 9784:26036 ynez TC1
399.65
Apr 2- 30- 296 - 9522:31035 rncho vista
338.23
Apr 2 -29- 974 - 7568:26953 ynez TC1
120.91
Apr 2- 30- 099 - 3847:29721 ryecrest
21.84
Apr 2 -28- 397 - 1315:45869 redhwk pkwy
21.11
16,021.49
138258
04/2212010
001212
SO CALIF GAS COMPANY
Apr 055 - 4756169- 5:PBSP
184.51
Apr 015-575-0195-2:32211 wolf vty rd
181.03
365.54
Page:7
apChkLst
04/2212010
000515
TEMECULA VALLEY CHAMBER OF
Final Check List
80.00
Page: 8
04/22/2010
12:11:26PM
04/2212010
CITY OF TEMECULA
TENG, NATHAN N.
refund:eng grad dep:43998 vallejo ave
Bank:
union UNION BANK OF CALIFORNIA (Continued)
495.00
138269
Check #
Date
Vendor
refund:sec dep:rm rental:crc
Description
Amount Paid
Check Total
138259
04/2212010
000519
SOUTH COUNTY PEST CONTROL
Pest control srvcs:theater
420.00
INC
credit:billing adj /60% fabrication
- 5,000.00
6,000.00
138271
04/2212010
Pest control srvcs:Margarita Park
84.00
504.00
138260
04/2212010
013473
STOUT, STEVE
Entertain m ent: b lu egrass festival 3 /20-21
700.00
700.00
138261
04/2212010
013387
SWEEPING UNLIMITED INC
Apr sweeping srvcs:civic center prkg
500.00
500.00
138262
04/2212010
000305
TARGET BANK BUS CARD SRVCS
Misc Supplies:Childrens Museum
81.09
Teen dance night: rhythms dance 3/20
575.00
Misc supplies: Tiny Tots pgrm
35.78
116.87
138263
04/2212010
006697
TEM. VLY AUTO DEALERS ASSN
legal fees /plan ck fees:Automall Sign
9,250.00
9,250.00
138264
04/2212010
012265
TEMECULA ACE HARDWARE C/O
Misc supplies:var park sites
24.66
24.66
138265 04/2212010 010493 TEMECULA TOWNE CENTER May lease pmt:police mall storefront 1,458.33 1,458.33
ASSOC LP
138266 04/2212010 000876 TEMECULA VALLEY BALLOON & FY 09/10 Sponsorship 26,775.00 26,775.00
WINE
138267
04/2212010
000515
TEMECULA VALLEY CHAMBER OF
State/City 4/22 Gallegos/MacAdam
80.00
80.00
138268
04/2212010
013518
TENG, NATHAN N.
refund:eng grad dep:43998 vallejo ave
495.00
495.00
138269
04/2212010
013526
THE DANCERS STUDIO
refund:sec dep:rm rental:crc
150.00
150.00
138270
04/2212010
013261
THINKWELL GROUP INC
Museum exhibit:childrens museum
11,000.00
credit:billing adj /60% fabrication
- 5,000.00
6,000.00
138271
04/2212010
010276
TIME WARNER CABLE
Apr high speed internet: FS#92
102.45
Apr high speed internet:32364 overland
44.95
147.40
138272
04/2212010
000668
TIMMY D PRODUCTIONS INC
Sound technician /DJ:egg hunt event 4/3
1,050.00
Teen dance night: rhythms dance 3/20
575.00
Sound tech & dj srvcs:dance 2/26
450.00
2,075.00
138273
04/2212010
000978
TIP OF SW RIVERSIDE COUNTY
1st Qtr Emerg. Response Vol. Prgm
2,442.00
2,442.00
INC
138274
04/2212010
008977
VALLEY EVENTS
Event rentals:Easter Egg Hunt 4/2
140.00
140.00
Pageb
apChkLst
Final Check List
Page: 9
04/22/2010
12:11:26PM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
138275
04/2212010
004261
VERIZON
Apr xxx -5072 general usage
2,334.06
Mar xxx -0682 gen use:civic ctr camera
92.64
Mar xxx -0073 general usage
66.62
Apr xxx -3143 gen usage: PD ovrind ofc
53.38
Mar xxx -7562 gen usage:irrig contrlr
38.42
Mar xxx -4723 gen usage: Police
37.72
Apr xxx -8576 general usage
36.57
Apr xxx -5473 gen usage:moraga rd
36.57
Mar xxx -2372 gen usage:wolf crk irrg
36.52
2,732.50
138276
04/2212010
009101
VISION ONE INC
Mar showare ticketing srvcs:theater
2,084.20
2,084.20
138277
04/2212010
001342
WAXIE SANITARY SUPPLY INC
Janitorial supplies: CRC
193.20
193.20
138278
04/2212010
000621
WESTERN RIVERSIDE COUNCIL
Mar'10 TUMF Payment
110,240.00
110,240.00
OF
138279
04/2212010
008402
WESTERN RIVERSIDE COUNTY
Mar'10 MSHCP payment
19,856.00
19,856.00
138280
04/2212010
000230
WILLDAN FINANCIAL SERVICES
Apr -Jun asmnt eng srvcs:csd
5,666.65
5,666.65
138281 04/2212010 013522 WILLIAM LYON HOMES refund:eng grad dep:TM 32169 995.00
138282 04/2212010 003776 ZOLL MEDICAL CORPORATION Emergency equip supplies:paramedics 845.19
Emergency equip supplies:paramedics 26.09
Grand Total All Checks:
995.00
871.28
958,322.38
Page9
Item No. 4
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: May 11, 2010
SUBJECT: City Treasurer's Report as of March 31, 2010
PREPARED BY: Rudy Graciano, Revenue Manager
RECOMMENDATION: Approve and file the City Treasurer's Report as of March 31, 2010.
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 March 31, 2010.
FISCAL IMPACT: None.
ATTACHMENTS: City Treasurer's Report as of March 31, 2010
CITY OF TEMECULA
MEMORANDUM
TO: City Manager /City Council
FROM: Genie Roberts, Director of Finance
DATE: April 29, 2010
SUBJECT: City Treasurer's Report as of March 31, 2010
According to Government Code Section 53646, reports to the City Council regarding the City's
investment portfolio are required to be submitted within thirty days following the end of the quarter
covered by the report. However, as a matter of City practice, the City Treasurer's Report will be
distributed directly to you each month. It will also still appear on the first City Council meeting
agenda each month for formal acceptance.
The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635
as of March 31. 2010.
GR:jmm
Attachment: City Treasurer's Report as of March 31, 2010
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: May 11, 2010
SUBJECT: City Treasurer's Report as of March 31, 2010
PREPARED BY: Rudy Graciano, Revenue Manager
RECOMMENDATION: Approve and file the City Treasurer's Report as of March 31, 2010.
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 March 31, 2010.
FISCAL IMPACT: None.
ATTACHMENTS: City Treasurer's Report as of March 31, 2010
Current Year
Average Daily Balance
Effective Rate of Return
Reporting period 03/01/2010- 0311/2010
Run Dare aa22,0310 17 95
158,166 01 1,864,802 69
179,917,597.55 181,171,784.81
1.10% 1.370/6
Portfolio TEME
CP
PM (PRF`Mt) rsyMRept8 42
Retort Ve[500
Par
Market
City of Temecula
% of
City of Temecula, California 43200 Business Park Drive
days to
Portfolio Management Po. Box 9033
g Temecula, CA, 92590
IMV i�
Portfolio Summary (951)694 6430
- -_ —!
March 31, 2010
Current Year
Average Daily Balance
Effective Rate of Return
Reporting period 03/01/2010- 0311/2010
Run Dare aa22,0310 17 95
158,166 01 1,864,802 69
179,917,597.55 181,171,784.81
1.10% 1.370/6
Portfolio TEME
CP
PM (PRF`Mt) rsyMRept8 42
Retort Ve[500
Par
Market
Book
% of
days to
wm
wm
Investments
Value
Value
Value
Portfolio
Term
Maturity
360 Equiv.
355 Equiv.
Certificates of Deposit Bank
373,983.53
373,983.A
8]3,929.63
8.63
1,177
153
6.888
6878
Managed Pool Addounts
48,294,82862
48,294,822.62
48,294,822.62
27.99
1
1
8.613
8.628
Letter of credit
1.00
1.00
1.00
0.00
1
1
0.000
0.000
Looal/Agency Investment Funds
G5,1 3G,349 99
86,238,17842
G5,1 3G,349 99
3961
1
1
8.648
8.647
Fed eral Ag ends Callable 5eourniies
27,880,888.88
9,325,768.88
27,880,888.88
1232
1,328
1,882
2789
2748
Federal Agency Bullet Securities
24,886,888.88
24,298,94692
24,033,843.68
14.53
782
473
1.832
1864
Investment Contrads
20314BB78
203148878
203148878
123
8979
2,710
6.609
6626
165,450,891.86
166,046,415.27
165,419,535.2
199.99%
429
278
1.133
1.1,18
Investments
Cash
Passbook/Cbeokirg
7,429,029.10
7,429,02910
7,429,02910
1
1
0.000
0.000
(not included In yield calculations)
Total Cash and Investments
172,879,920.96
1]3,475,444.37
172,84,584.52
429
278
1.133
1.1,18
Current Year
Average Daily Balance
Effective Rate of Return
Reporting period 03/01/2010- 0311/2010
Run Dare aa22,0310 17 95
158,166 01 1,864,802 69
179,917,597.55 181,171,784.81
1.10% 1.370/6
Portfolio TEME
CP
PM (PRF`Mt) rsyMRept8 42
Retort Ve[500
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
March 31, 2010
Page 2
Average Purchase Stated YTM VTM Daysto Maturity
CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Certificates of Deposit - Bank
95453516 -2 66 -12 GENIM2 USBANK 06/12/2007 673,963.53 673,963.53 673,963.53 5.600
Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53
Managed Pool
Accounts
1.00
1 2221 60 03 -2
CITY
COP RE2
104346006 -1
01-2
IMP 2
104346006 -4
01 -2
RESA2
104346016 -3
01 -2
RESB2
104346000 -4
01 -2
SPTAX2
94669911 -2
03 -1
ACQA2
946699213
03 -1
ACQB3
946699023
03 -1
BOND3
946699063
03 -1
RES A3
94669916 -2
03 -1
RES B2
94669900 -4
03 -1
SPTAXI
793593011 -2
03 -2
ADO
793593009 -2
03 -2
EMW D 2
793593007 -2
03 -2
IMP 2
793593016 -4
03 -2
LOD 2
793593010 -2
03 -2
PWADM2
793593006 -2
03 -2
RES 2
793593000 -3
03 -2
SPTX2
744727011 -2
03 -3
ACQ2
744727002 -2
03 -3
BOND 2
744727007 -2
03 -3
CITY2
744727009
03 -3
EMW D 1
744727006 -3
03 -3
RES3
744727000 -4
03 -3
SP TX 4
94666001 -2
03 -4
ADMIN2
94666005 -1
03 -4
PREP1
94666000 -1
03 -4
RED1
94666006 -2
03 -4
RES2
766776002 -2
03 -6
BON D2
766776007 -2
03 -61MP2
73,747.57
766776006 -2
03 -6
RES2
766776000 -3
03 -6
SP TX3
95453510 -2
66 -12 BON D2
95453516 -4
66 -12 G14
Run Date_ 04/28/2010 -17 03
5.600 5.676 153 09/01/2010
5.600 5.678 153
ASSURED GUARANTY
1.00
1.00
1.00 1.000
0.966
1.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
65,093.61
65,093.61
65,093.61
0.000
0.000 1
First American
Treasury
4,530.51
4,530.51
4,530.51
0.000
0.000 1
First American
Treasury
15,113.21
15,113.21
15,113.21
0.000
0.000 1
First American
Treasury
07/01/2009
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
124,061.64
124,061.64
124,061.64
0.000
0.000 1
First American
Treasury
73,747.57
73,747.57
73,747.57
0.000
0.000 1
First American
Treasury
4,229.47
4,229.47
4,229.47
0.000
0.000 1
First American
Treasury
4,364.66
4,364.66
4,364.66
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
2,961.04
2,961.04
2,961.04
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
61,616.43
61,616.43
61,616.43
0.000
0.000 1
First American
Treasury
07/01/2009
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
124,170.05
124,170.05
124,170.05
0.000
0.000 1
First American
Treasury
15,151.74
15,151.74
15,151.74
0.000
0.000 1
First American
Treasury
4,071.65
4,071.65
4,071.65
0.000
0.000 1
First American
Treasury
3,292.61
3,292.61
3,292.61
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
07/01/2009
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
1,402.16
1,402.16
1,402.16
0.000
0.000 1
First American
Treasury
0.00
0.00
0.00
0.000
0.000 1
First American
Treasury
25,242.63
25,242.63
25,242.63
0.000
0.000 1
First American
Treasury
336.59
336.59
336.59
0.000
0.000 1
First American
Treasury
13,160.90
13,160.90
13,160.90
0.000
0.000 1
Portfollo TEME
CID
PM (PRF_PM2) SymRapt 6 42
Report Var_ 5 00
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
March 31, 2010
Page 3
Average
Purchase
Stated
YTM
YTM
Daysto Maturity
CUSIP
Investment#
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Managed Pool Accounts
1 2221 60 03 -4
CITY COP RE4
First American Treasury
0.00
0.00
0.00
0.000
0.000
1
122216006-3
CITY COPCIP2
First American Treasury
07/01/2009
7,059.52
7,059.52
7,059.52
0.000
0.000
1
122216000-2
CITY COPLPF2
First American Treasury
0.00
0.00
0.00
0.000
0.000
1
94434160 -1
RDA 021NT1
First American Treasury
0.00
0.00
0.00
0.000
0.000
1
94434161-2
RDA 02 PRIN2
First American Treasury
0.00
0.00
0.00
0.000
0.000
1
107666006 -2
RDA 06 CIPA2
First American Treasury
312.71
312.71
312.71
0.000
0.000
1
107666001
RDA 06 PRIN
First American Treasury
07/27/2009
0.00
0.00
0.00
0.000
0.000
1
107666000 -2
RDA 06A INT2
First American Treasury
0.00
0.00
0.00
0.000
0.000
1
107666016 -3
RDA 06B CIP3
First American Treasury
959 ,432.06
959,432.06
959,432.06
0.000
0.000
1
107666010 -2
RDA 06B INT2
First American Treasury
0.00
0.00
0.00
0.000
0.000
1
107666016 -2
RDA 06B RES2
First American Treasury
202,115.00
202,115.00
202,115.00
0.000
0.000
1
107666030 -2
RDA 07 CAPI2
First American Treasury
07/01/2009
0.00
0.00
0.00
0.000
0.000
1
107666027 -2
RDA 07 ESC2
First American Treasury
07/01/2009
0.00
0.00
0.00
0.000
0.000
1
107666020 -2
RDA 07 INT2
First American Treasury
0.00
0.00
0.00
0.000
0.000
1
107666026 -2
RDA 07 PROJ2
First American Treasury
393,772.03
393,772.03
393,772.03
0.000
0.000
1
107666026 -2
RDA 07 RES2
First American Treasury
316.62
316.62
316.62
0.000
0.000
1
SYSRDA 10 DS 1
RDA 10 DS 1
First American Treasury
03/11/2010
26,623.05
26,623.05
26,623.05
0.000
0.000
1
SYSRDA 10A CIP2
RDA 10A CIP2
First American Treasury
03/11/2010
2,531.10
2,531.10
2,531.10
0.000
0.000
1
94432360 -2
TCSD COP INT
First American Treasury
07/01/2009
104,645.00
104,645.00
104,645.00
0.000
0.000
1
94432363
02001
Financial Security Assurance
07/01/2009
1.00
1.00
1.00
0.000
0.000
1
793593011 -1
03 -2 -1 ACQUI
CA Local Agency Investment Fun
29,111,625.54
29,111,625.54
29,111,625.54
0.547
0.540
0.547
1
793593009 -1
03 -2 -1 EMWD
CA Local Agency Investment Fun
1,557,052.13
1,557,052.13
1,557,052.13
0.547
0.540
0.547
1
793593007 -1
03 -2 -1 IMPRO
CA Local Agency Investment Fun
602,264.65
602,264.65
602,264.65
0.547
0.540
0.547
1
793593010 -1
03 -2 -1 PW AD
CA Local Agency Investment Fun
472,647.57
472,647.57
472,647.57
0.547
0.540
0.547
1
793593006 -3
03 -2 -3 RESER
CA Local Agency Investment Fun
3,594,377.36
3,594,377.36
3,594,377.36
0.547
0.540
0.547
1
122216006
CITY COP CIP
CA Local Agency Investment Fun
5,146,766.69
5,146,766.69
5,146,766.69
0.547
0.540
0.547
1
1 2221 60 03 -1
CITY COP RE1
CA Local Agency Investment Fun
619,772.96
619,772.96
619,772.96
0.547
0.540
0.547
1
107666006 -1
RDA 06 CIP -1
CA Local Agency Investment Fun
0.00
0.00
0.00
0.547
0.540
0.547
1
107666016 -2
RDA 06 CIP -2
CA Local Agency Investment Fun
0.00
0.00
0.00
0.547
0.540
0.547
1
107666030 -1
RDA 07 CAP -1
CA Local Agency Investment Fun
0.00
0.00
0.00
0.547
0.540
0.547
1
107666027 -1
RDA 07 ESC -1
CA Local Agency Investment Fun
0.00
0.00
0.00
0.547
0.540
0.547
1
107666026 -1
RDA 07 PRO -1
CA Local Agency Investment Fun
1,402,066.66
1,402,066.66
1,402,066.66
0.547
0.540
0.547
1
107666026 -1
RDA 07 RES -1
CA Local Agency Investment Fun
1,105,452.42
1,105,452.42
1,105,452.42
0.547
0.540
0.547
1
107666006
RDA 06 RESA
MBIA Surety Bond
1.00
1.00
1.00
0.000
0.000
1
94434166
RDA TABS RES
MBIA Surety Bond
1.00
1.00
1.00
0.000
0.000
1
SYS95453516 -1
95453516 -1
USBANK
02/26/2010
0.00
0.00
0.00
0.000
0.000
1
Subtotal and Average 47,357,508.15
46,294,088.58
46,294,088.58
46,294,088.58
0.513
0.520
1
Portfollo TEME
CID
Run Date_ 04/28/2010 -17 03
PM (PRF_PM2)
SymRapt 6 42
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
March 31, 2010
Page 4
Portfollo TEME
CID
Run Date_ 04/28/2010 -17 03 PM (PRF_PM2) SymRapt 6 42
Average
Purchase
Stated
YTM
YTM
Daysto Maturity
CUSIP
Investment#
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365
Maturity Date
Letter of Credit
104346006 -1
02006
ASSURANCE CO BOND INSURANCE
07/01/2009
1.00
1.00
1.00
0.000
0.000
1
Subtotal and Average 1.00
1.00
1.00
1.00
0.000
0.000
1
Local Agency Investment
Funds
94669911 -1
03 -1 ADO A2
CA Local Agency Investment Fun
726,503.39
726,503.39
726,503.39
0.547
0.540
0.547
1
94669921 -1
03 -1 ADO B2
CA Local Agency Investment Fun
3,670,076.41
3,670,076.41
3,670,076.41
0.547
0.540
0.547
1
744727011 -1
03 -3 ADO 2
CA Local Agency Investment Fun
923,711.70
923,711.70
923,711.70
0.577
0.569
0.577
1
744727007 -1
03 -3 CITY 2
CA Local Agency Investment Fun
0.00
0.00
0.00
0.547
0.540
0.547
1
766776007 -1
03 -6 IMP 1
CA Local Agency Investment Fun
157,001.56
157,001.56
157,001.56
0.547
0.540
0.547
1
SYSCITY
CITY
CA Local Agency Investment Fun
29,490,940.63
29,516,693.06
29,490,940.63
0.547
0.540
0.547
1
SYSRDA
RDA
CA Local Agency Investment Fun
1,163,536.07
1,164,640.90
1,163,536.07
0.547
0.540
0.547
1
SYSRDA 10 DS 2
RDA 10 DS 2
CA Local Agency Investment Fun
03/11/2010
1,263,919.60
1,263,919.60
1,263,919.60
0.547
0.540
0.547
1
SYSRDA 10A CIP1
RDA 10A CIP1
CA Local Agency Investment Fun
03/11/2010
665,230.51
665,230.51
665,230.51
0.547
0.540
0.547
1
SYSRDA 10 CIP 1
RDA 10B CIP1
CA Local Agency Investment Fun
03/11/2010
11,116,649.69
11,116,649.69
11,116,649.69
0.547
0.540
0.547
1
SYSTCSD
TCSD
CA Local Agency Investment Fun
15,566,576.03
15,601,349.36
15,566,576.03
0.547
0.540
0.547
1
Subtotal and Average 61,653,769.34
65,186,349.99
65,230,178.42
65,186,349.99
0.540
0.547
1
Federal Agency
Callable Securities
31331GZ36
01145
Federal Farm Credit Bank
10/19/2009
1,000,000.00
1,002,500.00
1,000,000.00
1.550
2.399
2.432
640
07/19/2012
3133XRSM3
01102
Federal Home Loan Bank
07/23/2006
1,000,000.00
1,011,560.00
1,000,000.00
4.050
3.995
4.050
662
01/23/2012
3133XRVA5
01109
Federal Home Loan Bank
07/30/2006
1,000,000.00
1,012,190.00
1,000,000.00
4.220
4.162
4.220
651
07/30/2012
3133XRM
01116
Federal Home Loan Bank
06/20/2006
1,000,000.00
1,013,440.00
1,000,000.00
4.070
4.014
4.070
672
06/20/2012
3133XUAE3
01131
Federal Home Loan Bank
07/27/2009
1,000,000.00
1,004,060.00
1,000,000.00
2.000
1.973
2.000
646
07/27/2012
3133XUBXO
01133
Federal Home Loan Bank
07/30/2009
1,000,000.00
1,005,310.00
1,000,000.00
2.375
2.342
2.375
1,035
01/30/2013
3133XUGS6
01136
Federal Home Loan Bank
06/26/2009
1,000,000.00
1,007,610.00
1,000,000.00
2.500
2.466
2.500
1,062
02/26/2013
3133XUKAO
01136
Federal Home Loan Bank
06/26/2009
1,000,000.00
1,007,610.00
1,000,000.00
2.560
2.545
2.560
1,062
02/26/2013
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
714
03/15/2012
3133XVF63
01147
Federal Home Loan Bank
10/26/2009
1,000,000.00
1,006,560.00
1,000,000.00
2.100
2.071
2.100
1,121
04/26/2013
3126X6R46
01126
Federal Home Loan Mtg Corp
06/25/2009
2,000,000.00
2,012,520.00
2,000,000.00
3.000
2.959
3.000
1,161
06/25/2013
3126X6S52
01129
Federal Home Loan Mtg Corp
06/29/2009
1,000,000.00
1,004,410.00
1,000,000.00
2.450
2.416
2.450
620
06/29/2012
3126X9NT3
01152
Federal Home Loan Mtg Corp
12/10/2009
1,000,000.00
997,260.00
1,000,000.00
1.630
1.606
1.630
964
12/10/2012
3136F9CB7
01066
Federal National Mtg Assn
03/11/2006
2,000,000.00
2,120,000.00
2,000,000.00
4.000
3.945
4.000
1,075
03/11/2013
3136F9DP5
01090
Federal National Mtg Assn
03/27/2006
1,000,000.00
1,060,940.00
1,000,000.00
4.000
3.945
4.000
1,091
03/27/2013
3136FHRX5
01126
Federal National Mtg Assn
05/21/2009
1,000,000.00
1,002,610.00
1,000,000.00
2.125
2.096
2.125
1,511
05/21/2014
3136FHXF7
01127
Federal National Mtg Assn
06/10/2009
1,000,000.00
1,007,500.00
1,000,000.00
2.000
1.973
2.000
964
12/10/2012
3136FHY66
01132
Federal National Mtg Assn
06/03/2009
1,000,000.00
1,005,000.00
1,000,000.00
2.000
1.973
2.000
655
06/03/2012
31396AYN6
01134
Federal National Mtg Assn
07/26/2009
1,000,000.00
1,007,500.00
1,000,000.00
3.000
2.959
3.000
1,579
07/26/2014
3136FJAD3
01140
Federal National Mtg Assn
09/03/2009
1,000,000.00
1,007,190.00
1,000,000.00
2.200
3.519
3.566
977
12/03/2012
Portfollo TEME
CID
Run Date_ 04/28/2010 -17 03 PM (PRF_PM2) SymRapt 6 42
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
March 31, 2010
Page 5
Federal Agency
Bullet Securities
31331 XMQ2
Average
Purchase
01092
31331Y3P3
01105
Stated
YTM
YTM
Daysto
Maturity
CUSIP
Investment#
Issuer
Balance
Date
Par Value
Market Value
Book Value
Rate
360
365
Maturity
Date
Federal Agency
Callable Securities
313569E25
01 -2 RESA9
313569E25
01 -2 RESB9
313569E25
01 -2 SPTAX9
31396AYM6
01139
313569E25
03 -02 LC9
313569E25
31396AZD7
01142
Federal National Mtg Assn
313569E25
09/21/2009
1,000,000.00
1,001,660.00
1,000,000.00
2.170
2.140
2.170
1,065
03/21/2013
3136FJFD6
01143
Federal National Mtg Assn
03 -1 SPTAX9
09/26/2009
1,000,000.00
1,003,750.00
1,000,000.00
2.050
2.022
2.050
1,002
12/26/2012
3136FJHX2
01146
Federal National Mtg Assn
10/15/2012
10/26/2009
1,000,000.00
1,002,190.00
1,000,000.00
2.000
1.973
2.000
1,002
12/26/2012
3136FJNN7
01146
Federal National Mtg Assn
1,000,000.00
11/16/2009
1,000,000.00
1,006,560.00
1,000,000.00
2.000
1.973
2.000
1,692
11/16/2014
31396AZY1
01149
Federal National Mtg Assn
1.500
11/10/2009
1,000,000.00
1,010,000.00
1,000,000.00
3.125
3.062
3.125
1,664
11/10/2014
2.250
Subtotal and Average
27,000,000.00
602
27,000,000.00
27,325,750.00
27,000,000.00
1,000,000.00
2.709
2.746
1,068
1.603
Federal Agency
Bullet Securities
31331 XMQ2
01059
31331YG46
01092
31331Y3P3
01105
31331Y3N6
01111
31331 GF47
01135
31331 GG37
01137
31331 GZ44
01144
3133XRRU6
01101
3133XSWM6
01124
3133XTN65
01125
3133XTXC5
01130
3133XVEM9
01150
3133XVRS2
01151
313569E25
01 -2 RESA9
313569E25
01 -2 RESB9
313569E25
01 -2 SPTAX9
31396AYM6
01139
313569E25
03 -02 LC9
313569E25
03 -02 RES9
313569E25
03 -02 SPTAX9
313569E25
03 -04 RED9
313569E25
03 -04 RES9
313569E25
03 -06 RES9
313569E25
03 -06 SPTAX9
313569E25
03 -1 RESA9
313569E25
03 -1 RESB9
313569E25
03 -1 SPTAX9
313569E25
03 -3 RES9
313569E25
03 -3 SPTAX9
313569E25
66 -12 BND9
Run Date_ 04/28/2010 -17 03
Federal Farm Credit Bank
01/26/2007
1,000,000.00
1,007,190.00
1,000,000.00
5.000
4.934
5.002
55 05/26/2010
Federal Farm Credit Bank
04/21/2006
2,000,000.00
2,042,500.00
1,993,700.00
2.630
2.703
2.740
365
04/21/2011
Federal Farm Credit Bank
07/15/2006
1,000,000.00
1,039,060.00
996,140.00
3.500
3.514
3.563
550
10/03/2011
Federal Farm Credit Bank
07/30/2006
1,000,000.00
1,036,660.00
999,000.00
3.625
3.610
3.661
470
07/15/2011
Federal Farm Credit Bank
07/29/2009
1,000,000.00
1,006,560.00
997,500.00
2.250
2.264
2.316
1,215
07/29/2013
Federal Farm Credit Bank
06/04/2009
1,000,000.00
1,009,690.00
1,000,000.00
2.150
2.121
2.150
1,040
02/04/2013
Federal Farm Credit Bank
10/15/2009
1,000,000.00
999,360.00
1,000,000.00
1.550
1.529
1.550
926
10/15/2012
Federal Home Loan Bank
07/03/2006
1,000,000.00
1,037,190.00
996,570.00
3.625
3.626
3.676
456
07/01/2011
Federal Home Loan Bank
01/23/2009
1,000,000.00
1,016,130.00
1,000,000.00
2.100
2.071
2.100
662
01/23/2012
Federal Home Loan Bank
05/07/2009
1,000,000.00
1,009,060.00
1,000,000.00
1.500
1.479
1.500
565
11/07/2011
Federal Home Loan Bank
06/11/2009
1,000,000.00
1,020,310.00
1,000,000.00
2.250
2.219
2.250
602
06/11/2012
Federal Home Loan Bank
11/04/2009
1,000,000.00
1,002,610.00
1,000,000.00
1.625
1.603
1.625
965
11/21/2012
Federal Home Loan Bank
11/16/2009
1,000,000.00
999,690.00
999,750.00
1.000
0.996
1.012
636
12/26/2011
Federal National Mtg Assn
03/01/2010
442,056.67
441,616.61
441,606.99
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
203,496.12
203,294.62
203,290.10
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
254,253.26
253,999.03
253,993.36
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
06/10/2009
1,000,000.00
1,006,560.00
991,250.00
1.750
2.024
2.052
662
06/10/2012
Federal National Mtg Assn
03/01/2010
2,644,430.70
2,641,566.27
2,641,523.06
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
367.94
367.57
367.56
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
660,275.45
659,615.17
659,600.50
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
17,765.92
17,746.15
17,747.76
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
96,566.21
96,469.64
96,467.50
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
336,266.41
337,950.12
337,942.60
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
69,595.39
69,525.79
69,524.25
0.200
0.400
0.406
153
09/01/2010
Federal National Mtg Assn
03/01/2010
667,161.16
666,314.00
666,294.73
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
223,795.70
223,571.90
223,566.93
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
369,636.94
369,449.10
369,440.44
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
2,160,331.53
2,176,151.20
2,176,102.75
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
407,472.74
407,065.27
407,056.21
0.200
0.203
0.206
153
09/01/2010
Federal National Mtg Assn
03/01/2010
359.52
359.16
359.15
0.200
0.203
0.206
153
09/01/2010
Portfollo TEME
CID
PM (PRF_PM2) SymRapt 6 42
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
March 31, 2010
Page 6
Investment
Average Purchase
Stated
YTM
VTM Daysto Maturity
CUSIP Investment# Issuer
Balance Date
Par Value
Market Value
Book Value Rate
360
365 Maturity Date
Federal Agency Bullet Securities
66 -12
RES 2 IXIS Funding Corp 07/24/1996
1,531,466.76
1,531,466.76
1,531,466.76 5.430
5.509 5.565 2,710 09/01/2017
313569E25 66 -12 GENI9 Federal National Mtg Assn
03/01/2010
66,920.10
66,651.16
66,649.65 0.200
0.203
0.206 153 09/01/2010
Subtotal and Average
24,033,643.56
24,065,000.00
24,290,944.98
24,033,643.56
1.632
1.654 473
Investment
Contracts
95453516 -1
66 -12
GEN IM IXIS Funding Corp 07/24/1996
500,000.00
500,000.00
500,000.00 5.430
5.509 5.565 2,710 09/01/2017
95453516 -1
66 -12
RES 2 IXIS Funding Corp 07/24/1996
1,531,466.76
1,531,466.76
1,531,466.76 5.430
5.509 5.565 2,710 09/01/2017
Subtotal and Average 2,031,468.76
2,031,468.76
2,031,468.76
2,031,468.76
5.509 5.585 2,710
Total and Average 170,017,507.55
Run Date_ 04/28/2010 -17 03
165, 450,891.86 166, 046,415.27 165,419, 535.42
1.133 1.148 278
Portfollo TEME
CP
PM (PRF_PM2) SymRapt 6 42
City of Temecula, California
Portfolio Management
Portfolio Details - Cash
March 31, 2010
Page 7
Average Balance 0.00
Total Cash and Investments 170,017,507.55
Run Date_ 04/28/2010 -17 03
172,879,920.96 173,475,444.37 172,848, 564.52
1
1.133 1.148 278
Portfollo TEME
CID
PM (PRF_PM2) SymRapt 6 42
Average Purchase
Stated
YTM
YTM
Days to
CUSIP 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
1,216,162.90
1,216,162.90
1,216,162.90
0.000
0.000
1
4110170261 EDGEDEV
TORRY PINES BANK
07/01/2009
1,621,597.60
1,621,597.60
1,621,597.60
0.000
0.000
1
23303600 PCL CONST
Wells Fargo Bank
07/01/2009
1,592,176.60
1,592,176.60
1,592,176.60
0.000
0.000
1
Passbook /Checking Accounts
SYSPetty Cash Petty Cash
City of Temecula
07/01/2009
2,610.00
2,610.00
2,610.00
0.000
0.000
1
SYSFIex Ck Acct Flex Ck Acct
Union Bank of California
07/01/2009
11,934.76
11,934.76
11,934.76
0.000
0.000
1
SYSGen Ck Acct Gen Ck Acct
Union Bank of California
2,773,961.15
2,773,961.15
2,773,961.15
0.000
0.000
1
SYSParking Ck PARKING CITA
Union Bank of California
07/01/2009
10,343.67
10,343.67
10,343.67
0.000
0.000
1
Average Balance 0.00
Total Cash and Investments 170,017,507.55
Run Date_ 04/28/2010 -17 03
172,879,920.96 173,475,444.37 172,848, 564.52
1
1.133 1.148 278
Portfollo TEME
CID
PM (PRF_PM2) SymRapt 6 42
Cash and Investments Report
CITY OF TEMECULA
Through March 31, 2010
Grand Total: $173,475,444.37
Fund Total
001
GENERAL FUND
$45,583,129.25
100
STATE GAS TAX FUND
675.45
101
STATE TRANSPORTATION FUND
1,222,074.25
120
DEVELOPMENT IMPACT FUND
4,469,780.75
140
COMMUNITY DEV BLOCK GRANT
0.07
150
AB 2766 FUND
478,350.33
160
AB 3229
0.07
165
RDA AFFORDABLE HOUSING 20%
22,023,197.90
170
MEASURE A FUND
6,787,868.91
190
TEMECULA COMMUNITY
1,113,708.64
192
TCSD SERVICE LEVEL "B" STREET
350.38
193
TCSD SERVICE LEVEL "C"
611,633.25
194
TCSD SERVICE LEVEL "D"
120,255.22
195
TCSD SERVICE LEVEL "R"
8,395.16
196
TCSD SERVICE LEVEL "L" LAKE
185,725.90
197
TEMECULA LIBRARY FUND
1,242,919.65
210
CAPITAL IMPROVEMENT
23,031,714.51
273
CFD 03 -1 CROWNE HILL
4,618,225.52
275
CFD 03 -3 WOLF CREEK
1,005,505.64
276
CFD 03 -6 HARVESTON 2
158,403.74
277
CFD - RORIPAUGH
31,553,304.22
280
REDEVELOPMENT AGENCY - CIP
1,568,941.35
300
INSURANCE FUND
772,725.52
310
VEHICLES FUND
895,410.74
320
INFORMATION SYSTEMS
690,304.18
330
SUPPORT SERVICES
361,415.69
340
FACILITIES
270,998.65
370
CITY 2008 COP'S DEBT SERVICE
825,627.06
375
SUMMER YOUTH EMPLOYMENT
14,219.89
380
RDA DEBT SERVICE FUND
4,642,369.18
390
TCSD 2001 COP'S DEBT SERVICE
107,776.46
460
CFD 88 -12 DEBT SERVICE FUND
4,245,610.72
472
CFD 01 -2 HARVESTON A &B DEBT
1,032,743.51
473
CFD 03 -1 CROWNE HILL DEBT
1,641,791.59
474
AD 03 -4 JOHN WARNER ROAD
137,600.17
475
CFD 03 -3 WOLF CREEK DEBT
3,046,277.46
476
CFD 03 -6 HARVESTON 2 DEBT
467,446.66
477
CFD 03 -02 RORIPAUGH DEBT
8,538,313.80
700
CERBT CALIFORNIA EE RETIREE-
652.93
Grand Total: $173,475,444.37
Item No. 5
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: May 11, 2010
SUBJECT: Amendment to Professional Services Agreement for Special Tax Administration
Services
PREPARED BY: David Bilby, Senior Debt Analyst
RECOMMENDATION: That the City Council approve an amendment to the professional
services agreement with NBS for an annual amount not to exceed $55,219.23 for fiscal year 2010-
11 for special tax administration for the City's Community Facilities Districts and Assessment
District.
BACKGROUND: On May 12, 2009, the City executed a one -year professional services
agreement with N BS for fiscal year 2009 -10, with the option to renew for two (2) additional one (1)
year terms.
NBS, as special tax consultant to the City, provides comprehensive special tax administration
services including: calculating the annual special tax levy; receiving and responding to all taxpayer
phone calls; monitoring delinquencies; disclosure reporting; bond call preparation; payoff
calculations; and annual reporting for the City's seven special tax districts.
The City of Temecula has six (6) existing Community Facilities Districts and one (1) Assessment
District:
• CFD 88 -12 (Ynez Corridor)
• CFD 01 -2 (Harveston)
• CFD 03 -1 (Crowne Hill)
• CFD 03 -2 (Roripaugh Ranch)
• CFD 03 -3 (Wolf Creek)
• CFD 03 -6 (Harveston II)
• AD 03 -4 (John Warner Road)
The City has been extremely satisfied with the services of NBS, therefore, it is staff's
recommendation that the Council approve an amendment to the professional services agreement
with NBS to provide special tax administration for the City's Community Facilities Districts and
Assessment District for fiscal year 2010 -11.
FISCAL IMPACT: The amount of the agreement is not to exceed $55,219.23 for fiscal
year 2010 -11. Funds for the administration of special districts are included in the annual special tax
levies for each of the Districts.
ATTACHMENT: FirstAmendment to the Professional Services Agreement for Special
Tax Administration Services
FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND NBS
FOR SPECIAL TAX ADMINISTRATION SERVICES
THIS FIRST AMENDMENT is made and entered into as of May 11, 2010 by and
between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and
NBS, 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 respect to the following facts and purposes:
a. On May 12, 2009 the City and Consultant entered into that certain
Agreement entitled "Agreement for Consultant Services Between the City of Temecula and
NBS For Special Tax Administration Services ", in the amount of $59,857.21.
b. The parties now desire to extend the term of the agreement by one
year and authorize an additional year of expenditures in the amount of $55,219.23 and amend
the Agreement as set forth in this Amendment.
follows:
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
"This Agreement shall remain and continue in effect until tasks herein
are completed, but in no event later than May 12th, 2011 unless sooner
terminated pursuant to the provisions of this Agreement."
3. 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 Fifty Five Thousand Two Hundred Nineteen Dollars
and Twenty Three Cents ($55,219.23) for additional Tax
Administration Services for a total Agreement amount of One
Hundred Fifteen Thousand Seventy Six Dollars and Forty Four
Cents ($115,076.44)."
4. 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.
5. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
R:\Agreements \Finance Dept Agreements\AGREEMENTS - 2009 -10 \NBS Amendment FY10 -11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA NBS
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Jeff Comerchero, Mayor Michael Rentner, President & CEO
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
By:
Michael Rentner, Secretary
CONSULTANT
NBS
32605 Temecula Pkwy, Suite # 100
Temecula, CA 92592
(951) 2964997
(951) 296 -1998
F FSM Initials:
Date: (5
R %greementsTinance Dept Agreements\AGREEMENTS - 2009 -10WBS Amendment FY10 -11
ATTACHMENT A
The Consultant shall be paid based on the fee schedule provided by the Consultant attached
hereto and set forth in full, but in no event shall the total sum for fiscal year 2010/11 exceed
$55,219.23 for the total term of the Agreement as shown below.
Special Tax Administration Contract Fee Schedule
CD = Continuing Disclosure (Includes Dissemination Costs)
R:\Agreements \Finance Dept Agreements\AGREEMENTS - 2009 -10\NBS Amendment M 0 -11
Item No. 6
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Rich Johnston, Building Official
DATE: May 11, 2010
SUBJECT: Agreement for Weed Abatement Services with Inland Empire Property Services,
Inc.
PREPARED BY: Theresa Harris, Development Processing Coordinator
RECOMMENDATION: That the City Council approve an Annual Agreement with Inland
Empire Property Services Inc., to provide Weed Abatement Services for fiscal year 2009 -10 in the
amount of $40,000.00.
BACKGROUND: The City of Temecula is responsible for the forced abatement in
association with hazard vegetation. The City contracts with an approved weed abatement company
to ensure the removal of hazardous vegetation for parcel owners that are not in compliance. The
parcel owners are billed to recover the service costs plus an administrative fee. The city places a
lien on the properties that do not remit payment for the billing notice as required to facilitate cost
recovery for the services.
A Request for Proposal (RFP) was sent out on March 22, 2010 to nine (9) firms. The City received
two proposals in response. After a review of the proposals, staff determined Inland Empire Property
Services, Inc. to be the more responsive and responsible firm to perform the weed abatement
services. Inland Empire Property Services, Inc. has provided the Citywith weed abatement services
for the past three years.
FISCAL IMPACT: Funds are budgeted in the FY 2009 -10 Code Enforcements line item
001 - 162 - 611 -5440, titled Weed Abatement.
ATTACHMENTS: Agreement for Fiscal Year 2009 -10
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
CITY OF TEMECULA AND INLAND EMPIRE PROPERTY SERVICES, INC.
WEED ABATEMENT SERVICES
THIS AGREEMENT is made and effective as of May 11, 2010, between the City of
Temecula, a municipal corporation (hereinafter referred to as "City "), and Inland Empire
Property Services, Inc., a Corporation, (hereinafter referred to as "Contractor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on May 11, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2010,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for three (3) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2013.
If Agreement is extended beyond the original term, the Agreement price shall be
adjusted at the beginning of each calendar year in accordance with the changes in the
Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim - Riverside Area
published monthly by the United States Bureau of Labor Statistics (CPI).
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed Forty
Thousand Dollars ($40,000) annually unless additional payment is approved as provided in
this Agreement.
b. Contractor 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 . Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Contractor at the time City's written authorization
is given to Contractor for the performance of said services.
C. Contractor 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 Contractor's fees,
it shall give written notice to Contractor 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,
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
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Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
7. 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 Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
8. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
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written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor 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 Contractor 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.
9. INDEMNIFICATION
The Contractor 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 Contractor'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.
10. INSURANCE REQUIREMENTS
Contractor 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 Contractor, 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 Contractor 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 Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor 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.
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2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their 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, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor 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. Contractor 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 Contractor's insurer may
0
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
g. By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
11. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
12. INDEPENDENT CONTRACTOR
a. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor 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.
Contractor 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 Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor 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 Contractor 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 Contractor to
comply with this section.
14. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
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15. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the City Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
16. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor 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.
17. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
18. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
20. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
21. WRITTEN NOTICE
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
I
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
P.O. Box 9033
Temecula. CA 92589 -9033
Use this Address for a Delivery Service: City of Temecula
or Hand - Deliveries ONLY Attn: City Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Inland Empire Property Services, Inc.
Attn: Chuck Maciel
P O Box 9908
Moreno Valley, CA 92552 -1908
22. ASSIGNMENT
The Contractor 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, Contractor'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 Contractor.
23. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
24. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this 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.
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25. 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.
26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA Inland Empire Property Services, Inc.
(Two signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Jeff Comerchero, Mayor Chuck Maciel, President
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
By:
Peter M. Thorson, City Attorney CONTRACTOR
Inland Empire Property Services, Inc.
Attn: Chuck Maciel
P O Box 9908
Moreno Valley, Ca 92552 -1908
951 - 924 -6905 Phone
951 - 924 -7773 Fax
gotweeds @msn.com
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FSM Initials:
Date:
EXHIBIT "A"
SCOPE OF WORK
UNDERSTANDING AND PROPOSED APPROACH
Inland Empire Property Services, Inc. proposes to meet with the City of Temecula Code Enforcers
prior to the weed abatement season so that we are all on a first name basis as we serve your City.
We will establish a rapport with the Code Enforcers by laying out a detailed plan on how we
operate effectively and what it requires from the Code Enforcer in order for Inland Empire Property
Services, Inc. to perform effectively. It is a basic formula that requires team efforts from the City as
well as the contractor. We meet with Code Enforcers to understand their objectives and
requirements and establish the guidelines as to what is weed abatement and nuisance abatement.
When Inland Empire Property Services, Inc. arrives to a jobs' location we first start by taking before
pictures of the parcel and then proceed to mow and cut the vegetation to a length of no higher than
four (4 ") inches from the solid surface per the City of Temecula's requirements, and weed eat any
area that the tractor can not access. Trim trees up to 8' from the ground, pick up any trash, junk
and debris, including tires, concrete and asphalt and disposes of such items at an approved landfill
or recycle center. Any areas where sidewalks or streets exist we will clear of weeds and any dirt
that may have been dumped on the sidewalk or street will be removed. Once the job has been
completed, after pictures are taken from the same locations as the before pictures to show
evidence as best as the environment allows to show the work performed.
After the work is completed the team leader returns to the office to drop off the work performed.
The office staff takes this information and begins the process of producing an invoice and
compiling photos of the work completed. Inland Empire Property Services, Inc. will deliver to the
City of Temecula an invoice attached to a CD containing color photos for each individual parcel
completed. The CD will clearly be labeled with the APN # or address of the work completed
making it easy for the Code Enforcer to review the work and file away as done. Anything less
would be a disservice to a City.
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EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
BILLING RATES AND SCHEDULE OF FEES
A) Weed Abatement
• Mowing
• Each Additional Acre
or fraction thereafter
$105.00 Up to 1 Acre
(does not include handwork)
$99.75 Per Acre
(does not include handwork)
• Parcels one quarter (0.25) Acre or less
$145
(includes handwork)
• Handwork — weed eating $45.00 Per Man Hour
(work that cannot be performed
with tractor along property edge
fence lines)
• Dust Control $125.00 Per Hour
4 Hour Minimum
Plus Water Charges
• Special Equipment $125.00 Per Hour
(Bobcat; for slopes or other
areas needing special
equipment for clearing)
Dozer Work $600 Per Hour
4 Hour Minimum
B) Clean up & Trash Removal
• Trash Removal $105.00 Per Cubic Yard
• Asphalt/Concrete Removal $125.00 Per Cubic Yard
• Dump Fees Actual Receipt (Copy)
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Billing Rates and Schedule of Fees Cont'd
C) Pool Pumping
• Pool /Spa Pumping $325.00
Includes pumping of 1 pool and /or 1 spa
D) Securing/ board up of vacant/abandoned /substandard structures
•
Minimum Charge
$150.00
•
Small Window Under 24x24
$75.00
•
Standard Window Under 48x48
$90.00
•
Large Window under 48x96
$100.00
•
Jumbo Window under 96x96
$125.00
•
Slider Window
$125.00
•
Pedestrian Door w/o hinges
$100.00
•
Pedestrian Door w/ hinges
$125.00
•
Garage Door
Time and Material @ $45.00
Per Man Hour
E) Demolition and removal of Structures
• Time and Materials
F) Installation of Temporary fencing
• Time and Materials
G) Emergency Abatement of wells, septic tank systems, or excavations
• Time and Materials
H) Photographing and otherwise documenting work performed under the
contract
• CD of Digital Color Photos Included
1) Travel Costs
Not applicable. Except after 4:30pm — Time and a half, plus
materials.
J) Administrative Overhead costs related to this contract Included
• Invoice attached to a CD with the property address or APN# clearly
marked.
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Billing Rates and Schedule of Fees Cont'd
K) Other Services Provided —Tree Trimming
Trimming of Tree 8' up from Ground
• Trimming of Tree above 8' from Ground
Charles Maciel
President, Inland Empire Property Services, Inc.
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$45 Per Hour Plus
$40.00 Per Cubic Yard
(plus actual dump cost)
$45 Per Hour Plus
$40.00 Per Cubic Yard
(plus actual dump cost,
plus Boom Lift rental cost)
Item No. 7
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: May 11, 2010
SUBJECT: Quitclaim deeds granting two drainage easements for the Temecula Creek
Channel to Riverside County Flood Control - Parcel Map No. 33545 (southeast
corner of Temecula Parkway and Butterfield Stage Road)
PREPARED BY: Mayra De LaTorre, Senior Engineer
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING OFFERS OF DEDICATION
MADE ON PARCEL MAP 33545 FOR FLOOD CONTROL
EASEMENTS
2. Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING TWO QUITCLAIM DEEDS
CONVEYING TO THE RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
(RCFC &WCD) TWO DRAINAGE EASEMENTS FOR THE
TEMECULA CREEK CHANNEL, STAGE 2 (PARCEL MAP
NO. 33545)
BACKGROUND: The Temecula Creek Channel, Stage 2 - Project No. 7- 0- 00055-
02, has been completed and Riverside County Flood Control & Water Conservation District is
prepared to accept the channel improvements for maintenance in accordance with the terms of
the Cooperative Agreement, recorded on August 11, 2006 by the District, the City of Temecula,
and Butterfield Ranch Self Storage, Inc. The required flood control facilities include construction
of approximately 700 lineal feet of concrete slope protection. Pursuant to the Cooperative
Agreement, the developer will construct said facilities and the County Flood Control District will
assume ownership and maintenance responsibility for the creek channel improvements after
satisfactory completion.
The recorded Parcel Map 33545 included two drainage easements located within Parcel 1 and
Parcel 2, respectively to accommodate the creek channel improvements. The easements are
more specifically described as "a Storm Drain Easement within Parcel 1 for Flood Control and
Maintenance Purposes" and "a 65' Wide Storm Drain Easement within Parcel 2 for Flood
Control and Maintenance Purposes ". At the time of map recordation the City did not accept the
offer of dedication of the storm drain easements. In order for the District to accept the storm
drain system for maintenance the City needs to accept the two offers of dedication of said
drainage easements and execute the attached two quitclaim deeds conveying the drainage
easements to the District.
With the approval of this resolution, the drainage easements as shown on Parcel 1 and Parcel 2
of Parcel Map 33545 will be formally accepted by the City. Upon City Council acceptance of the
drainage easements and execution of the quitclaim deeds, the quitclaim deeds will be forwarded
to Riverside County Flood Control & Water Conservation District and County of Riverside Board
of Supervisors for their approval and recordation.
Staff recommends the execution of the quitclaim deeds conveying the easements to the
Riverside County Flood Control and Water Conservation District.
FISCAL IMPACT: The City will be relieved of maintenance responsibility.
ATTACHMENTS:
Accepting Offers of Dedication Resolution No. 2010_
Approving Quit Claim Deeds Resolution No. 2010_
Quit Claim Deed labeled RCFC Parcel No. 7055 -502 and Plat labeled Exhibit "A'
(Original conveyed to Clerk by separate memo)
Quit Claim Deed labeled RCFC Parcel No. 7055 -503 and Plat labeled Exhibit "A'
(Original conveyed to Clerk by separate memo)
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING AN OFFER OF DEDICATION
MADE ON PARCEL MAP 33545 FOR FLOOD CONTROL
EASEMENTS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does find, determine, and
declare that:
A. Parcel Map 33545 was recorded on February 27, 2006 in Parcel
Map Book 216, Pages 18 through 20, inclusive, records of the Recorder's Office,
Riverside County, State of California;
B. Two flood control easements were offered for dedication to the City
on Parcel Map 33545 consisting of the following (the "Easements "):
1. Easement for flood control and maintenance purposes within
Parcel 1, as shown and dedicated on Parcel Map No. 33545, recorded in
Parcel Map Book 216, Pages 18 through 20, inclusive, records of the
Recorder's Office, Riverside County, State of California, as shown as
"Exhibit A," attached hereto, for reference purposes only.
2. The 65 -foot wide easement for flood control purposes within
Parcel 2, as shown and dedicated on Parcel Map No. 33545, recorded in
Parcel Map Book 216, Pages 18 through 20, inclusive, records of the
Recorder's Office, Riverside County, State of California, as shown as
"Exhibit A," attached hereto, for reference purposes only.
C. The City now desires to accept the Easements.
Section 2. The City of Temecula hereby accepts the Easements.
Section 3. The City Clerk is hereby authorized and directed to record this
Resolution or such documents as are necessary to confirm the acceptance of the
Easements. The Director of Public Works is hereby authorized and directed to approve,
accept, and execute on behalf of the City such documents and instruments as
necessary to effectuate the acceptance of the Easements.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of May, 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. - was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 11th day of May, 2010, by the
following vote:
F- Ayd:.Ko1l1► [MIN diIAdil:l:4:63
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING TWO QUITCLAIM DEEDS
CONVEYING TO THE RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
(RCFC &WCD) TWO DRAINAGE EASEMENTS FOR THE
TEMECULA CREEK CHANNEL, STAGE 2 (PARCEL MAP
NO. 33545)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine,
and declare that:
A. The Temecula Creek Channel, Stage 2 concrete slope protection
improvements (Project No. 7 -0- 00055 -02) were constructed along the
northerly bank of the Temecula Creek to act as flood control protection for
the proposed commercial development of Parcel Map 33545;
B. Two Offers of Dedication for drainage easements were made by the
owners of Parcel Map 33545 to the City of Temecula on behalf of
Riverside County Flood Control and Water Conservation District
(DISTRICT) to accommodate the construction and maintenance of said
channel improvements but were not accepted by the City at the time of
map recordation;
C. By Resolution No. 10- adopted on May 11, 2010, the City Council
accepted the Offers of Dedication for drainage easements described in the
attached Quit Claim Deeds that were made by the owners of within
Parcels 1 and 2 of Parcel Map 33545 to the City of Temecula;
D. The DISTRICT is prepared to accept the Temecula Creek Channel, Stage
2 improvements for maintenance in accordance with the terms of the
Cooperative Agreement, executed on August 11, 2006, by the DISTRICT,
the City of Temecula, and Butterfield Ranch Self Storage, Inc. including
said drainage easements within Parcels 1 and 2 of Parcel Map 33545;
D. Accepting said Offers of Dedication for the two drainage easements within
Parcels 1 and 2 of Parcel Map 33545 and conveying the drainage
easements to the DISTRICT is necessary to comply with the terms of the
Cooperative Agreement recorded on August 11, 2009 by the District, City
and Butterfield Ranch Self Storage, Inc. and serves the public interests.
Section 2. The City Council of the City of Temecula hereby approves the Quit
Claim deeds attached hereto as Exhibits 1 and 2. The City Council further directs and
authorizes the Mayor to executed said Quit Claim deeds on behalf of the City.
Section 3. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of May, 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 11th day of May, 2010, by the
following vote:
F-A y d :. K o 1 l 1► [MIN i I A i 1: 7 4: 6 3
1► to] x.Ko1l1► [MIN d /IAd /l1J4:&1
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
Recorded at request of, and return to:
Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
Temecula Creek Channel, Stage 2
Project No.: 7 -0- 00055 -02
Parcel Map 33545
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ NONE
QUITCLAIM DEED
RCFC Parcel No. 7055 -502
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF
TEMECULA, a municipal corporation, does hereby remise, release, and forever quitclaim to RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in
and to the easement situated in the County of Riverside, State of California, described as follows:
The easement for flood control and maintenance purposes within Parcel 1 as shown and dedicated on
Parcel Map No. 33545, recorded in Parcel Map Book 216, Pages 18 through 20 inclusive, records of the
Recorder's Office, Riverside County, State of California, as shown as Exhibit "A ", for reference purposes
only.
Date
ATTESTS:
Susan W. Jones, MMC,
Clerk to the City of Temecula
City Clerk
CITY OF TEMECULA, a municipal corporation:
:
JEFF COMERCHERO, Mayor
(seal)
EXHIBIT "A"
PARCEL MAP 33545
PM 216/18-20
PARCEL
PARCEL 5
PARCEL 4
PARCEL 6
PARCEL 7
TNT
NOT TO SCALE
PARCEL 2
PARCEL 1
'OPEN SPACE PARCEL'
7055-503
EASEMENT FOR FLOOD CONTROL PURPOSES
TO THE PUBLIC DEDICATED HEREON
65' WIDE EASEMENT FOR FLOOD CONTROL
PURPOSES TO THE PUBLIC DEDICATED
HEREON
SHEET 1 OF 2
7
0
70
r7O55-502
TNT
NOT TO SCALE
PARCEL 2
PARCEL 1
'OPEN SPACE PARCEL'
7055-503
EASEMENT FOR FLOOD CONTROL PURPOSES
TO THE PUBLIC DEDICATED HEREON
65' WIDE EASEMENT FOR FLOOD CONTROL
PURPOSES TO THE PUBLIC DEDICATED
HEREON
SHEET 1 OF 2
PARCEL MAP 33545
PM 216/18 -20
PARCEL1
PARCEL 7
1 \ ya
TOE � s
\ 3s
N7 y5
��f)
\ D\yO
N
NOT TO SCALE
SHEET 2 OF 2
PARCEL 4
NJ 6.16' 46
9g 6--,
P
L20 v
p -325.00'
L=9.52'
rellizi 9: =
PARCEL 2
N8t'39'�3 E
7055 -502
EXHIBIT "A"
R =235 N55- 36'29
D =50'20'34" 110.12'
L= 206.48'
� s
4'
N / i
PARCEL 1
z
rn
15 EASEMENT FOR FLOOD CONTROL PURPOSES
TO THE PUBLIC DEDICATED HEREON
NO.
RADIUS
DELTA
ARC
C2
35.00'
45 036'18"
27.86'
C3
50.00'
86 °07'08"
75.07'
C4
35.00'
53 056'12"
32.95'
LINE DATA
NO.
BEARING
DIST.
L2
N68045'1 8"E
79.46'
L3
N65 052'03 "E
63.89'
L4
N59 012'07 "E
55.01'
L20
N28 021'28 "E
12.98'
RCFC Parcel No. 7055 -502
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the quitclaim deed, dated
from the CITY OF TEMECULA to RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the
undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of
said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its
duly authorized officer.
Date By:
WARREN D. WILLIAMS
General Manager -Chief Engineer
Recorded at request of, and return to:
Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
Temecula Creek Channel, Stage 2
Project No.: 7 -0- 00055 -02
Parcel Map 33545
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ NONE
QUITCLAIM DEED
RCFC Parcel No. 7055 -503
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF
TEMECULA, a municipal corporation, does hereby remise, release, and forever quitclaim to RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in
and to the easement situated in the County of Riverside, State of California, described as follows:
The 65 -foot wide easement for flood control purposes within Parcel 2 as shown and dedicated on Parcel
Map No. 33545, recorded in Parcel Map Book 216, Pages 18 through 20 inclusive, records of the
Recorder's Office, Riverside County, State of California, as shown as Exhibit "A ", for reference purposes
only.
Date
ATTESTS:
Susan W. Jones, MMC,
Clerk to the City of Temecula
City Clerk
CITY OF TEMECULA, a municipal corporation:
C
JEFF COMERCHERO, Mayor
(seal)
EXHIBIT "A39
PARCEL MAP 33545
PM 216/18-20
PARCEL 5
PARCEL 6
\A PARCEL 7
70
I,
-po\
70
r7O55-502
to
NOT TO SCALE
PARCEL 4
7055 -503
055-503
ol
0
,-�- lY-, " ""\ 1�\
PARCEL 2
EASEMENT FOR FLOOD CONTROL PURPOSES
TO THE PUBLIC DEDICATED HEREON
65' WIDE EASEMENT FOR FLOOD CONTROL
PURPOSES TO THE PUBLIC DEDICATED
HEREON
SHEET 1 OF 2
bpVm
pyp
UO�f Tx
PARCEL 1
'OPEN SPACE PARGEC
EASEMENT FOR FLOOD CONTROL PURPOSES
TO THE PUBLIC DEDICATED HEREON
65' WIDE EASEMENT FOR FLOOD CONTROL
PURPOSES TO THE PUBLIC DEDICATED
HEREON
SHEET 1 OF 2
EXHIBIT "A"
ROVE �9 SOj r
21.95'
3p2,49 ,.j9 4a
PARCEL 3 `\
PARCEL 4
PARCEL 2
N
NOT TO SCALE
PARCEL MAP 33545
PM 216/18 -20
PARCEL 2
18 65' WIDE EASEMENT FOR FLOOD CONTROL
PURPOSES TO THE PUBLIC DEDICATED
HEREON
b�
N55'36'29�
110.12' -s
PARCEL 1
7055 -503
z
l
L
J
SHEET 2 OF 2
RCFC Parcel No. 7055 -503
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the quitclaim deed, dated
from the CITY OF TEMECULA to RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the
undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of
said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its
duly authorized officer.
Date By:
WARREN D. WILLIAMS
General Manager -Chief Engineer
Item No. 8
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: May 11, 2010
SUBJECT: Third Amendment to the Professional Services Agreement with RBF Consulting
for Additional Engineering and Landscape Architecture Design Services
Associated with the Winchester Road /Highway 79 North Corridor Beautification -
Project No. PW06 -15
PREPARED BY: Amer Attar, Principal Engineer
Chris White, Assistant Engineer
RECOMMENDATION: That the City Council approve the Third Amendment to the
Professional Services Agreement with RBF Consulting in an amount not to exceed $8,500.00 to
provide additional engineering and landscape architecture design services for Winchester
Road /Highway 79 North Corridor Beautification, Project No. PW06 -15.
BACKGROUND: On March 6, 2007, the City Council approved a $176,916 agreement
with RBF Consulting for professional engineering and landscape architecture design services for
Winchester Road /Highway 79 North Corridor Beautification, Project No. PW06 -15, and authorized
the City Manager to approve Extra Work Authorizations (EWA's) not to exceed the 10% contingency
amount of $17,991.60. During the design process four EWA's, which depleted the contingency
funding, were approved by the City Manager to address additional design services and fees that
came to light. On February 23, 2010, the City Council approved the $4200 Second Amendment
which amended the scope of work and fee as needed to address plan -check comments.
Construction on the Winchester Road/ Highway 79 North Corridor Beautification Project is well
underway. The project plans show that the recycled water line is to be installed in the parkway
behind the sidewalk. During the approval process, Rancho California Water District (RCWD)
notified the City that due to the proximity of the reclaimed water line to the potable waterline the
Health Department mandates costly periodic tests that require shutting off water services of adjacent
businesses for an entire day make certain no mistaken cross - connections occurred. To avoid this
requirement, RCWD recommended that the recycled water line be placed in the middle of
Winchester Road, under the medians. The Third Amendment, which is being considered this
evening, will compensate the designer for the necessary redesign of the recycled water line to align
it in the middle of Winchester Road; the estimated cost is $8,500.00.
FISCAL IMPACT: The Winchester Road /Highway 79 North Corridor Beautification
Project is a Capital Improvement Program project funded with Capital Project Reserves, CFD
(Roripaugh Ranch), Development Impact Fees, and a federal Transportation Enhancement Activity
(TEA) grant. The total design cost, including the $8,500 third amendment, the original agreement,
the two previously approved amendments, and the 10% contingency, comes to $210,607.60.
Sufficient funds are available in the project accounts.
ATTACHMENTS:
1. Third Amendment to the Professional Services Agreement with RBF Consulting
2. Project Location
3. Project Description
THIRD AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND RBF CONSULTING
WINCHESTER ROAD /HIGHWAY 79 NORTH CORRIDOR BEAUTIFICATION PROJECT
PROJECT NO. PW06 -15
THIS THIRD AMENDMENT is made and entered into as of May 11, 2010 by and
between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and
RBF CONSULTING 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 March 5, 2007, the City and Consultant entered into that certain
Agreement entitled "Agreement for Engineering and Landscape Architectural Design
Services ", in the amount of $179,916.00.
b. The Agreement was amended on August 29, 2008, extending the term of
the Agreement to July 1, 2010. The Agreement as amended shall be referred to as the
"Agreement."
C. The Agreement was amended on February 23, 2010 in the amount of
$4,200.00. The Agreement as amended shall be referred to as the "Agreement."
d. The parties now desire to increase the not to exceed amount and amend
the Agreement as set forth in this Amendment.
2. Section 5 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 Third Amendment amount
shall not exceed Eight Thousand Five Hundred Dollars and No Cents
($8,500) for additional revisions to plans for a total Agreement amount of
One Hundred Ninety Two Thousand Six Hundred Sixteen Dollars
and No Cents ($ 192,616.00)."
3. Exhibit "A" 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA RBF Consulting
(Two signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Jeff Comerchero, Mayor Michael A. Tylman, P.E, Senior Vice
President
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
By:
Ernest Wade, Vice President
Peter M. Thorson, City Attorney CONSULTANT
RBF Consulting
Attn: Michael A. Tylman
40810 County Center Drive, #100, Temecula, Ca.
92590
951 - 676 -8042
951 - 676 -7240
Mtylman @rbf.com
FSM Initials:
Date:
P
ATTACHMENT A
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
PROJECT LOCATION
Project Title: WINCHESTER ROADMIGHWAY 79 NORTH CORRIDOR BEAUTIFICATION
Promenade
Mall
84
elm
PROJECT DESCRIPTION
Project Title:
Project Type:
Description:
Department:
Scope of Project:
Benefit:
Project Cost:
Administration
Construction
Construction Engineering
Design
Totals
Source of Funds:
Capital Project Reserves
CFD (Roripaugh Ranch)
DIF (street Improvements)
TEA
Total Funding:
WINCHESTER ROADMIGHWAY 79 NORTH CORRIDOR BEAUTIFICATION
Circulation
PRIORITY: 1
Improve existing raised concrete median along Winchester Road with landscaping, hardscape, irrigation, and architectural
embellishments. In addition, left turn pockets will be extended. The scope of the project will be reduced to compete with the
approved funding.
Public Works — Account No. 210.165.638
Winchester Road/Highway 79 North from Interstate -15 at Ynez Road to City limits south of Willows Avenue.
Project will enhance the corridor.
Actuals
to Date 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14
$ 147,431 $ 228,404
$ 2,728,800
$ 90,000
$ 201,973 $ 8,242
$ 349,404 $ 3,055,446 $ $ $ $
$ 39,800
$ 1,186,914
$ 309,604 $ 735,532
$ 1,133,000
$ 349,404 $ 3,055,446 $
Future O & M Cost: $
900 Annually
85
Total Project
Cost
$
375,835
$
2,728,800
$
90,000
$
210,215
$ 3,404,850
$
39,800
$
1,186,914
$
1,045,136
$
1,133,000
$
3,404,850
Item No. 9
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: May 11, 2010
SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for the Citywide Slurry Seal Project FY 2009 -10, Temeku Hills
and a portion of Chardonnay Hills, Project No. PW10 -01
PREPARED BY: Amer Attar, Principal Engineer- CIP
Chris White, Assistant Engineer- CIP
RECOMMENDATION: That the City Council approve the plans and specifications and
authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal
Project FY 2009 -10, Temeku Hills and a portion of Chardonnay Hills, Project No. PW10 -01.
BACKGROUND: The Citywide Slurry Seal Project FY2009 -2010, is an annual
project that will utilize either Rubberized Emulsion Aggregate Slurry (REAS), Tire Rubber
Modified Slurry Seal (TRMSS) or Rubber Polymer Modified Slurry (RPMS) to seal the project
roadways against water intrusion and deterioration of asphalt concrete pavement wearing
surface. Ideally slurry seal is applied every five to seven years as it prolongs pavement life
thereby delaying more costly rehabilitation measures such as asphalt concrete overlays or
removal and reconstruction. Slurry sealing involves cleaning and crack sealing the existing
roadway surface, applying the Slurry and restoration of pavement delineation.
Staff has defined the street locations based on Pavement Management System (PMS) study
recently completed, current pavement conditions, time elapsed since the last preventative
maintenance measure and geographical proximity. The streets to be sealed this year are
Temeku Hills and a portion of Chardonnay Hills.
Project specifications are complete and the project is ready to be advertised for construction
bids. The contract documents are available for review in the Director of Public Works' office.
The Engineer's Construction Estimate for the project is $469,523.00.
FISCAL IMPACT: Adequate funds are in the Public Works Department Maintenance
Division FY 2009 -2010 Budget for Routine Street Maintenance, Account No. 001 - 164 - 601 -5402.
ATTACHMENTS:
1. Slurry Seal Streets List
2. Location Maps
SLURRY SEAL STREET AREAS FY 2009 -2010 (MARCH 23,2010)
AREA STREET LENGTH PAVING AREA MILES GENERAL PLAN WIDTH CLASSIFICATION
BERKSHIRE LN
255.70
10,228.40
0.04
40 LOCAL
COG HILL DR
249.84
9,993.60
0.04
40 LOCAL
CONGRESSIONAL DR
2,210.16
88,407.60
0.38
40 LOCAL
CROOKED STICK DR
710.73
28,429.20
0.13
40 LOCAL
ESSEX CT
303.79
12,152.00
0.05
40 LOCAL
FIRESTONE ST
852.73
34,109.60
0.15
40 LOCAL
GLENEAGLES DR
1,087.88
43,516.00
0.19
40 LOCAL
MEADOW BROOK WY
269.37
10,775.20
0.05
40 LOCAL
OAK HILL DR
870.11
34,804.40
0.16
40 LOCAL
OTTER CREEK CIR
188.12
7,524.80
0.03
40 LOCAL
PINE TREE CIR
1,206.98
48,280.00
0.21
40 LOCAL
ROYAL DORNOCH CT
299.81
11,992.40
0.05
40 LOCAL
SEA ISLAND CT
251.29
10,051.60
0.04
40 LOCAL
SEMINOLE ST
913.00
36,520.80
0.16
40 LOCAL
SPYGLASS HILL LN
538.04
21,521.60
0.10
40 LOCAL
SUNNINGDALE DR
1,770.67
70,827.60
0.33
40 LOCAL
TEMEKU DR
4,822.81
192,913.60
0.87
40 LOCAL
WINGED FOOT ST
358.31
14,332.40
0.06
40 LOCAL
CANTERBURY CT
718.20
28,728.00
0.12
40 LOCAL
FLAG WY
179.51
7,180.80
0.03
40 LOCAL
INVERNESS CT
638.79
25,552.00
0.11
40 LOCAL
LAUREL VALLEY CIR
361.40
14,456.00
0.06
40 LOCAL
AREA A TOTAL 19,057.24 762,297.60 3.36
BUNKERS WY
638.95
25,558.00
0.12
40 LOCAL
CASCADES CT
544.09
21,764.40
0.10
40 LOCAL
COLONIAL CT
548.20
21,928.80
0.10
40 LOCAL
DELMONTE ST
1,435.92
57,437.60
0.25
40 LOCAL
DUNES CT
467.20
18,688.00
0.08
40 LOCAL
PACIFIC GROVE WY
1,095.12
43,805.60
0.20
40 LOCAL
PAR WAY
142.03
5,681.60
0.02
40 LOCAL
PIN WAY
117.02
4,680.80
0.02
40 LOCAL
PINE NEEDLE ST
497.85
19,914.00
0.09
40 LOCAL
ROYAL BIRKDALE DR
1,911.80
76,473.20
0.35
40 LOCAL
SANDHILL LN
1,847.42
73,897.60
0.33
40 LOCAL
SOMERSET HILLS
321.83
12,873.60
0.05
40 LOCAL
AREA B TOTAL 9,567.43 382,703.20 1.71
AREAS A, B TOTAL 28,624.67 1,145,000.80 5.07
SLURRY SEAL 2009/2010 CHARDONNAY HILLS (APRIL 5, 2010)
GENERAL PLAN
STREET
LENGTH
PAVING AREA
MILES WIDTH
CLASSIFICATION
CERCLE BEAUREGARD
889.73
35,589.20
0.16
40 LOCAL
CERCLE CHAMBERTIN
752.59
30,103.60
0.13
40 LOCAL
CERCLE LATOUR
654.03
26,161.20
0.12
40 LOCAL
CHEMIN CLINET
521.44
20,857.60
0.09
40 LOCAL
CHEMIN COUTET
948.69
37,947.60
0.17
40 LOCAL
CHEMIN LATACHE
312.07
12,482.80
0.05
40 LOCAL
CHEMIN LAURENT
495.75
19,830.00
0.09
40 LOCAL
CHEMIN MARGAUX
230.42
9,216.80
0.04
40 LOCAL
COUR BEAUNE
556.36
22,254.40
0.10
40 LOCAL
COUR MAGDELAINE
190.41
7,616.40
0.03
40 LOCAL
COUR MEYNEY
524.07
20,962.80
0.09
40 LOCAL
COUR POMEROL
443.35
17,734.00
0.08
40 LOCAL
PLACER BELAIR
1,240.51
49,620.40
0.22
40 LOCAL
PLACER CONDRIEU
263.70
10,548.00
0.04
40 LOCAL
PLACER LAFITE
1,120.61
44,824.40
0.20
40 LOCAL
PROMENADE CHARDONNAY
HILLS
4,533.89
199,491.16
0.79
44 COLLECTOR
RUE JADOT
1,883.91
75.356.40
0.33
40 LOCAL
TOTAL
15,561.53
640,596.76
2.73
Citywide Slurry Seal Project FY 2009 -2010
Project No. PW10 -01
CT
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Item No. 10
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Aaron Adams, Assistant City Manager
DATE: May 11, 2010
SUBJECT: Temecula Valley Reality Race, a Fundraiser Event for Michelle's Place (at
Council Member Washington's Request)
PREPARED BY: Gloria Wolnick, Economic Development Specialist II
RECOMMENDATION: That the City Council
1. Approve in concept the Temecula Valley Reality Race, a fundraiser event for
Michelle's Place, at Council Member Washington's request;.
2. Authorize the City to co- sponsor the event and authorize staff to work out the details
with the promoter;
3. Approve the use of the Temecula Community Theater to launch the event.
BACKGROUND: Council Member Washington and staff met with Gillian Larson, a local
resident, who participated on the show "Survivor' and Kim Goodnough, the Director of Michelle's
Place to discuss a proposed fundraising event to benefit Michelle's Place Women's Breast Cancer
Resource Center. Michelle's Place is a local non- profit organization serving the Temecula Valley,
which provides emotional and educational support for those touched with breast cancer and
facilitates breast health care services.
Ms. Larson, a "reality tv show" celebrity, has connections to over 300 stars from many reality
shows. Her idea is to hold a one -day event which will be similar to the reality show "The Amazing
Race" (a regional scavenger hunt). The Temecula Valley Reality Rally is proposed for Spring 2011
and this "Amazing Race" type contest will incorporate and highlight many of the popular annual
events held in the Temecula Valley.
The event organizer is not seeking financial assistance from the City but rather City support in the
form of calling The Temecula Valley Reality Rally a "co- sponsored" event for marketing purposes.
Marketing must begin 9 months out as the event would involve 4- person teams of indivuduals who
may elect to pay to play. Celebrity reality tv show contestants will be invited to participate on teams
and stay in Temecula during the duration of the weekend.
The proposal also requests for the event to originate from the Old Town Community Theater
property. If the facility is needed for the event, staff recommends the event organizer to pay the
applicable rental fees. The game may take contestants throughout Temecula as well as through
Temecula Valley Wine Country.
Per Council's direction, staff will work out the event details with the promoter and take to City
Council for formal approval.
FISCAL IMPACT: No fiscal impact.
ATTACHMENTS: Temecula Valley Reality Rally Draft Proposal
Page 1
Temecula Valley Reality Rally
Fun for Funds
Proposal for an amazing event to include all that our awesome town has to offer.
A Reality Fundraiser for Michelle's Place, the Cancer Resource Center planned for April 15th -17th, 2011.
I was a contestant on Survivor in 2008 and have spent my past year doing charity appearances and
motivational talks. I have intentionally connected with over 300 "Reality Stars" from many different shows
with the Temecula event in mind. The fundraisers I have attended have all raised thousands of dollars for their
charity by bringing in Reality Stars for fun and meet and greets. After all who doesn't want to meet a TV Star
they have all watched. There is no other event like my idea being done and none in Southern California. I want
Temecula to be the first and make it a yearly event that will draw thousands to attend, to play and pay. My
intention is to add it to Temecula's yearly events.
My brother of 56 died of cancer last year and I want to do something in his honor. Both he and
Michelle had an amazing spirit and both died of cancer so this in their honor and Michelle's Place cause.
I absolutely love our town. I would like to add my proposed event to the many other incredible events
that take place in Temecula. The main purpose is to make this "our event" including as many merchants and
local events as possible which will provide them with publicity as well as making this a fun "Amazing Race"
type event using all of them. My intention is to have all merchant and event participants help make their
"challenges and road blocks "specifically to highlight who they are.
All Race participants will race in teams of 3 all around Temecula finding clues, choosing challenges and
road blocks and end up running up the steps of City Hall to the final pit stop to win the race and win a prize.
The teams can consist of 3 friends or 2 friends and a Reality Star.
The 3 day event will consist of:
Friday Evening
A wine and cheese reception for a silent auction to bid on one of the Stars you want to race with.
Mingle with the Stars who have already arrived and are excited about the race. Wine and Cheese provided by
a vendor. Music provided by local bands.
Saturday Morning
A meet and greet open to the public, all Racers and the Stars. Charge at the door to meet, get autographs
and photos with the Stars. Light brunch available with entrance ticket. Photographers, videographers and
music.
The Race starts in Old Town with the first set of clues in the game. The race will take approximately 4
hours. All Racers will be driven so there would not be a "race hazard." We all know how the Race can be won
or lost by getting the right "taxi." K -Frog in Old Town will advertise the event and add to the fun.
Page 2
Saturday Evening
A Reality Star cocktail party for the first hour will be exclusively for the Race winners and an awards
presentation will follow. There will be hors d'oevers and cash bar party for all Racers, Stars, organizers and
volunteers. A silent auction will be held which will provide additional funding to cover cost of the event.
Items will be donated by merchants and Reality Stars. The evening will include music, MC for the event,
photographers and a videographer for the entire evening.
Sunday Morning
"Breakfast with the Stars" for the winners of the Reality Raffle held throughout the event. Raffle
winners (4 winners and their families) will be announced at the awards evening.
Income generating ideas:
Corporate and business sponsorships
Get donations to offset cost of event through cash, in -kind or donated product or service.
Sponsorship for advertising in all "Weekend with the Stars "program
My goal is to have as many participants to donate their services or product for the exposure and advertising.
All monies raised will cover the costs of the event and all remaining money will be donated to Michelle's Place.
The inclusion of venues /events offered in Temecula, the restaurant exposure and publicity plus all the visitors
that the event will bring, everyone will be a winner... not only the Race winner.
Racing fees. This will be ?? $150pp for all the weekend events.
Silent auction to raise money to race with a "Star."
Participant merchants pay to have their establishment included.
Sale of event tee shirts.
Sale of event buffs.
Sale of advertising space in "Weekend with the Stars" program.
Saturday morning meet and greet ticket sales.
Raffle for "Breakfast with the Stars."
Silent Auction at Awards evening.
Ticket sales for awards evening meet and greet for non participants of Rally.
Ticket for non Racers - $60.00 pp
Ticket price for organizers and volunteers- $40
Sale of "Photos with a Star."
Sale of a "Weekend with the Stars" video.
Page 3
Expenses
Travel costs for the "Stars"
Flight or gas.
Hotel accommodations.
Comped for the Stars. Hotels could have a special rate for all others coming in for the event.
I have some fun ideas for "Survive the Weekend" hotel promotions.
Wine and Cheese "Silent Auction for a Star."
Meet and Greet Brunch.
Race prize for 1t place winners.
Awards evening - facility costs and horsdoevers.
Photographers and videographers
Bands
Gas for "Rally drivers"
Producing event tee shirts
Buying Buffs.
Printing "Weekend with the Stars" program
Printing event clues
Flyers to hand out and post
Posters for advertising all over town.
Tickets for Saturday meet and greet.
All other tickets will be "E" tickets.
Advertising
A Reality Star float in the 4th of July parade with some local "Stars"
Flyers
Posters in local businesses.
Webpage for the event, Temecula's website, event organizer's website.
Local TV
CBS 8 San Diego
Los Angeles TV station
K -Frog and other radio stations
Reality TV websites.
Newspapers
Advertise at other Temecula events throughout the year.
Flyers distributed at other Reality Star events that event organizer attends throughout the year.
Flyers at Storm baseball games
I will get the Reality Stars on board.
Stars that already do a lot of charity appearances and "big names "will get first preference for paid expenses.
Page 4
Invites to Play and Participate
General public
Police, EMT's, Fire Dept., fitness centers, City officials, wineries, local servicemen, Postural Solutions, car
dealers, South African Club, Moms Club, San Diego Rugby Club, homeowners communities, Storm team,
Padres team, and local small businesses. Also, hotels, Maters Swim Club, aqua exercise groups, boot camps,
area colleges and universities, Susan G. Komen volunteers, Temecula City employees, lifeguards, City
volunteers and Valley Biggest Loser contestants.
Challenges and Road Blocks To Include
Rod Run, Western Days, Temecula Theater, wine country, sidewalk painters, quilt makers, Letters from Home
Memorial, Japanese and Dutch sister cities , Fire Dept, Blue Grass Festival, hot air balloon companies, Balloon
& Wine Festival, Children's Museum, Luisinio Tribe / Pechanga, Temecula Valley Film Festival, local ethnic/
cultural merchants, restaurants, Old Town Temecula Market Assoc, and Stampede.
More to be added as thoughts and plans arise
"Do you have what it takes to beat a Reality Star at their own game ?"
" Race with the Rest and Beat the Best !!!"
Thank you.
I look forward to bringing another fun and profitable event to our awesome town.
Gillian Larson
781 - 962 -8234
www.gillianlarson.com
Item No. I I
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Herman D. Parker, Director of Community Services
DATE: May 11, 2010
SUBJECT: Transfer and Appropriation of Funds for the Margarita Road Right of Way
Enhancement Project
PREPARED BY: Cathy McCarthy, Community Services Superintendent
RECOMMENDATION: That the City Council approve the transfer of Capital Improvement
Program funds from the Temecula City Entry Monumentation project and appropriate $150,000 for
the design and installation of the Margarita Road Right of Way Enhancement project.
BACKGROUND: The City Council approved a project for City Entry Monumentation in
the Capital Improvement Program (CIP) for Fiscal Year 2009 -10. Due to a developer delay, the
monument project will be constructed at a later date. As a result, staff is requesting the funding for
the monument project be appropriated to the new Margarita Road Right of Way Enhancement
Project.
The Margarita Road Right of Way Enhancement Project will design and install irrigation and
landscape in the right -of -way to enhance Margarita Road from Ramsy Court to Avenida Cimadel
Sol. This area has no consistent landscaping and is in need of improvement. These funds will be
used for this new project, which will be including in the CIP for Fiscal Year 2010 -11.
FISCAL IMPACT: Transfer Capital Reserves in the Capital Improvement Program from
the Temecula City Entry Monumentation project and appropriate $150,000 for the Margarita Road
Right of Way Enhancement Project.
ATTACHMENTS: None
TEMECULA COMMUNITY
SERVICES DISTRICT
Item No. 12
ACTION MINUTES
of
APRIL 27, 2010
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
The Temecula Community Services District Meeting convened at 7:30 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 (4 -0 -1) — Director Comerchero
made the motion; it was seconded by Director Edwards and electronic vote
reflected approval with the exception of Director Roberts who abstained
RECOMMENDATION:
10.1 Approve the action minutes of April 13, 2010.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
1
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:32 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, May 11, 2010, at 5:30 PM., for a Closed Session, with regular session commencing at
7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
Chuck Washington, President
ATTEST:
Susan W. Jones, MMC
City Clerk /District Secretary
[SEAL]
Item No. 13
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 11, 2010
SUBJECT: Second Amendment with Computer Alert Systems, Inc.
PREPARED BY: Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors:
1. Approve the Second Amendment with Computer Alert Systems, Inc. for Alarm
Monitoring, Inspection, and Repair Services in the amount of $25,000.00 for Fiscal Year
2010 -2011.
BACKGROUND: The Temecula Community Services Department (TCSD) released
a Request for Proposal (RFP) for Alarm Monitoring, Inspection and Repair Services on March
20, 2008. TCSD received three (3) proposals, which were evaluated to determine the
qualifications and competitiveness of each Vendor to provide Alarm Monitoring, Inspection and
Repair Services. Central Security Services was the lowest bidder, but withdrew their proposal
because they could not meet all of the RFP requirements. Computer Alert Systems, Inc. was
determined to be the second lowest qualified bidder to provide the required services for Alarm
Monitoring, Inspection and Repair Services. A one (1) year Contract with the option of three (3)
one -year extensions was awarded to Computer Alert Systems, Inc., effective July 1, 2008 thru
June 30, 2009 in the amount of $37,700.00.
The First Amendment was approved on May 12, 2009 in order to extend the term of the
Agreement and increase the payment for additional services in the amount of $22,700.00.
The Second Amendment is now requested to authorize the second one (1) year extension as
permitted per original contract. The cost to provide alarm monitoring, inspection and repair
services for Fiscal Year 2010 -2011 is $20,640.00 and an estimated $4,360.00 is being
requested for repairs and additional supplemental services. This additional year of service will
increase the total contract amount to $85,400.00.
FISCAL IMPACT: The cost of the alarm monitoring, inspection and repair services
contract is $25,000.00. Sufficient funds have been included in the proposed Annual Operating
Budget for Fiscal Year 2010 — 2011 in the appropriate expenditure accounts.
CAProgram Files \Neevia.Com \Document Converter \temp \966573.docx
ATTACHMENTS: 1) Amendment No. 2
Cr rogram Files\Neevia. Com0ocument ConvertertempA966573. docx
SECOND AMENDMENT TO AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND COMPUTER ALERT SYSTEMS, INC
FOR FIRE AND SECURITY SYSTEMS MONITORING
THIS SECOND AMENDMENT is made and entered into as of May 11, 2010 by and
between the Temecula Community Services District, a community services district (hereinafter
referred to as "City "), and Computer Alert Systems, Inc, a Corporation, (hereinafter referred to
as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On July 1, 2008 the City and Contractor entered into that certain
Agreement entitled "Agreement for Alarm Monitoring, Inspection and Repair Services ", in the
amount of $37,700.00.
b. The first amendment was approved on May 12, 2009 in order to extend
the term of the Agreement and increase the payment for additional services in the amount of
$22,700.00
C. Following a competitive Request for Proposal process, the parties now
desire to extend the term and increase the payment of the Agreement in the amount of
$25,000.00 and amend the Agreement as set forth in this Amendment.
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
follows:
"This Agreement shall remain and continue in effect until tasks herein
are completed, but in no event later than June 30, 2011 unless sooner
terminated pursuant to the provisions of this Agreement."
3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby
amended to read as follows:
"The City agrees to pay Contractor monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit B, other than the payment rates and
schedule of payment, are null and void. The Second Amendment
amount shall not exceed Twenty Five Thousand Dollars and no Cents
($25,000.00) for additional alarm monitoring, inspection and repair
services for a total Agreement amount of Eighty Five Thousand Four
Hundred Dollars and no Cents ($85,400.00)."
4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to
read as follows:
"Any notices which either party may desire to give to the other party Under this
Agreement must be in writing and may be given by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to
Cr rogram Files\Neevia. Com0ocument ConvertertempA966574. docx
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 of United States Mail as
provided above.
Mailing Address:
Use this Address for a Delivery Service
Or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula. CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010.
Please ca11951- 694 -6444 to determine if the City has relocated. After the City has
relocated, please use the following address for a delivery service or hand -
deliveries ONLY:
City of Temecula
Attn: Temecula Community Services District
41000 Main Street
Temecula, CA 92590"
5. 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.
6. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
Cr rogram Files\Neevia. Com0ocument ConvertertempA966574. docx
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
Computer Alert Systems, Inc.
(Two signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Michael C. Lynch, President
Norma C. Duarte, Office Manager
CONSULTANT
Computer Alert System, Inc.
Michael C. Lynch
27570 Commerce Center Dr. Suite 119
(951) 676 -6880 Temecula CA. 92590
FSM Initials:
Date:
C�rogrzm FilesW eevia.COm0000ment Converter tempA966574.docx
ATTACHMENT "A"
EXHIBIT "B"
CITY OF TEMECULA
PAYMENT RATES AND SCHEDULE
PRICING SHEET
FACILITY LOCATION
Monthly Fee
Monthly Fee
Yearly Total Fee Per
Fire System
Security
Location
Monitoring &
System
Monitoring &
Inspection
Monitoring
Inspection
City Hall, 43200
Business Park Drive
$55.00
$40.00
$1,140.00
Maintenance Facility,
43210 Business Park Drive
$55.00
$40.00
$1,140.00
Community Recreation Center,
30875 Rancho Vista Road
$55.00
$40.00
$1,140.00
Temecula Community Center,
28816 Pujol Street
$55.00
$40.00
$1,140.00
Mary Phillips Senior Center,
418456 th Street
$55.00
$40.00
$1,140.00
Temecula Valley Museum,
28314 Mercedes Drive
$55.00
$40.00
$1,140.00
Temecula Children's Museum,
42801 Main Street
$55.00
$40.00
$1,140.00
Old Town Community Theater
42051 Main Street
$80.00
$40.00
$1,440.00
Temecula Public Library
30600 Pauba Rd.
$100.00
$40.00
$1,680.00
Patricia Birdsall Sports Park
31621 Deer Hollow Way
$80.00
$40.00
$1,440.00
Temecula Wedding Chapel,
28300 Mercedes Drive
$55.00
$40.00
$1,140.00
Cr rogram Files\Neevia. Com0ocument ConvertertempA966574. docx
ATTACHMENT "A"
EXHIBIT "B" CONTINUED
6 th Street Restroom /Parking Lot,
40%
HOURLY RATE PER REGULAR MAN HOUR -8am To
419526 th Street
N/A
$40.00
$480.00
Police Sub - station,
$95.00
Old Town Front Street
N/A
$40.00
$480.00
28410 Old Town Front Street, # 105
Field Operations Center
43230 Business Park Drive
$80.00
$40.00
$1,440.00
Roripaugh Ranch Fire Station
$80.00
$55.00
$1,620.00
* Civic Center
Main St.
$55.00
$40.00
$1,140.00
Civic Center Parking Garage
Mercedes St.
$55.00
N/A
$660.00
RRSP Skate Park
30875 Rancho Vista Rd.
N/A
$40.00
$480.00
Temecula Community Center —
S.A.F.E. Building
$55.00
N/A
$660.00
Pujol St.
$20,640.00
Total
*Supplemental Service
ALTERNATE BID ITEMS -For repair or extra work authorized by City
MARK -UP ADDED TO VENDOR'S WHOLESALE PRICE
OF PARTS & EQUIPMENT
40%
HOURLY RATE PER REGULAR MAN HOUR -8am To
5pm Monday through Friday
$75.00
HOURLY RATE PER OVERTIME MAN HOUR- After-
hours, Weekends, Holidays, etc.
$95.00
Contractor's Signature
Cr rogram Files\Neevia. Com0ocument ConvertertempA966574. docx
Item No. 14
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 11, 2010
SUBJECT: Third Amendment to the Citywide Tree Trimming Maintenance Services
Agreement with West Coast Arborists, Inc. for Fiscal Year 2010 - 2011
PREPARED BY: Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors:
1. Approve the Third Amendment with West Coast Arborists, Inc. in the amount of $50,000.00
for Citywide Tree Trimming Maintenance Services for Fiscal Year 2010 - 2011.
BACKGROUND: In March 26, 2007 the Public Works Department sent a Request for Proposal
(RFP) and specifications for the Citywide Tree Trimming Maintenance Services to twenty (20) tree
trimming contractors. On April 18, 2007, seven (7) proposals were received for tree trimming
maintenance services, which were evaluated to determine the qualifications and competitiveness of
each Vendor to provide tree trimming maintenance services. The Temecula Community Services
District utilized the Public Works Department RFP and entered into a (1) year Agreement with
option of three (3) one -year extensions with West Coast Arborists, Inc. effective July 10, 2007 thru
June 30, 2008, in the amount of $100,000.00 for Citywide Tree Trimming Maintenance Services.
The First Amendment was approved on May 27, 2008 in order to extend the term of the Agreement
and increase the payment for additional services in the amount of $50,000.00.
The Second Amendment was approved on June 9, 2009 in order to extend the term of the
Agreement and increase the payment for additional services in the amount of $50,000.00.
The Third and Final Amendment is now requested to authorize the final one (1) year extension as
permitted per original contract. The cost to provide tree trimming maintenance services for Fiscal
Year 2010 -2011 is $50,000.00.This additional year of service will increase the total contract amount
to $250,000.00.
FISCAL IMPACT: The cost of the tree trimming maintenance services contract is $50,000.00.
Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year2010-
2011 in the appropriate expenditure accounts.
ATTACHMENTS: 1) Amendment No. 3
Agenda Report West Coast 2010- 2011.doc
THIRD AMENDMENT TO AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND WEST COAST ARBORISTS, INC.
FOR CITYWIDE TREE MAINTENANCE SERVICES
THIS THIRD AMENDMENT is made and entered into as of May 11, 2010 by and
between the Temecula Community Services District, a community services district (hereinafter
referred to as "City "), and West Coast Arborists, Inc., a Corporation, (hereinafter referred to as
"Contractor "). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On July 10, 2007 the City and Contractor entered into that certain
Agreement entitled "Agreement for Citywide Tree Maintenance Services ", in the amount of
$100,000.00.
b. The first amendment was approved on May 27, 2008 in order to extend
the term of the Agreement and increase the payment for additional services in the amount of
$50,000.00
C. The second amendment was approved on June 9, 2009 in order to
extend the term of the Agreement and increase the payment for additional services in the
amount of $50,000.00
d. The parties now desire to extend the term and increase the payment of
the Agreement in the amount of $50,000.00 and amend the Agreement as set forth in this
Amendment.
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
follows:
"This Agreement shall remain and continue in effect until tasks herein
are completed, but in no event later than June 30, 2011 unless sooner
terminated pursuant to the provisions of this Agreement."
3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby
amended to read as follows:
"The City agrees to pay Contractor monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit B, other than the payment rates and
schedule of payment, are null and void. The Third Amendment amount
shall not exceed Fifty Thousand Dollars and no Cents ($50,000.00) for
additional Citywide Tree Maintenance Services for a total Agreement
amount of Two Hundred Fifty Thousand Dollars and no Cents
($250,000.00)."
4. Section 24 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to
read as follows:
Cr rogram Files\Neevia. Com0ocument ConvertertempA966580. doc
"Any notices which either party may desire to give to the other party Under this
Agreement must be in writing and may be given 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 of United States Mail as
provided above.
Mailing Address:
Use this Address for a Delivery Service
Or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula. CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010.
Please ca11951- 694 -6444 to determine if the City has relocated. After the City has
relocated, please use the following address for a delivery service or hand -
deliveries ONLY:
City of Temecula
Attn: Temecula Community Services District
41000 Main Street
Temecula, CA 92590"
5. 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.
6. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
Cr rogram Files\Neevia. Com0ocument ConvertertempA966580. doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
By:
West Coast Arborists, Inc.
(Two signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Patrick Mahoney, President
Richard Mahoney, Assistant Secretary
Peter M. Thorson, City Attorney CONTRACTOR
West Coast Arborists, Inc.
Contact Person: Patrick Mahoney
2200 E. Via Burton Street
Anaheim, CA 92806
Phone: (714) 991 -1900
Fax: (714) 956-3745
FSM Initials:
Date:
Cr rogram Files\Neevia. Com0ocument ConvertertempA966580. doc 3
ATTACHMENT "A"
EXHIBIT B
CITY OF TEMECULA
CITYWIDE TREE MAINTENANCE SERVICES
FOR FISCAL YEAR 2010 - 2011
Based on Approximately 7,500 Trees in Various Locations throughout the City of Temecula
SERVICE
UNIT PRICE
UNIT DESCRIPTION
STREET TREE TRIMMING - CLEARANCE TRIM
$ 20.50
EACH
STREET TREE AESTHETIC TRIMMING - FULL TRIM
$ 50.00
EACH
SLOPE TREE AESTHETIC TRIMMING - AERIAL UNIT
$ 67.50
EACH
SLOPE TREE AESTHETIC TRIMMING - CLIMBER
$ 80.00
EACH
PALM TREE TRIMMING
$ 25.00
EACH
COMPLETE TREE & STUMP REMOVAL
$ 18.00
DIAMETER INCH
STUMP REMOVAL
$ 6.00
DIAMETER INCH
ROOT PRUNING WITHOUT ROOT BARRIER
$ 50.00
EACH
ROOT PRUNING WITH ROOT BARRIER
$100.00
EACH
(10'x 18' DEEP ROOT OR EQUIVALENT)
TREE PLANTING:
15 GAL. W /ROOT BARRIER
$ 145.00
EACH
15 GAL. W/O ROOT BARRIER
$ 120.00
EACH
24 INCH BOX W /ROOT BARRIER
$ 225.00
EACH
24 INCH BOX W/O ROOT BARRIER
$ 200.00
EACH
TREE WATERING
$ 400.00
DAY
CREW RENTAL - 3 MEN, AERIAL UNIT, DUMP
$120.00
HOUR
TRUCK & CHIPPER
CREW RENTAL - 2 MEN, AERIAL UNIT, DUMP
$ 80.00
HOUR
TRUCK & CHIPPER
CREW RENTAL - 1 MEN
$ 40.00
HOUR
EMERGENCY WORK CALL OUT - 3 MEN
$240.00
HOUR
INCLUDING ALL NECESSARY EQUIPMENT,
DISPOSAL FEES, & ZERO MATERIAL MARK - UP
Contractor's Signature
Cr rogram Files\Neevia. Com0ocument ConvertertempA966580. doc
Item No. 15
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 11, 2010
SUBJECT: Third Amendment with Arch Chemicals, Inc. formerly Marine Biochemists for
Water Management/Maintenance Services for Fiscal Year 2010 - 2011
PREPARED BY: Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors:
1. Approve the Third Amendment with Arch Chemicals, Inc. formerly Marine Biochemist, in the
amount of $46,800.00 for Water Management/Maintenance Services at the Harveston Lake
Park and Temecula Duck Pond for Fiscal Year 2010 -2011.
BACKGROUND: The Temecula Community Services Department (TCSD) released a
Request for Proposal (RFP) for Water Management/Maintenance Services for Harveston Lake Park
and Temecula Duck Pond on March 20, 2008. TCSD received three (3) proposals, which were
evaluated to determine the qualifications and competitiveness of each Vendor to provide Water
Management/Maintenance Services. Arch Chemicals, Inc. formerly Marine Biochemist was
determined to have provided the most qualified proposal for the Water Management/Maintenance
Services. A one (1) year Contract with the option of three (3) one -year extensions was awarded to
Arch Chemicals, Inc. effective July 1, 2008 thru June 30, 2009 in the amount of $83,200.00.
The First Amendment was approved on October 9, 2008 in order to change the Company name.
Marine Biochemist was changed to Arch Chemicals, Inc.
The Second Amendment was approved on May 12, 2009 in order to extend the term of the
Agreement and increase the payment for additional services in the amount of $68,260.00.
The Third Amendment is now requested to authorize the third one (1) year extension as permitted
per original contract. The cost to provide water management/maintenance services for Fiscal Year
2010 — 2011 is $46,800.00. This additional year of service will increase the total contract amount to
$198,260.00.
FISCAL IMPACT: The cost of the water management /maintenance services contract is
$46,800.00. Sufficient funds have been included in the proposed Annual Operating Budgets for
Fiscal Year 2010 — 2011 in the appropriate expenditure accounts.
ATTACHMENTS: 1) Amendment No. 3
Arch Chemicals, Inc Third Amendment 2010- 2011.doc
THIRD AMENDMENT TO AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND ARCH CHEMICALS, INC.
FOR WATER MANAGEMENT /MAINTENANCE SERVICES
THIS THIRD AMENDMENT is made and entered into as of May 11, 2010 by and
between the Temecula Community Services District, a community services district (hereinafter
referred to as "City "), and Arch Chemicals, Inc., a Corporation, (hereinafter referred to as
"Contractor "). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On May 27, 2008 the City and Contractor entered into that certain
Agreement entitled "Agreement for Water Management/Maintenance Services ", in the amount
of $83,200.00.
b. The first amendment was approved on October 9, 2008 in order to
change the Company name, Marine Biochemist was changed to Arch Chemicals, Inc.
C. The second amendment was approved on May 12, 2009 in order to
extend the term of the Agreement and increase the payment for additional services in the
amount of $68,260.00.
d. The parties now desire to extend the term and increase the payment of
the Agreement in the amount of $46,800.00 and amend the Agreement as set forth in this
Amendment.
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
follows:
"This Agreement shall remain and continue in effect until tasks herein
are completed, but in no event later than June 30, 2011 unless sooner
terminated pursuant to the provisions of this Agreement."
3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby
amended to read as follows:
"The City agrees to pay Contractor monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit B, other than the payment rates and
schedule of payment, are null and void. The Third Amendment amount
shall not exceed Forty Six Thousand Eight Hundred Dollars and no
Cents ($46,800.00) for additional water management/maintenance
services for a total Agreement amount of One Hundred Ninety Eight
Thousand Two Hundred Sixty Dollars and no Cents ($198,260.00)."
4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to
read as follows:
Cr rogram Files\Neevia. Com0ocument ConvertertempA966576. docx
"Any notices which either party may desire to give to the other party Under this
Agreement must be in writing and may be given 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 of United States Mail as
provided above.
Mailing Address:
Use this Address for a Delivery Service
Or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula. CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010.
Please ca11951- 694 -6444 to determine if the City has relocated. After the City has
relocated, please use the following address for a delivery service or hand -
deliveries ONLY:
City of Temecula
Attn: Temecula Community Services District
41000 Main Street
Temecula. CA 92590"
5. 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.
6. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
Cr rogram Files\Neevia. Com0ocument ConvertertempA966576. docx
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES Arch Chemicals. Inc., formally Marine
DISTRICT Biochemists
(Two signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
By:
By:
Steven C. Giuliano VP & CEO
Louis S. Massimo, Executive VP & COO
CONTRACTOR
Arch Chemicals, Inc.
Contact Person: Bill Thomas
2940 B East La Jolla St
Anaheim, CA 92806
Phone: (714)632 -5253
FSM Initials:
Date:
Cr rogram Files\Neevia. Com0ocument ConvertertempA966576. docx 3
ATTACHMENT "A"
EXHIBIT "B"
CITY OF TEMECULA
PAYMENT RATES AND SCHEDULE
PRICING SHEET
ALTERNATE BID ITEMS — for emergency repairs or extra work authorized by City
MARK -UP ADDED TO VENDOR'S WHOLESALE PRICE OF
PRICE
PRICE
15%
PER
PER
DESCRIPTION
MONTH
YEAR
*Harveston Lake Park
Weekends, Holidays, etc.
$95.00
To be serviced three times per
$3,975.00
$47,700.00
week (Monday, Wednesday &
Friday)
Harveston Lake Park
To be serviced twice a week
$3,300.00
$39,600.00
(Tuesday & Friday)
*Temecula Duck Pond
To be services three times per
$880.00
$10,560.00
week (Monday, Wednesday &
Friday)
Temecula Duck Pond
To be serviced twice a week
$600.00
$7,200.00
(Tuesday & Friday)
ALTERNATE BID ITEMS — for emergency repairs or extra work authorized by City
MARK -UP ADDED TO VENDOR'S WHOLESALE PRICE OF
PARTS, EQUIPMENT AND MATERIALS
15%
HOURLY RATE PER REGULAR MAN HOUR (8am TO 5pm
Monday through Friday
$65.00
HOURLY RATE PER OVERTIME MAN HOUR — After - hours,
Weekends, Holidays, etc.
$95.00
*Supplemental Service
Contractor's Signature
Cr rogram Files\Neevia. Com0ocument ConvertertempA966576. docx
Item No. 16
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 11, 2010
SUBJECT: Fourth Amendment with Prudential Overall Supply Inc., for Uniform, Floor Mat,
Dust Mop and Towel Cleaning /Rental Services Agreement for Fiscal Year 2010-
2011
PREPARED BY: Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors:
1. Approve the Fourth Amendment with Prudential Overall Supply Inc. in the amount of
$25,000.00 for Uniform, Floor Mat and Towel Cleaning /Rental Service for Fiscal Year 2010 - 2011.
BACKGROUND: The Temecula Community Services Department (TCSD) released a
Request for Proposal (RFP) for Uniform, Floor Mat, Dust Mop and Towel Cleaning /Rental Services
on April 14, 2006. The TCSD received several proposals, which were evaluated to determine the
qualifications and competitiveness of their pricing. Prudential Overall Supply Inc. was determined to
be the lowest qualified bidder for the required services. A two year contract with the option of (3)
one -year extensions was awarded to Prudential Overall Supply Inc. effective July 1, 2006 thru June
30, 2008 in the amount of $25,000.00.
The First Amendment was approved on May 22, 2007 in order to extend the term of the Agreement
and increase the payment for additional services in the amount of $25,000.00.
The Second Amendment was approved on May 27, 2008 in order to extend the term of the
Agreement and increase the payment for additional services in the amount of $25,000.00.
The Third Amendment was approved on May 12, 2009 in order to extend the term of the Agreement
and increase the payment for additional services in the amount of $25,000.00.
The Fourth and Final Amendment is now requested to authorize the final one (1) year extension, as
permitted per the original contract. The cost to provide uniform, floor mat, dust mop and towel
cleaning /rental services for fiscal year 2010 -2011 is $20,521.84 and an estimated $4,478.16 is
being requested for additional supplemental services. The cost to provide services for fiscal year
2010 -2011 is $25,000.00. The additional year of service will increase the total contract amount to
$125,000.00.
FISCAL IMPACT: The cost of the uniform, floor mat and towel cleaning /rental services
contract is $25,000.00. Sufficient funds have been included in the proposed Annual Operating
Budgets for Fiscal Year 2010 — 2011 in the appropriate expenditure accounts.
ATTACHMENTS: 1) Amendment No. 4
Agenda Report Prudential 2010- 2011.doc
FOURTH AMENDMENT TO AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND PRUDENTIAL OVERALL SUPPLY,
INC.
FOR UNIFORM, FLOOR MAT, DUST MOP AND TOWEL CLEANING /RENTAL SERVICES
THIS FOURTH AMENDMENT is made and entered into as of May 11, 2010 by and
between the Temecula Community Services District, a community services district (hereinafter
referred to as "City "), and Prudential Overall Supply, Inc., a Corporation, (hereinafter referred to
as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On July 1, 2006 the City and Contractor entered into that certain
Agreement entitled "Agreement for Uniform, Floor Mat, Dust Mop and Towels Cleaning /Rental
Services ", in the amount of $25,000.00
b. The first amendment was approved on May 22, 2007 in order to extend
the term of the Agreement and increase the payment for additional services in the amount of
$25,000.00
C. The second amendment was approved on May 27, 2008 in order to
extend the term of the Agreement and increase the payment for additional services in the
amount of $25,000.00
d. The third amendment was approved on May 12, 2009 in order to extend
the term of the Agreement and increase the payment for additional services in the amount of
$25,000.00
e. The parties now desire to extend the term and increase the payment of
the Agreement in the amount of $25,000.00 and amend the Agreement as set forth in this
Amendment.
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
follows:
"This Agreement shall remain and continue in effect until tasks herein
are completed, but in no event later than June 30, 2011 unless sooner
terminated pursuant to the provisions of this Agreement."
3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby
amended to read as follows:
'The City agrees to pay Contractor monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit B, other than the payment rates and
schedule of payment, are null and void. The Fourth Amendment amount
shall not exceed Twenty Five Thousand Dollars and no Cents
($25,000.00) for uniform, floor mat, dust mop and towels cleaning /rental
Cr rogram Files\Neevia. Com0ocument ConvertertempA966594. doc
services for a total Agreement amount of One Hundred Twenty Five
Thousand Dollars and no Cents ($125,000.00)."
4. Section 14 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to
read as follows:
"Any notices which either party may desire to give to the other party Under this
Agreement must be in writing and may be given 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 of United States Mail as
provided above.
Mailing Address:
Use this Address for a Delivery Service
Or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to a new City Hall on or about September of 2010.
Please ca11951- 694 -6444 to determine if the City has relocated. After the City has
relocated, please use the following address for a delivery service or hand -
deliveries ONLY:
City of Temecula
Attn: Temecula Community Services District
41000 Main Street
Temecula. CA 92590"
5. 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.
6. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
Cr rogram Files\Neevia. Com0ocument ConvertertempA966594. doc 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington,
President
ATTEST:
By:
TCSD
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
Prudential Overall Supply, Inc.
(Two signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Scott Chafin, General Manager
Nick Miranda, Sales & Service Manager
By:
Peter M. Thorson, City Attorney Contractor
Prudential Overall Supply, Inc.
Contact Person: Scott Chafin
P.O. Box 11210
Santa Anna, CA 92711
Phone: (714) 231 -9645
FSM Initials:
Date:
Cr rogram Files\Neevia. Com0ocument ConvertertempA966594. doc 3
Location Qty
CITY HALL 3
3
2
10
20
PU_110 Y 0:4 01_10163=
Size /Item
4x6 mat (charcoal;
3x5 mat (teal)
24" dust mop
3X5 Mat (gray)
Towels (blue)
FACILITY 1 4x6 mat (teal)
4 3x5 mat (teal)
1 24" dust mop
10 Towels (white)
OLD TOWN
TEMECULA
SENIOR
CENTER
3 4x6 mats (charcoal)
1 36" dust mop
4 3X5 mats (charcoal)
20 Towels (blue)
ATTACHMENT "A"
EXHIBIT "B"
Unit Price V
$2.90
$1.80
$0.66
$1.80
$0.10
Total
$2.90
$1.80
$0.66
$0.10
Total
$2.90
$0.86
$1.80
$0.10
Wkly Price
$8.70
$5.40
$1.32
$18.00
$2.00
$35.42
$2.90
$7.20
$0.66
$1.00
$11.76
$8.70
$0.86
$7.20
$2.00
$9.26
Cr rogram Files\Neevia. Com0ocument ConvertertempA966594. doc 4
Annual
$1,841.84
$611.52
$975.52
$866.32
$481.52
$18.76
TEMECULA
COMMUNITY
CENTER 3
4x6 mats (blue)
$2.90
$8.70
1
3x5 mat (blue)
$1.80
$1.80
1
3x10 mat (blue)
$3.30
$3.30
1
36" dust mop
$0.86
$0.86
20
Towels (white)
$0.10
$2.00
$16.66
TEMECULA VALLEY MUSEUM
2
4x6 mat (tan)
$2.90
$5.80
1
3x5 mat (tan)
$1.80
$1.80
1
24" dust mop
$0.66
$0.66
10
Towels (white)
$0.10
$1.00
$9.26
Cr rogram Files\Neevia. Com0ocument ConvertertempA966594. doc 4
Annual
$1,841.84
$611.52
$975.52
$866.32
$481.52
EXHIBIT "B"
CONTINUED
�i�L�tlPd�l�lYrt ■ :7xd :7�_��Nl�
CENTER
5
4x6 mat (gray)
$2.90
$14.50
3x10 mats (gray)
3
3x5 mat (gray)
$1.80
$5.40
20
2
36" dust mop
$0.86
$1.72
2
48" dust mop
$1.26
$2.52
40
Towels (white)
$0.10
$4.00
$28.14 $1,463.28
PERFORMING ARTS &
MERCANTILE
BUILDINGS
10
4x6 mat (gray)
$2.90
$29.00
3
3x5 mat (gray)
$1.80
$5.40
2
36" dust mop
$0.86
$1.72
2
48" dust mop
$1.26
$2.52
50
Towels (white)
$0.10
$5.00
$43.64 $2,269.28
CHILDREN'S
MUSEUM
3
4x6 mats (charcoal)
$2.90
$8.70
1
36" dust mop
$0.86
$0.86
4
3X5 mats (charcoal)
$1.80
$7.20
20
Towels (blue)
$0.10
$2.00
$18.76
PUBLIC LIBRARY
4 4x6 mats (gray) $2.90 $11.60
2 3x5 mats (gray) $1.80 $3.60
I70Z63
4
3x5 mats (gray)
1
4x6 mats (gray)
1
3x10 mats (gray)
1
48" dust mop
1
36" dust mop
20
Towels
$1.80
$2.90
$3.30
$1.26
$0.86
$0.10
Total for Facilities
Ct rogram Files\Neevia. Com0ocument Convertertemp \966594. doc
$15.20
$7.20
$2.90
$3.30
$1.26
$0.86
$2.00
$17.52
5
$975.52
$790.40
$911.04
$11,186.24
Location Qty
Community Services
12 Workers 60
Size /Item
Dark Brown Pants
Orange or White Shirt
Long or Short Sleeve
EXHIBIT "B" CONTINUED
Unit Price
$0.90
Price
$54.00
Annual
$54.00 $2,808.00
"Miscellaneous Fees" Not To Exceed -100 Ball caps $8,10 ea $810.00
$3,618.00
Public Works
13 Workers 65 Dark Brown Pants $0.90 $58.50
Orange Shirts
Long or Short Sleeve $58.50 $3,042.00
"Miscellaneous Fees" Not To Exceed $ 810.00
$ 3,852.00
ANNUAL TOTAL - CUSTODIAL
& UNIFORMS $ 20,521.84
*City has choice of pants -Blue Jeans @ $.75 each per week or Brown pants @ $.50 each per week
Contractor's Signature
Cr rogram Files\Neevia. Com0ocument ConvertertempA966594. doc 6
Item No. 17
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 11, 2010
SUBJECT: Fourth Amendment to the Janitorial Services Agreement for Park Restrooms
and Picnic Shelters with Environmental Cleaning Solutions & Facility
Management, LLC for Fiscal Year 2010 -2011
PREPARED BY: Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors:
1. Approve the Fourth Amendment with Environmental Cleaning Solutions & Facility
Management, LLC for $63,780.00 to provide Janitorial Services for Park Restrooms and
Picnic Shelters for Fiscal Year 2010 -2011.
BACKGROUND: The Temecula Community Services Department (TCSD) released a Request
for Proposal (RFP) for Park Restroom and Park Shelter Janitorial Maintenance Services on March
26, 2007. The TCSD received three (3) proposals, which were evaluated to determine qualifications
and to assess the competitiveness of their pricing. Environmental Cleaning Solutions & Services,
Inc. was determined to be the lowest qualified bidder for the required services. A one (1) year
Contract with the option of three (3) one -year extensions was awarded to Environmental Cleaning
Solutions & Services, Inc. effective July 1, 2007 thru June 30, 2008 in the amount of $70,548.00.
The First Amendment was approved on May 27, 2008 in order to extend the term of the Agreement
and increase the payment for additional services in the amount of $63,780.00.
The Second Amendment was approved on May 8, 2009 in order to change the Company name.
Environmental Cleaning Solutions & Services, Inc. was changed to Environmental Cleaning
Solutions & Facility Management, LLC.
The Third Amendment was approved on June 9, 2009 in order to extend the term of the Agreement
and increase the payment for additional services in the amount of $63,780.00.
The Fourth and final Amendment is now requested to authorize the final one (1) year extension as
permitted per the original contract. The cost to provide janitorial maintenance services for Fiscal
Year 2010 -2011 is $63,780.00. This additional year of service will increase the total contract amount
to $261,888.00.
FISCAL IMPACT: The cost of the janitorial maintenance services for Park Restrooms and Picnic
Shelters is $63,780.00. Sufficient funds have been included in the proposed Annual Operating
Budget for Fiscal Year 2010 — 2011 in the appropriate expenditure accounts.
ATTACHMENTS: 1) Amendment No. 4
R:VSIRE REPORTS ET ALUVlaintenancel g end a Repaor2010- 20111Environmenta l Cleaning Solutions 2010.2011. doc
FOURTH AMENDMENT TO AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND ENVIRONMENTAL CLEANING
SOLUTIONS & FACILITY MANAGEMENT, LLC
FOR PARK RESTROOMS AND PICNIC SHELTERS JANITORIAL SERVICES
THIS FOURTH AMENDMENT is made and entered into as of May 11, 2010 by and
between the Temecula Community Services District, a community services district (hereinafter
referred to as "City "), and Environmental Cleaning Solutions & Facility Management, LLC a
Corporation, (hereinafter referred to as "Contractor "). 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 July 1, 2007 the City and Contractor entered into that certain
Agreement entitled "Agreement for Janitorial Maintenance Services ", in the amount of
$70,548.00.
b. The first amendment was approved on May 27, 2008 in order to extend
the term of the Agreement and increase the payment for additional services in the amount of
$63,780.00.
C. The second amendment was approved on May 8, 2009 in order to
change the Company name. Environmental Cleaning Solutions & Services Inc., was changed to
Environmental Cleaning Solutions & Facility Management, LLC pursuant to the name and
ownership change of said company in May 9, 2009.
d. The third amendment was approved on June 9, 2009 in order to extend
the term of the Agreement and increase the payment for additional services in the amount of
$63,780.00.
e. The parties now desire to extend the term and increase the payment of
the Agreement in the amount of $63,780.00 and amend the Agreement as set forth in this
Amendment.
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
follows:
"This Agreement shall remain and continue in effect until tasks herein
are completed, but in no event later than June 30, 2011 unless sooner
terminated pursuant to the provisions of this Agreement."
3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby
amended to read as follows:
'The City agrees to pay Contractor monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit B, other than the payment rates and
schedule of payment, are null and void. The Fourth Amendment amount
CAProgram Files \Neevia.Com \Document Converter\temp\966578.doc
shall not exceed Sixty Three Thousand Seven Hundred Eighty Dollars
and no Cents ($63,780.00) for additional janitorial maintenance services
for a total Agreement amount of Two Hundred Sixty One Thousand Eight
Hundred Eighty Eight Dollars and no Cents (261,888.00) ".
4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to
read as follows:
"Any notices which either party may desire to give to the other party Under this
Agreement must be in writing and may be given 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 of United States Mail as
provided above.
Mailing Address:
Use this Address for a Delivery Service
Or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula. CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010.
Please ca11951- 694 -6444 to determine if the City has relocated. After the City has
relocated, please use the following address for a delivery service or hand -
deliveries ONLY:
City of Temecula
Attn: Temecula Community Services District
41000 Main Street
Temecula. CA 92590"
5. 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.
6. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
CAProgram Files \Neevia.Com \Document Converter\temp\966578.doc 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES Environmental Cleaning Solutions & Facility
DISTRICT Management, LLC
(Two signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Chuck Washington, TCSD
President
ATTEST:
By:
By: By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
Dan R. Yasui, President /CEO
By:
Peter M. Thorson, City Attorney Contractor
Environmental Cleaning Solutions & Facility
Management, LLC
Contact Person: Dan R. Yasui
19881 Brookhurst St. Suite C - 303
Huntington Beach, CA 92646
Phone: (714) 231 -9645
FSM Initials:
Date:
CAProgram Files \Neevia.Com \Document Converter \temp\966578.doc 3
ATTACHMENT "A"
EXHIBIT "B"
CITY OF TEMECULA
PAYMENT RATES AND SCHEDULE
PRICING SHEET
PARK NAME / RESTROOM LOCATION
ADDRESS
PRICE PER
MONTH
PRICE PER
YEAR
Sam Hicks Monument Park
41970 Moreno Road
$188.00
$2,256.00
6 th Street Parking Lot Restroom
41952 Sixth Street
$188.00
$2,256.00
Pala Community Park
44900 Temecula Lane
$188.00
$2,256.00
Ronald Reagan Sports Park (Rancho Vista
field)
30875 Rancho Vista Road
$188.00
$2,256.00
Skate Park Restroom (At Ronald Reagan
Sports Park)
42569 Margarita Road
$188.00
$2,256.00
North /South Restroom (At Ronald Reagan
Sports Park)
42775 Margarita Road
$188.00
$2,256.00
Kent Hintergardt Memorial Park
31465 Via Cordoba
$188.00
$2,256.00
Paloma Del Sol Park
32099 De Portola Road
$188.00
$2,256.00
Harveston Lake Park (Boat House Restroom)
40233 Village Road
$188.00
$2,256.00
Harveston Lake Park (Playground Restroom)
40233 Village Road
$188.00
$2,256.00
Temeku Hills Park (Playground Restroom)
31367 La Serena
$188.00
$2,256.00
Temeku Hills Park (Snack Bar Restroom)
31367 La Serena
$188.00
$2,256.00
Temecula Duck Pond
28250 Ynez Road
$188.00
$2,256.00
Winchester Creek Park
39950 Margarita Road
$188.00
$2,256.00
Margarita Community Park
29119 Margarita Road
$188.00
$2,256.00
Meadows Park
43110 Meadows Parkway
$188.00
$2,256.00
Pauba Ridge Park
33405 Pauba Road
$188.00
$2,256.00
Crowne Hill Park
33203 Old Kent Road
$188.00
$2,256.00
Temecula Elementary School Pool Restroom
41951 Moraga Road
$188.00
$2,256.00
CAProgram Files \Neevia.Com \Document Converter \temp\966578.doc
ATTACHMENT "A"
EXHIBIT "B" CONTINUED
Harveston Community Park (Community Room
28582 Harveston Drive
$188.00
$2,256.00
Restroom)
Harveston Community Park (Snack Bar
28582 Harveston Drive
$188.00
$2,256.00
Restroom)
Patricia H. Birdsall Sport Park ( Snack Bar
31621 Deer Hollow Way
$188.00
$2,256.00
Restroom)
Patricia H. Birdsall Sport Park (Playground
31621 Deer Hollow Way
$188.00
$2,256.00
Restroom)
Wolf Creek Park
45898 Wolf Creek Drive North
$188.00
$2,256.00
SUBTOTAL A
$4,700
$56,400
Contractor's Sig
CAProgram Files \Neevia.Com \Document Converter\temp\966578.doc
ATTACHMENT "A"
EXHIBIT "B" CONTINUED
GAZEBO /PICNIC SHELTER MAINTENANCE
ADDRESS
PRICE
PER
MONTH
PRICE
PER
YEAR
Sam Hicks Monument Park (1 Shelter)
41970 Moreno Road
$25.00
$300.00
Harveston Community Park (priced as three
shelters
28582 Harveston Drive
$70.00
$840.00
Harveston Lake Tot Lot (priced as two shelters)
40233 Village Road
$50.00
$600.00
Harveston Lake Wedding Gazebo (1 shelter)
40233 Village Road
$25.00
$300.00
Winchester Creek Park (2 Shelters)
39950 Margarita Road
$50.00
$600.00
Rancho California Sports Park (1 Shelter)
41569 Margarita Road
$25.00
$300.00
Meadows Park (2 Shelters)
43110 Meadows Parkway
$50.00
$600.00
Pauba Ridge Park (2 Shelters)
33405 Pauba Road
$50.00
$600.00
Crown Hill Park 1 Shelter
33203 Old Kent Road
$25.00
$300.00
Pala Community Park (3 Shelters)
44900 Temecula Lane
$70.00
$840.00
Margarita Community Park (2 Shelters)
29119 Margarita Road
$50.00
$600.00
Temecula Duck Pond (1 Shelter)
28250 Rancho California
Road
$25.00
$300.00
Temeku Hills Park (1 Shelter)
31367 La Serena Way
$25.00
$300.00
Patricia H. Birdsall Sport Park (Snack Bar
Tables)
31621 Deer Hollow Way
$50.00
$600.00
Wolf Creek Park (1 Shelter)
45898 Wolf Creek Drive North
$25.00
$300.00
SUBTOTAL B
$615
$7,380
RESTROOM MAINTENANCE AND
GAZEBO /PICNIC SHELTER MAINTENANCE
GRAND TOTAL (Subtotal A
$5,315
$63,780
+B)
Contractor's Sig
CAProgram Files \Neevia.Com \Document Converter\temp\966578.doc
ATTACHMENT "A"
EXHIBIT "B" CONTINUED
ADDITIONAL SERVICE ITEMS
DESCRIPTION
SCOPE OF WORK
PRICE PER
PRICE PER
MONTH
YEAR
Maintain an additional park
May be added to contract as new
restroom, which will include men
facilities are constructed. More than
and women areas, totaling
one restroom building may be
approximately 500 s.f. to 900s.f.
added during contract term.
Maintain per above
$188.00
$2,256
Specifications /Scope of Work,
Exhibit A above.
Provide Supplemental Restroom
Provide Staff to clean and stock
Maintenance Services for
park restroom facility (both men and
Special Events.
women restrooms) hourly rate. Per
Exhibit "A' Daily Requirements.
$25.00
Provide General Janitorial
Provide Specified general janitorial
Maintenance Services
maintenance services, such as
cleaning office areas, kitchens,
office or recreation building
restrooms, hallways, multipurpose
$25.00
rooms, etc.
Contractor's Sig
CAProgram Files \Neevia.Com \Document Converter\temp\966578.doc
Item No. 18
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 11, 2010
SUBJECT: First Amendment to the HVAC Maintenance Services Agreement with Alpha
Mechanical Service & Engineering for Heating and Air Conditioning Services for
Flscal Year 2010 -2011
PREPARED BY: Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors:
1. Approve the First Amendment with Alpha Mechanical Service & Engineering for Heating and
Air Conditioning Maintenance Services in the amount of $66,112.00 for Fiscal Year 2010 — 2011.
BACKGROUND: The Temecula Community Services Department (TCSD) released a
Request for Proposal (RFP) for HVAC Preventative Maintenance and Repair Services on April 6,
2009. The TCSD received twelve (12) proposals, which were evaluated to determine the
qualification and competitiveness of each Vendor to provide Heating and Air Conditioning
Maintenance Services and Repairs. A one (1) year Contract with option of three (3) one -year
extension was awarded to Alpha Mechanical Service & Engineering effective July 1, 2009 thru June
30, 2010 in the amount of $55,825.00. The First Amendment is now requested to authorize the first
one (1) year extension as permitted per original contract. The cost to provide Heating and Air
Conditioning Maintenance Services for Fiscal Year 2010 -2011 is $26,112.00 and an estimated
$40,000.00 is being requested for repairs and additional supplemental services. This additional year
of services will increase the total contract amount to $121,937.00.
FISCAL IMPACT: The coast of the HVAC Maintenance Services contract is $66,112.00.
Sufficient funds have been included in the proposed Annual Operating Budget for FY 2010 — 2011
in the appropriate expenditure accounts.
ATTACHMENTS: 1) Amendment No.1
HVAC Alpha Machanical Service & Engineering 2010 - 2011.doc
FIRST AMENDMENT TO AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND ALPHA MECHANICAL SERVICE &
ENGINEERING, INC
FOR HEATING & AIR CONDITIONING SERVICE
THIS FIRST AMENDMENT is made and entered into as of May 11, 2010 by and
between the Temecula Community Services District, a community services district (hereinafter
referred to as "City "), and Alpha Mechanical Service & Engineering, Inc, a Corporation,
(hereinafter referred to as "Contractor "). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On June 9, 2009 the City and Contractor entered into that certain
Agreement entitled "Agreement for Heating and Air Conditioning Maintenance Services ", in the
amount of $55,825.00.
b. The parties now desire to extend the term and increase the payment of
the Agreement in the amount of $66,112.00, as well as, revise the Written Notice section to
notify Contractor of the Temecula City Hall address change effective date and amend the
Agreement as set forth in this Amendment.
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
follows:
"This Agreement shall remain and continue in effect until tasks herein
are completed, but in no event later than June 30, 2011 unless sooner
terminated pursuant to the provisions of this Agreement."
3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby
amended to read as follows:
"The City agrees to pay Contractor monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit B, other than the payment rates and
schedule of payment, are null and void. The First Amendment amount
shall not exceed Sixty Six Thousand One Hundred Twelve Dollars and
no Cents ($66,112.00) for heating and air conditioning maintenance
services for a total Agreement amount of One Hundred Twenty One
Thousand Nine Hundred Thirty Seven Dollars and no Cents
($121,937.00)."
4. Section 24 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to
read as follows:
"Any notices which either party may desire to give to the other party Under this
Agreement must be in writing and may be given 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)
C1 rogram Files\Neevia. Com0ocument ConvertertempA966614. doc
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 of United States Mail as
provided above.
Mailing Address:
Use this Address for a Delivery Service
Or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula. CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010.
Please call 951 - 694 -6444 to determine if the City has relocated. After the City
has relocated, please use the following address for a delivery service or hand -
deliveries ONLY:
City of Temecula
Attn: Temecula Community Services District
41000 Main Street
Temecula, CA 92590"
5. 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.
6. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
C1 rogram Files\Neevia. Com0ocument ConvertertempA966614. doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
By:
Alpha Mechanical Service & Engineering, Inc.
(Two signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Peter M. Thorson, City Attorney CONTRACTOR
C1 rogram Files\Neevia. Com0ocument ConvertertempA966614. doc
Alpha Mechanical Service & Engineering, Inc
Contact Person: Egan James
4885 Greencraig Lane
San Diego, CA 92123
Phone: (858) 279 -1300
FSM Initials:
Date:
ATTACHMENT "A"
EXHIBIT "B"
CITY OF TEMECULA
PAYMENT RATES AND SCHEDULE
PRICING SHEET
HVAC PREVENTATIVE MAINTENANCE
DESCRIPTION
PRICE PER
VISIT"
RICE PER YEAR
CITY HALL HVAC
$1,075.00
$3,225.00
MAINTENANCE FACILITY HVAC
$262.00
$786.00
FOC. FIELD OPERATIONS CENTER HVAC
$283.00
$849.00
COMMUNITY RECREATION CENTER HVAC
$800.00
$2,400.00
TEMECULA COMMUNITY CENTER HVAC
$120.00
$360.00
MARY PHILLIPS SENIOR CENTER HVAC
$235.00
$705.00
TEMECULA VALLEY MUSEUM HVAC
$150.00
$450.00
CHAPEL OF MEMORIES HVAC
$50.00
$150.00
TEMECULA CHILDREN'S MUSEUM HVAC
$201.00
$603.00
FIRE STATION 84 HVAC
$211.00
$633.00
FIRE STATION 92 HVAC
$292.00
$876.00
FIRE STATION 73 HVAC
$58.00
$174.00
"FIRE STATION 95 HVAC
$58.00
$174.00
HARVESTON COMMUNITY PARK HVAC
$72.00
$216.00
OLD TOWN COMMUNITY THEATER HVAC
$299.00
$897.00
TEMECULA VALLEY LIBRARY HVAC
$729.00
$2,187.00
PATRICIA H. BIRDSALL PARK HVAC
$133.00
$399.00
TEMECULA COMMUNITY CENTER "B" HVAC
$97.00
$291.00
OLD TOWN AUDIO CABINETS HVAC
$150.00
$450.00
"CIVIC CENTER PARKING GARAGE
$305.00
$915.00
C1 rogram Files\Neevia. ComVDocument ConvertertempA966614. doc
ATTACHMENT "A"
EXHIBIT "B"
(Continued)
** CIVIC CENTER TOWN SQUARE
* Three visits per fiscal year
** Future Service Site
$3,124.00 I $9,372.00
ALTERNATE BID ITEMS -For repair or extra work authorized by City
MARK -UP ADDED TO CONTRACTOR'S WHOLESALE
PRICE OF PARTS & EQUIPMENT
25%
HOURLY RATE PER REGUALR MAN HOUR -8am To 5pm
$80.00
Monday through Friday
HOURLY RATE PER OVERTIME MAN HOUR - After - hours,
$120.00
Weekends, Holidays, etc.
Contractor's Signature:
C1 rogram Files\Neevia. Com0ocument ConvertertempA966614. doc
$26,112.00
DISTRICT BUSINESS
Item No. 19
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 11, 2010
SUBJECT: Old Town Gymnasium Conceptual Master Plan
PREPARED BY: Cathy McCarthy, Community Services Superintendent
RECOMMENDATION: That the Board of Directors approve the Old Town Gymnasium
Conceptual Master Plan.
BACKGROUND: In July 2007, WLC Architects, Inc. was awarded a contract for the
design of the Old Town Gymnasium to be located adjacent to the Boys and Girls Club on Pujol
Street. WLC led a project committee through a process to develop a conceptual design. The
committee consisted of Mayor Jeff Comerchero, Council Member Chuck Washington, Community
Services Commissioner Jim Meyler, Boys and Girls Club staff and City staff.
The conceptual design proposes an 8,300 square foot building including a full -sized basketball court
with seating for approximately 120 spectators, restroom, a small office, storage and parking. The
facility will provide additional opportunities for activities and athletics for City residents and the Boys
and Girls Club, in an area currently void of these opportunities.
The Community Services Commission approved the Old Town Gymnasium Conceptual Plan in its
substantial form at their meeting February 8, 2010. This evening a presentation will be made by the
City's consultant, WLC Architects, Inc. on the proposed gymnasium. Once approved by the Board
of Directors, our consultant will begin to develop plans and specifications for the project.
FISCAL IMPACT: The design of the Old Town Gymnasium project is currently budgeted
in the Capital Improvement Program for Fiscal Year 2010 -2011 and construction in Fiscal Years
2011 -12 and 2012 -13.
ATTACHMENTS: Site Plan
Floor Plan
Perspective Illustrations
r
30' 15' 0' 30' 60'
SCALE: 1" = 30' -0"
Old Town Gym
City of Temecula
01 -22 -10
SITE PLAN
WLC
A r c h i t e c t s I n c.
Rancho Cucamonga Office:
10470 Foothill Blvd.
Rancho Cucamonga, CA
91730 -3754
Folsom Office:
1110 Iron Point Road, Suite 200
Folsom, CA
95630 -8301
Emeryville Office:
1250 45th Street, Suite 150
Emeryville, CA
94608
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4 5 5.2
10' -0" 10' -0" 3' -0" 7
COVERED WALKWAY
COLUMNS, TYP
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II II
II II
II I I I I II
I II II II II II II II II II II II II I I II II II II II II II II II II II I
II
15' -0"
WALL MOUNTED
GREEN SCREEN
TRELLIS SYSTEM. TYP
MET STUD WALL
FRAMING, TYP
GYMNASIUM
6140 SF
C,
Ll H CH
0
0
N
H H L-1
18' -0"
VVI-%L_L_ IVI\JVIV I LL/ VI\LLIV
SCREEN TRELLIS
SYSTEM, TYP
20' -0"
/3\
A5.1
20' -0"
96' - 0"
STORAGE
109
268 SF
20' -0"
MET STUD WALL
FRAMING, TYP
18' -0"
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WALL MOUNTED GREEN
SCREEN TRELLIS
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FIRST FLOOR PLAN
8300 SF 1/8" =1' -0"
Old Town Gym
City of Temecula
01 -22 -10
FIRST FLOOR PLAN
w C
A r c h i t e c t s I n c
Rancho Cucamonga Office:
10470 Foothill Blvd.
Rancho Cucamonga, CA
91730 -3754
Folsom Office:
1110 Iron Point Road, Suite 200
Folsom, CA
95630 -8301
Emeryville Office:
1250 45th Street, Suite 150
Emeryville, CA
94608
EXTERIOR PERSPECTIVE 1
EXTERIOR PERSPECTIVE 2
Old Town Gym
City of Temecula
01 -22 -10
PERSPECTIVES
WLC
A r c h i t e c t s, I n c
Rancho Cucamonga Office:
10470 Foothill Blvd.
Rancho Cucamonga, CA
91730 -3754
Folsom Office:
1110 Iron Point Road, Suite 200
Folsom, CA
95630 -8301
Emeryville Office:
1250 45th Street, Suite 150
Emeryville, CA
94608
REDEVELOPMENT
AGENCY
Item No. 20
ACTION MINUTES
of
APRIL 27, 2010
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA REDEVELOPMENT AGENCY MEETING
The Temecula Redevelopment Agency Meeting convened at 7:32 PM.
CALL TO ORDER: Chair Person Mike Naggar
ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts,
Naggar
RDA PUBLIC COMMENTS
There were no public comments.
RDA CONSENT CALENDAR
11 Action Minutes - Approved Staff Recommendation (4 -0 -1) Agency Member Edwards
made the motion; it was seconded by Agency Member Washington and electronic
vote reflected approval with the exception of Agency Member Roberts who
abstained
RECOMMENDATION:
11.1 Approve the action minutes of April 13, 2010.
12 Second Amendment to the Purchase and Sale Aareement 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 Edwards made the motion; it was seconded by Agency
Member Washington and electronic vote reflected unanimous approval
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 10 -05
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN SECOND 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
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
At 7:33 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, May 11, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing
at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
Michael S. Naggar, Chair Person
ATTEST:
Susan W. Jones, MMC
City Clerk /Agency Secretary
[SEAL]
Item No. 21
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director /Agency Members
FROM: Tim Thorson, Director of Information Systems
DATE: May 11, 2010
SUBJECT: Award a Contract for the Old Town Sound System Retrofit
RECOMMENDATION: That the Agency Members:
Award a contract with Western Audio Visual Corp for upgrading the Old Town Sound
System in the amount of $71,478.75 and authorize the Mayor to execute the
contract;
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $14,295.75, which is equal to 20% of the contract amount;
3. Approve the acceleration of $86,000.00 from the Redevelopment Agency CIP
Budget of FY2010 -2011 to the current FY2009 -2010 for the Old Town Sound System
Retrofit.
BACKGROUND: On April 9, 2010, City Staff posted a Request for Proposal (RFP) on
the City's online bidding system for the purchase and installation of an Old Town Sound System
Retrofit. Two firms submitted proposals. The results were as follows:
Old Town Sound System RFP Results
1
Western Audio Visual Corp
$67,388.09
2
CompView
$68,742.77
Western Audiovisual was the most qualified firm to implement the Old Town Sound System
Upgrade. Their project methodology, prior experience, and subject matter expertise were
exceptional and will provide the city with a quality sound system. The scope of services for this
project includes the following: physical infrastructure, new control system, new street side
equipment, discrete zones, and integrated sound system for Town Square and Quad.
The City's estimate for the project was $115,000.00.
Each of the two proponents submitted a cost for additive bid alternates, which included two
additional JBL Column Loudspeakers for use in the Civic Center quad area. Western Audio Visual
Additive Bid Alternates are $4,090.66. Staff's recommendation above includes this additive bid
alternate, bringing the total contract price to $71,478.75.
FISCAL IMPACT: The Old Town Sound System Retrofit project is anticipated in the FY
2010 -2011 Redevelopment Agency CIP Budget. With the recommended acceleration of
Redevelopment Agency CIP funds in the amount of $86,000.00, sufficient funds will be in the project
account — Account# 210 - 165 -515 for this expense. The total amount requested is $85,774.50,
which includes the base agreement amount of $71,478.75 plus a 20% contingency of $14,295.75.
ATTACHMENTS:
Contract
Project Location
Project Description
PURCHASE AND INSTALLATION AGREEMENT BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND WESTERN
AUDIO VISUAL CORP
OLD TOWN SOUND SYSTEM UPGRADE
THIS AGREEMENT is made and effective as of May 11, 2010, between the
Redevelopment Agency of the City of Temecula, a public body, corporate and politic
(hereinafter referred to as "City "), and Western Audio Corp, a Corporation, (hereinafter
referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
TERM
This Agreement shall commence on May 11, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than September 10,
2011, unless sooner terminated pursuant to the provisions of this Agreement.
2. PURCHASE AND SALE OF EQUIPMENT
On and subject to the terms and conditions set forth in this Agreement and the
Agreement Documents, Contractor agrees to manufacture, sell and install for the City upgraded
sound equipment and infrastructure as more particularly described in Exhibit A, Description
of Equipment, attached hereto and incorporated herein as though set forth in full (hereafter
"Equipment ").
3. PURCHASE / INSTALLATION PRICE
The Purchase Price which City agrees to pay to Contractor for the Equipment is
Seventy One Thousand Four Hundred Seventy Eight Dollars and Seventy Five Cents.
($71,478.75). The Purchase Price is final and shall be paid by City to Contractor in accordance
with the attached schedule.
The City Manager /General Manager /Executive Director may approve additional work up
to twenty percent (20 %) 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.
4. SCOPE OF WORK
Contractor shall manufacture and install the equipment as described in the Scope of
Work, attached hereto and incorporated herein as Exhibit A ( "Work "). Contractor shall provide
and furnish all labor, materials, necessary tools, expendable equipment and all utility and
transportation services required for the Work. All of said Work to be performed and materials to
be furnished for the Work shall be in strict accordance with the specifications set forth in the
Scope of Work. The Work shall be completed within the time set forth in the Scope of Work.
Contractor shall not commence the Work until such time as directed by the City.
5. REPRESENTATIONS AND WARRANTIES OF VENDOR
Contractor makes the following representations and warranties to City:
a. Authority and Consents. Contractor has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement. No approvals or
consents of any persons are necessary in connection with Contractor's execution, delivery,
installation and performance of this Agreement, except for such as have been obtained on or
prior to the date hereof. The execution, delivery, installation and performance of this Agreement
by Contractor have been duly authorized by all necessary action on the part of Contractor and
constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor
in accordance with their respective terms.
b. Title and Operating Condition. Contractor has good and marketable title
to all of the Equipment manufactured and installed. All of the Equipment are free and clear of
any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to
all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances,
equities, claims, covenants, conditions and restrictions except for such as may be created or
granted by City. All of the Equipment are in good operating condition, are free of any defects,
and are in conformity with the specifications, descriptions, representations and warranties set
forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment
for use as Old Town Sound System and that City is relying on Contractor's warranties that the
Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally
used.
C. Full Disclosure. None of the representations and warranties made by
Contractor in this Agreement contains or will contain any untrue statement of a material fact, or
omits to state a material fact necessary to make the statements made, in light of the
circumstances under which they were made, not misleading.
6.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of the City or its authorized representatives,
and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
City shall inspect the Equipment at the time and place of delivery. Such inspection may include
reasonable tests and use of the Equipment by City. If, in the determination of City, the
Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so
notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice,
the Equipment shall be deemed accepted by City as of the date of receipt.
8. TIME OF DELIVERY
The date and time of delivery of the Equipment shall be on or before September 10,
2010.
9. PLACE OF DELIVERY
The Equipment shall be delivered to this location: Old Town Civic Center Parking
Garage, 28690 Mercedes Street, Temecula, CA 92590, 2 n Floor.
10.
In the event of such notice of non - conformity by City pursuant to the section entitled "City
Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2)
accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of
the Equipment and reject the remainder or the Installation. The exercise of any of the above
options shall be "without prejudice" and with full reservation of any rights and remedies of City
attendant upon a breach. In the event of such notice and election by City, City agrees to comply
with all reasonable instructions of Contractor and, in the event that expenses are incurred by
City in following such instructions, Contractor shall indemnify City in full for such expenses.
11. NO REPLACEMENT OF CURE
This Agreement calls for strict compliance. Contractor expressly agrees that both the
Equipment and Installation tendered and the tender itself will conform fully to the terms and
conditions of the Agreement on the original tender. In the event of rejection by City of the whole
of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is
not required to, accept any substitute performance from Vendor or engage in subsequent efforts
to affect a cure of the original tender by Contractor.
12. INDEMNIFICATION
The Contractor 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 Contractor'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.
13.
a. This Agreement includes the following documents, which are by this
reference incorporated herein and made a part hereof: Equipment Description and /or Scope of
Work attached hereto as Exhibit A.
b. In the event any term or condition of the Agreement Documents conflicts
with or is contradictory to any term or condition of the Agreement, the terms and conditions of
this Agreement are controlling.
C. In the event of a conflict in terms between this Agreement, the Request
for Proposal (RFP) and /or the Contractor's response to the RFP, this Agreement shall prevail
over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the
Contractor's response to the RFP.
14. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event the Contractor is in default for cause under the terms of
this Agreement, the City shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate this Agreement immediately
by written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the Executive Director or his delegate determines the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall service
the Contractor with written notice of the default. The Contractor 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 the Contractor 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.
15. INSURANCE REQUIREMENTS
Contractor 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 Contractor, 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 1185 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor 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 Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor 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.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the Executive Director. At the option of the
4
Executive Director, 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
Contractor 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, the Redevelopment Agency of the City of Temecula, 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 Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the City, the Redevelopment
Agency of the City of Temecula, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, the Redevelopment Agency of the
City of Temecula, 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
Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed tor 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 Contractor 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. Contractor 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 Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
16. SURVIVAL OF REPRESENTATIONS AND WARRANATIES
All representations, warranties, covenants and agreements of the parties contained in
this Agreement shall survive the execution, delivery, installation and performance of this
Agreement.
17. LEGAL RESPONSIBILITIES
The Contractor 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 Contractor 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 Contractor to
comply with this section.
18. 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 Contractor, or Contractor's sub - contractors
for this project, during his /her tenure or for one year thereafter. The Contractor 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 Contractor or Contractor's sub - contractors on this project. Contractor 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.
iP] IIIIIIIIIIIIIIil U ]4 »k,IA]4.YID161k,YY:LC431101:7
a. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor 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.
Contractor 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 Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
20. ASSIGNMENT
The Contractor 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, Contractor'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 Contractor.
21. 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 below.
Mailing Address: City of Temecula
Attn: Executive Director
P.O. Box 9033
Temecula, CA 92589 -9033
Use this Address for a Delivery Service: City of Temecula
or Hand - Deliveries ONLY Attn: Executive Director
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
To Contractor:
22. GOVERNING LAW
City of Temecula
Attn: Executive Director
41000 Main Street
Temecula, CA 92590
Western Audio Visual Corp
5365 Avenida Encinas Suite G
Carlsbad, CA 92008
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this 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.
23. 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
7
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.
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor 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:
Mike Naggar
RDA Chairperson
ATTEST:
Susan W. Jones, MMC
City Clerk /Agency Secretary
APPROVED AS TO FORM:
M
Peter M. Thorson
Agency Counsel
WESTERN AUDIO CORP (Signatures of
two corporate officers are required):
By:
Printed Name:
By:
Printed Name:
Title:
5365 Avenida Encinas Suite G
Carlsbad, CA 92008
FSM Initials:
Date: O Q
EXHIBIT "A"
DESCRIPTION OF EQUIPMENT, SCOPE OF WORK AND PAYMENT
RATE AND SCHEDULE
GENERAL REQUIREMENTS
A. Scope of Work
1. Project
City of Temecula
Old Town Audio Upgrade and New Civic Center Quad/Town Square Audio
System
Temecula, California
2. Project Description
The City of Temecula wishes to make enhancements to the existing Old Town Audio
system and to provide sound coverage in the Civic Center Quad/Town Square. This
Specification details the Audiovisual and Production Systems (collectively the
"Audiovisual" Systems) to be provided as part of this project. The Audiovisual spaces
described herein are as follows:
a) Old Town Audio System Upgrade (Street -Side Music /PA)
b) Civic Center Quad/Town Square Audio System
B. Definition of Terms
Definitions of terminology used in this Specification are as follows:
1. Owner: City of Temecula, CA
2. Audiovisual Consultant: PlanNet Consulting
3. Work: Engineered design, procurement, fabrication, testing, installation, and
commissioning of the Audiovisual Systems and for the Project.
4. Specification: The complete set of documented designs, specifications, and
performance and delivery requirements delineated in this document and all
referenced project documentation.
5. Integrator: The vendor company responsible for carrying out the Work.
6. Audiovisual System: In this Specification the Audiovisual System includes all
audio, video, control and other integrated electronic components and software
related to supporting the audiovisual functionality of the rooms listed above in
Section IA.
7. Provide: Supply, deliver, install, configure, test and commission.
8. Manufacturer: The original manufacturer of the individual audiovisual equipment
components.
9. Commissioning Date: The date at which a system is formally accepted by the
Owner.
10
10. Owner Furnished Equipment (OFE): Electronic equipment and other material
(new or existing) to be provided by the Owner and integrated as part of the
Project.
11. General Contractor: Edge Development, Temecula, CA
12. Architect: Nichols Melburg & Rossetto Architects + Engineers, Redding, CA
C. Time of Completion
Implementation Planning and Execution; Contractor shall work with the City and /or the General
Contractor (Edge Development) to plan implementation schedules and methodologies, which
minimizes impacts to users or other trades during installation and cutover processes. All costs
for planning and coordination as well as for after normal business hours labor shall be included
within the Contractor's pricing as required. It is anticipated that occupancy of the building will
take place in early September 2010.
1. The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30
p.m. Monday through Friday, excluding holidays. Deviation from these hours will not be
permitted without the prior consent of the IS Director, except in emergencies involving
immediate hazard to persons or property.
2. In the event of either a requested or emergency deviation, inspection service fees will be
charged against the Contractor. The service fees will be calculated at overtime rates,
including benefits, overhead and travel time. The service fees will be deducted from any
amounts due the Contractor.
D. Approach
The Integrator shall be responsible for the design, engineering, and provision of completely
operational, integrated systems according to the functional descriptions prescribed within this
Specification. Any and all incidental components or piece parts not specifically called out in this
document, but required for the function of the Audiovisual System, shall be provided by the
Integrator without additional cost to the Owner. Delivery of the work described in this
Specification shall include, but not be limited to, the following Basic Services:
1. Engineering and Design: The Integrator shall provide all system engineering and
design necessary to develop the complete systems described herein.
Engineering and Design shall include preparation of all necessary electronic
schematics, hardware drawings, systems diagrams, schedules, and lists.
2. Assembly: The Integrator shall procure and assemble all hardware and
equipment and any additional materials as required to deliver the completely
functioning Audiovisual System.
3. Software Programming: The Integrator shall perform all required software setup,
configuration, and programming required to develop a complete operating
system in accordance with these Specifications, including all control logic and
push button component faceplate or interface programming.
4. Installation: The Integrator shall install all equipment, inter -rack and intra -rack
cable, wiring of equipment, connectors, plates, and other material at the Project
site per the Integrator's approved designs.
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5. Testing and Adjustment: The Integrator shall perform all tests and adjustments,
shall furnish all test equipment necessary and perform all work required to
properly configure the systems and to verify their performance in accordance
with the information in this Specification and the Integrator's approved
engineered designs.
6. Acceptance Testing: Prior to Owner acceptance and hand -over of the completed
Audiovisual System, the Integrator shall demonstrate the operation of the
complete systems, including all individual devices and specified control functions.
Both subjective and objective tests may be required by the Owner to determine
compliance with the information in this Specification and the Integrator's
approved designs.
7. Training: The Integrator shall provide technical training of Owner's staff,
instructing them on Audiovisual Systems operation, maintenance and
troubleshooting.
8. Warranty: The Integrator shall warrant the Audiovisual System in accordance
with the terms of this Specification and accompanying contractual documents.
E. Permits and Fees
The Integrator shall obtain any permits and pay any fees required for the installation of the
Audiovisual Systems.
F. Material and Code Compliance
1. All materials and practices shall be in accordance with the governing standards,
requirements and recommendations of all laws, orders, codes and regulations
applicable to the Integrator and to the work being performed.
2. If in the opinion of the Integrator, an installation practice is required which is
contrary to the Bids or associated documentation, such installation shall not
commence until a written request for change or clarification has been made to
the Owner and a response issued.
3. If an item of recommended equipment, a field condition or installation practice as
specified does not meet governing code requirements, the Integrator shall bring
such conflict to the attention of the Owner, and shall facilitate resolution of
conflict with all parties concerned.
4. Integrator shall have a thorough knowledge of governing codes and standards.
Lack of awareness of any of the relevant codes and standards will not be
accepted as a reason for non - compliance.
The Integrator shall be responsible for providing cable and materials that comply
with applicable Codes and requirements of regulating bodies. The cost for these
materials shall be included in the Bid price, as the Owner shall not accept change
orders for changes in materials.
6. The Integrator shall review the General Contractor's Project Schedule and
confirm that all schedule dates can be met. Any objections, qualifications, or
exceptions must be clearly indicated with the submitted Bid. Refer to
Specification Section I -G, A for additional scheduling requirements.
G. Related Work by Others
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The Integrator shall be responsible for coordinating and assuring the compatibility of the
Audiovisual Systems with all related work, materials, and /or equipment being furnished and /or
installed by others. This shall include, but not be limited to, the following:
1. Cable Containment: All conduit, wireways, connection boxes, pull boxes, junction
boxes, pathways, and other accommodations for routing of low voltage signal
cabling, shall be supplied by others except where explicitly noted in this
Specification.
2. Technical Power Service: All electrical panels, power receptacles, lighting
fixtures, dimmers, lighting controls, and interconnecting wiring shall be supplied
by others.
3. Equipment Support Structures: Design, fabrication and installation of all structural
supports required for rigid connection of equipment items to the building structure
shall be supplied by others. This does not relieve the Integrator from the
responsibility for providing equipment mounting hardware and attachment to
structural supports provided by others.
4. Millwork and Cabinetry: All millwork and millwork modifications required to
accommodate installation of the Audiovisual System equipment and related
cabling and connections, except as may be individually identified in this
Specification, shall be provided by others.
5. Owner Furnished Equipment (OFE): Some Audiovisual Systems equipment may
be provided and installed by others as part of the building construction. Such
building related equipment shall be as described in the Project construction
documents. Additionally, there may be equipment provided by the Owner or
others (e.g., new equipment purchased by Owner, existing equipment to be
reintegrated) that shall require installation and integration by the Integrator.
6. Building Controls & Security: Including environmental control, fire - detection, fire
alarm, fire suppression and security systems.
7. Telephone: Provision of telephone services and handsets.
8. Furniture: Includes procurement and installation of furniture and furniture
systems that are part of the building construction. The Integrator shall be
responsible for providing electronic equipment racks and cabinets as maybe
installed and /or integrated into furniture items as described in this Specification.
H. Scheduling and Project Management
1. The Integrator shall provide all necessary project management and supervisory
personnel required to assure the accurate, professional, and timely
implementation of the Project.
The Integrator shall prepare and maintain a detailed Audiovisual Systems
Implementation Schedule based on the overall project schedule and the Owners
stated delivery requirements. The Schedule shall identify all primary tasks
associated with the Work and shall indicate planned beginning and ending dates
for each task.
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3. The Schedule shall be coordinated with the General Contractor and shall be
subject to review and approval by the Owner. The Integrator shall be obligated
to comply with the agreed upon installation and completion dates and shall be
liable for all extraordinary costs incurred by the Integrator in meeting the
Schedule.
4. The delivery dates for all required documentation shall be included in the
Schedule.
5. The Integrator shall ensure that all material furnished by them as part of the Work
is procured, delivered and installed in accordance with the Schedule and the
overall Project schedule.
6. The Integrator's Project Manager shall attend regular scheduled coordination
meetings at the job site to coordinate Audiovisual Systems issues during the
course of the Project.
7. The Integrator shall make Project progress /status reports to the Owner on a
regularly scheduled basis with the frequency as deemed appropriate by the
Owner. The formal Schedule shall be updated and re- issued as appropriate.
Design and Engineering
1. General System Design Procedures
The Integrator shall coordinate appropriate design review meetings with the Audiovisual
Consultant during the design and engineering stage of the Project. All submittals shall
be presented to the Audiovisual Consultant for review, comment, and approval prior to
proceeding with work on the subsequent stages of development in order to ensure that
the Audiovisual System capabilities fulfill the Owner's expectations. The date of the
design review meeting will be shown in the Project schedule supplied by the Integrator.
2. Control Software Development
The following submittals and procedures shall be followed by the Integrator when
developing the software and programming for the Audiovisual Systems. All submittals
shall be presented to the Audiovisual Consultant for review, comment, and approval
prior to proceeding with work on the subsequent stages of development in order to
ensure that the Control System capabilities and user interface designs fulfill the Owner's
expectations.
a) In general, the Integrator shall follow the guidelines for creation of
touchpanel control interfaces presented in the Dashboard for Controls
Design Guide by Infocomm International, and it's companion Design
Reference and Integrators Guide documents.
b) Prior to commencement of user interface and master processor
programming, the Integrator shall submit for approval a functional
narrative and other documentation as necessary to describe the
capabilities and operation of the Control System.
c) Prior to commencement of user interface and master processor
programming, the Integrator shall submit for approval proposed graphical
layouts for all Control System touch screen control panels. The submittal
shall utilize an interactive HTML -based graphical model that emulates the
functional and logical capabilities of the actual user interface by showing .
the interactive HTML -based screens and the proposed structure and
page sequencing for each interface.
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d) If the software emulator described above is not capable of
demonstrating the specific control functionality to be provided by the
interface (i.e., discreet button /device control functionality), the submittal
shall be accompanied by a button -by- button functional description that
identifies the discreet device and macro control functions activated by
each of the interface buttons.
e) The Integrator shall submit the above software models to the Owner
at the following stages: 50% Functionality, 85% Functionality (at Design
Review), and Final Software Configuration.
J. Documentation
1. Design Documentation
Following award of the contract and in accordance with the agreed Project schedule, the
Integrator shall submit the documentation identified below to the Audiovisual Consultant.
Drawings shall be provided in AutoCAD (version 2006 or later) and PDF format that is
current at time of installation.
a) A single -line system diagram, showing the configuration and basic
system architecture, including all equipment components.
b) Physical and logical system diagrams to port-level detail showing
topology, configuration and capacity information including spare capacity
for future upgrades.
c) Database templates or other documentation identifying any
information required from the Owner to complete the configuration of the
Audiovisual Systems.
d) Connectivity diagrams to demonstrate that all cabling interfaces are
adequately defined.
e) Proposed logical diagrams and layouts for all Control System touch
screens.
f) All control panels, connector plates, and designation strips to be
punched, engraved, or silk- screened. Drawings shall specify all relevant
terminology, engraving, finishes, colors, and materials.
g) Schematic drawings of custom circuits. (Owner approval of schematic
drawings of custom circuits shall not imply acceptance of design to
perform desired task.)
h) All proposed equipment modifications. (Owner approval of equipment
modifications shall not imply acceptance of design to perform desired
function.)
i) Shop and field wiring diagrams, including cable types and functional
description.
j) Final equipment rack elevations for all Audiovisual Systems
equipment that identify all individual equipment components.
k) Shop drawings for special equipment, including fabrication and
installation requirements.
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1) Specification sheets with dimensions and photo / rendering of all
equipment deemed to have an impact on the appearance of the facilities.
The integrator shall coordinate with the Audiovisual Consultant to identify
all such items.
m) Manufacturer's specification sheets (cut sheets) for all network and
ancillary equipment such as optical fiber patch cables, equipment
cabinets, etc.
n) A logical network diagram, showing the network configuration
including basic VLAN configuration, proposed addressing scheme,
location of routing services etc. for the Network.
o) A test plan for cabling, connections, and equipment. The test plan
shall be periodically updated to reflect any changes in project scope,
equipment functionality, and performance.
2. Completion Documentation
Upon completion of the installation, the Integrator shall submit the following
documentation to the Audiovisual Consultant:
a) Installed System: The Integrator shall provide a complete set of as-
built Audiovisual Systems diagrams in hard -copy and electronic format
(AutoCAD version 2006 or later version that is current at time of
installation and PDF). All drawings shall conform to the Project drawing
standards. At a minimum, this shall identify all Audiovisual Systems
equipment components provided by the Integrator.
b) Control System Submittals: Upon completion of the Project, the
Integrator shall submit a complete set of system software, software
programming code, and documentation as follows:
(1) Final Software Programming Code, Program Source Code
including any pre - compiled module code and documentation
(2) Control System As -built Schematic Connection Diagrams
(3) In the case of non - commercial or custom software, a complete set
of software and related documentation and information is required,
including license (if applicable) and documentation for all devices,
utilities, and tools used in the operation and maintenance of the
Audiovisual Systems.. Documentation shall be presented in such a
way as to allow the Owner the ability to perform unassisted operation,
maintenance, troubleshooting, and programming.
(4) In the case of any other commercial software, a complete set of
software including the license and documentation for all devices,
utilities, and tools used in the operation and maintenance of the
Audiovisual Systems. Provide list of manufacturer or publisher,
version, product name or model, technical and warranty support
contact, purchase date, and reseller (if not Integrator).
(5) The Integrator shall provide an electronic copy of the final working
software /hardware configurations all configurable Audiovisual
Equipment saved to a CD -R, labeled, and accompanied by a total and
complete reload procedure that has been tested by the Integrator and
the Owner.
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(6) The Integrator shall provide a disaster recovery plan or procedure.
(7) The Integrator shall provide a document outlining suggested
maintenance of the systems and component manufacturer warranty
durations.
c) Hardware Documentation: The Integrator shall supply two hard copies
of the items identified below for each installed product. The Integrator
shall also provide electronic copies of such documentation in a readily
accessible format if available from the manufacturer.
(1) User Manuals
(2) Technical Manuals
(3) Product Data Sheets
d) As -built Equipment Inventory: The Integrator shall provide a complete
inventory of installed equipment components detailing the actual
installation of equipment in each room. This inventory shall include:
(1) Any Network Address assigned to IP configurable equipment.
(2) Number of inputs /outputs ports and connection types available
upon completion of installation.
(3) Modules /blades /cards installed in each component.
(4) Serial numbers for each component
(5) Spare parts available
e) Warranty and /or Maintenance Contract Information: The Integrator
shall provide all information appropriate for the Owner to make use of the
supplied warranty and /or maintenance contract. At a minimum, this shall
include:
(1) Warranty and /or Maintenance Contract identification numbers
when required.
(2) Contact information necessary to take advantage of Warranty
and /or Maintenance contracts.
(3) Coverage dates for each system element installed.
K. Delivery and Storage
Costs of shipping all Audiovisual Systems equipment and related materials
(including shipping material to the site as well as costs of unusual off site storage
requirements) shall be borne by the Integrator. It shall be the responsibility of the
Integrator to make appropriate arrangements with the authorized personnel at
the site for the acceptance, handling, protection, and storage of equipment
delivered to the site. The Integrator retains ownership of the equipment until
Final Acceptance of Systems.
2. The Integrator shall make every reasonable effort to protect the Integrator's
finished and unfinished work against damage or loss during delivery and storage.
3. The security of any equipment and /or tools provided by the Integrator for the
purpose of installing this system shall be the responsibility of the Integrator.
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4. The Owner shall retain the right to inspect all systems and equipment stored off
site.
L. Training
The Integrator shall provide at least 40 hours of training for the Owner's maintenance and /or
technical staff to become proficient in the general operation, routine maintenance,
troubleshooting, and other basic system support functions. The Integrator shall provide a
training plan that identifies the level of training associated with varying skill levels of user groups
working with the hardware and software from the Owner's staff.
M. Warranty
The Integrator shall warrant the Audiovisual Systems as follows:
Basic Warranty:
a) The Integrator shall warrant the Audiovisual Systems to be free from
faults and defects in system design and workmanship. This Basic
Warranty coverage shall include all custom designed equipment and the
overall Audiovisual Systems installation. Basic Warranty shall be effective
for a period of one (1) year from the date of acceptance of the Audiovisual
Systems acceptance by the Owner.
b) Within the period of Basic Warranty coverage, individual
manufacturers' equipment warranties shall apply to all purchased
equipment. In the event that the manufacturer's warranty has expired on a
failed device (i.e., equipment warranty of less than one year), the Owner
shall be responsible for the actual cost of any required repairs. All
manufacturers' equipment warranties shall be effective as of the date of
Owner Acceptance.
c) Response time for Basic Warranty service work shall be no longer
than two (2) business days from the time a request for service is
submitted to the Integrator by the Owner.
d) The Integrator shall warrant that all equipment, materials and
components installed are new at the time of installation. No used or
reconditioned equipment shall be acceptable.
e) If equipment modification by the Integrator voids the manufacturers'
warranty, the Integrator shall assume the equivalent equipment warranty.
2. Extended Warranty
The Integrator shall propose to the Owner the offer of Extended Warranty coverage for
the Audiovisual Systems. Extended Warranty shall be optional warranty services offered
by the Integrator and accepted by the Owner that extend, expand on and /or complement
the Basic Warranty coverage required by this Specification. Any provisions of Extended
Warranty coverage shall not release the Integrator from responsibility for performance of
all requirements under the Basic Warranty coverage.
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II. VENDOR BID REQUIREMENTS
A. General Bid Requirements
Bids shall be submitted in accordance with the instructions outlined in the bid
documents.
2. Bids received by the Owner that omit any portion of these submittal requirements
may be deemed non - responsive.
3. The cost for preparing any Bid shall be borne solely by the Bidder. No part of the
cost of preparing the Bid shall be incorporated into the Bid itself.
4. Bidder warrants upon submission of Bid that the Bidder has reviewed all
construction drawings, construction specifications, system description
documents, and related contract documents for the Project and that the Bid
submitted is inclusive of all labor, materials and supplies required to deliver the
complete operational Audiovisual Systems as specified.
5. All equipment proposed and supplied by the Bidder shall be new, in current
production, and shall meet or exceed the technical and functional performance
requirements outlined in this Bid and in the Integrator's approved design
drawings and specifications.
B. Bidder Selection Criteria
The lowest Pre - qualified Bidder shall be contracted to perform the Work.
C. Personnel
The Bidder shall confirm explicitly that the personnel who shall be employed to
carry out the Work are suitably trained in the management of a project of this
nature, and in the installation and maintenance of equipment of the type being
provided in order to carry out all work in a competent manner.
2. All Bidder personnel conducting work on -site shall be required to complete all
safety training required by the projects General Contractor or Owner.
D. Compliance with this Bid
The Bidder shall comply with this Bid in all respects and shall provide a statement confirming
compliance with the Bid. Where it is not possible to comply fully, the Bidder shall:
Offer a suitable alternative stating clearly how it differs from the specification.
2. State whether or not the item can be made fully compliant, and if so, at what
cost.
3. Where Bidder alternatives are offered, the Bidder shall clearly indicate the
differences in cost and functionality between the requirement and the Bidder's
alternative.
E. Price Summary Schedules
1. The Bidder shall provide the pricing summary information as delineated in the
Price Summary Schedules provided as an appendix to this document.
2. Itemized pricing for all components, including material, freight, taxes, installation,
commissioning, programming, configuration, training, warranty, and other costs
shall be provided with the Bid documents.
3.
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F. Bid Documents
Submit a proposed project schedule. Although the Project Schedule section of
this Bid contains anticipated dates for completion of the Work, Bidders are
encouraged to review these dates and make their own assessment and schedule
that allows the project to be completed ahead of the dates shown on the Project
Schedule.
2. Submit a list of any anticipated work on the Project that the Bidder may
subcontract. For all subcontracted work, bidder shall describe the work and
identify the proposed subcontractor. Appropriate qualification information shall be
submitted for each subcontracting firm.
3. Bidder shall submit system and equipment technical information in accordance
with the following:
a) Bidder shall submit itemized lists of all equipment proposed to be
supplied. Itemized equipment listings must include all equipment
necessary to develop the complete functioning systems, whether or not
the equipment is specifically identified in this Bid.
b) Technical data sheets for individual equipment items shall be provided
upon request from the Owner. Information provided must clearly indicate
how the item described meets the specified functional requirements.
c) The Bidder may choose to submit single line drawings to clarify the
systems architecture design and component connectivity throughout the
Audiovisual Systems Bid.
4. Bidders shall submit Bid pricing information in accordance with the following:
a) Each piece of equipment shall be individually priced in the itemized
equipment lists submitted. Sub totals shall be provided for each unique
system and sub system as defined within this Bid.
b) Bid pricing shall include separately itemized costs for providing
warranty support as described elsewhere in this Bid.
c) Bid pricing shall separately itemize incremental costs associated with
on -site installation work performed outside regular business hours and /or
any overtime work required to meet the indicated schedule.
5. Bidders shall submit a proposed preliminary training schedule indicating the
number and duration (in hours) of training sessions proposed for each
component of the Audiovisual System. This training schedule shall also clearly
indicate if a particular training session will be conducted by the Integrator or a
third party, for example an equipment manufacturer.
6. Other bid submittal requirements:
a) Bidder shall submit a Warranty Statement clearly identifying any
exclusions or conditions affecting warranty of the Audiovisual Systems.
Minimum warranty coverage (Basic Warranty) is defined in the Scope of
Work. Bids submitted that do not include Basic Warranty coverage may
be deemed non - responsive.
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b) Bidder shall submit descriptions and pricing for any Enhanced
Warranty coverage or Maintenance Support that extends beyond the
coverage of Basic Warranty and may be available at the Owners option.
Owner shall retain the right to accept or reject Enhanced Warranty and
supplemental support services as proposed up until commencement of
Basic Warranty.
c) All other submittal requirements as maybe delineated in the Owner's
documentation as presented with this Bid and invitation to Bid.
G. Bidder Requests for Information (RFI)
Bidders may submit questions and requests for information or clarification of the requirements of
this Bid. Bidder Requests for Information must be submitted in writing on or before the
designated deadline date, and in accordance with the procedures identified in the cover
documentation provided by the Owner with this Bid. The Owner shall respond in a single written
response to all requests received by deadline date. Responses shall be circulated to all bidders
shortly following the deadline date. Requests received by the Owner after the cut -off date shall
not be considered or responded to unless it is determined by the Owner that the matter raised
has a critical impact on the requirements of the Bid or the bidding process.
H. Quality Assurance
The Bidder shall state whether the Bidder is registered under ISO 9000 or similar quality
registration and, if so, state the date of registration. The Bidder shall describe the procedures to
be used to ensure that the work on site shall be to the required standard.
I. Spare Parts
The Bidder shall state the guaranteed period, from the service commissioning date, for stocking
spare parts. Spare parts shall include amplifiers, microphones, processors, power supplies,
etc., and other standard piece parts which if faulty, present a service outage to the Owner.
J. Other Bid Requirements
In addition to the Bid submittal requirements delineated in this Bid, the Owner may, in the cover
documentation presented with this Bid, identify other requirements that must be fulfilled by the
Bidder. Bids received that do not comply with all stated requirements shall be disqualified.
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III. EXECUTION OF WORK
The sections below provide a narrative overview of the specific functional, technical, and
operational requirements and capabilities of the Audiovisual System. Please refer to the
Appendix A - Audiovisual Systems Diagrams (AV0.1, AV10.11, AV10.12, and AV10.13),
as well as Appendix B — Major Equipment and Approved Manufacturers List.
A. Old Town Audio System Upgrade — Technical Systems Description
New Audio System Upgrades
a) Refer to AV10.11 which shows the current site plan with the 6th Street
audio control room head end, the street side audio amplification boxes,
and the speaker zones throughout Old Town.
b) All of the audio systems shown clouded on AV10.12 will be replaced
with a new Digital Signal Processor, which will include Cobranet and
Desktop Control Application Software (DiVinci). This software will reside
on a new local computer that can be access over the network for remote
control and diagnostics.
2. New System Source Equipment
a) All source equipment shown clouded on AV10.12 will be replaced as
well. See Appendix B for full list of replacement equipment.
3. New Control System
a) All control system equipment will be replaced, per Appendix B list of
replacement equipment.
b) There is a rack mounted control panel that will be used for remote
access and control capability over the network.
4. New Equipment for Street Side Equipment Rack B,
a) Street -side equipment Rack A distribution equipment and hardware
will be consolidated into street -side equipment rack B. AV Contractor is
to provide new amplification and cabling, and relocation of any needed
gear from Rack A to support Rack A distributed speakers from the new
Rack B configuration. The old Nema 4 enclosure will be removed by
others.
5. The AV Contractor will be responsible for coordinating with the Architect,
Consultant, and other project team members during the integration of this
system.
B. Civic Center Quad/Town Center Audio System — Technical Systems Description
Sources
a) This system will be used for both live speech and for background
music. Music sources shall be originate from the Civic Auxiliary room,
and from the 6th Street Old Town audio control room. Speech will be
originated locally by both hardwired and wireless microphones.
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b) The AV contractor shall provide a signal link between the 6th street
audio control room in Old Town and the Civic Auxiliary Room equipment
rack. This requirement allows for the extension of audio sources from Old
Town into the Civic Quad and Town Center areas.
c) AV contractor will utilize existing conduit pathways between the Civic
Center and 6th Street, provided by the General Contractor. As for cabling
pathways for Line Array Loudspeakers, microphones, and microphone
antennas, these will be provided by the General Contractor.
Line Arrays
a) There are to be two (2) 40" passive line array column loudspeakers
installed on the front exterior of the Civic Center, directly in front of the
main Quad area, as indicated on drawing AV0.1. In addition, there will be
two (2) 20" passive line array column loudspeakers installed on lighting
poles in the Town Center, as indicated on AV0.1.
b) There are two (2) additive alternate line array column loudspeakers
that are to be included in the bidders proposal. If included in the final
system design, these will provide extended coverage in the Quad area.
Note that the addition of these loudspeakers will also require additional
DSP output cards, as indicated on the equipment list.
c) The AV Contractor will be responsible for coordinating with the
Architect, Consultant, and other project team members during the
integration of this system.
3. Digital Signal Processing and Amplification
a) This system will utilize existing equipment in the Civic Auxiliary room
equipment rack. The AV Contractor will coordinate with the Owner and
/or other project team members to integrate the additional input output
cards in the DSP. The AV Contractor will also be responsible for making
any necessary adjustments to the digital signal processing configuration
file, for any signal flow, equalization, delays, etc. needed for final
commissioning of the this system.
4. New Control System
a) All control system equipment will be replaced, per Appendix B list of
replacement equipment.
b) There is a rack mounted control panel that will be used for remote
access and control capability over the network.
5. New Equipment for Street Side Equipment Rack B,
a) Street -side equipment Rack A distribution equipment and hardware
will be consolidated into street - side equipment rack B. AV Contractor is
to provide new amplification and cabling, and relocation of any needed
gear from Rack A to support Rack A distributed speakers from the new
Rack B configuration. The old Nema 4 enclosure will be removed by
others.
C. Technical Performance Requirements
The Audiovisual System will follow the Technical Performance Requirements described below:
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Equipment Specifications
a) Like Components
All like devices used in the Project shall be the same (i.e., manufacturer,
model). Standardization of like components will enable consistent
Audiovisual System functional and technical performance, familiar
interface capabilities, and efficient maintenance and support. Should
limited product availability or other factors impair the Integrator's ability to
provide like components throughout the Project, the Integrator shall
immediately bring the situation to the attention of the Audiovisual
Consultant so that an appropriate course of action can be identified.
b) Approved Equipment Manufacturers
The Audiovisual Consultant has provided an approved manufacturer
equipment list for the Audiovisual System. It is preferred that components
of the system solution proposed shall be sourced from the manufacturers
identified in Appendix B: Major Equipment and Approved Manufacturers
List. If the Integrator proposes to substitute an alternate manufacturer,
the proposed submittal shall be presented to the Audiovisual Consultant
in accordance with the procedures identified elsewhere in this
Specification.
c) Additional Equipment Components and Spares
The following Additional Equipment Components shall be provided by the
Integrator as a part of the Audiovisual System:
(1) Uninterruptible Power Supplies (UPS): The Integrator shall
provide UPS equipment in each equipment rack, except the audio
amplifier rack. In the event of a power failure, each UPS shall be
capable of powering devices for a minimum of 20 minutes at full
operating load.
(2) Power Conditioners: The Integrator shall provide power
conditioners in each equipment rack to protect electronic equipment
from fluctuations in building power supply. Power conditioners shall
derive line voltage power from the UPS in each equipment rack, or
may be integral with the UPS.
(3) Computer (VGA) Interface Cabling shall be provided by the
Integrator as a part of the Audiovisual System. The Integrator shall
provide all cabling necessary to connect wall and rack mounted
computer and laptop audio and video interfaces to Owner furnished
(OFE) laptop and desktop computers as specified in this document.
(4) Spares: The Integrator shall provide the following spares:
(a) Microphone foam covers — (1 complete set)
2. Audiovisual System Performance Requirements
The individual elements of the complete integrated Audiovisual System shall
meet or exceed the technical performance defined below.
a) Audio Systems
The audio systems, when properly installed and adjusted shall meet the
following performance criteria:
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(1) Loudness: Through the general listening area the media and /or
voice audio systems shall produce an undistorted sound level greater
that 90dB when reproducing typical program material. This shall be
verified after the system has been equalized to meet frequency
response specifications. An approved sound level meter set to "C"
weighting and "SLOW' meter response shall be used to make this
measurement. The audio system should be able to provide 100 dB of
headroom or the ability to produce program peaks of 100 dB.
Program peaks should not produce any type of audible distortion.
(2) Hum and Noise: With system gain set for 90dB peak levels from
any normal program source, electrical noise should not exceed 0.2
volts RMS at power amplifier output terminals. Operation of various
system controls such as program source, gain control, lighting
controls, etc. should not introduce objectionable noise into the system.
(3) Frequency Response: Using accepted and approved 1/3- octave
analysis procedures, the response of each audio channel will be
equalized to provide a "flat" frequency response curve over the
frequency spectrum of the specified equipment. This requirement
may be relaxed if the Owner requests a modified response curve to
meet specialized requirements. It is important that loudspeaker
crossover settings and equalization be trimmed to result in the closest
possible match between each speaker channel, as measured at a
favorable centralized listening position.
(4) Signal to Noise Ratio: (inclusive of cross -talk and hum) Signal to
noise ratios should be measured using an approved sound level
meter, set to 'linear" weighting'and "SLOW" meter response. Unless
restricted by the undistorted output level of the system, the overall
system SIN ratio should be greater than 70dB.
(5) Total Harmonic Distortion: With the exception of microphones and
speakers, the published THD for any piece of,audio equipment in the
system should not exceed 0.1 % over a 20 Hz to 20 kHz bandwidth.
b) Analog Video Systems
The video systems, when properly installed and adjusted shall meet the
following performance criteria:
(1) Differential Gain: Using a standard spectrum analyzer and test
signal the differential gain should not exceed 3 %. Any variation in
color saturation should also be subjectively reviewed.
(2) Differential Phase: Using a standard spectrum analyzer and test
signal, the differential phase should not exceed 2 %. Any variation in
color hue should also be subjectively reviewed.
(3) Signal to Noise Ratio: The un- weighted DC to 4.2MHz signal to
noise ratio should be 55dB minimum (inclusive of cross -talk. Peak to
RMS).
(4) Frequency Response: The frequency response for any piece of
video equipment in the system should not vary more than +/ 0.5dB
DC to 4.2MHz.
(5) Line and Field Tilt: Less than 2%
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(6) Color Timing: Within 3 degrees at 3.58MHz.
c) Audiovisual Control System
(1) Hardware Performance Requirements
(a) The Integrator shall be responsible for providing all
control processing, communication and connectivity
hardware as required to deliver a complete, operational
integrated system.
(b) The Control Systems shall provide either auto - sensing
network configuration or manual network configuration on
10 or 100 base T networks.
(c) The Control System shall fully support Domain Name
Server (DNS) and Dynamic or Static Host Configuration
Protocol (DHCP) for all network communication.
(d) The Control System shall support asynchronous
communication providing the ability to send and receive
data at the same time.
(e) Master Control System processors shall support
multiple levels of security for secure network access to the
system.
(f) The Control System shall support the Owner's IT
Systems' network firewall, gateway, and network routing.
(g) The Control System shall support control of devices via
Ethernet control, serial control, or infrared control.
(2) Software Performance Requirements
(a) The Integrator shall be responsible for providing all
software, and all software configuration, setup, and
programming as required to deliver a complete, operational
integrated Control System providing the user control
functionality designated in the Specifications.
(b) All software programming must be included in the
scope of the Integrator's work. No portion may be omitted
from the scope of Integrator's work. Bids excluding any
portion of the software programming will be deemed
non - responsive.
(c) All commercial software provided by the Integrator, as
part of the Project shall be procured and transferred in full
compliance with the publisher's copyright, licensing, and
other requirements of ownership and use. All software
license agreements shall be registered in the name of the
Owner.
iz'
(d) The Owner shall retain full rights to all custom
software, programming, and software configuration
programming code developed by the Integrator as part of
the Project. This shall include the right to use, reproduce,
and modify the software and software programming code
as reasonably required to operate the Audiovisual Systems
and to support their ongoing utility, maintenance, and
development.
(e) The Audiovisual Control System programmers shall be
trained and certified by the system manufacturer. The
Integrator must be certified as a dealer in good standing
with the manufacturer of the Audiovisual Control System
hardware and software.
(f) As part of the Control System design, the Integrator
must provide the means and define the procedures for
backup of the Control System software and programming
code. This backup system may include a removable -type
memory backup or a network server backup procedure via
FTP transfer, or CD -R.
3. System Assembly and Installation
a) Physical Installation
Installation shall include, but not be limited to, the following:
(1) Uncrating, setting in place, fastening to walls, floors, ceilings,
counters, or other structures where required of all equipment except
as otherwise noted.
(2) Interconnect wiring of the components of the system.
(3) Equipment alignment and adjustment.
(4) All other work whether or not expressly required herein which is
necessary to result in a completely tested and operating system.
(5) All equipment shall be firmly secured in place unless requirements
of portability dictate otherwise. Fastenings and supports shall be
adequate to support their loads with a safety factor of at least three (3)
times.
(6) All boxes, equipment, etc. shall be plumb and square.
b) General Execution of Work
(1) All assembly and material cutting shall be limited to a working
area specifically designated for this purpose.
(2) Cable and wire stripping scrap and conductor strands shall be
kept away from sensitive electronic equipment such that loose pieces
do not become lodged inside equipment.
(3) All racks, consoles, connection boxes and other equipment
enclosures shall be degreased and vacuum cleaned prior to
installation of equipment or panels.
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(4) The Integrator shall take measures to protect all cabinets,
casework, finished flooring, wall coverings, equipment, and other
surrounding objects from damage resulting from its work. This shall
include, but not be limited to, the installation of temporary protective
coverings. Any damage resulting from the work of the Integrator shall
be corrected by the Integrator at no additional cost to the Owner.
(5) Prior to shipment to site, all major pieces of equipment shall be
unpacked and checked thoroughly at the Integrator's premises. The
Owner will not be liable for any delays of completion in installation due
to defective equipment being received by Integrator.
(6) All equipment racks and sub assemblies shall be constructed at
Integrator's premises. This will include, but not be limited to, wiring,
labeling, dressing, supports, and ventilation.
(7) All spaces shall be cleaned as an ongoing activity. The Integrator
shall vacuum clean all work areas and remove all debris, scrap, and
waste at least every week, and after any substantial debris
accumulation. At the conclusion of the work in a given room area, a
final vacuum cleaning of all such access spaces shall be performed.
All loose items, including those that were existing at the start of the
work, shall be removed. Wet mopping shall be performed on flooring
only when other dry cleaning methods are insufficient. No brushing or
wet cleaning of equipment shall be permitted.
(8) The Integrator shall generate any additional drawings or
information required for fabrication, installation and wiring of the
system.
(9) The Integrator shall be responsible for the proper alignment,
adjustment and calibration of all audiovisual equipment including
equipment specified as Owner Furnished Equipment (OFE), and shall
provide all personnel and test equipment for the system test and
adjust.
(10) The Integrator shall be responsible for verifying the compatibility
of all equipment and related hardware with related work performed by
others. This includes, but is not limited to, electrical, mechanical,
structural, and all finish work.
(11) The Integrator shall furnish all software necessary to operate
software controlled audiovisual equipment or sub systems (e.g.
remote control system). Whether produced by the Integrator or
supplied by a software manufacturer, all software will be installed and
tested prior to the delivery of equipment to the site.
c) Equipment Installation
(1) Equipment Racks
The Integrator shall use metal equipment racks of standard height
unless otherwise specified. Whether a metal rack or custom cabinetry
is used, the following shall apply:
(a) Equipment mounting shall conform to industry
standards of 1 3/4" rack units.
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(b) The Equipment Rack shall have a lockable front and
back door.
(c) The Integrator shall only use rack rails that are tapped
for #10 -32 screws (no clip nuts shall be used).
(d) The Integrator shall implement a general ventilation
scheme for all consoles and racks in the Project. A
proposed scheme shall be presented to the Audiovisual
Consultant for approval prior to execution of the work.
(e) Provide blank rack panels in all rack openings not
occupied by equipment. Blank filler panels shall not
exceed three rack units in size. Panel color shall be matte
black. Perforated panels may be used to aid in proper
ventilation.
(f) All devices within equipment racks shall be mounted to
the equipment rack. No devices shall be resting atop or
mounted to other devices within the equipment racks.
(g) Devices will be mounted in the racks in logical order.
Generally, signal flow should move from the top of the rack
to bottom. Heavier devices should be mounted in the
lower portion to ensure that the assembly is not too top
heavy. Frequently used devices will be mounted at the
optimal elevation for operator use.
(h) Each rack shall be uniquely identified with an
engraved, self- adhesive label affixed to the front top frame.
The size and appearance of these labels will be reviewed
for approval by Audiovisual Consultant.
(i) Integrator rack logo panels shall be confined to a single
rack unit. Rack logo panel graphics shall be submitted for
approval by the Audiovisual Consultant. Rack logo plates
shall identify the name of the Integrator, the Audiovisual
Consultant, and the name of the Owner.
(2) Cable Dress
(a) In general, cable dressing shall be considered from a
maintenance standpoint. Suitable service loops shall be
provided to allow removal of equipment, or to extend
equipment that is mounted in the rack on rack slides.
Where there is no rear access to the rack mounted
equipment, this requirement shall be carefully addressed,
and cabling shall be of sufficient length to enable the
removal and replacement of any individual piece of
equipment with all others in place.
29
(b) It is expected that the Integrator will fabricate some
portions of the systems off site. Pre- wiring is acceptable
provided that the pre wired assembly can easily be
transported to its final location without complication, and
without risk of cable or equipment damage. Use of
intermediate connections for inter rack cables is not
acceptable.
(c) Equipment specified as "Future" shall be
accommodated with cables installed and routed normally,
with the unterminated end being labeled, sealed in a
plastic bag, and tagged appropriately.
(d) The Integrator shall be responsible for determining the
proper length of all cables whether manufactured on or off
the job site.
(e) The Integrator shall determine the desired method of
securing cables. All of the following requirements must be
met by the system:
(i) Plastic cable ties are the preferred method of
cable lacing. Lay in systems are not acceptable
except as applied to a horizontal cable tray.
(ii) Wires and cable shall be installed in a neat and
orderly fashion, with like cable types following
similar paths. Groups of cables shall be neatly
combed and harnessed. Harnessed groups of
cables shall be anchored at suitable intervals to
reduce and relieve wire strain, especially strain on
connections. Adequate service loops shall be
provided at all cable endpoints.
(iii) Some rack - mounted equipment utilizes slide
assemblies for front extension while in operation.
For this type of mounting, additional, carefully
dressed service loops on all cables shall be
provided and installed with spring operated cable
retractor assemblies to gather and recoil the
service loop.
(iv) For all schemes of cable routing, no point in the
path shall be subjected to a bend radius of less
than eight (8) times the cable diameter, or minimum
cable bend radius specified by the manufacturer.
(v) Captive cables shall not be laced in such a
manner as to prevent removal of the equipment to
which they are captive.
(f) Wires and cables shall be segregated according to
signal type. In addition, audio cable shall be subdivided
into three (3) classes: microphone level circuits, line level
circuits, and speaker level circuits.
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• Microphone level audio circuits shall be kept at least
three inches (3 ") from any other type of parallel signal
circuits and at least six inches (6 ") from any parallel AC
power circuits.
• Speaker level audio circuits shall be kept a minimum of
three inches (3") from line level audio and AC power
circuits. All other signal circuits shall be kept at least
three inches (3 ") away from any parallel AC power
circuits.
• Where circuits of different types must cross, they shall
do so at right angles and then return to the above
required separations in as short a distance as possible.
(g) Conductors, wires, and cables shall be continuous
between termination points. Splices are not acceptable.
(h) Cable tie and lacing installation shall be accomplished
using hand tools specifically designed to apply proper
tension to the cable tie, and to cut the end off flush with no
protruding sharp edges. The Integrator's field supervisor
shall spot check assemblies using cable ties both visually
and by touch, thereby detecting any sharp edges of
improperly cut cable ties. Install cable ties on all cable
runs of two or more cables that are not supported by
raceway, cable tray, or other means. Place cable ties
approximately six inches (6 ") apart. Do not use more
cable ties than are necessary for a neat installation. Cable
ties shall not be applied with excessive force that may
damage or deform sensitive and fragile cables.
(3) Cable Types
All cables installed shall meet appropriate governing codes and
standards. The following cable types are recommended for use:
(a) Component Analog Video: 5- conductor, High Res.
Coaxial, 26 AWG.
(b) S Video: 2- conductor, S- video, 26 AWG.
(c) Composite Analog Video: RG -59/U Coaxial, 20 AWG.
(d) Audio - Speaker: Single twisted pair, 12 AWG.
(e) Audio - Microphone: Single twisted pair, shielded, 22 .
AWG.
(f) Control: Multi conductor, overall shield 24 AWG.
(g) Partyline Intercom: Single twisted pair, shielded, 20
AWG
(h) Serial Data: Multi conductor, overall shield, 24 AWG,
low capacitance
(i) Broadband Television: RG -111U Coaxial, 14 AWG.
(4) Cable Labeling
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(a) Provide unique cable designation on each distinct wire
or cable. Labels shall be installed within two inches of
connectors, unless this interferes with disassembly of the
connector.
(b) The Integrator shall submit a sample of their cable
labeling standards to the Owner and Audiovisual
Consultant for review and acceptance.
(c) Labels shall be installed in such a manner as to be
visible without unlacing any harnesses.
(5) Power Cords
(a) All equipment power cords shall terminate in a
standard plug that shall be wired in compliance with
governing codes and standards.
(b) Power cords may be laced to the racks as long as the
cords are removable at the power connector on the piece
of equipment. This is to allow removal of the equipment
without undoing the cable lacing. Power cords shall not be
laced in the same bundle with signal or control cables. If
the power cord is an active component of the equipment,
the cable shall be dressed separately from all other cables
terminating at the equipment to facilitate easy removal of
the equipment.
(c) All power plugs shall be labeled with the component's
label name.
(d) All power cords shall be plugged into an AC power
distribution strip which will be pre -wired into the rack prior
to delivery to site
(6) Cable Termination
(a) Wire and cable termination shall be performed in
accordance with Broadcast Industry Standards and the
guidelines of generally accepted professional installation
practices.
(b) With respect to audio equipment interconnects, the
Integrator shall make every effort to use equipment with
balanced inputs and outputs. When this is not possible,
such as the case to meet specification, the following are
recommended (in order of preference):
An electronic balancing device (professional interface)
or balancing transformer should be utilized.
In the case of an unbalanced output driving a balanced
input, forward referencing should be utilized.
An active balanced to unbalanced interconnect is not
recommended.
4. Electrical Requirements
a) Technical Power
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(1) Technical Power, defined as AC power dedicated to the
audiovisual equipment and other critical audiovisual systems, will
service the Audiovisual System.
(2) All racks and cabinets shall have pre -wired AC power strips for
Technical Power distribution within the rack. The assembled rack
internal power strips shall conform to approved testing laboratory
specifications. Each circuit shall consist of a "hot" wire, a dedicated
neutral wire, and a dedicated ground wire of equal current carrying
capacity.
(3) The Integrator shall coordinate the power interface between the
equipment enclosure and the building with the Audiovisual Consultant.
The Audiovisual Consultant will provide Technical Power at locations
adjacent to audiovisual equipment where specified.
(4) The Audiovisual Systems shall be designed so that power may be
supplied or removed smoothly or abruptly at any time without causing
damage to system equipment.
b) Grounding Practices
(1) Technical Ground shall be defined as the ground or earth
protection that is dedicated to the Technical Power service supplying
electrical power to the audiovisual systems.
(2) Because of the great number of variations possible in a grounding
system, it shall be the responsibility of the Integrator to follow good
engineering practices as outlined below, and to deviate from these
practices only when necessary to minimize cross -talk and to maximize
signal to noise ratios in audio and video systems.
(3) In order to minimize problems resulting from improper grounding,
and to achieve maximum signal to noise ratio, the following grounding
procedures shall be adhered to:
(a) A uni -point ground scheme shall be maintained
throughout the systems. A dedicated ground buss bar
shall be provided for the exclusive use of the Audiovisual
Systems. This buss bar shall serve as a termination point
for all equipment rack frame grounds and AC power panel
isolated ground conductors. The Audiovisual Systems'
Technical Ground buss bar will be connected to the central
facility ground at one point only.
(b) Each audiovisual system equipment rack will be
connected to the Technical Power ground buss bar via a
dedicated eight (8) gauge green copper wire. The
Audiovisual Systems equipment racks will be isolated from
building steel, cable trays, electrical conduit and any other
object or device that would compromise the isolated
ground system. All conduits entering the equipment racks
will be isolated from the enclosure itself with an insulated
fitting.
33
(c) All devices in the audiovisual system racks shall be
serviced with a grounded AC outlet. Devices having two
(2) prong power cords shall also have a fourteen (14)
gauge green copper wire connected from the chassis to
the grounded copper buss bar mounted to the equipment
rack frame. Under no circumstances shall the prong of a
three (3) prong power cord be removed.
(d) Audio cable shield shall be connected to ground at one
point only. Exceptions may be made for phantom powered
microphones and some ICM and IFB systems. This
ground point shall be at the system ground of the
destination device, which shall be strapped to the system
ground in the rack. For intra rack wiring this requires the
shield to be connected at both ends, but grounded at only
one end.
(e) All video receptacles shall be insulated from the
mounting panel, outlet box, or wireway. Unless otherwise
detailed, this shall be accomplished by using insulated
from panel type receptacles.
(f) The Integrator shall take care to consider ground
references within each device and the grounding factors
on site.
D. Architectural Integration Requirements
The following information is provided to clarify critical elements of the Audiovisual System
integration into the buildings and to identify specific design intent throughout the Project. Some
of the work and conditions described may be wholly or partially the responsibility of others. The
Integrator shall be responsible for ensuring that the Audiovisual System is fully compatible with
the designs, equipment, fabrications, and conditions described.
1. Rear Projection System
The Integrator shall be responsible for providing the rear projection screen, frame, mirror
and mirror frame as specified, and for coordinating the installation of this equipment into
the Rear Projection Room with the General Contractor.
2. Computer Workstation Integration
The Integrator shall be responsible for providing all miscellaneous material required to
provide the complete integration of owner furnished computer equipment with the
Audiovisual System. With the aim of providing clear and simple user connection of
computers to the Audiovisual System, the Integrator shall observe the following
requirements:
a) The Integrator shall securely attach any applicable interface
electronics in a position that provides easy access for connection of
signal cables as well as adjustment and service of the electronics by
system maintenance personnel. No loose equipment will be accepted
unless specifically directed otherwise.
b) All computer video connections at the end user positions (e.g., laptop
connections) shall utilize standard VGA -type (15 -pin HD) signal
connections.
34
c) Where required, the Integrator shall provide all necessary breakout
cable(s) to convert the 15 pin HD computer output connection to the
appropriate input connection at the computer interface, switcher or other
designated device.
d) Computer interface connections shall accommodate audio signal
connections with corresponding computer video signals.
e) Clearly label all connection points and cables.
f) All power and signal cables shall be neatly dressed with removable tie
straps (e.g., Velcro) or other means for securing loose cables when not
connected or in use.
3. Equipment Racks
Equipment Racks shall be mounted in the Video Room and City Clerk's desk, as
specified. The Integrator shall be responsible for coordinating the final location of the
racks and electrical service required with the Electrical Contractor and Audiovisual
Consultant. Additionally, the Integrator shall be required to coordinate final equipment
room environmental provisions with the Electrical Contractor and Audiovisual
Consultant, as to verify that there is proper HVAC for the specified equipment.
4. Furniture, Millwork & Cabinetry
Except as identified in this Specification, all millwork and millwork modifications required
to accommodate installation of Audiovisual equipment (including related cabling and
connections) shall be provided by others. The Integrator shall coordinate with the Owner,
furniture suppliers and millwork contractors as required to ensure that the Integrator
clearly understands the intent of the equipment integration concepts and that the work of
the other trades and suppliers is compatible with the work and equipment provided by
the Integrator. This shall include workstation, lectern, credenza, and table locations
which are provided by the Owner, and shall include, but not be limited to, the installation
of cable pass - throughs, grommets, equipment (e.g., microphone, touch screen, tabletop
pop -ups) mounting and location of electrical elements.
E. Testing & Owner Acceptance Procedures
1. Installation Testing and Adjustment
The Integrator shall perform all tests and adjustments, shall furnish all test equipment
necessary and perform all work required to verify performance of the system in
accordance with these Specifications and the Integrator's test plan (discussed in Section
1 -G: Documentation). When these initial tests and adjustments are completed, the
Integrator shall notify the Audiovisual Consultant that the systems are in compliance with
the Specifications and are ready and complete for Acceptance Tests. The scope of this
work includes, but is not limited to the following:
The acceptance testing process shall reference this Audiovisual Systems Specification
for specific system requirements. There are two distinct procedures in the overall
acceptance testing process outlined in this section, the Substantial Completion and the
Final Acceptance. Often times, punch lists and incomplete work will preclude
considering the first review of the systems for final acceptance. With this in mind, and
the Substantial Completion acceptance testing is the first step towards acceptance and
will give the Audiovisual Consultant and Owner a chance to create punch lists.
Typically, Final Acceptance occurs after all punch lists are completed, the Owner has
35
had some time to work the systems (after the systems are Substantially Complete), final
documentation is given to the owner, and all training is performed.
Additionally, the Owner shall retain the right to hire a consultant to test the Audiovisual
Systems. Delays to this consultant caused by incomplete work, improper wiring, or
inoperative equipment may result in consultant's time being billed to the Integrator at
current consulting rates. In the event further adjustments are required, or defective
equipment is to be repaired or replaced, tests shall be suspended or continued at the
option of the Owner.
2. Substantial Completion
Audiovisual System Substantial Completion acceptance testing will consist of verifying
overall system functionality, internal rack functions and wiring, external device functions
and terminations, and device operation. The Owner and Audiovisual Consultant will spot
check the systems installed by the Integrator in accordance with the standards and
practices delineated in the Specification documentation. The following requirements will
be considered the basis for establishing Substantial Completion of the Audiovisual
Systems.
a) Provide as -built equipment list.
b) Provide redlined design drawings, rack layouts, spreadsheets, and
any other relevant and current documentation.
c) Integrator's Punch List: Provide an internally constructed punch list of
known devices, cables, or systems that are incomplete. Audiovisual
Consultant and the Owner will construct another punch list after the
Substantial Completion acceptance testing is performed that is based on
the inspection and the Integrator's internally constructed list.
d) Test, adjust, balance, equalize, and calibrate all equipment (including
OFE) as required for optimum performance. Establish and tabulate
normal settings for all level controls. These settings shall be recorded in
the maintenance manual for reference.
e) Signal and Cable Testing and Documentation: Provide
documentation on the point to point testing of all Fiber, CAT6, Audio,
Video Inter -Room Cabling, and Stage Boxes provided by the Integrator.
The following will be tested for each of the respective category of cable
and /or signal types:
(1) Audio: continuity, polarity, sound check
(2) Speaker: impedance, polarity, proper zoning, buzz & rattle
(frequency sweep), sound check, signal quality.
(3) Video: signal continuity, proper routing.
(4) Control: continuity & confirmation of control capability between
designated control locations and control processors.
(5) Fiber: OTDR (Optical Time Domain Reflectometer) testing, spot -
check of functionality by the Integrator.
(6) Data /Cat6: Bandwidth testing
f) Quality of Installation: The areas around the racks and consoles
should be free of debris and excess wires. Racks, consoles, and
equipment should be free from dirt and grease.
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g) Labeling and Terminations: All devices, including floor boxes, racks,
termination panels, components, closets, panels, and cables should be
terminated and labeled according to the Integrator's engineered plans.
Visual spot- checking of wire dressing and terminations will be performed
during the Acceptance Testing procedure.
h) The Owner's technical staff shall be involved in recommending
hardware and software system settings. The Integrator shall be
responsible for providing the test equipment for the tests.
i) System Functional Completion Requirements
(1) The Owner is encouraged to bring in specific testing and operation
scenarios that the Integrator may run through.
(2) The individual areas of the building and the corresponding
audiovisual shall be tested for compliance with system functional
descriptions described in the Audiovisual Systems Performance
Specification.
j) System Technical Performance Completion
Individual sub - system components of the integrated Audiovisual Systems
shall meet or exceed the technical performance defined in the
Specification. Testing of the performance of these systems is the
responsibility of the Integrator and shall include:
(1) During the acceptance testing procedures, each system will be
spot checked to verify systems integration and inter- system
operability. For instance, a laptop and /or microphone should be able
to be plugged into an interface, and the audio routed to a desired
speaker zone.
(2) The Integrator shall supply any necessary testing equipment for
acceptance testing including a continuity checker, laptop computers
with software, patch cables, and video test equipment. Also, video
signal must be able to be routed, patched, and scaled or scan
converted.
k) Architectural Integration Completion
The Integrator shall be responsible for ensuring that the Audiovisual
Systems are fully compatible with the architectural designs, equipment,
fabrications, and conditions described in the Specification and fit and
finish are acceptable to the Owner.
3. Final Acceptance
The following items have been identified as items or systems that will not be required for
Substantial Completion, but will be required for Final Acceptance of the systems.
a) Completion of the Substantial Completion checklist
b) Final Interface Design of the control system interface screens and
software provided to Owner.
c) Audio equalization and final levels
d) Completion of all consultant and owner checklists
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e) All Training performed and operator proficiency demonstrated.
f) Review of maintenance agreement documentation, contact
information, and procedures with the owner.
g) Final As built Systems Documentation including spreadsheets,
software, and drawings (in final CAD and PDF format) as defined in
Section 1 -G Documentation.
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Equipment List
New Audio Equipment
1 Audio Digital Signal Processorw /Cobranet
5 Mic /Line Input Card
5 Mic/Line Output
New Source Equipment
New Computer, Mouse & Keyboard (On Rack
1 Shelf)
1 XM Satellite Radio Tuner
1 Network/Flash Based Audio Recorder /Playback
1 Professional CD Player Deck
New Equipment for Street Side Rack B
1 8 Channel Audio Amplifier
New Control System
1 System Controller
1 5 Rack Mounted Modero Touch Screen
Audia Flex CM with Davinci Control
Biamp
Application Software
Biamp
IP -2
Biamp
OP -2e
HP
TouchSmart 300z
Sirius
SR -1-12000
Marantz
PMD580
Denon
DN -C620
Crown CTs8200
AMX NI -3100
AMX NXD -CV5
Line Arrays
For Quad:
2 Line Array Column Loudspeaker JBL CBT 100LA
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2 Weather Proof Panel Cover JBL MTC -PC2
For Town Square Light Poles:
2 Line Array Column Loudspeaker JBL CBT 50LA
2 Weather Proof Panel Cover JBL MTC -PC2
DSP and Amplification
1/0 cards for owner's existing DSP (Biamp
AudiaFlex) X
1 2- channel mic /line input card Biamp IP -2
2 2- channel mic /line output card Biamp OP -2e
1 8 Channel Audio Amplifier Crown CTs8200
Wireless Microphones, Antennas
1 Professional Dual Wireless Microphone System Shure
2 Dynamic Vocal Microphone Shure
2 Microphone Stand Shure
2 Microphone Clip Shure
Add Alternates
For Quad:
2 Additional Quad Line Array Column Loudspeaker JBL
2 Weather Proof Panel Cover JBL
2 2- channel mic /line output card Biamp
40
ULXP24D /BETA58-
BETA58A
MS -10C
A55M
CBT 70JE
MTC -PC2
OP -2e
X
X
X __
PAYMENT RATES AND SCHEDULE
Western Audio Visual Corp will conduct this project for the fixed -fee amount $71,478.75.
These fees are a combination of equipment and professional services. The equipment and
professional services will be phased over the period of this contract as depicted in the table
below.
Payment Schedule
Payment
Number
Schedule
Amount
Description
1
Upon execution of the Agreement
$23,826.25
33% payment
2
Upon completion of the Project
$23,826.25
33% payment
3
30 Days after completion of the Project
$23,826.25
33% payment
41
PROJECT DESCRIPTION
Project Title: OLD TOWN SOUND SYSTEM - RETROFIT PRIORITY: II
Project Type: RDA
Description: Design and install a new Old Town Sound System with the head end in the Old Town Civic Center (OTCC). The system should
be capable of supporting simultaneous broadcasts or separate instances between Old Town Front and the Town Plaza.
Department: Information System - Account No. 210.165.515
Scope of Project: This project will include a preliminary study that identifies the Old Town sound system requirements. This study will result in a
competitive request for quotation for vendor selection. The goal of this project is to move the sound system head end, replace the
speakers and amplifiers, and provide discreet separation between events on Front Street and the Town Plaza
Benefit: This system will replace obsolete equipment and upgrade the system to support the new Old Town venues. It will also integrate
system control in the new Civic Center and allow discrete separation to support multiple events by providing options for
customized sound zones and improved user interface.
Project Cost:
Actuals
to Date 2009 -10
2010 -11 2011 -12
2012 -13 2013 -14 Future Years Total Project Cost
Administration
$
10,000
$ 10,000
Construction
$
20,000
$ 20,000
Design
$ 15,000 $
5,000
$ 20,000
Fixtures/Fum/Equip
$
60,000
$ 60,000
Installation
$
30,000
$ 30,000
Preliminary Study
$
10,000
$ 10,000
Totals
$ $ 15,000 $
135,000 $ -
$ - $ $ $ 150,000
Source of Funds:
RDA (Bonds)
Total Funding: $
Future O & M Cost: N/A
$ 15,000 $ 135,000
$ 150,000
$ 15,000 $ 135,000 $ $ $ $ $ 150,000
175
PUBLIC HEARING
Item No. 22
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: May 11, 2010
SUBJECT: A comprehensive amendment to the Old Town Specific Plan
PREPARED BY: Stuart Fisk, Senior Planner
RECOMMENDATION: That the City Council
1. Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT PREPARED FOR THE OLD TOWN SPECIFIC PLAN
AMENDMENT, ADOPTING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM IN CONNECTION THEREWITH FOR THE OLD TOWN
SPECIFIC PLAN AMENDMENT PROJECT, CONSISTING OF
APPROXIMATELY 153 ACRES, GENERALLY LOCATED
BETWEEN RANCHO CALIFORNIA ROAD AND 700 FEET SOUTH
OF FIRST STREET, AND BETWEEN INTERSTATE 15 AND THE
WEST SIDE OF PUJOL STREET (LR10 -0011)
2. Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING GENERAL PLAN MAPS TO DESIGNATE
THE OLD TOWN SPECIFIC PLAN TERRITORY AS SPECIFIC
PLAN IMPLEMENTATION ( "SPI "), ANNEX APPROXIMATELY 2.4
ACRES (LOCATED SOUTH OF FIRST STREET), REMOVE
APPROXIMATELY 2.3 ACRES (LOCATED WEST OF THE
INTERSECTION OF SIXTH STREET AND PUJOL STREET),
AMEND THE GENERAL PLAN LAND USE ELEMENT TO DEFINE
SPI, AND AMEND THE GENERAL PLAN CIRCULATION ELEMENT
TO ADD PROVISIONS REGARDING INTERSECTION LEVEL OF
SERVICE (LR10 -011)
Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TE MECULA APPROVING A COMPREHENSIVE AMENDMENT TO
THE OLD TOWN SPECIFIC PLAN (LR10 -0011)
Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A ZONE CHANGE TO AMEND THE
CITY'S ZONING MAP (LR10 -0011)
SUMMARY OF ORDINANCES:
Two ordinances are to be adopted for Old Town Specific Plan.
The first Ordinance adopts the Specific Plan Amendment providing for a comprehensive
amendment to the Old Town Specific Plan. Primary changes to the proposed Specific Plan are
outlined below.
Downtown Core — The Tourist Retail Core land use district identified in the existing Specific Plan
has been re -named to "Downtown Core." The Downtown Core allows for four stories if at least one
floor is residential and /or office and provides parking, and the proposed plan also includes a Hotel
Overlay that may be constructed at up to eight stories if developed with a full service hotel
containing a restaurant and conference facilities accommodating at least 1,000 people.
Residential /Limited Mixed Use — The existing plan designates the area along Moreno Road as
Community Commercial and Highway Tourist land use districts, and designates the areas south of
the Mary Phillips Senior Center as the Tourist Serving Residential land use district. The proposed
Specific Plan designates these areas as "Residential /Limited Mixed Use" districts. The existing
Specific Plan allows for residential uses in the area currently designated as Tourist Serving
Residential, but does not allow for residential uses in the Moreno Road area. The
Residential /Limited Mixed Use district expands the option for residential development by allowing for
residential throughout the district. The existing Specific Plan allows for two -story buildings in the
Community Commercial and Tourist Serving Residential land use districts, and allows forthree -story
buildings in the Highway Tourist district. The proposed Specific Plan allows for expanded building
floor space and greater flexibility for the use of property in this district by allowing up to three stories
throughout the district, and by allowing a full service hotel (with a Conditional Use Permit) of up to
eight stories in the Moreno Road area. As with the existing Specific Plan, the proposed plan would
allow for commercial uses throughout the Residential /Limited Mixed Use district.
Neighborhood Residential — The existing plan designates the area along the east side of Pujol
Street as High Density Residential and the area along the west side of Pujol Street as Medium
Density Residential land use districts. The High Density Residential district allows for up to 20 units
per acre and the Medium Density Residential district allow for up to 12 units per acre. The proposed
Specific Plan designates these areas as the "Neighborhood Residential" land use district and allows
for residential uses at a density of 20 to 35 units per acre throughout the district.
The second Ordinance adopts a Zone Change that would result in the addition of three parcels to
the Old Town Specific Plan boundary. These parcels are located south of First Street, between Old
Town Front Street and Murrieta Creek, totaling 2.4 acres. These parcels would be included in the
Downtown Core land use district of the Specific Plan. Additionally, the proposed Zone Change
would remove 2.3 acres from the Specific Plan at a location west of the intersection of Sixth Street
and Pujol Street. This parcel would be zoned High Density Residential (H) in conformance with its
current General Plan land use designation of High Density Residential (H).
BACKGROUND:
In early 2007, the City Council, Planning Commission and Old Town Local Review Board directed
Planning and Redevelopment staff to examine concerns regarding the community's vision for Old
Town, particularly with regard to intensity of building height, building mass and adequacyof parking.
In response to this direction, six workshops were held with the communityfrom June to December
2007 to solicit feedback from residents, businesses, property owners and the development
community to develop the community's vision for Old Town. Based on this vision, City Council
authorized staff to prepare a comprehensive amendment to the Old Town Specific Plan in March,
2008. Staff has continued to work with the community, the Old Town Specific Plan Steering
Committee, and the Redevelopment Agency sub - committee to develop a draft amendment to the
Specific Plan. Staff has completed the Draft Old Town Specific Plan and the 45 -day review period
for the Draft EIR was completed on April 14, 2010. In addition to the proposed Specific Plan
Amendment, a General Plan Amendment, Zone Change, and Program Environmental Impact
Report are also proposed.
DISCUSSION:
General Plan Amendment
The proposed General Plan Amendment would change the Land Use Designations for the proposed
Old Town Specific Plan area to a single new General Plan designation titled "Specific Plan
Implementation." The purpose of the Specific Plan Implementation land use district would be to
ensure consistency between the unique mixed -use development characteristics of the Old Town
Specific Plan area and the General Plan by referring directly to the Specific Plan for the intended
uses and development characteristics for this area.
Additionally, text changes to the Circulation Element of the General Plan are proposed to add a
provision allowing for intersection level of service as identified in a specific plan. This would address
recommendations developed for the Traffic Impact Analysis that was prepared for the project's EIR,
which recommended the use of traffic signals as a traffic mitigation measure, orthat the City accepts
levels of service E and F inside the Old Town area at the intersections along Old Town Front Street.
Due to the community's goal for Old Town to develop as a pedestrian oriented area, a series of
traffic signals along Old Town Front Street in the Old Town area would not be desirable.
Furthermore, accepting levels of service E and F along these specific intersections will assist in
creating a greater balance between pedestrian and vehicular activity.
Specific Plan Amendment
The project entails two Ordinances, including a Specific Plan Amendment for a comprehensive
amendment to the Old Town Specific Plan and a Zone Change to amend the City's Zoning Map.
The proposed Specific Plan Amendment is a comprehensive amendmentto address concerns that
the current Specific Plan does not adequately address issues related to building height and massing
and that recently constructed buildings do not respect the historic character of Old Town. The areas
of the Specific Plan that address these elements of Old Town have been updated and expanded,
and criteria has been added for elements that are not addressed in the current Specific Plan.
Additionally, form -based code principles have been incorporated into the Specific Plan, primarily in
the Development Standards and Design Guidelines sections of the Specific Plan. These sections
have been completely revised and contain the parameters for development that will facilitate
accomplishment of the design goals for Old Town. The use of form -based code principles will result
in less emphasis being placed on permitted land uses and a greater emphasis being placed on
building and street forms. Another area of emphasis for the proposed plan includes encouraging
mixed -use buildings to help achieve a balance between commercial and residential square footage
in Old Town. Regulations and standards based on form -based code principles, presented in words,
illustrations, and photographs have been incorporated into the proposed Specific Plan to designate
the appropriate form and scale (and therefore, character) of development in Old Town.
The proposed Specific Plan Amendment is a comprehensive amendmentto address concerns that
the current Specific Plan does not adequately address issues related to building height and massing
and that recently constructed buildings do not respect the historic character of Old Town.
Primary changes to the proposed Specific Plan are outlined below
Downtown Core — The Tourist Retail Core land use district identified in the existing Specific
Plan has been re -named to "Downtown Core." The Downtown Core allows forfour stories if
at least one floor is residential and /or office and provides parking, and the proposed plan
also includes a Hotel Overlaythat may be constructed at up to eight stories if developed with
a full service hotel containing a restaurant and conference facilities accommodating at least
1,000 people.
Residential /Limited Mixed Use —The existing plan designates the area along Moreno Road
as Community Commercial and Highway Tourist land use districts, and designates the areas
south of the Mary Phillips Senior Center as the Tourist Serving Residential land use district.
The proposed Specific Plan designates these areas as 'Residential /Limited Mixed Use"
districts. The existing Specific Plan allows for residential uses in the area currently
designated as Tourist Serving Residential, but does not allow for residential uses in the
Moreno Road area. The Residential /Limited Mixed Use district expands the option for
residential development by allowing for residential throughout the district. The existing
Specific Plan allows for two -story buildings in the Community Commercial and Tourist
Serving Residential land use districts, and allows for three -story buildings in the Highway
Tourist district. The proposed Specific Plan allows for expanded building floor space and
greater flexibility for the use of property in this district by allowing up to three stories
throughout the district, and by allowing a full service hotel (with a Conditional Use Permit) of
up to eight stories in the Moreno Road area. As with the existing Specific Plan, the
proposed plan would allow for commercial uses throughout the Residential /Limited Mixed
Use district.
Neighborhood Residential — The existing plan designates the area along the east side of
Pujol Street as High Density Residential and the area along the west side of Pujol Street as
Medium Density Residential land use districts. The High Density Residential district allows
for up to 20 units per acre and the Medium Density Residential district allow for up to 12
units per acre. The proposed Specific Plan designates these areas as the "Neighborhood
Residential" land use district and allows for residential uses at a density of 20 to 35 units per
acre throughout the district.
The second Ordinance adopts a Zone Change that would result in the addition of three parcels to
the Old Town Specific Plan boundary. These parcels are located south of First Street, between Old
Town Front Street and Murrieta Creek, totaling 2.4 acres. These parcels would be included in the
Downtown Core land use district of the Specific Plan. Additionally, the proposed Zone Change
would remove 2.3 acres from the Specific Plan at a location west of the intersection of Sixth Street
and Pujol Street. This parcel would be zoned High Density Residential (H) in conformance with its
current General Plan land use designation of High Density Residential (H).
Program Environmental Impact Report
A Draft Program Environmental Impact Report (EIR) was prepared and distributed to responsible
agencies and interested groups and individuals and was made available for public review and
comment for a period of 45 days. The City of Temecula received written comments and responded
to each comment in the Final Environmental Impact Report (FEIR). A copy of the City's response
has been provided to commenting agencies as required by State law.
To allow for additional potential traffic mitigation measures, staff is proposing to revise sections of
the Draft EIR to specify that the need and timing for implementation of traffic mitigation will be
determined by subsequent Traffic Impact Analyses and to allow for enhancements to the
intersection of Old Town Front Street /Second Street and the Mercedes Street/Moreno Road
connection to Old Town Front Street, either in addition to the roundabouts discussed in the Draft
EIR, or instead of the roundabouts as determined by subsequent Traffic Impact Analyses. These
revisions also delete the southern connection of Mercedes Street to Old Town Front Street /First
Street/Santiago Road as this connection has been determined to be infeasible.
The environmental analysis identified one area where impacts were not considered to be significant
(land use) and five areas where potentially significant impacts were identified which could be
avoided or mitigated. These five areas include aesthetics, cultural resources, hydrology, utilities,
and traffic and transportation. Three impact areas were identified as resulting in an unavoidable,
significant impact and include the following:
• Construction, project operation, and cumulative air impacts
• Stage goals for reducing greenhouse gas (GHG) emissions
• Construction, traffic, and cumulative noise impacts
In accordance with Section 15093 of the State CEQA Guidelines, the City Council must adopt
Statements of Overriding Consideration priorto approving the Old Town Specific Plan Amendment.
The Statements of Overriding Consideration state that any significant adverse project effects are
acceptable if the expected project benefits outweigh unavoidable adverse environmental impacts.
Old Town Local Review Board and Planning Commission Recommendations
Staff presented the Draft Old Town Specific Plan and Draft EIR to the Old Town Local Review Board
on April 12, 2010, and the Board unanimously recommended approval of the Draft Specific Plan to
the Planning Commission and City Council. On April 21, 2010, staff presented the Draft Old Town
Specific Plan and Draft EIR to the Planning Commission, which unanimously recommended
certification of the Draft EIR along with adoption of a Statement of Overriding Considerations and
approval of the proposed General Plan Amendment, Specific Plan Amendment, and Zone Change.
FISCAL IMPACT: The Specific Plan outlines infrastructure improvements for future
projects that are not currently specified in the Capital Improvement Program Budget, butthatwill be
funded in future years as warranted by demand for these improvements. These improvements
include roadway improvements, traffic control features, pedestrian oriented circulation
improvements, and public parking facilities. Approval of these infrastructure improvements and
appropriation of funds for their design and construction would occur through separate actions.
ATTACHMENTS:
Final Environmental Impact Report (sent separately from Agenda Report)
Amended Old Town Specific Plan (sent separately from Agenda Report)
Resolution Certifying Environmental Impact Report
Resolution Adopting General Plan Amendment
Ordinance Adopting Specific Plan Amendment
Ordinance Adopting Zoning Map Amendment
Planning Commission April 21, 2010 Staff Report
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA CERTIFYING THE PROGRAM
ENVIRONMENTAL IMPACT REPORT PREPARED FOR
THE OLD TOWN SPECIFIC PLAN AMENDMENT,
ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM IN CONNECTION THEREWITH
FOR THE OLD TOWN SPECIFIC PLAN AMENDMENT
PROJECT, CONSISTING OF APPROXIMATELY 153
ACRES, GENERALLY LOCATED BETWEEN RANCHO
CALIFORNIA ROAD AND 700 FEET SOUTH OF FIRST
STREET, AND BETWEEN INTERSTATE 15 AND THE
WEST SIDE OF PUJOL STREET (LR10- 0011).
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On February 9, 1994, the City Council of the City of Temecula approved
the Old Town Specific Plan and on February 22, 1994 the City Council of the City of
Temecula adopted the Old Town Specific Plan.
B. Various amendments to the Old Town Specific Plan were adopted by the
City Council of the City of Temecula since February 22, 1994.
C. The proposed amendment to the Old Town Specific Plan is a
comprehensive amendment to replace all sections of the Old Town Specific Plan with
new and updated information. In addition, an amendment to the City's Zoning Map,
General Plan Land Use Policy Map and Specific Plan Area Map modifies the boundary
of the Old Town Specific Plan to incorporate into the Old Told Specific Plan area an
additional 2.4 acres located south of First Street along the west side of Old Town Front
Street and to exclude from the Old Town Specific Plan area 2.3 acres located west of
the intersection of Sixth Street and Pujol Street. An amendment to the General Plan
Land Use Policy Map includes a new land use designation of "Specific Plan
Implementation (SPI)" applied to all properties within the Old Town Specific Plan area
consisting of approximately 153 acres generally located between Rancho California
Road and 700 feet south of First Street, and between Interstate 15 and the west side of
Pujol Street. An amendment to the Land Use Element of the City's General Plan
defines the land use designation Specific Plan Implementation (SPI) to ensure
properties within that designation are regulated by the provisions of the Specific Plan.
An amendment to the Circulation Element of the City's General Plan adds a provision
allowing for intersection level of service as identified in a Specific Plan. All of these
revisions are collectively referred to as the "Project."
D. The Project was processed, including but not limited to all public notices,
in the time and manner prescribed by State and local law, including the California
Environmental Quality Act, Public Resources Code § 21000, et seq. and the California
Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively
referred to as "CEQA")
E. Pursuant to CEQA, the City is the lead agency for the Project because it is
the public agency with the authority and principal responsibility for approving the
Project.
F. On July 10, 2009, in accordance with CEQA Guideline Section 15082, the
City published a Notice of Preparation (NOP) of a Draft Environmental Impact Report
(Draft EIR) and circulated it to governmental agencies, organizations, and persons that
may be interested in the Project, including land owners, tenants, and business owners
within the boundaries of the Old Town Specific Plan, and land owners and tenants
located within 600 feet of the Specific Plan boundaries. The NOP requested that
comments on the topics to be analyzed in the Draft EIR for the Project be submitted to
the City by August 12, 2009. On July 21, 2009, in accordance with CEQA Guidelines
Section 15082(c)(1), the City sponsored a public scoping meeting to obtain comments
from interested parties on the scope of the Draft EIR.
G. In response to the NOP, written comments were received from various
individuals and organizations. These comment letters assisted the City in formulating
the analysis in the Draft EIR.
H. The City's EIR consultants thereafter prepared, in accordance with CEQA,
a Draft Program EIR for the Project (State Clearinghouse Number 2009071049).
I. Upon completion of the Draft Program EIR in February 2010, the City
initiated a public comment period by filing a Notice of Completion with the State Office
of Planning and Research on March 1, 2010. The City also published a Notice of
Availability for the Draft Program EIR in The Californian, a newspaper of general
circulation within the City.
J. The Draft Program EIR was circulated for public review from March 1,
2010 through and including April 14 2010. Copies of the Draft Program EIR were sent
to various public agencies, as well as to organizations and individuals requesting
copies. In addition, the City placed copies of the Draft Program EIR at the City's library
and made copies available for review at the City offices and on the City's website.
K. In response to the Draft Program EIR, written comments were received
from various agencies, individuals, and organizations. The City responded to all written
comments. Those comments and the responses thereto are included as part of the
Final Program Environmental Impact Report /Response to Comments document (Final
Program EIR). The Final Program EIR consists of the DPEIR, Comments and
E
Responses to Comments, the Mitigation Monitoring and Reporting Program, and the
Errata listing changes made to the Draft Program EIR in response to comments.
L. Pursuant to Public Resources Code Section 21092.5, not later than May
1, 2010, the City prepared and provided to all commenting public agencies its
responses to all written comments.
M. The Planning Commission, at its regularly scheduled meeting on April 21,
2010, considered the Project and environmental review at a duly noticed public hearing
as prescribed by law, at which time the City staff presented its report and interested
persons had an opportunity to be heard and to present evidence regarding the Project
and the Draft Program EIR.
N. Following consideration of the entire record of information received at the
public hearing and due consideration of the proposed Project, the Planning Commission
adopted Resolution No. 10 -06 recommending that the City Council certify the Final
Program EIR prepared for the Old Town Specific Plan Amendment, adopt Findings
pursuant to the California Environmental Quality Act, adopt a Statement of Overriding
Considerations, and adopt a Mitigation Monitoring and Reporting Program for the
Project. The Planning Commission also adopted Resolution No. 10 -07, thereby
recommending that the City Council take various actions, including adoption of a
General Plan Amendment, Zone Change and Specific Plan Amendment related to the
approval of the Project.
O. Section 15091 of the State CEQA Guidelines requires that the City, before
approving a project for which an environmental impact report is required, make one or
more of the following written finding(s) for each significant effect identified in the EIR
accompanied by a brief explanation of the rationale for each finding:
1. Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects as identified in the Final EIR; or,
2. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency; or,
3. Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified
in the final EIR.
P. Section 15093 of the State CEQA Guidelines requires that if a project will
cause significant unavoidable adverse impacts, the City must adopt a Statement of
Overriding Considerations prior to approving the project. A Statement of Overriding
Considerations states that any significant adverse project effects are acceptable if
expected project benefits outweigh unavoidable adverse environmental impacts.
3
Q. Environmental impacts identified in the Final Program EIR that are found
to be less than significant and do not require mitigation are described in Section IV of
Exhibit A to this Resolution. Exhibit A, Findings and Facts in Support of Findings, is
hereby incorporated by reference as if set forth in full herein.
R. Environmental impacts identified in the Final Program EIR that are found
to be less than significant through the imposition of mitigation are described in Section V
of Exhibit A to this Resolution.
S. Environmental impacts identified in the Final Program EIR as potentially
significant but which cannot be fully mitigated to a less than significant level despite the
imposition of all feasible mitigation measures are described in Section VI of Exhibit A to
this Resolution.
T. Alternatives to the Project that might eliminate or reduce significant
environmental impacts are described in Section VII of Exhibit A of this Resolution.
U. A discussion of the project benefits identified by City staff and a Statement
of Overriding Considerations for the environmental impacts that cannot be fully
mitigated to a less than significant level are set forth in Exhibit B to this Resolution,
which is hereby incorporated by reference as if set forth in full herein.
V. Public Resources Code section 21081.6 requires the City to prepare and
adopt a mitigation monitoring and reporting program for any project for which mitigation
measures have been imposed to ensure compliance with the adopted mitigation
measures. The Mitigation Monitoring and Reporting Program is attached to this
Resolution as Exhibit C, and is hereby incorporated by reference as if set forth in full
herein.
W. Prior to taking action the City Council has heard, been presented with,
reviewed, and considered the information and data in the administrative record, as well
as oral and written testimony presented to it during meetings and hearings. No
comments or any additional information submitted to the City have produced any
substantial new information requiring additional environmental review or re- circulation of
the EIR under CEQA because no new significant environmental impacts were identified,
nor was any substantial increase in the severity of any previously disclosed
environmental impacts identified.
X. Custodian of Records. The City Clerk of the City of Temecula is the
custodian of records, and the documents and other materials that constitute the record
of proceedings upon which this decision is based are located at the Office of the City
Clerk, City of Temecula, 43200 Business Park Dr., Temecula, California 92590.
Section 2. Substantive Findings. The City Council of the City of Temecula,
California does hereby:
A. Declare that the City Council has independently considered the
administrative record before it, which is hereby incorporated by reference and which
0
includes the Final Program Environmental Impact Report, the written and oral
comments on the Draft Program EIR, staff reports and responses to comments
incorporated into the Final Program EIR, and all testimony related to environmental
issues.
B. Determine that the Final Program EIR fully analyzes and discloses the
potential impacts of the Project, and that those impacts have been mitigated or avoided
to the extent feasible for the reasons set forth in the Findings attached hereto as Exhibit
A, with the exception of those impacts found to be significant and unmitigable as
discussed therein.
C. Declare that the Final Program EIR reflects the independent judgment of
the City. The City Council further finds that the additional information provided in the
staff reports, in comments on the Draft Program EIR, the responses to comments on the
Draft Program EIR, and the evidence presented in written and oral testimony does not
constitute new information requiring recirculation of the EIR under CEQA. None of the
information presented has deprived the public of a meaningful opportunity to comment
upon a substantial environmental impact of the Project or a feasible mitigation measure
or alternative that the City has declined to implement.
D. Certify the Final Program EIR as being in compliance with CEQA. The
City Council further adopts the findings pursuant to the California Environmental Quality
Act as set forth in Exhibit A attached hereto and incorporated herein by reference;
adopts the Statement of Overriding Considerations as set forth in Exhibit B attached
hereto and incorporated herein by reference; and adopts the Mitigation Monitoring and
Reporting Program attached hereto as Exhibit C and incorporated herein by reference.
The City Council further determines that all of the findings made in this Resolution
(including Exhibit A) are based upon the information and evidence set forth in the Final
Program EIR and upon other substantial evidence that has been presented at the
hearings before the Planning Commission and the City Council, and in the record of the
proceedings. The City Council further finds that each of the overriding benefits stated in
Exhibit B, by itself, would justify proceeding with the Project despite any significant
unavoidable impacts identified in the Final Program EIR or alleged to be significant in
the record of proceedings.
E. The City Council hereby imposes as a condition on the Amendment to the
Old Town Specific Plan Project each mitigation measure specified in Exhibit C, and
directs City staff to implement and to monitor the mitigation measures as described in
Exhibit C.
5
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of May, 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 11th day of May, 2010, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
IG 1 011�Ko1l1►NllNdiIAdil:l:4:& 1
ABSTAIN: COUNCIL MEMBERS:
2
Susan W. Jones, MMC
City Clerk
EXHIBIT A
Findings and Facts in Support of Findings
I. Introduction.
The California Environmental Quality Act, Public Resources Code § 21000, et
seq. ( "CEQA ") and the State CEQA Guidelines, 14 Cal. Code Regs. § 15000, etseq.
(the "Guidelines ") provide that no public agency shall approve or carry out a project for
which an environmental impact report has been certified that identifies one or more
significant effects on the environment caused by the project unless the public agency
makes one or more of the following findings:
A. Changes or alterations have been required in, or incorporated into, the
project, which avoid or substantially lessen the significant environmental effects
identified in the Program EIR.
B. Such changes or alterations are within the responsibility of another public
agency and not the agency making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such other agency.
C. Specific economic, social, or other considerations make infeasible the
mitigation measures or project alternatives identified in the Program EIR.'
Pursuant to the requirements of CEQA, the City Council of the City of Temecula
hereby makes the following environmental findings in connection with the proposed
Amendment to the Old Town Specific Plan (the "Project "), as more fully described in
the Final Program EIR. These findings are based upon written and oral evidence
included in the record of these proceedings, comments on the Draft Program EIR and
the written responses thereto, and reports presented to the Planning Commission and
the City Council by City staff and the City's environmental consultants.
II. Project Objectives.
As set forth in the Program EIR, objectives that the City of Temecula seeks to
achieve with this Project (the "Project Objectives ") are as follows:
A. Update the current OTSP to provide enhanced desired services within
the plan area to both City residents and visitors while being compatible with the nearby
residential area;
1 Cal. Pub. Res. Code § 21081; 14 Cal. Code Regs. § 15091.
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B. Incorporate form -based code principles to more clearly define
development regulations, to better facilitate pedestrian friendly development through
building placement and streetscapes, and to encourage mixed -use development within
Old Town;
C. Respect the history of the OTSP area while fitting with current
economics, accommodating greater residential density, and encouraging a variety of
architectural styles;
D. Implement significant new investment in the Old Town area to help
promote rapid growth in Temecula Valley and develop a renewed interest in town
centers and mixed -use development;
E. Enhance the quality of life of Temecula residents by balancing economic
development objectives with protection of the environment and the health and safety of
the community; and
F. Promote economic activity within the City to maintain a healthy economy,
provide revenue for high - quality municipal services and infrastructure maintenance
and improvements, and preserve the unique character of Temecula.
III. Effects Determined to be Less Than Significant /No Impact in the Initial
Study
The City of Temecula conducted an Initial Study in June 2009 to determine
significant effects of the Project. In the course of this evaluation certain impacts were
found to be less than significant due to the inability of a project of this scope to create
such impacts or the absence of project characteristics producing effects of this type.
The following issue areas were determined not to be significant for the reasons set
forth in the Initial Study and were not analyzed in the EIR: (A) Agriculture Resources;
(B) Biological Resources; (C) Cultural Resources with the exception of those areas
studied in the February 2010 Program EIR; (D) Geology and Soils; (E) Hazards and
Hazardous Materials; (F) Mineral Resources; (G) Population and Housing; (H) Public
Services; and (1) Recreation. Impacts related to the following issue areas were found
to be potentially significant and were studied in the Program EIR: (A) Aesthetics; (B)
Air Quality; (C) Global Warming /Climate Change (D) Cultural Resources; (E)
Hydrology and Water Quality; (F) Land Use and Planning; (G) Noise; (H) Utilities and
Services; (1) Traffic and Circulation.
A. In July 10, 2009, in accordance with CEQA Guideline Section 15082, the
City published a Notice of Preparation (NOP) of a Draft Environmental Impact Report
(Draft EIR) and circulated it to governmental agencies, organizations, and persons that
may be interested in the Project, including land owners, tenants, and business owners
within the boundaries of the Old Town Specific Plan, and land owners and tenants
located within 600 feet of the Specific Plan boundaries. The NOP requested
comments by August 12, 2009. On July 21, 2009, in accordance with CEQA Section
15082(c)(1) of the State CEQA Guidelines, the City sponsored a public scoping
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meeting to obtain comments from interested parties on the scope of the Draft EIR. No
comments were received on areas other than those found to be potentially significant
in the Initial Study.
IV.
The Draft Program EIR completed in February 2010 found that the proposed
Project would have a less than significant impact without the imposition of mitigation
on a number of environmental topic areas. The less than significant environmental
impact determination was made for each of the following topic areas listed below,
based on the more expansive discussions contained in the Program EIR.
A. Aesthetics
1. The project's development would not have a substantial adverse
effect on a scenic vista or substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings from a State Scenic
Highway.
2. The project's development would not potentially degrade the
existing visual character or quality of the site and its surroundings.
B. Air Quality
1. The project would not conflict with or obstruct implementation of
the applicable air quality plan.
2. The project would not create objectionable odors affecting a
substantial amount of people.
3. Increased localized carbon monoxide would not be generated
from vehicular traffic during operation.
C. Cultural Resources
1. Implementation of the Specific Plan Amendment would not cause
a substantial adverse change to areas of traditional cultural significance to local Native
American individuals and groups.
D. Hydrology
1. The proposed project would not substantially deplete groundwater
supplies or interfere substantially with groundwater recharge such that there would be
a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,
the production rate of pre- existing nearby wells would drop to a level which would not
support existing land uses or planned uses for which permits have been granted).
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2. The proposed project would not substantially alter the existing
drainage pattern of the site or area, including through the alteration of the course of a
stream or river, in a manner which would result in substantial erosion or siltation on- or
off -site.
3. The proposed project would not substantially alter the existing
drainage pattern of the site or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount of surface runoff in a
manner which would result in flooding on- or off -site.
4. The proposed project would not create or contribute runoff water
which would exceed the capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff.
The project would not otherwise substantially degrade water
quality
6. The proposed project would not 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.
7. The proposed project would not place within a 100 -year flood
hazard area structures which would impede or redirect flood flows.
8. The proposed project would not 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.
9. The proposed project would not be inundated by a seiche,
tsunami, or mudflow.
E. Land Use and Planning
1. Project implementation would not 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, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect.
F. Utilities and Services
1. The project would not require or result in the construction of new
water treatment facilities or expansion of existing facilities, the construction of which
could cause significant environmental effects.
2. The project would not result in insufficient water supplies from
existing entitlements or need new or expanded entitlements.
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3. The project would not result in a determination by the wastewater
treatment provider which serves or may serve the project that it has inadequate
capacity to serve the project's projected demand in addition to the provider's existing
commitments.
4. The project would comply with federal, state, and local statutes
and regulations related to solid waste.
5. The proposed project would not require or result in the
construction of new electrical and gas facilities or the expansion of existing facilities
where the construction of which could cause significant environmental effects.
G. Traffic and Transportation
1. Implementation of the proposed project would not result in
inadequate vehicular and emergency access.
Project implementation would not result in inadequate parking
capacity.
V. Potentially Significant Environmental Impacts Determined to be Mitigated
to a Less Than Significant Level
The Draft Program EIR identified the potential for the Project to cause
significant environmental impacts in the areas of aesthetics, air quality, global
warming /climate change, cultural resources, hydrology, land use and planning, noise,
utilities and services, and transportation and traffic. With the exception of specific
impacts to air quality, global warming /climate change, and noise discussed in Section
VI below, measures have been identified that would mitigate all of the impacts in this
section to a less than significant level.
The City Council finds that the feasible mitigation measures for the Project
identified in the Final Program EIR would reduce the Project's impacts to a less than
significant level, with the exception of those unmitigable impacts discussed in Section
VI below. The City Council adopts all of the feasible mitigation measures for the
Project described in the Final Program EIR as conditions of approval of the Project
and incorporates those into the Project, as discussed more fully in Exhibit C.
A. Aesthetics
New Source of Light and Glare
The Project could result in taller buildings and additional lighting needs
which could adversely affect daytime or nighttime views of the area. The use of
exterior lighting for security and aesthetic illumination may contribute to ambient
nighttime lighting conditions. Reflective light could be caused by sunlight or artificial
light reflecting from finished surfaces such as window glass, or other reflective
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materials. As described below, these impacts can be mitigated to less than significant
levels.
(a) Findings
Changes or alterations have been required in or incorporated into
the Project which avoid or substantially lessen the potentially significant environmental
effects of light and glare. Specifically, the following measures have been included to
ensure that the Project's potential light and glare impacts remain less than significant.
Measure 3.1 -3a: The applicant shall ensure that all lighting
fixtures shall contain "sharp cut -off' fixtures, and shall be fitted with flat glass lenses
and internal and external shielding.
Measure 3.1 -3b: The applicant shall ensure that all fixtures shall
be parallel with the finished grade of the project site; no fixtures shall be tilted above a
90- degree angle.
Measure 3.1 -3c: The applicant shall ensure that site lighting
systems shall be grouped into control zones to allow for open, closing, and night
light /security lighting schemes. All control groups shall be controlled by an automatic
lighting system utilizing a time clock, photocell, and low voltage relays.
Measure 3.1 -3d
layout of the site shall take advantage
and off —site architectural massing to k
The applicant shall ensure that design and
of landscaping, on -site architectural massing,
lock light sources and reflection from cars.
Measure 3.1 -3e: The applicant shall submit a lighting plan and
photometric plan to be reviewed by the City of Temecula. The lighting plan shall
include design features (such as those mentioned above) to minimize impacts of light
and glare on the surrounding area.
Measure 3.1 -3f: The City shall complete a post - installation
inspection to ensure that the site is not excessively illuminated (such that lighting is not
creating excessive glare, unreasonably competing for the public's attention or creating
any roadway safety hazard) and that lighting sources are properly shielded.
Measure 3.1 -3g: In order to mitigate potential impacts to the
Mount Palomar Observatory, all lighting plans shall be reviewed by the City to assure
utilization of low pressure sodium vapor lamps; step -down lighting techniques;
shielding to prevent upward and outward illumination; and compliance with the County
Ordinance No. 655.
Measure 3.1 -3h: The Specific Plan Amendment shall prohibit the
use of highly reflective construction materials on exterior wall surfaces. The exterior of
permitted buildings shall be constructed of materials such as high performance tinted
Em-
non - mirrored glass, painted metal panels and pre -cast concrete or fabricated wall
surfaces.
(b) Facts in Support of Findings
The Project will be required to comply with existing Riverside
County Mount Palomar Ordinance No. 655 requiring lighting to be shielded, directed
down to avoid glare onto adjacent properties and emit low levels of glare into the sky.
In additional, generally accepted standards have been established by the Illuminating
Engineering Society of North America, a collection of engineers, architects, scientists
and other professionals who aim to disseminate information for the improvement of the
lighted environment. With the implementation of Mitigation Measures 3.1 -3a through
3.1 -3h (above), potential light and glare impacts associated with the project will be less
than significant.
B. Cultural Resources
1. Impacts to Unknown Cultural Resources
The proposed Project has the potential to impact unknown cultural resources on
the portions within the Old Town Specific Plan area.
(a) Findings
Changes or alterations have been required in, or incorporated into
the Project that avoid or substantially lessen the potential significant environmental
effect to unknown cultural resources. Specifically, the following mitigation measures
will ensure that no significant impacts occur to unknown cultural resources.
Mitigation Measure 3.4 -1a: Consistent with the City of
Temecula's General Plan Goal 6 and Implementation Procedure OS -26 and OS -39,
the Specific Plan Amendment shall include a new policy which requires that all areas
slated for development or other ground- disturbing activities shall be subject to a Phase
I survey (including a 1 -mile radius records search and intensive archaeological survey)
for archaeological resources on a project- specific basis prior to the City's approval of
site - specific project plans. The survey shall be carried out by a Riverside County
qualified archaeologist in consultation with the Pechanga Band of Luiseho Mission
Indians (Pechanga Tribe). The Pechanga Tribe shall be allowed to accompany the
Project Archaeologist on the Phase I walkover survey, and shall be given the
opportunity to comment on the archaeological report which results from the evaluation.
If archaeological resources are encountered during the survey, the City shall require
that the resources are evaluated for their eligibility for listing on the National Register
or California Register by a Riverside County qualified archaeologist and the Pechanga
Tribe, and that recommendations are made for treatment of these resources, in
consultation with the Pechanga Tribe. If Phase II archeological evaluations are
recommended, the Pechanga Tribe shall consult on all proposed test plans and
participate with the Project Archaeologist during testing and evaluation. All such
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surveys with recommendations shall be completed prior to Project approval. Any
identified resources shall be avoided if feasible. Ground - disturbing activity in areas
which were previously undisturbed, or have been determined, by a qualified
archaeologist in consultation with the Pechanga Tribe, to be sensitive for cultural
resources shall be monitored by a Riverside County qualified archaeologist and
Pechanga tribal representative(s).
Mitigation Measure 3.4 -1b: Consistent with the City of
Temecula's General Plan Goal 6 and Implementation Procedure OS -26 and OS -39,
the Specific Plan Amendment shall include a new policy which states that during
construction, should prehistoric or historic subsurface cultural resources be
discovered, all activity in the vicinity of the find shall stop and a Riverside County
qualified archaeologist, in consultation with the Pechanga Tribe, will be contacted to
assess the significance of the find according to CEQA Guidelines Section 15064.5. If
any find is determined to be significant, the City and the archaeologist will determine,
in consultation with the Pechanga Tribe, appropriate avoidance measures or other
appropriate mitigation. All cultural materials recovered will be, as necessary and in
consultation with the Pechanga Tribe, subject to scientific analysis and documentation
according to current professional standards. Sacred and ceremonial items shall not be
subject to any scientific analysis. Upon completion of the archaeological study, but no
later than 45 days after completion of earthmoving activities, the landowner shall
relinquish ownership of all cultural resources, including sacred items, burial goods and
all archaeological artifacts that are found on the project area to the Pechanga Tribe for
proper treatment and disposition.
Mitigation Measure 3.4 -1c: Consistent with the City of
Temecula's General Plan Goal 6 and Implementation Procedure OS -26 and OS -39,
the Specific Plan Amendment shall include a new policy which states that for projects
in areas which were previously undisturbed, or have been determined, by a qualified
archaeologist in consultation with the Pechanga Tribe, pursuant to MM 3.4 -1 a, to be
sensitive for cultural resources, at least 30 days prior to seeking a grading permit, the
Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading,
excavation and the monitoring program, and to coordinate with the City of Temecula
and the Tribe to develop and enter into a Cultural Resources Treatment and
Monitoring Agreement. The Agreement shall address the treatment of known cultural
resources; appropriate treatment and procedure for inadvertent discoveries; the
designation, responsibilities, and participation of Native American Tribal monitors
during grading, excavation and ground disturbing activities; project grading and
development scheduling; terms of compensation for the monitors; and treatment and
final disposition of any cultural resources, sacred sites, and human remains
discovered on the site.
Mitigation Measure 3.4 -1d: Consistent with the City of
Temecula's General Plan Goal 6 and Implementation Procedure OS -26 and OS -39,
the Specific Plan Amendment shall include a new policy which states that if
inadvertent discoveries of subsurface cultural resources are discovered during
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grading, the Project Applicant, the Project Archaeologist, and the Pechanga Tribe shall
assess the significance of such resources and shall meet and confer regarding the
mitigation for such resources. If the project applicant and the Pechanga Tribe cannot
agree on the significance or the mitigation for such resources, these issues will be
presented to the Planning Director for decision. The Planning Director shall make the
determination based on the provisions of the California Environmental Quality Act with
respect to archaeological resources and shall take into account the religious beliefs,
customs, and practices of the Pechanga Tribe. Notwithstanding any other rights
available under the law, the decision of the Planning Director shall be appealable to
the City of Temecula City Council.
Mitigation Measure 3.4 -1e: Consistent with the City of
Temecula's General Plan Goal 6 and Implementation Procedure OS -26 and OS -39,
the Specific Plan Amendment shall include a new policy which states all sacred sites,
should they be encountered within the project area, shall be avoided and preserved as
preferred mitigation, if feasible.
(b) Facts in Support of Findings
Previously unknown and unrecorded archaeological resources
could exist anywhere within the Specific Plan area, and may be unearthed during
excavation and grading activities for individual projects. This can occur even in already
developed areas, as older buildings are known to have often been built on top of or
within archaeological deposits. Therefore, any future development within the overall
project area not previously assessed for cultural resources could result in the adverse
impact to unknown cultural resources. Implementation of Mitigation Measures 3.4 -1 a
and 3.4 -1 a would minimize this impact to a less than significant level.
2. Impacts to Historic Resources
The proposed Project could adversely affect known cultural resources, including
unique archaeological resources and historic resources in Specific Plan areas
containing buildings older than 50 years.
(a) Findings
Changes or alterations have been required in or incorporated into
the Project that avoid or substantially lessen the potential significant environmental
effect to known cultural resources. Specifically, the following mitigation measure will
ensure a less than significant impact.
Mitigation Measure 3.4 -2a: Consistent with the City of
Temecula's General Plan Goal 6 and Implementation Procedure OS -2, the Specific
Plan Amendment shall include a new policy which states that all areas slated for
development or other ground- disturbing activities in the Specific Plan Area which
contain structures 50 years old or older be surveyed and evaluated for their potential
historic significance prior to the City's approval of project plans. The survey shall be
f�]
carried out by a qualified historian or architectural historian meeting the Secretary of
the Interior's Standards for Architectural History. If potentially significant resources are
encountered during the survey, demolition or substantial alteration of such resources
identified shall be avoided. If avoidance of identified historic resources is deemed
infeasible, the City shall prepare a treatment plan to include, but not limited to, photo -
documentation and public interpretation of the resource area.
(b) Facts in Support of Findings
Structures that are fifty years or older may not have been
comprehensively surveyed and evaluated and it is possible they may be eligible as
historic resources if other criteria apply, such as significant associations with important
events, people, or have high architectural merit. Implementation of Mitigation Measure
3.4 -2a would require that structures 50 years old or older be evaluated for significance
prior to the implementation of specific projects in order to minimize this impact to a
less than significant level.
3. Impacts to unidentified Human Remains
The proposed Project has the potential to cause an impact to human remains in
the event human remains are discovered.
(a) Findings
Changes or alterations have been required in or incorporated into
the Project that avoid or substantially lessen the potentially significant impact on any
potential discovery of human remains. Specifically, mitigation measure 3.4 -4a will
ensure a less than significant impact.
Mitigation Measure 3.4 -4a: Consistent with State law, CEQA
Guidelines, and the City of Temecula's General Plan Goal 6 and Implementation
Procedure OS -26 and OS -39, the Specific Plan Amendment shall include a new policy
which states that if human skeletal remains are uncovered during project construction,
work in the vicinity of the find shall cease and the Riverside County coroner will be
contacted to evaluate the remains. If the County coroner determines that the remains
are Native American, he or she will contact the Native American Heritage Commission,
in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public
Resources Code 5097.98 (as amended by AB 2641). The NAHC will then identify the
person(s) thought to be the Most Likely Descendent of the deceased Native American,
who will then help determine what course of action should be taken in dealing with the
remains. Per Public Resources Code 5097.98, the landowner shall ensure that the
immediate vicinity, according to generally accepted cultural or archaeological
standards or practices, where the Native American human remains are located, is not
damaged or disturbed by further development activity until the landowner has
discussed and conferred, as prescribed in this section (PRC 5097.98), with the most
likely descendents regarding their recommendations, if applicable, taking into account
the possibility of multiple human remains.
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(b) Facts in Support of Findings
There is no indication that any particular site in the Project area
has been used for human burial purposes in the recent or distant past. Therefore, it is
unlikely that human remains would be encountered as a result of the proposed Project.
However, in the unlikely event that human remains are discovered, including those
interred outside of formal cemeteries, the human remains could be inadvertently
damaged, which could be a significant impact. However, this impact would be
minimized by implementation of Mitigation Measure 3.4 -4a, as set forth above.
4. Paleontological Resources
The proposed Project is underlain by the Pauba Formation and younger and
older Quaternary Alluvium. The Pauba Formation and older Quaternary Alluvium have
a high paleontological sensitivity and therefore the potential to cause a significant
impact on paleontological resources.
(a) Findings
Changes or alterations have been required in or incorporated into
the Project that avoid or substantially lessen the potential significant environmental
effect on paleontological resources. Specifically, mitigation measure 3.4 -5a will
ensure a less than significant impact.
Mitigation Measure 3.4 -5a: The Specific Plan Amendment shall
include a new policy which states that in the event that paleontological resources are
discovered, the project proponent will notify a qualified paleontologist. The
paleontologist will document the discovery as needed, evaluate the potential resource,
and assess the significance of the find under the criteria set forth in CEQA Guidelines
Section 15064.5. If fossil or fossil bearing deposits are discovered during construction,
excavations within 50 feet of the find will be temporarily halted or diverted until the
discovery is examined by a qualified paleontologist (in accordance with Society of
Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995)). The
paleontologist will notify the appropriate agencies to determine procedures that would
be followed before construction is allowed to resume at the location of the find. If the
City determines that avoidance is not feasible, the paleontologist will prepare an
excavation plan for mitigating the effect of the project on the qualities that make the
resource important. The plan will be submitted to the City for review and approval prior
to implementation.
(b) Facts in Support of Findings
Temecula's General Plan (implementation measure OS -26)
requires that a paleontologist be retained to observe grading activities in areas where
the probable presence of paleontological resources is identified. However, significant
paleontological resources can be uncovered even in areas of low sensitivity, and it is
possible that ground- disturbing construction activities associated with implementation
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of the Specific Plan Amendment could result in the inadvertent discovery of
paleontological resources, which could be a significant impact. Therefore, mitigation
measure 3.4 -5a will be implemented to ensure any potential impacts to paleontological
resources are minimized to be less than significant.
C. Hydrology
1. Impacts to water quality or waste discharge
The proposed Project has the potential to cause an impact on water
quality or waste discharge upon construction and operation of developments within the
project area. Construction could include grading and other earth moving activities
exposing soils to erosion, which could lead to erosion and runoff. In addition, the
incremental increase of development over the span of 20 -30 years is likely to
contribute to pollution such as motor oil or fertilizers being washed away during rainfall
or when a street, walkway, or parkway surface is being cleaned.
(a) Findings
Changes or alterations have been required in or incorporated into
the Project that reduce the impacts to less than significant. Specifically, mitigation
measure 3.5 -1 shall be implemented, as required by applicable local, state or federal
law or regulations, to comply with NPDES regulations.
Mitigation Measure 3.5 -1: Prior to the issuance of a grading or
building permit for individual projects, the project developer shall file a Notice of Intent
(NOI) with California to comply with the requirements of the National Pollutant
Discharge Elimination System ( NPDES) General Construction Permit (Municipal
Code, Chapter Chapter 8.24). This would include the preparation of a Storm Water
Pollution Prevention Plan ( SWPPP) incorporating construction Best Management
Practices (BMPs) for control of erosion and sedimentation contained in stormwater
runoff. The project developer shall be required by the Stormwater /Urban Runoff
Management and Discharge Controls of the City of Temecula's Municipal Code to
submit and implement a SWPP using BMPs that would effectively reduce or prevent
discharge of pollutants into receiving waters.
(b) Facts in Support of Findings
Development projects within the Amended Old Town Specific Plan will
be required by the Stormwater /Urban Runoff Management and Discharge Controls of
the City of Temecula's Municipal Code to submit and implement a SWPPP using
BMPs that would effectively reduce or prevent the discharge of pollutants into
receiving waters. The Mitigation Measure also requires preparation of plans that will
control the effects of stormwater runoff, and therefore will reduce potential impacts to
less than significant.
D. Noise
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1. Construction activities could result in exposure of sensitive
receptors to excessive levels of ground -borne vibration.
The potential use of a large bulldozer for project construction generates
vibration levels of up to 0.089 PPV or 87 RMS at a distance of 25 feet, which exceeds
the human annoyance response level of 80 RMS. The location of construction relative
to the nearest sensitive receptor or historic building has yet to be determined, and will
depend on the specific location of the individual project proposed within the Old Town
Specific Plan area.
(a) Findings
Changes or alterations have been required in or incorporated into the
Project that would lessen the significant ground borne vibration impacts associated
with construction activities. Specifically, measures have been included to reduce
noise impacts from construction activities associated with the project that would result
in exposure of sensitive receptors to excessive levels of ground -borne vibration within
the Project area to less than significant with implementation of Mitigation Measures
3.7 -1a through 3.7 -d and 3.7 -2.
Measure 3.7 -1a: The applicant shall ensure, as specified in City of
Temecula Ordinance No. 94 -25, that no construction may occur within one - quarter
(1 /4) of a mile of any occupied residence during the following hours:
6:30 PM to 6:30 AM, Monday through Friday.
Before 7:00 AM or after 6:30 PM, Saturday.
At any time on Sunday or any nationally recognized holiday.
Measure 3.7 -1b: The applicant shall ensure that all construction
equipment will have properly operating mufflers.
Measure 3.7 -1c: The applicant shall ensure that all construction staging
shall be performed as far as possible from occupied dwellings.
Measure 3.7 -1d: The applicant shall ensure that signs shall be posted at
the construction sites that include permitted construction days and hours, and a
contact number for the job site.
Mitigation Measure 3.7 -2a: The construction contractor will conduct
crack surveys before construction activities that could cause architectural damage to
nearby structures. The survey will include any historic buildings or buildings in poor
condition within 15 feet of construction. The surveys will be done by photographs,
video tape, or visual inventory, and will include inside as well as outside locations. All
existing cracks in walls, floors, and driveways should be documented with sufficient
detail for comparison after construction to determine whether actual vibration damage
occurred. A post- construction survey should be conducted to document the condition
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of the surrounding buildings after the construction is complete. The construction
contractor would be liable for construction vibration damage to adjacent structures.
(a) Facts in Support of Findings
Development projects within the Amended Old Town Specific Plan will
be required to conduct crack surveys before and after construction activities that could
cause damage to historic buildings or buildings in poor conditions within 15 feet of
construction. Further, Mitigation Measures are provided that monitor construction
hours within 1/4 mile of any occupied residence and that all construction equipment
have properly operating mufflers. These mitigation measures combined with the City
Noise ordinance will address construction noise issues to ensure that vibration impacts
would be less than significant.
Noise levels in excess of allowable Noise Standards
The proposed Project has the potential to expose persons to or generate
noise levels in excess of standards established in the local general plans or noise
ordinances, or applicable standards of other agencies. Examples include heating,
ventilating, air conditioning equipment noise, and loading dock /truck delivery truck
noises.
(a) Findings
Changes or alterations have been required in or incorporated into
the Project that reduce the noise level impacts so that operational noise levels do not
exceed applicable noise standards and the impact would therefore be less than
significant.
Measure 3.7 -3a: Building equipment (e.g., HVAC units) shall be
located away from nearby residences, on building rooftops, and properly shielded by
either the rooftop parapet or within an enclosure that effectively blocks the line of sight
of the source from the nearest receptors. The resultant HVAC noise level shall not
exceed 45 dBA at the nearest receptors.
Measure 3.7 -3b: In order to avoid noise - sensitive hours,
commercial and retail shall prohibit loading and unloading activities between the
nighttime hours of 10:00 PM and 7:00 AM.
Measure 3.7 -3c: To further address the nuisance impact of
loading dock/truck delivery noise, all loading areas for commercial and retail uses shall
be located at the rear or sides of buildings within the commercial and mixed -use
districts, where noise can be directed away from residential uses within the mixed use
areas of the project.
(b) Facts in Support of Findings
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Ensuring that building equipment (e.g., HVAC units) is located away from
nearby residences, on building rooftops, and properly shielded by either the rooftop
parapet or within an enclosure that effectively blocks the line of sight of the source
from the nearest receptors would result in reduced HVAC noise levels not to exceed
any applicable standard. Furthermore, prohibiting loading and unloading activities
between the nighttime hours of 10:00 PM and 7:00 AM and locating all loading areas
for commercial and retail uses at the rear or sides of buildings within the commercial
and mixed -use districts will direct noise away from residential uses within the mixed
use areas of the project and effectively will reduce any noise impacts so that they are
less than significant.
E. Utilities and Service
1. Adverse physical impacts associated with new or physically
altered parks and recreational facilities.
The proposed Project has the potential to allow for an increase in
residential population of approximately 4,114 new residents. In order to maintain the
City's ratio of five acres of parkland per 1,000 residents, the proposed Specific Plan
area would need to contribute 205.7 acres of parkland /open space to the City's
inventory of park space.
(a) Findings
Changes or alterations have been required in or incorporated into
the Project that reduce the parkland impacts so that all development contributes its fair
share to the maintenance or provision of public services, and therefore impacts will be
less than significant.
Measure 3.8 -1a: The City shall continue to implement its local
code that incorporates standards for parkland dedication and development. The City
requires (1) the dedication of parkland or the payment of in -lieu fees and the
development of recreation facilities for all new development; and (2) developers of
residential projects greater than 200 units must dedicate land based on the park acre
standard of five acres of usable parkland to 1,000 residents.
Measure 3.8 -1b: The City will identify potential sites for additional
park land, monitor demand for park land and facilities concurrent with development
approvals, and prioritize potential parkland acquisitions, expansions, and
improvements within the five year Capital Improvement Program, consistent with the
adopted Parks and Recreation Master Plan.
Measure 3.8 -1c: The City shall 1) implement policies and
standards of the Parks and Recreation and Multi -Use Trails and Bikeways Master
Plans, including trail classifications, design standards, implementation mechanisms,
and capital improvement programming; and 2) ensure that bike routes are provided or
reserved concurrent with new development.
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(b) Facts in Support of Findings
Although the additional open space provided by the amended
Specific Plan would not contribute towards the parks and recreational facilities
requirement, this additional open space area would still have a beneficial affect on the
City and OTSP area. Overall, due to the improvements proposed by the Specific Plan
Amendment (improved landscaping and walkways, etc.) and implementation of the
Mitigation Measures 3.8 -1 through 3.8 -3 listed above, impacts would be less than
significant. Furthermore, all development projects must contribute their fair share to
the maintenance or provision of public services through payment of the City's
Development Impact Fee.
2. Impacts from construction of wastewater treatment facilities or
expansion of existing facilities.
Implementation of the proposed Specific Plan would cause a
substantial increase in the demand for wastewater conveyance services, and
necessitate the alternation of existing facilities to meet treatment capacity
expectations.
(a) Findings
Changes or alterations have been required in or incorporated into
the Project that reduce the impacts from construction of wastewater treatment facilities
or expansion of existing facilities to less than significant.
Measure 3.8 -3a: Prior to construction in any undeveloped areas,
EMWD shall review the plans for consistency with design criteria. Once approved by
the EMWD engineer, the applicant shall pay the required connection fee to EMWD
prior to construction of the sewer line.
Measure 3.8 -3b: Prior to construction, the project applicant and /or
each subsequent project applicant will pay its fair share in mitigation fees to EMWD to
upgrade the First Street and the Pujol Street sewer lines.
(b) Facts in Support of Findings
There are various existing sewer lines within the Specific Plan
area boundary. Two of these sewer lines, the First Street and the Pujol Street lines,
are currently at capacity. The First Street sewer is a 10 -inch pipe and the Pujol Street
sewer line is an 8 -inch pipe. Both of these sewer lines will require upgrades to
accommodate full project build -out. To ensure that the impacts remain less than
significant, Mitigation Measures 3.9 -3a and 3.8 -3b will be implemented to guarantee
capacity of the sewer lines and to reduce the impacts to below the level of
significance.
3. Insufficient landfill capacity impacts
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During construction, solid waste may include a variety of building
materials that can be recycled. Construction activities would require the removal of
asphalt and concrete, stucco, wood, and other building materials from redeveloped
areas. New construction would also generate solid waste consisting of cardboard and
other paper products, metals, plastics and other building materials. The increased
Specific Plan area (annexation of approximately 2.4 acres, reduction of area by
approximately 2.3 acres) and the intensity of development anticipated by
implementation of the Project would result in an increased generation of solid waste.
(a) Findings
Changes or alterations have been required in or incorporated into
the Project that reduce the potential impacts related to landfill capacity to less than
significant.
Measure 3.8 -6: All proposed development plans shall designate
adequate and convenient space on the property to be used for collecting all recyclable
materials generated on the premises.
(b) Facts in Support of Findings
Projects under the Specific Plan Amendment would be
implemented over an approximate 20- to 30 -year timeframe. Given the extended
timeframe for build -out, the contribution of solid waste from the project area would be
limited.
The project area is required to have recycling collection and
loading facilities in compliance with the California Integrated Waste Management Act
of 1989 (AB 939), which requires cities to divert 50 percent of their solid waste through
source reduction, recycling, and composting. While there will be 0.10 of an acre net
increase in the Specific Plan area and an intensity of development anticipated by
implementation of the project that potentially could increase generation of solid waste,
the increase would be minimal given that the commercial building floor space would be
reduced in Old Town by approximately 1,405,285 square feet (even with the increase
in 749 residential units proposed). Furthermore, the City would be required to
maintain the 50 percent diversion rate required by the State for all solid waste. The
solid waste generated by the project would place a minimal burden on the City to
maintain the required diversion rate. This increase would not require additional landfill
capacity. Finally, implementation of Mitigation Measure 3.8 -6 would ensure that the
proposed Specific Plan Amendment would comply with the required diversion rates,
and impacts associated with solid waste would remain less than significant.
F. Traffic
conditions.
1. Adverse impacts to intersections in existing plus ambient growth
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In the "Existing Plus Ambient Growth Plus Proposed Specific Plan"
condition, nine (9) of the fourteen (14) intersections studied will operate at acceptable
levels of service. The following intersections will not operate at an acceptable LOS:
-Old Town Front Street /Rancho California Road (LOS F for PM Peak Hour)
-Old Town Front Street /North Moreno Road (LOS E for PM Peak Hour)
-Old Town Front Street /Sixth Street (LOS F for PM Peak Hour)
-Old Town Front Street /Main Street (LOS F for PM Peak Hour)
-Old Town Front Street /Second Street (LOS E for PM Peak Hour)
(a) Findings
Changes or alterations have been required in or incorporated into
the Project that reduce traffic impacts related to these intersections to less than
significant.
Measure 3.9 -1: The project applicant shall incorporate the
following features into the design of the Specific Plan area:
-At the intersection of Old Town Front Street and Rancho
California Road provide a northbound through /right -turn lane combination with a right -
turn overlap.
-Provide subsequent Traffic Impact Analyses, as development
occurs, to determine need and timing for implementation of enhancements to the
intersection of Old Town Front Street /Second Street and the northern Mercedes Street
connection to Old Town Front Street and /or implementation of Roundabouts in the
vicinity of Old Town Front Street and First Street /Santiago Road and Old Town Front
Street and Mercedes Street in the vicinity of the Moreno Road south loop.
-Provide pedestrian facilities from Old Town Front Street which
connect the east and west neighborhood cores with the Old Town Core District.
(b) Facts in Support of Findings
In order to maintain the unique "Main Street' character of the Old
Town area, which is geared towards a pedestrian experience, LOS E and F will be
deemed acceptable on Old Town Front Street from Second Street to Moreno Road
North. Proposed impacts will be reduced to a less than significant level with
implementation of the proposed mitigation measures such as enhancements to the
intersection of Old Town Front Street /Second Street and the northern Mercedes Street
connection to Old Town Front Street and /or roundabouts, pedestrian facilities and
accepting LOS E and F from Second Street to Sixth Street. Furthermore, any increase
in traffic at the build out of the Amended Old Town Specific Plan will be significantly
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lower than projected under the current Specific Plan and therefore impacts would be
less than significant.
2. Adverse impact to intersections in General Plan plus Proposed
Specific Plan conditions.
In the "General Plan Build out Plus Proposed Specific Plan" condition,
eight (8) of the fourteen (14) intersections studied will operate at acceptable levels of
service. The following intersections will not operate at an acceptable LOS:
-Old Town Front Street /Rancho California Road (LOS F for PM Peak Hour)
-Old Town Front Street /North Moreno Road (LOS F for PM Peak Hour)
-Old Town Front Street /Sixth Street (LOS F for PM Peak Hour)
-Old Town Front Street /Main Street (LOS F for PM Peak Hour)
-Old Town Front Street /Second Street (LOS E for PM Peak Hour)
•1 -15 Southbound Ramps /Rancho California Road (LOS F for PM Peak Hour)
(a) Findings
Changes or alterations have been required in or incorporated into
the Project that reduce traffic impacts related to these intersections to less than
significant.
Measure 3.9 -2: The project applicant shall incorporate the
following features into the design of the Specific Plan area:
-At the intersection of Old Town Front Street and Rancho
California Road, provide a westbound right -turn overlap.
-Provide subsequent Traffic Impact Analyses, as development
occurs, to determine need and timing for implementation of enhancements to the
intersection of Old Town Front Street /Second Street and the northern Mercedes
Street /Moreno Road connection to Old Town Front Street and /or implementation of
Roundabouts at the north and south entries to Old Town.
-Provide pedestrian facilities from Old Town Front Street which
connect the east and west neighborhood cores with the Old Town Core District.
(b) Facts in Support of Findings
In order to maintain the unique "Main Street' character of the Old
Town area, which is geared towards a pedestrian experience, LOS E and F will be
deemed acceptable on Old Town Front Street from Second Street to Moreno Road
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North. Also, the General Plan policies and standards, as amended, including the
Circulation Element, for the Old Town Specific Plan area are specifically guided by the
standards of the Old Town Specific Plan which allow for traffic impacts at the specified
intersections. Proposed impacts will be reduced to a less than significant level with
implementation of the proposed mitigation measures such as enhancements to the
intersection of Old Town Front Street /Second Street and the northern Mercedes Street
connection to Old Town Front Street and /or roundabouts, pedestrian facilities and
accepting LOS E and F from Second Street to Sixth Street. Furthermore, any increase
in traffic at the build out of the amended Old Town Specific Plan will be significantly
lower than projected under the current Specific Plan and therefore impacts would be
less than significant.
VI. Environmental Effects that Remain Significant and Unavoidable After
Mitigation
In the environmental areas of air quality, global warming /climate change, and
noise, there are instances where potential environmental impacts would remain
significant and unavoidable, as discussed below.
A. Air Quality
1. Short Term Construction Impacts
Short term construction could violate air quality standards or contribute
substantially to existing or projected air quality violations during the short duration of
construction. Construction - related emissions would occur intermittently for
approximately 30 years. Project construction activities would include site preparation,
earthmoving, and general construction. Site preparation includes activities such as
general land clearing and grubbing. Earthmoving activities include cut - and -fill
operations, trenching, soil compaction, and grading. General construction includes
adding improvements such as roadway surfaces, structures, and facilities. The
emissions generated from these construction activities include:
• Dust (including PM10 and PM2.5) primarily from "fugitive" sources
(i.e., emissions released through means other than through a stack or tailpipe) such as
soil disturbance;
• Combustion emissions of criteria air pollutants (ROG, NOx,
carbon monoxide, carbon dioxide, PM10, and PM2.5) primarily from operation of
heavy off -road construction equipment (primarily diesel- operated), portable auxiliary
equipment, and construction worker automobile trips (primarily gasoline- operated);
and
• Evaporative emissions (ROG) from asphalt paving and
architectural coatings.
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Construction - related fugitive dust emissions would vary from day to day,
depending on the level and type of activity, silt content of the soil, and the weather. In
the absence of mitigation, construction activities may result in significant quantities of
dust, and as a result, local visibility and PM10 concentrations may be adversely
affected on a temporary and intermittent basis during construction. In addition, the
fugitive dust generated by construction would include not only PM10, but also larger
particles, which would fall out of the atmosphere within several hundred feet of the site
and could result in nuisance -type impacts.
(a) Findings
Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the Program EIR. Changes
or alterations have been required in, or incorporated into the Project that avoid or
substantially lessen the potential significant environmental effect as identified in the
Program EIR. Although the following Mitigation Measures will be implemented to
lessen the short term air quality impacts, none were identified that could reduce the
impacts to below the level of significance and therefore impacts still will remain
potentially significant.
Measure 3.2 -2a: The applicant shall ensure that a fugitive dust
control program is implemented pursuant to the provisions of SCAQMD Rule 403.
Measure 3.2 -2b: Prior to grading and construction, the applicant
shall be responsible for compliance with the following:
A. During clearing, grading, earth moving, or excavation, maintain
equipment engines in proper tune.
B. After clearing, grading, earth moving, or excavation:
1. Wet the area down, sufficient enough to form a crust
on the surface with repeated soakings, as necessary, to maintain the crust and
prevent dust pick up by the wind.
2. Spread soil binders.
3. Implement street sweeping as necessary.
C. During construction:
1. Use water trucks or sprinkler systems to keep all
areas where vehicles move damp enough to prevent dust raised when leaving the site.
completed for the day.
2. Wet down areas in the late morning and after work is
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3. Use low sulfur fuel (0.05 percent by weight) for
construction equipment.
D. Discontinue construction during second stage smog alerts.
Measure 3.2 -2c: Prior to grading and construction, the applicant
shall be responsible for compliance with the following:
A. Require a phased schedule for construction activities to
minimize daily emissions.
B. Schedule activities to minimize the amount of exposed
excavated soil during and after the end of work periods.
C. Treat unattended construction areas with water (disturbed
lands which have been, or are expected to be, unused for four or more consecutive
days).
D. Require the planting of vegetative ground cover as soon as
possible on construction sites.
construction sites.
E. Install vehicle wheel- washers before the roadway entrance at
F. Wash off trucks leaving the site.
G. Require all trucks hauling dirt, sand, soil, or other loose
substances and building materials to be covered, or to maintain a minimum freeboard
of two feet between the top of the load and the top of the truck bed sides.
H. Use vegetative stabilization, whenever possible, to control soil
erosion from stormwater, especially on super pads.
I. Require enclosures or chemical stabilization of open storage
piles of sand, dirt, or other aggregate materials.
J. Control off -road vehicle travel by posting driving speed limits
on these roads, consistent with City standards.
K. Use electricity from power poles rather than temporary diesel
or gasoline power generators.
Measure 3.2 -2d: Prior to grading and construction, the applicant
shall be responsible for the paving of all access aprons to the project site and the
maintenance of the paving.
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Measure 3.2 -2e: Prior to issuance of grading permits, the
applicant shall be responsible for assuring that construction vehicles are equipped with
proper emission control equipment to substantially reduce emissions.
Measure 3.2 -2f: Prior to issuance of grading permits, the
applicant shall be responsible for the incorporation of measures to reduce
construction - related traffic congestion into the project grading permit. Measures,
subject to the approval and verification by the Public Works Department shall include,
as appropriate:
interference.
A. Provision of rideshare incentives.
B. Provision of transit incentives for construction personnel.
C. Configuration of construction parking to minimize traffic
D. Measures to minimize obstruction of through traffic lanes.
E. Use of a flagman to guide traffic when deemed necessary.
Measure 3.2 -2g: Prior to the building /construction operations,
applicant and individual contractors shall commit in writing to the following:
A. Scheduling receipt of construction materials outside of the
peak travel periods (i.e., 7:30 — 8:30 AM and 4:00 — 6:00 PM);
sensitivity; and
B. Routing construction traffic through areas of least impact
C. Limiting lane closures and detours to off -peak travel periods.
(b) Facts in Support of Findings
It is mandatory for all construction projects in the Basin to comply with
SCAQMD Rule 403 for fugitive dust ( SCAQMD, 2005b). Specific Rule 403 control
requirements include, but are not limited to, applying water in sufficient quantities to
prevent the generation of visible dust plumes, applying soil binders to uncovered
areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing
system to remove bulk material from tires and vehicle undercarriages before vehicles
exit the proposed project site, and maintaining effective cover over exposed areas.
NOx, ROG, PM10, PM2.5, CO, and CO2 construction emissions were
estimated with each phase of construction occurring concurrently for 30 years.
Urbemis 2007 default amounts were used for crews, truck trips, and equipment
numbers; see EIR Appendix D for more details. Emissions are based on criteria
pollutant emission factors from URBEMIS 2007. The results of this analysis are
summarized in EIR Table 3.2 -5 through Table 3.2 -7. As shown in EIR Table 3.2 -5,
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construction emissions of NOx, CO, PM10, and PM2.5 with construction under the
Specific Plan Amendment would exceed SCAQMD thresholds of significance and
would therefore be significant.
The approved existing Specific Plan is shown in EIR Table 3.2 -6 to
produce NOx, CO, PM10, and PM2.5 over the SCAQMD thresholds as well. Table 3.2-
7 shows the difference in emissions levels from the proposed Specific Plan
Amendment minus the existing Specific Plan. As shown in EIR Table 3.2 -7, emissions
of ROG, PM10, and PM2.5 are lower in the proposed Specific Plan Amendment
versus the existing Specific Plan. However, impacts under the proposed Specific Plan
Amendment would remain significant and unavoidable.
2. Long Term Operational Impacts
Project operations could violate air quality standards or contribute
substantially to existing or projected air quality violations during the long term.
Operational emissions for the proposed project would be generated primarily from on-
road vehicular traffic, area sources (such as landscaping equipment), and indirectly by
the energy consumption of the buildings proposed under the Specific Plan
Amendment. Because power is provided to the City of Temecula over an integrated
electricity grid, indirect emissions from the use of electricity could occur at any of the
fossil - fueled power plants in California or neighboring states, or from hydroelectric or
nuclear plants or renewable energy sources. For all power plants, it can be assumed
that the emissions are reviewed as part of the permitting process before the power
plant is built or expanded.
Operational emissions for mobile and area sources are based on criteria
pollutant emission factors from URBEMIS 2007. The results of this analysis are
summarized in EIR Table 3.2 -8 through EIR Table 3.2 -10. As shown in EIR Table 3.2-
8, build -out of the proposed Specific Plan Amendment would exceed all SCAQMD
thresholds of significance and would, therefore, be significant.
(a) Findings
Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the Program EIR. Changes
or alterations have been required in or incorporated into the Project that avoid or
substantially lessen the potential significant environmental effects as identified in the
Program EIR. The following Mitigation Measures listed below will be implemented to
lessen the long term operational air quality impacts, none were identified that could
reduce the impacts to below the level of significance, and therefore impacts will remain
potentially significant.
Measure 3.2 -3a: Construct on -site or off -site bus turnouts,
passenger benches, and shelters.
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Measure 3.2 -3b: Provide shuttles to major rail transit centers of
multi -modal stations.
Measure 3.2 -3c: Contribute to regional transit systems (e.g.,
right -of -way, capital improvements, etc.).
Measure 3.2 -3d: Synchronize traffic lights on streets impacted by
development.
Measure 3.2 -3e: Set up resident worker training programs to
improve job /housing balance.
(b) Facts in Support of Findings
As shown in EIR Table 3.2 -9 (also provided below), the operational
emissions with build -out of the existing Specific Plan would also exceed all SCAQMD
thresholds. When the proposed project is compared to the build -out of the existing
Specific Plan, as shown in EIR Table 3.2 -10 (also provided below), a major reduction
of all emissions occurs. However, operational emissions would remain significant and
unavoidable.
TABLE 3.2 -8
PROPOSED SPECIFIC PLAN BUILD -OUT OPERATIONAL EMISSIONS
(pounds per day)a
Project Data
ROG NOx
CO
PM10
PM2.5
CO2
Area Sources
145 46
34
<1
<1
57,363
Mobile Sources
763 1,106
9,825
1,802
351
1,072,376
Total
908 1,152
9,869
1,802
351
1,129,739
SCAQMD Thresholds of Significance
55 55
550
150
55
NA
Significant (Yes or No)?
Yes Yes
Yes
Yes
Yes
NA
Difference between Existing and Proposed
319 535
4642
860
167
517,784
Significant (Yes or No)?
No No
No
No
No
No
a Project emissions estimates were made using U RBEMIS2007,
version 9.2. See Appendix
AQ for more details.
NOTE: Values in bold are in excess of the applicable SCAQMD significance threshold. NA =Not Available
SOURCE: ESA, 2010.
TABLE 3.2 -9
EXISTING SPECIFIC PLAN BUILD -OUT OPERATIONAL EMISSIONS
(pounds per day)a
Project Data
ROG NOx
CO
PM10
PM2.5
CO2
Area Sources
114 53
42
<1
<1
64,290
Mobile Sources
1,113 1,634
14,489
2,662
518
1,583,234
Total
1,227 1,687
14,511
2,662
518
1,647,523
SCAQMD Thresholds of Significance
55 55
550
150
55
NA
Significant (Yes or No)?
Yes Yes
Yes
Yes
Yes
NA
a Project emissions estimates were made using U RBEMIS2007, version 9.2. See Appendix AQ for more details
NOTE: Values in bold are in excess of the applicable SCAQMD significance threshold. NA =Not Available
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SOURCE: ESA, 2010.
PROPOSED SPECIFIC PLAN BUILD -OUT OPERATIONAL EMISSIONS MINUS EXISTING SPECIFIC PLAN
BUILD -OUT OPERATIONAL EMISSIONS
(pounds per day)a
Project Data
ROG
NOx
CO
PM10
PM2.5
COz
Difference between Total Existing SP Build -out
-319
-535
-4642
-860
-167
- 517,784
Emissions and Proposed SP Build -out
Emissions
SCAQMD Thresholds of Significance
55
55
550
150
55
NA
Significant (Yes or No)?
No
No
No
No
No
No
a Project emissions estimates were made using U RBEMIS2007, version 9.2. See Appendix AQ for more details.
NOTE: Values in bold are in excess of the applicable SCAQMD significance threshold. NA =Not Available
SOURCE: ESA, 2010.
3. Cumulative Impacts to Air Quality
Air pollutant emissions associated with the project would result in an
adverse cumulative impact to air quality. A cumulative impact arises when two or more
individual effects considered together are considerable, or which compound or
increase other environmental impacts. Cumulative impacts can result from individually
minor but collectively significant impacts, meaning that the project's incremental
effects must be viewed in connection with the effects of past, current, and probable
future projects.
Construction
Construction activity associated with other projects in the general area
would typically involve the use of similar equipment and may overlap with the
construction schedule of the project. Though the project creates a significant and
unavoidable impact, it is assumed that other project construction activity would comply
with the SCAQMD required mitigation measures, which would reduce air quality
impacts but not eliminate air pollutant emissions completely. This would be a
significant cumulative impact.
(a) Findings
Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the Program EIR. Although
mitigation measures were evaluated for their ability to eliminate the potential significant
adverse impacts upon cumulative air quality impacts, none were identified that could
reduce the impacts to below the level of significance.
(b) Facts in Support of Findings
Mitigation Measures related to future construction and operations
within the Old Town Specific Area will be implemented to reduce air quality impacts.
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However, the mitigation measures were evaluated and determined not to eliminate the
cumulative potential significant adverse impacts upon air quality. No feasible
measures were identified that could reduce the impacts from associated with the
project that would result in an adverse cumulative impact to air quality.
B. Global Warming /Climate Change
1. Conflicts with implementation of state goals for reducing GHG
emissions and thereby negatively impacts global climate change.
The project could conflict with implementation of State goals for reducing
GHG emissions and could thereby have a negative effect on global climate change.
The proposed project would contribute to global climate change as a result of
emissions of GHGs, primarily CO2, emitted by construction and operational activities.
GHG impacts are considered to be exclusively cumulative impacts; there are no non-
cumulative greenhouse gas emission impacts from a climate change perspective
(CAPCOA, 2008). Thus, the Specific Plan Amendment analysis of GHG emissions is
to determine whether the proposed project impact is cumulatively considerable.
(a) Findings
Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the Program EIR.
Specifically, although mitigation measures were evaluated for their ability to eliminate
the potential significant adverse impacts upon Global Warming, none were identified
that could reduce the impacts to below the level of significance.
Measure 3.3 -1: The City shall require implementation of all
feasible energy efficiency and GHG reduction measures, including but not limited to
the following:
Energy Efficiency
Design buildings to be energy efficient.
Install efficient lighting and lighting control systems. Use daylight as an integral
part of lighting systems in buildings.
Use trees, landscaping and sun screens on west and south exterior building walls
to reduce energy use.
Install light colored "cool' roofs, cool pavements.
Provide information on energy management services for large energy users.
Install energy efficient heating and cooling systems, appliances and equipment,
and control systems.
Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting.
Limit the hours of operation of outdoor lighting.
Provide education on energy efficiency.
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Renewable Energy
Install solar and wind power systems, solar and tankless hot water heaters, and
energy- efficient heating ventilation and air conditioning. Educate consumers about
existing incentives.
Install solar panels on carports and over parking areas.
Use combined heat and power in appropriate applications.
Water Conservation and Efficiency
Create water - efficient landscapes.
Install water - efficient irrigation systems and devices, such as soil moisture -based
irrigation controls.
• Use reclaimed water for landscape irrigation in new developments and on public
property. Install the infrastructure to deliver and use reclaimed water.
• Design buildings to be water - efficient. Install water - efficient fixtures and
appliances.
• Use graywater. (Graywater is untreated household waste water from bathtubs,
showers, bathroom wash basins, and water from clothes washing machines.) For
example, install dual plumbing in all new development allowing graywater to be
used for landscape irrigation.
Restrict watering methods (e.g., prohibit systems that apply water to non -
vegetated surfaces) and control runoff.
Restrict the use of water for cleaning outdoor surfaces and vehicles.
Implement low- impact development practices that maintain the existing hydrologic
character of the site to manage storm water and protect the environment.
(Retaining storm water runoff on -site can drastically reduce the need for energy -
intensive imported water at the site.)
• Devise a comprehensive water conservation strategy appropriate for the project
and location. The strategy may include many of the specific items listed above,
plus other innovative measures that are appropriate to the specific project.
• Provide education about water conservation and available programs and
incentives.
Solid Waste Measures
• Reuse and recycle construction and demolition waste (including, but not limited to,
soil, vegetation, concrete, lumber, metal, and cardboard).
• Provide interior and exterior storage areas for recyclables and green waste and
adequate recycling containers located in public areas.
• Provide education and publicity about reducing waste and available recycling
services.
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Land Use Measures
• Include mixed -use, infill, and higher density in development projects to support the
reduction of vehicle trips, promote alternatives to individual vehicle travel, and
promote efficient delivery of services and goods.
• Educate the public about the benefits of well- designed, higher density
development.
Incorporate public transit into project design.
Preserve and create open space and parks. Preserve existing trees, and plant
replacement trees at a set ratio.
• Develop "brownfields" and other underused or defunct properties near existing
public transportation and jobs.
• Include pedestrian and bicycle -only streets and plazas within developments.
Create travel routes that ensure that destinations may be reached conveniently by
public transportation, bicycling or walking.
Transportation and Motor Vehicles
Limit idling time for commercial vehicles, including delivery and construction
vehicles.
Use low or zero - emission vehicles, including construction vehicles.
(*The following goals, policies and /or suggestions are guiding principles that
shall be required of the site specific applicant as applicable.)
"Transportation and Motor Vehicles
• Promote ride sharing programs (e.g., by designating a certain percentage of
parking spaces for ride sharing vehicles, designating adequate passenger loading
and unloading and waiting areas for ride sharing vehicles, and providing a web site
or message board for coordinating rides).
• Create car sharing programs. Accommodations for such programs include
providing parking spaces for the car share vehicles at convenient locations
accessible by public transportation.
• Provide the necessary facilities and infrastructure to encourage the use of low or
zero - emission vehicles (e.g., electric vehicle charging facilities and conveniently
located alternative fueling stations).
Institute a low- carbon fuel vehicle incentive program.
Provide public transit incentives such as free or low -cost monthly transit passes.
Promote "least polluting" ways to connect people and goods to their destinations.
Incorporate bicycle lanes and routes into street systems, new subdivisions, and
large developments.
Incorporate bicycle - friendly intersections into street design.
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• For commercial projects, provide adequate bicycle parking near building entrances
to promote cyclist safety, security, and convenience. For large employers, provide
facilities that encourage bicycle commuting, including, e.g., locked bicycle storage
or covered or indoor bicycle parking.
• Create bicycle lanes and walking paths directed to the location of schools, parks
and other destination points.
Work with the school district to restore or expand school bus services.
Institute a telecommute and /or flexible work hours program. Provide information,
training, and incentives to encourage participation. Provide incentives for
equipment purchases to allow high - quality teleconferences.
Provide information on all options for individuals and businesses to reduce
transportation- related emissions. Provide education and information about public
transportation.
"Off -site Mitigation: Fund off -site mitigation projects (e.g., alternative energy projects,
or energy or water audits for existing projects) that will reduce carbon emissions,
conduct an audit of its other existing operations and agree to retrofit, or purchase
carbon "credits" from another entity that will undertake mitigation.
(b) Facts in Support of Findings
The Specific Plan Amendment analysis of GHG emissions is to
determine whether the proposed project impact is cumulatively considerable. Four
types of analyses are used to determine whether the project could be cumulatively
considerable and potentially conflict with the State goals for reducing GHG emissions.
The analyses are as follows:
A. Any potential conflicts with the CARB's thirty -nine (39)
recommended actions in California's AB 32 Climate Change Scoping Plan.
B. The relative size of the project. The project's GHG emissions will
be compared to the size of major facilities that are required to report GHG emissions
(25,000 metric tons /year of CO2e) to the State. The project size will also be compared
to the SCAQMD GHG threshold, as well as the California GHG emissions limit of 427
million metric tons per year of CO2e emissions by 2020. In reaching its goals the
CARIB will focus upon the largest emitters of GHG emissions.
C. The basic energy efficiency parameters of a project to determine
whether its design is inherently energy efficient.
D. Any potential conflicts with applicable City of Temecula plans,
policies, or regulations adopted for the purpose of reducing the emissions of GHGs.
With regard to Item A, the proposed project does not pose any apparent
conflict with the most recent list of the CARIB early action strategies.
A -30
With regard to Item B, proposed project construction GHG emissions
would be approximately 9,955 metric tons of CO2e /yr. The existing Specific Plan
construction greenhouse gas emissions would be approximately 10,317 metric tons of
CO2E /yr. Therefore the proposed Specific Plan Amendment would have a 4 percent
reduction of construction emissions compared to the existing Specific Plan.
The proposed Specific Plan Amendment build -out operational GHG
emissions from vehicle trips and space heating would be approximately 181,717
metric tons of CO2e /yr, and indirect operation emissions from electricity generation
would be approximately 10,939 metric tons of CO2e /yr, totaling 192,657 metric tons of
CO2e /yr. The proposed project would be classified as a major source of greenhouse
gas emissions (total emissions would exceed the lower reporting limit, which is 25,000
metric tons of CO2e /yr). Existing Specific Plan build -out operational emissions from
vehicle trips and space heating account for 264,680 metric tons of CO2e /yr, and
indirect operational emissions of approximately14,472 metric tons of CO2e /yr totaling
approximately 279,152 metric tons of CO2e /yr. Therefore, the proposed Specific Plan
Amendment emissions would have a 32 percent reduction compared to the existing
Specific Plan build -out emissions.
When compared to the overall State emissions limit of approximately 427
million metric tons CO2e /yr, the proposed Specific Plan Amendment build -out
(192,657 metric tons CO2e /yr) would be 0.06 percent of the state goal. However, since
the project would result in GHG emissions that would exceed the major source
threshold (25,000 metric tons CO2e /yr) and the SCAQMD GHG screening threshold
(3,000 metric tons CO2e /yr), the project would potentially conflict with the State's
ability to meet the AB 32 goals. With regard to Item C, the project would introduce
high- density residential uses, thus creating a mixed -use environment in which
residents would benefit from nearby shopping and employment opportunities, which
would reduce the community's reliance on automobiles.
With regard to Item D, the City of Temecula does not have any plans,
policies, or regulations adopted for the purpose of reducing the emissions of GHGs,
therefore the project would not pose a conflict.
The review of Items A, B, C, and D indicate that the project would
potentially conflict with the State goals in AB 32 and, therefore, this impact would be
significant without mitigation.
The State of California Attorney General's office has compiled a list of
GHG reduction measures that could be applied to a diverse range of projects (State of
California Department of Justice, 2008), many of which are included in Mitigation
Measure 3.3 -1 above. Even with implementation of Mitigation Measure 3.3 -1, the
Specific Plan Amendment project would be considered a major source of greenhouse
gases and would exceed the SCAQMD GHG screening threshold. Consequently, the
increase in GHG by the project places the project in conflict with the goal of the state
to reduce up to 169 million metric tons CO2e /year. This impact would remain
significant and unavoidable.
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C. Noise
Project Construction
Project construction has the potential to expose persons to or generate
noise levels in excess of the applicable City of Temecula Noise Standards.
(a) Findings
Changes or alterations have been required in, or incorporated into
the Project that avoid or substantially lessen the potentially significant construction
noise impacts. Specifically, Mitigation Measure 3.7 -1a through 3.7 -1d will be imposed
to alleviate this impact. No other feasible mitigation measures exist to further reduce
this potentially significant impact.
Measure 3.7 -1a: The applicant shall ensure, as specified in City of
Temecula Ordinance No. 94 -25, that no construction may occur within one - quarter
(1 /4) of a mile of any occupied residence during the following hours:
A. 6:30 PM to 6:30 AM, Monday through Friday.
B. Before 7:00 AM or after 6:30 PM on Saturdays.
C. At any time on Sunday or any nationally recognized holiday.
Measure 3.7 -1b: The applicant shall ensure that all construction
equipment will have properly operating mufflers.
Measure 3.7 -1c: The applicant shall ensure that all construction staging
shall be performed as far as possible from occupied dwellings.
Measure 3.7 -1d: The applicant shall ensure that signs shall be posted at
the construction sites that include permitted construction days and hours, and a
contact number for the job site. 9) Reports of the results of the blast monitoring shall
be provided to the City, the local fire department, and owners of any buried utilities on
or adjacent to the site within 24 hours following blasting. Reports documenting
damage, excessive vibrations, etc. shall be provided to the City and impacted property
owners.
(b) Facts in Support of Findings
Construction activity noise levels at and near the construction areas will
fluctuate depending on the particular type, number, and duration of uses of various
pieces of construction equipment. Construction - related material haul trips will raise
ambient noise levels along haul routes, depending on the number of haul trips made
and types of vehicles used. In addition, certain types of construction equipment
generate impulsive noises (such as pile driving), which can be particularly annoying.
Pile driving, however, is not proposed for project development.
A -32
The City of Temecula noise ordinance states that when the site is within
one - quarter mile from an occupied residence, no person shall conduct construction
activity between the hours of 6:30 PM and 6:30 AM Monday through Friday, and shall
only conduct construction between the hours of 7:00 AM and 6:30 PM on Saturday.
Further, no construction activity shall be undertaken on Sundays and nationally
recognized holidays. Daytime construction is commonly exempt from noise ordinances
because background noise is typically louder during the day than at night, and sleep
disturbance is typically considered to be a nighttime impact. However, even daytime
noise levels from construction can exceed daytime ambient levels and be a substantial
annoyance to nearby residential units. It should be noted that exceptions may be
requested from the standards set forth in the City's Noise Ordinance. An application
for a construction - related exception can be submitted in writing at least three working
days (seventy -two hours) in advance of the scheduled and permitted activity
(accompanied by the appropriate inspection fees), subject to approval by the City
manager or designated representative. Although the above mitigation measures would
reduce the noise impact from construction, construction sites are noisy locations with
heavy equipment that could substantially affect noise levels at nearby residences.
Such impacts could last a substantial time before the noise complaint system would be
used to reduce the impact. Therefore, construction noise could at times be a short -
term significant and unavoidable impact of the proposed project.
2. Traffic Noise
Traffic associated with operation of the project would result in a
significant increase in ambient noise levels on nearby roadways. Most of the noise
generated by the implementation of the project would result from increased traffic. The
proposed amendment to the OTSP would contribute to an increase in local traffic
volumes, resulting in higher noise levels along local roadways as compared to existing
conditions.
(a) Findings
Changes or alterations have been required in, or incorporated into
the Project that avoid or substantially lessen the potentially significant traffic noise
impact. Specifically, Mitigation Measure 3.7 -4 will be imposed to alleviate this impact.
No other feasible mitigation measures exist to further reduce this potentially significant
impact.
Measure 3.7 -4: If necessary to comply with the interior noise
requirements of the City of Temecula and achieve an acceptable interior noise level,
noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors,
and walls) shall be incorporated into project building design, based upon
recommendations of a qualified acoustical engineer. Final recommendations for
sound -rated assemblies will depend on the specific building designs and layout of
buildings on the site and shall be determined during the design phase.
(b) Facts in Support of Findings
A -33
With implementation of Mitigation Measure 3.7 -4, the interior noise
impact from project traffic would be reduced. However, exterior noise levels along
roadways 2, 5, 6, and 7 would be substantially greater with the project than existing
and would remain a significant and unavoidable impact.
To assess the impact of project traffic on roadside noise levels, noise
level projections were created using the Federal Highway Administration's (FHWA)
TNM Lookup model and the project traffic study provided by RK Engineering Group,
Inc., for those road segments that pass by sensitive receptors. Traffic noise levels
were analyzed for 10 roadway segments. The segments analyzed and results of the
modeling are shown in EIR Table 3.7 -7 (also provided below for reference).
TABLE 3.7 -7
EXISTING AND FUTURE PEAK -HOUR NOISE LEVELS ALONG SELECTED ROADWAYS
Modeled Roadway
Segment
Existing
(A)
Existing +
Project
(B)
Incremental
Increase
(B — A)
Peak Hour Noise Levels (Leq)a
Cumulative
2035 + Project
Significant
(Yes /No)° (C)
Incremental
Increase
(C — A)
Cumulatively
Considerable?
1. Old Town
70
71
1
No
71
2
Yes
Front St north of Rancho
California Rd
2. Old Town
68
70
2
Yes
70
2
Yes
Front St south of Rancho
California Rd
3. Rancho
73
74
1
No
74
1
No
California Rd east of Old
Town Front St
4. Old Town
66
67
1
No
67
2
Yes
Front St south of Main St
5. Main St east of
50
58
8
Yes
58
8
Yes
Old Town Front St
6. Main St West
52
59
7
Yes
59
7
Yes
of Old Town Front St
7. Old Town
66
68
3
Yes
69
4
Yes
Front St north of Santiago
8. Mercedes St.
56
60
4
No
61
5
Yes
A -34
Peak Hour Noise Levels (Leq)a
Existing+ Incremental Cumulative Incremental
Existing Project Increase 2035 + Project Increase
Modeled Roadway Significant Cumulatively
Segment (A) (B) (B — A) (Yes /No)° (C) (C — A) Considerable?
South of Moreno Rd.
Mercedes
9. 3rd St west of
52
52
0
No
52
1
No
10. Moreno road
52
55
4
No
56
4
No
east of Mercedes St
Noise levels are estimated at a distance of 50 feet from roadway centerline. Data based on PM Peak Hour. Ldn is approximately equal to the peak -hour Leq under normal traffic
conditions (Caltrans, 1998).
b Considered significant if the incremental increase in noise (Ldn) is greater than 5 dBA in a noise environment of 60 dBA or less, an increase of 3 dBA in a noise environment
greater than 60 dBA and less than 65 dBA, or an increase of 1.5 dBA in a noise environment greater than 65 dBA, as described in Table 3.7 -3.
SOURCE: RK Engineering Group Inc. 2009, ESA 2009.
As depicted in E I R Table 3.7 -7, four of the 10 roadway segments would
experience a significant increase in traffic noise (compared to existing conditions)
resulting from the proposed amendment to the OTSP.
Notably, the traffic study found that the existing Specific Plan at build -out
is projected to generate approximately 11,165 net vehicles during the PM peak hour.
The proposed Specific Plan Amendment at build -out is projected to generate
approximately 7,357 net vehicles during the PM peak hour. Therefore, the proposed
amendment to the OTSP at build -out would generate considerably fewer trips and less
noise from traffic operations than the currently approved Specific Plan at build -out.
Cumulative long term traffic increasing noise levels.
The project, together with anticipated future development, could result in
long -term traffic increases that could cumulatively increase noise levels. A cumulative
impact arises when two or more individual projects, when considered together, are
considerable or which compound or increase other environmental impacts. Cumulative
impacts can result from individually minor but collectively significant impacts, meaning
that the project's incremental effects must be viewed in connection with the effects of
past, current, and probable future projects. When considered alone, the proposed
project would generate noise mainly by adding more traffic to the area. Other
anticipated projects would contribute to noise in the area due to increased traffic
volumes.
(a) Findings
A -35
Changes or alterations have been required in, or incorporated into
the Project that avoid or substantially lessen the potentially significant traffic noise
impact. Specifically, Mitigation Measure 3.7 -4 will be imposed to alleviate this impact.
No other feasible mitigation measures exist to further reduce this potentially significant
impact.
Measure 3.7 -4: If necessary to comply with the interior noise
requirements of the City of Temecula and achieve an acceptable interior noise level,
noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors,
and walls) shall be incorporated into project building design, based upon
recommendations of a qualified acoustical engineer. Final recommendations for
sound -rated assemblies will depend on the specific building designs and layout of
buildings on the site and shall be determined during the design phase.
(b) Facts in Support of Findings
EIR Table 3.7 -8 (provided below) shows the future cumulative
traffic with the project and existing traffic and the difference between the two. As
depicted in Table 3.7 -8, seven out of 10 roadway segments would experience a
significant increase in traffic noise from the proposed project.
TABLE 3.7 -8
EXISTING AND FUTURE PEAK -HOUR NOISE LEVELS ALONG SELECTED ROADWAYS
2. Old Town
Front St south of Rancho 68 70 2 Yes 70 2 Yes
California Rd
3. Rancho
California Rd east of Old 73 74 1 No 74 1 No
Town Front St
4. Old Town
Front St south of Main St 66 67 1 No 67 2 Yes
5. Main St east of 50 58 8 Yes 58 8 Yes
A -36
Peak Hour Noise Levels (Leq)a
Existing+
Incremental
Cumulative
Incremental
Existing
Project
Increase
2035 + Project
Increase
Modeled Roadway
Significant
Cumulatively
Segment
(A)
(B)
(B — A)
(Yes /No)° (C)
(C — A) Considerable?
1. Old Town
Front St north of Rancho
70
71
1
No 71
2 Yes
California Rd
2. Old Town
Front St south of Rancho 68 70 2 Yes 70 2 Yes
California Rd
3. Rancho
California Rd east of Old 73 74 1 No 74 1 No
Town Front St
4. Old Town
Front St south of Main St 66 67 1 No 67 2 Yes
5. Main St east of 50 58 8 Yes 58 8 Yes
A -36
Peak Hour Noise Levels (Leq)a
Existing+ Incremental Cumulative Incremental
Existing Project Increase 2035 + Project Increase
Modeled Roadway Significant Cumulatively
Segment (A) (B) (B — A) (Yes /No)° (C) (C — A) Considerable?
Old Town Front St
6. Main St West
of Old Town Front St 52 59 7 Yes 59 7 Yes
7. Old Town
Front St north of Santiago 66 68 3 Yes 69 4 Yes
8. Mercedes St.
5
South of Moreno Rd. 56 60 4 No 61 Yes
9. 3rd St west of
Mercedes 52 52 0 No 52 1 No
10. Moreno road
east of Mercedes St 52 55 4 No 56 4 No
a Noise levels are estimated at a distance of 50 feet from roadway centerline. Data based on PM Peak Hour. Ldn is approximately equal to the peak -hour Leq under normal traffic
conditions (Caltrans, 1998).
b Considered significant if the incremental increase in noise (Ldn) is greater than 5 dBA in a noise environment of 60 dBA or less, an increase of 3 dBA in a noise environment
greater than 60 dBA and less than 65 dBA, or an increase of 1.5 dBA in a noise environment greater than 65 dBA, as described in Table 3.7 -3.
SOURCE: RK Engineering Group Inc. 2009, ESA 2009.
With implementation of Mitigation Measure 3.7 -4, the cumulative interior
noise impacts of the project would be reduced. However, the project would result in
cumulatively considerable exterior noise levels along roadways 1, 2, and 4 through 8,
which would remain a significant and unavoidable impact.
VII. Project Alternatives
A. Alternatives Considered But Rejected in the Program EIR
The City considered a reasonable range of alternatives as discussed below. In
determining what alternatives to analyze, the City considered, but rejected, an
alternative that would result in an overall increase of commercial building floor space in
Old Town and a reduction in residential units. An increase in commercial building floor
space within the project area would result in a reduction of shared and private open
spaces (open areas for parking, courtyards, and balconies), and likely would result in
an increase in vehicle trips per day and a resulting increase in associated air quality
and noise impacts. Accordingly, this alternative was rejected.
A -37
The Program EIR analyzed three other project alternatives. These three
alternatives were considered but ultimately found not to meet the project's objectives
as for the various reasons stated below.
B. Alternatives Considered in the Program EIR
1. Alternative One — No Project /Reasonably Foreseeable
Development (Continuation of Existing Specific Plan) Alternative
(a) Summary of Alternative
Under this alternative, the current project would not be pursued
and no associated components identified under the proposed project would be built.
This alternative evaluates the environmental effects of build -out of the Specific Plan
area according to the existing OTSP.
(b) Reasons for Rejecting Alternative
The No Project /Reasonably Foreseeable Development Alternative
would result in greater air quality, noise, and traffic impacts than the current project
due to the number of vehicle trips associated with the substantial commercial
development allowed under the No Project /Reasonably Foreseeable Development
Alternative. In addition, this Alternative would not emphasize the mixed use
development promoted by the proposed Project, and therefore would not reduce
dependence on vehicles. Consequently, this Alternative would result in greater
climate change /global warming impacts than the proposed project. Finally, this
Alternative would not meet the project's primary objective of updating the existing Old
Town Specific Plan. For all of these reasons, the City Council rejects this alternative
as infeasible.
Alternative
2. Alternative Two — Increased Residential /Decreased Commercial
(a) Summary of Alternative
With the proposed Specific Plan Amendment, the mixed -use
aspect of the project results in an overall reduction in commercial building floor space
in Old Town of approximately 1,405,285 square feet compared to the existing Specific
Plan, and the addition of approximately 749 residential units over the existing Specific
Plan. The reduction in building floor space is attributable to the fact that residential
uses require more open areas for parking, courtyards, balconies, and other shared
and private open spaces than commercial uses do. Alternative 2 would increase the
amount of residential units by 1,100 residential units in comparison to the existing
OTSP and reduce the building floor space for commercial use by 2,000,000 square
feet in comparison to the existing OTSP. This Alternative would essentially increase
residential development and decrease commercial development even further than the
proposed project.
A -38
(b) Reasons for Rejecting Alternative
As a result of the reduced amount of commercial building space
under Alternative 2, there would be fewer trips generated per day and thus a reduction
in noise and air quality impacts within the OTSP area. Alternative 2 would achieve
some of the proposed project objectives by updating the current OTSP to provide
enhanced desired services within the plan area to both City residents and visitors
while being compatible with the nearby residential area; respecting the history of the
OTSP area while fitting with current economics; accommodating greater density and
encouraging a variety of architectural styles; and implementing significant new
investment in the Old Town area to help promote rapid growth in Temecula Valley and
develop a renewed interest in town centers and mixed -use development. However,
Alternative 2 would be less focused on promoting economic activity within the City
because residential development would be emphasized over commercial
development. Therefore, Alternative 2 would not fully achieve all of the project
objectives. For this reason, the City Council rejects this alternative as infeasible.
Alternative
3. Alternative Three — Reduced Residential /Increased Commercial
(a) Summary of Alternative
Alternative 3 would reduce the commercial square footage by
1,000,000 square feet compared to the existing Specific Plan and would reduce the
number of residential units by 659 units compared to the existing Specific Plan.
Therefore, Alternative 3 would result in an increase in 405,285 square feet of
commercial space in comparison to the proposed project and 1,408 fewer residential
units in comparison to the proposed project.
(b) Reasons for Rejecting Alternative
Due to the increased commercial development (as compared to
the proposed Project) and the increased vehicle trips associated therewith, Alternative
3 would result in increased adverse air quality, noise, and traffic impacts. In addition,
this Alternative would not emphasize a mixed -use environment in which residents
would benefit from nearby shopping and employment opportunities nearly as much as
the proposed project, and therefore this Alternative would result in greater climate
change /global warming impacts than the proposed project.
This Alternative would achieve some of the proposed project
objectives by updating the current OTSP to provide enhanced desired services within
the plan area to both City residents and visitors while being compatible with the nearby
residential area and respecting the history of the OTSP area. Alternative 3 would also
encourage a variety of architectural styles and implement significant new investment in
the Old Town area to help promote rapid growth in Temecula Valley and develop a
renewed interest in town centers and mixed -use development. Alternative 3 also
would be more focused on promoting economic activity within the City because
A -39
commercial development would be emphasized over residential development.
Alternative 3 would not, however, encourage development of an increased number of
high - quality residential neighborhoods compared to either the existing OTSP or the
proposed project. Therefore, Alternative 3 would not fully achieve all of the project
objectives and would have greater adverse impacts. Because adverse impacts will
increase under this Alternative and this Alternative will fail to meet all of the Project
objectives, the City Council rejects this Alternative as infeasible.
C. Environmentally Superior Alternative
The CEQA Guidelines, Section 15126.6(e)(2), requires the identification of the
environmentally superior alternative. Alternative 2 would be environmentally superior
to the proposed project based on the minimization of environmental impacts;
specifically, development under Alternative 2 would result in a reduction of traffic, air
and noise impacts. However, Alternative 2 would be less focused on promoting
economic activity within the City because residential development would be
emphasized significantly over commercial development. Therefore, Alternative 2 would
not fully achieve all of the project objectives. Due to this Alternative's inability to meet
all of the project objectives and, specifically, the objective focusing on stimulating
economic activity, the City Council finds that Alternative 2 is not the preferred
Alternative and is not superior to the proposed Project.
D. The Project As Proposed
1. Summary of Project
The Project is described in detail in the Program EIR.
2. Reasons for Selecting Project as Proposed
The City Council has carefully reviewed the attributes and environmental
impacts of all the alternatives analyzed in the Final Program EIR and has compared
them with those of the proposed Project. The City Council finds that each of the
alternatives is infeasible for various environmental, economic, technical, social, or
other reasons set forth above. The City Council further finds that the Project as
proposed is the best combination of features to serve the interest of the public and
achieve the project goals.
More specifically, the Project as proposed strikes a proper balance
between commercial development that focuses on economic activity, and high - quality
residential development that emphasizes a mixed -use environment in which residents
benefit from nearby shopping and employment opportunities. This proposed Old Town
Specific Plan Amendment recognizes the need for economic activity and growth in the
City but also promotes sound environmental policies due to the reduced reliance on
vehicle trips (stemming from mixed use development) and proximity to public
transportation. For all of these reasons, the City Council selects the Project as
proposed.
. ,I
EXHIBIT B
Statement of Overriding Considerations
The following Statement of Overriding Considerations is made in connection
with the proposed approval of the Amendment to the Old Town Specific Plan (the
"Project').
CEQA requires the decision - making agency to balance the economic, legal,
social, technological or other benefits of a project against its unavoidable
environmental risks when determining whether to approve a project. If the benefits of
the project outweigh the unavoidable adverse effects, those effects may be considered
acceptable. CEQA requires the agency to provide written findings supporting the
specific reasons for considering a project acceptable when significant impacts are
unavoidable. Such reasons must be based on substantial evidence in the Program
EIR or elsewhere in the administrative record. The reasons for proceeding with this
Project despite the adverse environmental impacts that may result are provided in this
Statement of Overriding Considerations.
The City Council finds that the economic, social and other benefits of the
Project outweigh the significant and unavoidable impacts to air quality, climate
change /global warming, and noise. In making this finding, the City Council has
balanced the benefits of the Project against its unavoidable impacts and has indicated
its willingness to accept those adverse impacts. The City Council finds that each one
of the following benefits of the Project, independent of the other benefits, would
warrant approval of the Project notwithstanding the unavoidable environmental
impacts of the Project.
A. The City Council finds that all feasible mitigation measures have been
imposed to either lessen Project impacts to less than significant or to the extent
feasible, and furthermore, that alternatives to the Project are infeasible because they
generally have similar or greater impacts, or they do not provide the benefits of the
Project, or are otherwise socially or economically infeasible as fully described in the
Statement of Facts and Findings.
B. The proposed Project strikes a proper balance between commercial
development that focuses on economic activity, and high - quality residential
development that emphasizes a mixed -use environment in which residents benefit
from nearby shopping and employment opportunities.
C. The proposed Project will reduce potential adverse environmental
impacts compared with build -out under the currently- existing Old Town Specific Plan
due to its emphasis on mixed -use development and the benefits that such
development provides, including reduced vehicle trips as a result of proximity to
shopping, entertainment, and employment opportunities.
D. The proposed Project will create additional housing units beyond what
currently exists in the Old Town Specific Plan area or what currently could be
developed in that area and thus will add to the available housing stock in the City.
E. The proposed Project will augment the City's economic base by
providing additional tax revenues resulting from the commercial component of the
proposed allowable development.
The City Council finds that the foregoing benefits provided through approval of
the Old Town Specific Plan Amendment Project outweigh the identified significant
adverse environmental impacts. The City Council further finds that each of the
individual Old Town Specific Plan Amendment Project benefits discussed above
outweighs the unavoidable adverse environmental effects identified in the Final
Program EIR and therefore finds those impacts to be acceptable. The City Council
further finds that each of the benefits listed above, standing alone, is sufficient
justification for the City Council to override these unavoidable environmental impacts.
:M
EXHIBIT C
Mitigation Monitoring and Reporting Program
C -1
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
Aesthetics
Measure 3.1 -3a: The applicant shall ensure that all lighting fixtures Pre - Construction
shall contain "sharp cut -off' fixtures, and shall be fitted with flat glass / Construction
lenses and internal and external shielding.
Measure 3.1 -3b: The applicant shall ensure that all fixtures shall be
parallel with the finished grade of the project site; no fixtures shall
be tilted above a 90- degree angle.
Measure 3.1 -3c: The applicant shall ensure that site lighting
systems shall be grouped into control zones to allow for open,
closing, and night light /security lighting schemes. All control groups
shall be controlled by an automatic lighting system utilizing a time
clock, photocell, and low voltage relays.
Measure 3.1 -3d: The applicant shall ensure that design and layout
of the site shall take advantage of landscaping, on -site architectural
massing, and off —site architectural massing to block light sources
and reflection from cars.
Measure 3.1 -3e: The applicant shall submit a lighting plan and
photometric plan to be reviewed by the City of Temecula. The
lighting plan shall include design features (such as those mentioned
above) to minimize impacts of light and glare on the surrounding
area.
Measure 3.1 -3f: The City shall complete a post - installation
inspection to ensure that the site is not excessively illuminated
(such that lighting is not creating excessive glare, unreasonably
competing for the public's attention or creating any roadway safety
hazard) and that lighting sources are properly shielded.
Measure 3.1 -3g: In order to mitigate potential impacts to the Mount
Palomar Observatory, all lighting plans shall be reviewed by the City
to assure utilization of low pressure sodium vapor lamps; step -down
lighting techniques; shielding to prevent upward and outward
illumination; and compliance with the County Ordinance No. 655.
Measure 3.1 -3h: The proposed Specific Plan amendment shall
prohibit the use of highly reflective construction materials on exterior
wall surfaces. The exterior of permitted buildings shall be
constructed of materials such as high performance tinted non -
mirrored glass, painted metal panels and pre -cast concrete or
fabricated wall surfaces.
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Building Permit,
review of plans,
field verification
and sign -off by
City of
Temecula
Old Town Specific Plan Amendment 1 ESA / D209294
MMRP Apol 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
Air Quality
Measure 3.2 -2a: The applicant shall ensure that a fugitive dust
control program is implemented pursuant to the provision of
SCAQMD Rule 403.
Measure 3.2 -2b: Prior to grading and construction, the applicant
shall be responsible for compliance with the following:
During clearing, grading, earth moving, or excavation, maintain
equipment engines in proper tune.
After clearing, grading, earth moving, or excavation:
Wet the area down, sufficient enough to form a crust on
the surface with repeated soakings, as necessary, to
maintain the crust and prevent dust pick up by the wind.
Spread soil binders.
Implement street sweeping as necessary.
During construction:
Use water trucks or sprinkler systems to keep all areas
where vehicles move damp enough to prevent dust
raised when leaving the site.
Wet down areas in the late morning and after work is
completed for the day.
Use low sulfur fuel (0.05 percent by weight) for
construction equipment.
Discontinue construction during second stage smog
alerts.
Measure 3.2 -2c: Prior to grading and construction, the applicant
shall be responsible for compliance with the following.
Require a phased schedule for construction activities to
minimize daily emissions.
Schedule activities to minimize the amount of exposed
excavated soil during and after the end of work periods.
Treat unattended construction areas with water (disturbed
lands which have been, or are expected to be, unused for four
or more consecutive days).
Require the planting of vegetative ground cover as soon as
possible on construction sites.
Pre - Construction SCAQMD
/ Construction
City of
Temecula
Building Official
or other
Designee
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Old Town Specific Plan Amendment 2 ESA / D209294
MMRP Apol 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
Install vehicle wheel- washers before the roadway entrance at
construction sites.
Wash off trucks leaving the site.
Require all trucks hauling dirt, sand, soil, or other loose
substances and building materials to be covered, or to maintain
a minimum freeboard of two feet between the top of the load
and the top of the truck bed sides.
Use vegetative stabilization, whenever possible, to control soil
erosion from stormwater, especially on super pads.
Require enclosures or chemical stabilization of open storage
piles of sand, dirt, or other aggregate materials.
Control off -road vehicle travel by posting driving speed limits on
these roads, consistent with City standards.
Use electricity from power poles rather than temporary diesel or
gasoline power generators.
Measure 3.2 -2d: Prior to grading and construction, the applicant
shall be responsible for the paving of all access aprons to the project
site and the maintenance of the paving.
Measure 3.2 -2e: Prior to issuance of grading permits, the applicant
shall be responsible for assuring that construction vehicles are
equipped with proper emission control equipment to substantially
reduce emissions.
Measure 3.2 -2f: Prior to issuance of grading permits, the applicant
shall be responsible for the incorporation of measures to reduce
construction related traffic congestion into the project grading
permit. Measures, subject to the approval and verification by the
Public Works Department, shall include, as appropriate:
Provision of rideshare incentives.
Provision of transit incentives for construction personnel.
Configuration of construction parking to minimize traffic
interference.
Measures to minimize obstruction of through traffic lanes.
Use of a flagman to guide traffic when deemed necessary.
Old Town Specific Plan Amendment 3 ESA / D209294
MMRP Apol 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Action Verification of Compliance
Monitoring Enforcement
Monitoring
Indicating
Mitigation Measures
Phase Agency
Agency
Compliance Initials Date Remarks
Measure 3.2 -2g: Prior to the building /construction operations,
applicant and individual contractors shall commit in writing to the
following:
Scheduling receipt of construction materials to peak travel
periods (i.e., 7:30 — 8:30 AM and 4:00 — 6:00 PM);
Routing construction traffic through areas of least impact
sensitivity; and
Limiting lane closures and detours to off -peak travel periods.
Measure 3.2 -3a: Construct on -site or off -site bus turnouts,
Pre - Construction SCAQMD
City of
Issuance of
passenger benches, and shelters.
/ Construction
Temecula
Grading Permit
Measure 3.2 -3b: Provide shuttles to major rail transit centers of
Building Official
and field
multi -modal stations.
or other
verification and
Designee
sign -off by City
Measure 3.2 -3c: Contribute to regional transit systems (e.g., right-
of Temecula
of -way, capital improvements, etc.).
Measure 3.2 -3d: Synchronize traffic lights on streets impacted by
development.
Measure 3.2 -3e: Set up resident worker training programs to
improve job/housing balance.
Global Warming /Climate Change
Measure 3.3 -1: The applicant shall require implementation of all
Pre- Construction SCAQMD
City of
Issuance of
feasible energy efficiency and GHG reduction measures, including
/ Construction
Temecula
Grading Permit
but not limited to the following:
Building Official
and field
Energy Efficiency
or other
verification and
Design buildings to be energy efficient.
Designee
sign -off by City
of Temecula
Install efficient lighting and lighting control systems. Use
daylight as an integral part of lighting systems in buildings.
Use trees, landscaping and sun screens on west and south
exterior building walls to reduce energy use.
Install light colored "cool" roofs, cool pavements.
Provide information on energy management services for large
energy users.
Install energy efficient heating and cooling systems,
appliances and equipment, and control systems.
Install light emitting diodes (LEDs) for traffic, street and other
outdoor lighting.
Limit the hours of operation of outdoor lighting.
Old Town Specific Plan Amendment 4 ESA / D209294
MMRP April 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
Provide education on energy efficiency.
Renewable Energy
Install solar and wind power systems, solar and tankless hot
water heaters, and energy - efficient heating ventilation and air
conditioning. Educate consumers about existing incentives.
Install solar panels on carports and over parking areas.
Use combined heat and power in appropriate applications.
Water Conservation and Efficiency
Create water - efficient landscapes.
Install water - efficient irrigation systems and devices, such as
soil moisture -based irrigation controls.
Use reclaimed water for landscape irrigation in new
developments and on public property. Install the infrastructure
to deliver and use reclaimed water.
Design buildings to be water - efficient. Install water - efficient
fixtures and appliances.
Use graywater. (Graywater is untreated household waste
water from bathtubs, showers, bathroom wash basins, and
water from clothes washing machines.) For example, install
dual plumbing in all new development allowing graywater to
be used for landscape irrigation.
Restrict watering methods (e.g., prohibit systems that apply
water to non - vegetated surfaces) and control runoff.
Restrict the use of water for cleaning outdoor surfaces and
vehicles.
Implement low- impact development practices that maintain
the existing hydrologic character of the site to manage storm
water and protect the environment. (Retaining storm water
runoff on -site can drastically reduce the need for energy -
intensive imported water at the site.)
Devise a comprehensive water conservation strategy
appropriate for the project and location. The strategy may
include many of the specific items listed above, plus other
innovative measures that are appropriate to the specific
project.
Provide education about water conservation and available
programs and incentives.
Old Town Specific Plan Amendment rJ ESA / D209294
MMRP April 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
Solid Waste Measures
Reuse and recycle construction and demolition waste
(including, but not limited to, soil, vegetation, concrete,
lumber, metal, and cardboard).
Provide interior and exterior storage areas for recyclables and
green waste and adequate recycling containers located in
public areas.
Provide education and publicity about reducing waste and
available recycling services.
Land Use Measures
Include mixed -use, infll, and higher density in development
projects to support the reduction of vehicle trips, promote
alternatives to individual vehicle travel, and promote efficient
delivery of services and goods.
Educate the public about the benefits of well- designed, higher
density development.
Incorporate public transit into project design.
Preserve and create open space and parks. Preserve existing
trees, and plant replacement trees at a set ratio.
Develop "brownfelds" and other underused or defunct
properties near existing public transportation and jobs.
Include pedestrian and bicycle -only streets and plazas within
developments. Create travel routes that ensure that
destinations may be reached conveniently by public
transportation, bicycling or walking.
Transportation and Motor Vehicles
Limit idling time for commercial vehicles, including delivery
and construction vehicles.
Use low or zero - emission vehicles, including construction
vehicles.
("The following goals, policies and /or suggestions are guiding
principles that shall be required of the applicant as applicable.)
*Transportation and Motor Vehicles
Promote ride sharing programs (e.g., by designating a certain
percentage of parking spaces for ride sharing vehicles,
designating adequate passenger loading and unloading and
waiting areas for ride sharing vehicles, and providing a web
Old Town Specific Plan Amendment 6 ESA / D209294
MMRP Apol 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
site or message board for coordinating rides).
Create car sharing programs. Accommodations for such
programs include providing parking spaces for the car share
vehicles at convenient locations accessible by public
transportation.
Provide the necessary facilities and infrastructure to
encourage the use of low or zero-emission vehicles (e.g.,
electric vehicle charging facilities and conveniently located
alternative fueling stations).
Institute a low- carbon fuel vehicle incentive program.
Provide public transit incentives such as free or low -cost
monthly transit passes.
Promote "least polluting' ways to connect people and goods to
their destinations.
Incorporate bicycle lanes and routes into street systems, new
subdivisions, and large developments.
Incorporate bicycle - friendly intersections into street design.
For commercial projects, provide adequate bicycle parking
near building entrances to promote cyclist safety, security, and
convenience. For large employers, provide facilities that
encourage bicycle commuting, including, e.g., locked bicycle
storage or covered or indoor bicycle parking.
Create bicycle lanes and walking paths directed to the location
of schools, parks and other destination points.
Work with the school district to restore or expand school bus
services.
Institute a telecommute and /or flexible work hours program.
Provide information, training, and incentives to encourage
participation. Provide incentives for equipment purchases to
allow high - quality teleconferences.
Provide information on all options for individuals and
businesses to reduce transportation - related emissions.
Provide education and information about public transportation.
*Off -site Mitigation
Fund off -site mitigation projects (e.g., alternative energy projects, or
energy or water audits for existing projects) that will reduce carbon
emissions, conduct an audit of its other existing operations and
agree to retrofit, or purchase carbon "credits" from another entity
Old Town Specific Plan Amendment 7 ESA / D209294
MMRP April 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
Cultural Resources
Mitigation Measure 3.4 -1a: Consistent with the City of Temecula's
Pre- Construction Riverside Riverside City of
General Plan Goal 6 and Implementation Procedure OS -26 and OS-
County County Temecula
39, the Specific Plan Amendment shall include a new policy which
qualified qualified Project
requires that all areas slated for development or other ground-
archaeologist archaeologist Approval
disturbing activities shall be subject to a Phase I survey (including a
and Pechanga and Pechanga
1 -mile radius records search and intensive archaeological survey)
tribal tribal
for archaeological resources on a project - specific basis prior to the
representative( representative(
City's approval of project plans. The survey shall be carried out by a
s) s)
qualified archaeologist in consultation with the Pechanga Band of
Luisefio Mission Indians (Pechanga Tribe).1 The Pechanga Tribe
shall be allowed to accompany the project archaeologist on the
Phase I walkover survey, and shall be given the opportunity to
comment on the archaeological report which results from the
evaluation. If archaeological resources are encountered during the
survey, the City shall require that the resources are evaluated for
their eligibility for listing on the National Register or California
Register by a Riverside County qualified archaeologist and the
Pechanga Tribe, and that recommendations are made for treatment
of these resources, in consultation with the Pechanga Tribe. If
Phase II archeological evaluations are recommended, the
Pechanga Tribe shall consult on all proposed test plans and
participate with the project archeologist during testing and
evaluation. All such surveys with recommendations shall be
completed prior to project approval. Any identified resources shall
be avoided if feasible. Ground - disturbing activity in areas which
were previously undisturbed, or have been determined by a
qualified archaeologist in consultation with the Pechanga Tribe, to
be sensitive for cultural resources shall be monitored by a Riverside
County qualified archaeologist and Pechanga tribal
representative(s).
Mitigation
Measure 3.4 -1 b: Consistent with the City of Temecula's
Construction City of City of Verification by
General Plan Goal 6 and Implementation Procedure OS -26 and OS-
Temecula in Temecula in City of
39, the Specific Plan Amendment shall include a new policy which
consultation consultation Temecula in
states that during construction, should prehistoric or historic
with Pechanga with Pechanga consultation
subsurface cultural resources be discovered, all activity in the
Tribe Tribe with Pechanga
vicinity of the find shall stop and a Riverside County qualified
Tribe
archaeologist, in consultation with the Pechanga Tribe will be
contacted to assess the significance of the find according to CEQA
1 Pursuant to the City's General Plan Policy 6.10 and OS -39, the Pechanga Band of Luiseno Mission Indians is specifically identified as the consulting Tribe and therefore the mitigation
measures and conditions of approval should also specifically identify the Pechanga Tribe.
Old Town Specific Plan Amendment 8 ESA / D209294
MMRP Apol 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
Guidelines Section 15064.5. If any find is determined to be
significant, the City and the archaeologist will determine, in
consultation with the Pechanga Tribe, appropriate avoidance
measures or other appropriate mitigation. All cultural materials
recovered will be, as necessary and in consultation with the
Pechanga Tribe, subject to scientific analysis, and documentation
according to current professional standards. Sacred and ceremonial
items shall not be subject to any scientific analysis. Upon
completion of earthmoving activities, the landowner shall relinquish
ownership of all cultural resources, including sacred items, burial
goods and all archaeological artifacts that are found on the project
area to the Pechanga Tribe for proper treatment and disposition.
Mitigation Measure 3.4 -1c: Consistent with the City of Temecula's Construction
City of City of Verification by
General Plan Goal 6 and Implementation Procedure OS -26 and OS-
Temecula in Temecula in City of
39, the Specific Plan Amendment shall include a new policy which
consultation consultation Temecula in
states that for projects in areas which were previously undisturbed,
with Pechanga with Pechanga consultation
or have been determined by a qualified archaeologist in consultation
Tribe Tribe with Pechanga
with the Pechanga Tribe pursuant to MM 3.4 -1a to be sensitive for
Tribe
cultural resources, at least 30 days prior to seeking a grading
permit, the Project Applicant shall contact the Pechanga Tribe to
notify the Tribe of grading, excavation and the monitoring program,
and to coordinate with the City of Temecula and the Tribe to
develop and enter into a Cultural Resources Treatment and
Monitoring Agreement. The Agreement shall address the treatment
of known cultural resources; appropriate treatment and procedure
for inadvertent discoveries; the designation, responsibilities, and
participation of Native American Tribal monitors during grading,
excavation and ground disturbing activities; project grading and
development scheduling; terms of compensation for the monitors;
and treatment and final disposition of any cultural resources, sacred
sites, and human remains discovered on the site.
Mitigation Measure 3.4 -1d: Consistent with the City of Temecula's Construction
City of City of Verification by
General Plan Goal 6 and Implementation Procedure OS -26 and OS-
Temecula in Temecula in City of
39, the Specific Plan Amendment shall include a new policy which
consultation consultation Temecula in
states that if inadvertent discoveries of subsurface cultural
with Pechanga with Pechanga consultation
resources are discovered during grading, the Project Applicant, the
Tribe Tribe with Pechanga
Project Archaeologist, and the Pechanga Tribe shall assess the
Tribe
significance of such resources and shall meet and confer regarding
the mitigation for such resources. If the project applicant and the
Pechanga Tribe cannot agree on the significance or the mitigation
for such resources, these issues will be presented to the Planning
Director for decision. The Planning Director shall make the
determination based on the provisions of the California
Environmental Quality Act with respect to archaeological resources
Old Town Specific Plan Amendment 9 ESA / D209294
MMRP Apol 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Action Verification of Compliance
Monitoring
Enforcement
Monitoring
Indicating
Mitigation Measures
Phase
Agency
Agency
Compliance Initials Date Remarks
and shall take into account the religious beliefs, customs, and
practices of the Pechanga Tribe. Notwithstanding any other rights
available under the law, the decision of the Planning Director shall
be appealable to the City of Temecula City Council.
Mitigation Measure 3.4 -1e: Consistent with the City of Temecula's
Construction
City of
City of
Verification by
General Plan Goal 6 and Implementation Procedure OS -26 and OS-
Temecula in
Temecula in
City of
39, the Specific Plan Amendment shall include a new policy which
consultation
consultation
Temecula in
states all sacred sites, should they be encountered within the
with Pechanga
with Pechanga
consultation
project area, shall be avoided and preserved as preferred
Tribe
Tribe
with Pechanga
mitigation, if feasible.
Tribe
Mitigation Measure 3.4 -2a: Consistent with the City of Temecula's
Pre - Construction
City of
City of
Verification by
General Plan Goal 6 and Implementation Procedure OS -2, the
Temecula
Temecula
City of
Specific Plan Amendment shall include a new policy which states
Temecula
that all areas slated for development or other ground- disturbing
activities in the Specific Plan Area which contain structures 50 years
old or older be surveyed and evaluated for their potential historic
significance prior to the City's approval of project plans. The survey
shall be carried out by a qualified historian or architectural historian
meeting the Secretary of the Interior's Standards for Architectural
History. If potentially significant resources are encountered during
the survey, demolition or substantial alteration of such resources
identified shall be avoided. If avoidance of identified historic
resources is deemed infeasible, the City shall prepare a treatment
plan to include, but not limited to, photo- documentation and public
interpretation of the resource.
Mitigation Measure 3.4 -4a: Consistent with State law, CEQA
Construction
City of
City of
Verification by
Guidelines, and the City of Temecula's General Plan Goal 6 and
Temecula in
Temecula in
City of
Implementation Procedure OS -26 and OS -39, the Specific Plan
consultation
consultation
Temecula in
Amendment shall include a new policy which states that if human
with Riverside
with Riverside
consultation
skeletal remains are uncovered during project construction, work in
County
County Coroner
with Riverside
the vicinity of the find shall cease and the Riverside County coroner
Coroner and
and Native
County Coroner
will be contacted to evaluate the remains If the County coroner
Native
American
and Native
determines that the remains are Native American, he or she will
American
Heritage
American
contact the Native American Heritage Commission, in accordance
Heritage
Commission
Heritage
with Health and Safety Code Section 7050.5, subdivision (c), and
Commission
Commission
Public Resources Code 5097.98 (as amended by AS 2641). The
NAHC will then identify the persons) thought to be the Most Likely
Descendent of the deceased Native American, who will then help
determine what course of action should be taken in dealing with the
remains. Per Public Resources Code 5097.98, the landowner shall
ensure that the immediate vicinity, according to generally accepted
cultural or archaeological standards or practices, where the Native
Old Town Specific Plan Amendment
10
ESA / D209294
MMRP
Apol 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
American human remains are located, is not damaged or disturbed
by further development activity until the landowner has discussed
and conferred, as prescribed in this section (PRC 5097.98), with the
most likely descendents regarding their recommendations, if
applicable, taking into account the possibility of multiple human
remains.
Per Public Resources Code 5097.98, the landowner shall ensure
that the immediate vicinity, according to generally accepted cultural
or archaeological standards or practices, where the Native
American human remains are located, is not damaged or disturbed
by further development activity until the landowner has discussed
and conferred, as prescribed in this section (PRC 5097.98), with the
most likely descendents regarding their recommendations, if
applicable, taking into account the possibility of multiple human
remains.
Mitigation Measure 3.4 -5a: The Specific Plan Amendment shall Construction City of City of Verification by
include a new policy which states that in the event that Temecula Temecula City of
paleontological resources are discovered, the project proponent will Temecula
notify a qualified paleontologist. The paleontologist will document
the discovery as needed, evaluate the potential resource, and
assess the significance of the find under the criteria set forth in
CEQA Guidelines Section 15064.5. If fossil or fossil bearing
deposits are discovered during construction, excavations within
50 feet of the find will be temporarily halted or diverted until the
discovery is examined by a qualified paleontologist (in accordance
with Society of Vertebrate Paleontology standards (Society of
Vertebrate Paleontology, 1995)). The paleontologist will notify the
appropriate agencies to determine procedures that would be
followed before construction is allowed to resume at the location of
the find. If the City determines that avoidance is not feasible, the
paleontologist will prepare an excavation plan for mitigating the
effect of the project on the qualities that make the resource
important. The plan will be submitted to the City for review and
approval prior to implementation.
Hydrology
Mitigation Measure 3.5 -1: Prior to the issuance of a grading or
Pre- Construction
City of City of
Issuance of
building permit for individual projects, the project developer shall file
/ Construction/
Temecula Temecula
Building Permit,
a NOI with California to comply with the requirements of the NPDES
Post-
Building Official
review of plans,
General Construction Permit (Municipal Code, Chapter Chapter
Construction
or other
field verification
8.24). This would include the preparation of a SWPPP incorporating
Designee
and sign -off by
construction BMPs for control of erosion and sedimentation
City of
Old Town Specific Plan Amendment 11 ESA / D209294
MMRP Apol 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
contained in stormwater runoff. The project developer shall be Temecula
required by the Stormwater /Urban Runoff Management and
Discharge Controls of the City of Temecula's Municipal Code to
submit and implement a SWPPP using BMPs that would effectively
reduce or prevent the discharge of pollutants into receiving waters.
Noise
Measure 3.7 -1 a: The applicant shall ensure, as specified in City of Pre - Construction City of
Temecula Ordinance No. 94 -25, that no construction may occur / Construction Temecula
within one - quarter (1/4) of a mile of any occupied residence during
the following hours:
6:30 PM to 6:30 AM, Monday through Friday.
Before 7:00 AM or after 6:30 PM, Saturday.
At any time on Sunday or any nationally recognized holiday.
Measure 3.7 -1b: The applicant shall ensure that all construction
equipment will have properly operating mufflers.
Measure 3.7 -1c: The applicant shall ensure that all construction
staging shall be performed as far as possible from occupied
dwellings.
Measure 3.7 -1d: The applicant shall ensure that signs shall be
posted at the construction sites that include permitted construction
days and hours, and a contact number for the job site.
City of
Temecula
Building Official
or other
Designee
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.7 -2a: The construction contractor will conduct crack Pre - Construction
City of City of
Issuance of
surveys before construction activities that could cause architectural / Construction
Temecula Temecula
Grading Permit
damage to nearby structures. The survey will include any historic
Building Official
and field
buildings or buildings in poor condition within 15 feet of construction.
or other
verification and
The surveys will be done by photographs, video tape, or visual
Designee
sign -off by City
inventory, and will include inside as well as outside locations. All
of Temecula
existing cracks in walls, floors, and driveways should be
documented with sufficient detail for comparison after construction
to determine whether actual vibration damage occurred. A post -
construction survey should be conducted to document the condition
of the surrounding buildings after the construction is complete. The
construction contractor would be liable for construction vibration
damage to adjacent structures.
Old Town Specific Plan Amendment 12 ESA / D209294
MMRP Apol 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
Measure 3.7 -3a: Building equipment (e.g., HVAC units) shall be
Pre - Construction
City of City of
Issuance of
located away from nearby residences, on building rooftops, and
/ Construction /
Temecula Temecula
Grading Permit
properly shielded by either the rooftop parapet or within an
Post-
Building Official
and field
enclosure that effectively blocks the line of sight of the source from
Construction
or other
verification and
the nearest receptors. The resultant HVAC noise level shall not
Designee
sign -off by City
exceed 45 dBA at the nearest receptors.
of Temecula
Measure 3.7 -3b: In order to avoid noise - sensitive hours,
commercial and retail shall prohibit loading and unloading activities
between the nighttime hours of 10:00 PM and 7:00 AM.
Measure 3.7 -3c: To further address the nuisance impact of loading
dock/truck delivery noise, all loading areas for commercial and retail
uses shall be located at the rear or sides of buildings within the
commercial and mixed -use districts, where noise can be directed
away from residential uses within the mixed use areas of the
project.
Measure 3.7 -4: If necessary to comply with the interior noise
Pre - Construction
City of City of
Issuance of a
requirements of the City of Temecula and achieve an acceptable
/ Construction /
Temecula Temecula
Certificate of
interior noise level, noise reduction in the form of sound -rated
Post-
Building Official
Occupancy
assemblies (i.e., windows, exterior doors, and walls) shall be
Construction
or other
incorporated into project building design, based upon
Designee
recommendations of a qualified acoustical engineer. Final
recommendations for sound -rated assemblies will depend on the
specific building designs and layout of buildings on the site and shall
be determined during the design phase.
Utilities and Services
Measure 3.8 -1 a: The City shall continue to implement its local code
Pre - Construction
City of City of
Issuance of
that incorporates standards for parkland dedication and
Temecula Temecula
Building Permit,
development. The City requires (1) the dedication of parkland or the
Building Official
and sign -off by
payment of in -lieu fees and the development of recreation facilities
or other
City of
for all new development; and (2) developers of residential projects
Designee
Temecula
greater than 200 units must dedicate land based on the park acre
standard of five acres of usable parkland to 1,000 residents.
Measure 3.8 -1 b: The City will identify potential sites for additional
park land, monitor demand for park land and facilities concurrent
with development approvals, and prioritize potential parkland
acquisitions, expansions, and improvements within the five year
Capital Improvement Program, consistent with the adopted Parks
and Recreation Master Plan.
Old Town Specific Plan Amendment
13
ESA / D209294
MMRP
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and
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Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
Measure 3.8 -1c: The City shall 1) implement policies and standards
of the Parks and Recreation and Multi -Use Trails and Bikeways
Master Plans, including trail classifications, design standards,
implementation mechanisms, and capital improvement
programming; and 2) ensure that bike routes are provided or
reserved concurrent with new development.
Measure 3.8 -3a: Prior to construction in any undeveloped areas, Pre - Construction
City of City of
Issuance of
EMWD shall review the plans for consistency with design criteria.
Temecula Temecula
Building Permit,
Once approved bythe EMWD engineer, the applicant shall paythe
Building Official
and sign -off by
required connection fee to EMWD prior to construction of the sewer
or other
City of
line.
Designee
Temecula
Measure 3.8 -3b: Prior to construction, the project applicant and /or
each subsequent project applicant will pay its fair share in mitigation
fees to EMWD to upgrade the First Street and the Pujol Street
sewer lines.
Measure 3.8 -6: All proposed development plans shall designate
Pre- Construction City of City of
Issuance of
adequate and convenient space on the property to be used for
Temecula Temecula
Building Permit,
collecting all recyclable materials generated on the premises.
Building Official
review of plans,
or other
field verification
Designee
and sign -off by
City of
Temecula
Traffic and Transportation
Measure 3.9 -1: The project applicant shall incorporate the following Pre- Construction City of City of Issuance of a
features into the design of the Specific Plan area Temecula Temecula Certificate of
0 At the intersection of Old Town Front Street and
Rancho California Road provide a northbound
through /right -turn lane combination with a right -
turn overlap.
0 Provide subsequent Traffic Impact Analyses, as
development occurs, to determine need and
timing for implementation of enhancements to the
intersection of Old Town Front Street /Second
Street and the northern Mercedes Street
connection to Old Town Front Street and /or
implementation of Roundabouts in the vicinity of
Old Town Front Street and First Street /Santiago
Engineer or Occupancy
other Designee
Old Town Specific Plan Amendment 14 ESA / D209294
MMRP April 2010
and
OLD TOWN SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks
Road and Old Town Front Street and Mercedes
Street in the vicinity of the Moreno Road south
loop.
0 Provide pedestrian facilities from Old Town Front
Street which connect the east and west
neighborhood cores with the Old Town Core
District.
In order to maintain the unique "Main Street" character of the Old
Town area, LOS E and F will be deemed acceptable on Old Town
Front Street from Second Street to Moreno Road North.
Measure 3.9 -2: The project applicant shall incorporate the following Pre- Construction City of City of Issuance of a
features into the design of the Specific Plan area Temecula Temecula Certificate of
At the intersection of Old Town Front Street and
Rancho California Road provide a westbound
right -turn overlap.
Provide subsequent Traffic Impact Analyses, as
development occurs, to determine need and
timing for implementation of enhancements to the
intersection of Old Town Front Street /Second
Street and the northern Mercedes Street /Moreno
Road connection to Old Town Front Street and /or
implementation of Roundabouts at the north and
south entries to Old Town.
Provide pedestrian facilities from Old Town Front
Street which connect the east and west
neighborhood cores with the Old Town Core
District.
In order to maintain the unique "Main Street" character of the Old
Town area, LOS E and F will be deemed acceptable on Old Town
Front Street from Second Street to Moreno Road North.
Engineer or Occupancy
other Designee
Old Town Specific Plan Amendment 15 ESA / D209294
MMRP April 2010
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING GENERAL PLAN MAPS TO
DESIGNATE THE OLD TOWN SPECIFIC PLAN
TERRITORY AS SPECIFIC PLAN IMPLEMENTATION
( "SPI "), ANNEX APPROXIMATELY 2.4 ACRES
(LOCATED SOUTH OF FIRST STREET), REMOVE
APPROXIMATELY 2.3 ACRES (LOCATED WEST OF THE
INTERSECTION OF SIXTH STREET AND PUJOL
STREET), AMEND THE GENERAL PLAN LAND USE
ELEMENT TO DEFINE SPI, AND AMEND THE GENERAL
PLAN CIRCULATION ELEMENT TO ADD PROVISIONS
REGARDING INTERSECTION LEVEL OF SERVICE
(LR10 -0011)
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On February 9, 1994, the City Council of the City of Temecula approved
the Old Town Specific Plan and on February 22, 1994 the City Council of the City of
Temecula adopted the Old Town Specific Plan.
B. Various amendments to the Old Town Specific Plan were adopted by the
City Council of the City of Temecula since February 22, 1994.
C. The proposed amendment to the Old Town Specific Plan is a
comprehensive amendment to replace all sections of the Old Town Specific Plan with
new and updated information. In addition, an amendment to the City's Zoning Map,
General Plan Land Use Policy Map and Specific Plan Area Map modifies the boundary
of the Old Town Specific Plan to incorporate an additional 2.4 acres into the Old Town
Specific Plan located south of First Street along the west side of Old Town Front Street
and excludes 2.3 acres from the Old Town Specific Plan located west of the intersection
of Sixth Street and Pujol Street. An amendment to the General Plan Land Use Policy
Map includes a new land use designation of "Specific Plan Implementation (SPI)"
applied to all properties within the Old Town Specific Plan area. An amendment to the
Land Use Element of the City's General Plan defines the land use designation Specific
Plan Implementation (SPI) to ensure properties within the land use designation Specific
Plan Implementation (SPI) are regulated by the provisions of the Specific Plan. An
amendment to the Circulation Element of the City's General Plan adds a provision
allowing for intersection level of service as identified in a Specific Plan. ( "Project ").
D. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
E. A Draft Environmental Impact Report ( "EIR ") was prepared for the Project
in accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ( "CEQA ") and circulated for public review from
March 1, 2010 through April 14, 2010 for a 45 -day public review. Copies of the
documents have been available for public review and inspection at the offices of the
Department of Planning, located at City Hall 43200 Business Park Drive, Temecula,
California 92590.
F. The Old Town Local Review Board, at a regular meeting, considered the
Project on April 12, 2010 at which time the public and the Old Town Local Review Board
provided comments to staff and recommended approval of the Project.
G. On April 21, 2010, at a duly noticed public hearing as prescribed by law,
the Planning Commission considered the Project and any comments received prior to or
at the public hearing on April 21, 2010, at which time the City staff presented its report,
and interested persons had an opportunity to and did testify either in support or in
opposition to the Project and the draft Environmental Impact Report.
H. Following consideration of the entire record before it at the public hearing
and due consideration of the proposed Project the Planning Commission recommended
that the City Council certify the Environmental Impact Report prepared for the Project,
adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and
adopt a Mitigation Monitoring and Reporting Program for the Project.
I. At the conclusion of the Planning Commission hearing and after due
consideration of the entire record before the Planning Commission hearing, and after
due consideration of the testimony regarding the proposed Project, the Planning
Commission recommended that the City Council approve the Project including the Old
Town Specific Plan Amendment, General Plan Amendment and Title 17 Zoning Map
Amendment.
J. On , the City Council of the City of Temecula considered the
Project and the Environmental Impact Report, at a duly noticed public hearing at which
time all interested persons had an opportunity to and did testify either in support or in
opposition to this matter. The Council considered all the testimony and any comments
received regarding the Project and the Environmental Impact Report prior to and at the
public hearing.
K. Following the public hearing, the Council adopted Resolution No. 10-
certifying the Environmental Impact Report, and adopted Findings pursuant to
CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation
Monitoring and Reporting Program.
L. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Legislative Findings. The City Council in approving the General
Plan Amendment hereby finds, determines and declares that:
A. The proposed General Plan Amendment is consistent with the General
Plan and Development Code;
The proposed General Plan Amendment and associated revisions to the General
Plan conform to the existing policies within the City of Temecula General Plan.
The General Plan Land Use Element, as noted on page LU -26, anticipates that
the City will provide comprehensive planning of large areas and identifies the Old
Town Specific Plan as a specific plan area. Minor General Plan revisions will
provide that the new provisions of the Old Town Specific Plan are integrated into
the City's General Plan and are required so that the Old Town Specific Plan can
be updated to continue to support the City's General Plan objectives for the area
as outlined on Page LU -29, including preserving historic character, enhancing
economic vitality, improving public facilities and services, circulation, parking and
encouraging infill development. The Project also complies with all applicable
Development Code Standards required for Specific Plan amendments including
Section 17.16.060 (amendments to approved plans) and Section 17.01.040
(relationship to general plan) and is consistent with the City of Temecula General
Plan goals, policies and objectives.
B. The proposed General Plan Amendment would not be detrimental to the
public interest, health, safety, convenience or welfare of the City;
The proposed General Plan Amendment provides for the implementation of the
Amended Old Town Specific Plan with development standards that ensure the
public interest, health, safety, convenience or welfare of the City. The proposed
Specific Plan Amendment has been reviewed pursuant to the City's General Plan
and all applicable State laws and has been found to be consistent with the
policies, guidelines, standards and regulations intended to ensure that
development within the Old Town Specific Plan area will be constructed and
function in a manner consistent with the public health, safety and welfare.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments;
The subject area of the Old Town Specific Plan consists of approximately 153
acres. As outlined in the Land Use Element of the City's General Plan (page LU-
32), the purpose of Specific Plans is to provide a comprehensive planning
document for large areas so that a coordinated planning approach is provided for
all anticipated land use developments. As such, the entire project area has been
reviewed based on existing structures and future build out potential and is
physically suitable for the land use designations provided by the Amended Old
Town Specific Plan.
D. The proposed General Plan Amendment shall ensure the development of
desirable character which will be compatible with existing and proposed development in
the surrounding neighborhood;
As identified within the City's General Plan Land Use Element, page LU -30, Old
Town Temecula is a strong identification point for the City and the City desires to
ensure that Old Town remains a focal point for social, cultural, civic, tourist and
economic development activities. The Old Town Specific Plan was originally
adopted to support and complement the desirable character of Temecula's
downtown and the Amended provisions of the Old Town Specific further support
its downtown character. The City's General Plan Land Use Element states that
the City will continue to implement the Old Town Specific Plan and will modify or
amend it as needed to respond to development trends in the area (LU -40). As
such, the Amended Old Town Specific Plan provides guidelines that enhance the
area economically, preserves its historic cultural and ensure the development of
a desirable character compatible with existing and proposed development in Old
Town and the surrounding neighborhood.
Section 3. California Government Code Section 65358 provides the authority
for the City Council to amend the City's General Plan. The City Council, after full
consideration of the entirety of the City's General Plan hereby amends the Land Use
Element and the Circulation Element of the General Plan as more fully described
herein.
Section 4. General Plan Amendment.
A. The City Council hereby amends the City's General Plan Land Use Policy
Map, as described and illustrated in Exhibit 1, attached hereto and incorporated herein
as though set forth in full, to designate the Old Town Specific Plan area with a land use
designation called "Specific Plan Implementation (SPI) ". This amendment hereby
incorporates an additional 2.4 acres located south of First Street along the west side of
Old Town Front Street into the Old Town Specific Plan and excludes 2.3 acres located
west of the intersection of Sixth and Pujol from the Old Town Specific Plan.
B. The City Council hereby amends Figure LU -4 (Specific Plan Areas) on
page LU -28 of the Land Use Element of the City's General Plan, as described and
illustrated in Exhibit 2, attached hereto and incorporated herein as though set forth in
full, to align the boundaries of SP -5 (the Old Town Specific Plan) to reflect the amended
boundary of the Old Town Specific Plan to incorporate an additional 2.4 acres located
south of First Street along the west side of Old Town Front Street into the Old Town
Specific Plan and excludes 2.3 acres located west of the intersection of Sixth and Pujol
from the Old Town Specific Plan.
C. The City Council hereby amends pages LU -14, LU -26 and LU -29 of the
Land Use Element of the City's General Plan, as described and illustrated in Exhibit 3,
attached hereto and incorporated herein as though set forth in full, to define the land
use designation "Specific Plan Implementation (SPI)" and describe that properties within
the land use designation Specific Plan Implementation (SPI) are regulated by the
provisions of the Specific Plan.
D. The City Council hereby amends pages C -19, C -30 and C -36 of the
Circulation Element of the City's General Plan, as described and illustrated in Exhibit 4,
attached hereto and incorporated herein as though set forth in full, to add a provision
allowing for intersection level of service to be as identified in a Specific Plan.
Section 5. The City Clerk shall certify to the adoption of this Resolution and it
shall become effective upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 11th day of May, 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 11th day of May, 2010, by the
following vote:
IG \'Ix.�K�1�1►Nll�dil�dil:l�:i.�
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
IBARLqw,D R-
BA
SIXTH ST
I
•
one
SIC
EXHIBIT I
U ILI
15
WM
RD -
L4
0 75 150 300 450 600
Feet
r1gislammap pmjectalpl—inglold tom sp gpfu fcr pc cc kb mxd
Land Use Policy Map
CITY OF TEMECULA GENERAL PLAN
Specific Plan Implementation
RESIDENTIAL
RHR
Hillside (0 -0.1 Du/Ac Max)
40
F-RR I
Rural (0-0.2 Du/Ac Max)
Fvt
Very Low (0.2-0.4 Du/Ac Max)
Low (0.5-2 Du/Ac Max)
LM
Low Medium (3-6 Du/Ac Max)
0
Medium (7-12 Du/Ac Max)
0
High (13-20 Du/Ac Max)
COMMERCIAL / OFFICE
F-N-C--]
Neighborhood Commercial
Community Commercial
F-HT 7
Highway Tourist Commercial
FS-C]
Service Commercial
F-J507
Professional Office
INDUSTRIAL
Industrial Park
PUBLIC USES & OPEN SPACE
PI
Public Institutional Facilities
CORTE
F-VA-1
Vineyards/Agricultural
Open Space
F-T--TL-]
Tribal Trust Lands
=
Recreation Commercial Overlay
0 75 150 300 450 600
Feet
r1gislammap pmjectalpl—inglold tom sp gpfu fcr pc cc kb mxd
L
A
N
D
U
S
E
Figure LU -4
Specific Plan Areas
CITY OF TEMECULA GENERAL PL
Approved Specific Plans
SP- 1 Roripaugh Hills
SP- 2 Rancho Highlands
Sp- 3 Margarita Village
Sp- 4 Paloma/Paseo Del Sol
Sp- 5 Old Town
SP- 6 Campos Verdes
SP- 7 Temecula Regional Center
SP- 8 Westside/Villages at Old Town
SP- 9 Redhawk
SP -10 Vail Ranch
SP -11 Roripaugh Ranch
SP -12 Wolf Creek
SP -13 Harveston
PDO.4 Temecula Creek Village
PDO.5 Rancho Pueblo
#106 Dutch Village
# 184 Rancho Bella Vista
# 213 Wnchester Properties/Silverhawk
#265 BorelAirpark
# 284 Quinta Do Lago
# 286 Winchester 1800
# 238 Crown Valley Village
#313 Morgan Hill
Future Specific Plans
Y Specific Plan Area Y
Z Specific Plan Area Z
y •
EXHIBIT 2
SP-113W ASP -1
•
SP-8
'tfi
■ Temecula City Boundary
�. Sphere of Influence Boundary
ri Planning Area
Sauce: Temecula GIS and Cotton/BridgaVAssotlates
N 0 5,000 10,000
W Fee
Miles
S 0 1 — 2
—Ad
A■., M
SP-3
Center
12
County of
Rlverafde
SP -10
1'
• 3
awre�
- - -_ - - -i 1'I_.AN�
I I l O F T E M E C U L A G E N E R A L F L A N
LU 28
L
A
N
D
U
L
EXHIBIT 3
TABLE LU-1
LAND UsF DFSIGNATIONS
r. t%ssumea ueveu or aeveropment crtywrae. �,mce the aeveropment wnucn nas occurrea to Gate nas not reacnect the
maximum allowed level of density or intensity, future development is expected to be less than the maximum on
a citywide basis. Therefore " tazargget" levels of density/ intensity are used in projecting future development. The
target density/ intensity establishes a ceiling within the range which cannot be exceeded without Planning
Commission/City Council approval.
2. The target density/intensity does not apply to the Medium and I-Egh Density residential designations. Values
listed in the table above are for analysis purposes only.
Ill la
Range of
Target
Land Use
DUs /Net
Acre or
DUs /Net
Summary Description
FAR
Acre or FAR'
Commercial uses that require extensive floor
SC Service
0.25 -1.5 FAR
0.30 FAR
area, including home improvement stores,
discount retail stores, furniture stores, auto
dealershi ps, and light automotive service.
Primarily single or multi-tenant offices,
PO Professional
030 -10 FAR
035 FAR
including legal, design, engineering, medical,
Office
...
corporate, government, and community
facilities.
Industrial Uses
Business and employment centers including
professional offices, research and
IP Industrial Park
0.30 -1.5 FAR
0.40 FAR
development, laboratories, light
manufacturing, storage, industrial supply,
and wholesale businesses.
Public Uses and Open Space
Public and private uses including schools,
PI Public/
0.20 -0.70 FAR
0.30 FAR
transportation facilities, government offices,
Institutional
public utilities, libraries, museums, public art
galleries, hospitals, and cultural facilities.
Rural, agricultural, and vineyard uses in areas
VA Vineyards/
0.01 -0.2 FAR
0.03 FAR
around Temecula. One dwelling unit is
Agriculture
0 -0.1 Du/AC
0.1 Du/Ac
permitted per lot, as are non - residential
buildings necessaryto support vineyard or
agricultural operations.
Public and private areas of permanent open
space for such uses as parks, golf courses,
recreation facilities, natural open space,
OS Open Space
0.01 -0.1 FAR
N/A
recreation trails, greenbelts, lakes, utility
easements, active fault zones, and
undevelopable portions of floodplains along
waterways.
Tribal lands held in trust that have important
TTL Tribal Trust Lands
N/A
N/A
economic and environmental benefit to the
City.
Territory designated by the General Plan
Land Use Policy Map as "SPI" shall refer to
SPI Specific Plan
Varies
Varies
its adopted Specific Plan for a description of
Implementation
allowable uses and densities.
r. t%ssumea ueveu or aeveropment crtywrae. �,mce the aeveropment wnucn nas occurrea to Gate nas not reacnect the
maximum allowed level of density or intensity, future development is expected to be less than the maximum on
a citywide basis. Therefore " tazargget" levels of density/ intensity are used in projecting future development. The
target density/ intensity establishes a ceiling within the range which cannot be exceeded without Planning
Commission/City Council approval.
2. The target density/intensity does not apply to the Medium and I-Egh Density residential designations. Values
listed in the table above are for analysis purposes only.
Ill la
EXHIBIT 3
Table LU 3 summarizes the development capacity of the Land Use
L Plan. Within the Temecula planning area, capacity is provided for
approximately 166,250 persons in 53,700 dwelling units.
A
N SPECIFIC PLANS
Many areas within the City and Planning Area are subject to the
plans, policies and implementation measures of currently adopted or
U anticipated future Specific Plans. The purpose of Specific Plans is to
provide comprehensive planning of large areas consistent with the
S General Plan. A Specific Plan area designation is used to identify 25
E such areas within the Temecula Planning Area, which because of size,
location, and/or special development opportunities require a
coordinated and comprehensive planning approach (see Figure LU
4). In identified Specific Plan areas of 100 or more acres, approval of
a Specific Plan is required prior to approval of any discretionary land
use entitlement or issuance of any building or grading permit. In
some areas, Village Center Plans, which allow greater intensities, can
also be used. Planned development overlays can be used for smaller
areas.
Specific Plans must be prepared in accordance with the requirements
of Section 65451 of the California Government Code and the City's
Development Code, which contains some additional requirements
tailored to meet local needs and conditions. Designated areas will
require detailed plans indicating land uses, circulation, major
infrastructure and facilities, open space and parks, and appropriate
implementation measures. All Specific Plans will be evaluated for
consistency with the goals, policies, plans and programs of the
General Plan.
Approved Specific Plan Areas — As shown in Table LU 4, a total of
23 Specific Plans have been approved within the planning area as of
May, 2003. Specific Plan documents for each of these areas are
available for reference at the City Planning Department. Approved
land uses for each Specific Plan are shown on the Land Use Policy
Map.
SPI —SPECIFIC PLAN IMPLEMENTATION
Intensity Range: Varies Target Intensity: Varies
Properties designated by the General Plan Land Use Policy Map as Specific
Plan Implementation (SPI) allow for land uses that are uniquely defined by
areas /zoning districts, standards and design guidelines.
C I I ) 0 1 1 1_ Al I � U 1. V (I[, \ I R \ L 1' L \\
LU ?��
EXHIBIT 3
TABLE LU -4
APPROVED SPECIFIC PLAN AREAS
Label in
Adopted Specific
Location
Description/ Objectives
General Plan
Acres
Fig. LU -3
Plan
Land Uses
City of Temecula
SP -1
Roripaugh Estates
East side of Winchester
Pre- incorporation Specific Plan including residential and
L, LM, M,
200
Road, north of Margarita
commercial/industrial development.
NQPO,OS
Road and south of
Nicolas Road.
SP -2
Rancho Highlands
South of Rancho
Pre- incorporation Specific Plan, approved in 1984 including residential and
VL, LM, IJ SC;
237
California Road, west of
commercial/industrial development.
HT, PO, PI, OS
Ynez Road.
SP -3
Margarita Village
East of Margarita Road
Pre- incorporation Specific Plan, approved in 1988 including residential and
VL, L, LM, M,
1,345
and south of La Serena
comrnercial/industrial development.
NQ PI, OS
Way
SP -4
Paloma Del Sol/Paseo
East of Margarita Road
Pre - incorporation Specific Plan, approved in 1988 including residential and
LK 1J NC; CC;
1,368
Del Sol
between SR-79 South and
commercial/industrial development.
PO, P1, OS
Pauba Road
SP -5
Old Town
South of Rancho
To preserve historic character, enhance economic vitality; improve public
148153
California Road, at the
facilities and services, particularly circulation, parlang and drainage; and to
SPI
intersection of Old Town
encourage infill development.
Front, mid- between
Interstate 15 and the west
side of Pujol Streets
SP -6
Campos Verdes
South of Winchester
To provide residential uses near Ynez Road and Winchester Road, designed
LK GC, OS, PO
126
Road and East of
to accommodate bus shelters and other appropriate transit facilities. Land use
Margarita Road
densities and design to provide a transition or buffer from adjacent Very Low
and Low Medium density residential.
SP -7
Temecula Regional
Located between
To develop a regional commercial core to meet area needs and provide a
PO, PI
187
Center
Winchester, Ynez and
community focal point with high quality site and building design.
Margarita Roads, and
Overland Drive
SP -8
Westside (Villages at Old
South and West of Old
To provide complementary land uses to Old Town that increase the vitality of
K K OS
149
Town)
Town, adjacent to City
the area; to increase the range of housing opportunities west of 1 -15; and to
limits.
encourage sensitive site and building design given the topography of the area.
C I 1 1 J E 1 1 \1 I C U L A G E N E R A L P L.
LLI -29
L
A
N
U
`S
E
PLANS IN ACTION
The City strizes to achieve
L CS `D" for peak haur
ar mection operations and
L CS 'iC" for =o peak hour
operations.
�_ I I 1 `-) I
EXHIBIT 4
In most cases, the right -of -way shown on the mid -block cross -
sections in Figure G 1 will be adequate to accommodate the through
and left turn lanes shown in Table G3. Right turn lanes will typically
require some additional right -of -way on one side (the entering side of
the intersection). The additional right -of -way shall be a minimum of
six feet (10 feet is preferable), and shall extend for at least 250 feet
back from the intersection curb face.
PERFORMANCE CRITERIA
Evaluating the ability of the circulation system to serve Temecula's
residents and businesses requires establishing suitable performance
criteria. Performance criteria have a policy component that
establishes a desired level of service (LOS) and a technical
component that specifies how traffic forecast data can be used to
measure criteria achievement.
The performance criteria used for evaluating volumes and capacities
on the City street system are based on peak hour intersection data,
since intersections are the primary limiting factor affecting traffic
flow on City roadways. Performance criteria for freeway ramps
accessing I -15 are based on V/C ratios for each ramp. The
performance standards are summarized in Table G4.
TABLE C -4
CIRCULATION SYSTEM PERFORMANCE CRITERIA*
Peak Hour Intersection Criteria
Intersection capacity utilization (ICU) not to exceed 0.90 (LOS D)
Saturation flow rate 1,750 vehicles per hour per lane
Clearance interval 0.10 ICU
Peak Hour Freeway Ramp Criteria
Volume- to- capacity (V /C) ratio not to exceed 1.00 (LOS E)
Source: Austin -Foust Associates, Inc., September 2003.
*Except as provided in a specific plan.
The City of Temecula has an intersection capacity performance
standard of 0.90 ICU for peak hour intersection operation impacts
except as otherwise provided in a specific plan. This standard means
that an intersection is operating at 90 percent of its capacity,
corresponding to LOS D. In addition to this ICU analysis, freeway
ramps require a special traffic operations analysis. For freeway
ramps, the maximum peak hour V/ Cis 1.00.
�r 1
2 r-;.,: I
C.
R_
C
H
L
A
F
0
N
Policy 1.1 Use the Circulation Element Roadway Plan to guide
detailed planning and implementation of the City's
roadway system, including appropriate road width and
median transitions when a roadway classification
changes.
Policy 1.2 Pursue trip reduction and transportation systems
management measures to reduce and limit congestion
at intersections and along streets within the City.
Policy 1.3 Actively monitor the capacity of principal
intersections throughout the City.
Policy 1.4 When Principal Intersections exceed LOS "D" during
peak hours, or LOS "C' during off -peak hours,
consider elevating the priority of CIP projects that
reduce traffic congestion in these areas.
i i i) 1 11 \11, u t\ (; i\ I is \ t
1' 1 \ \
EXHIBIT 4
L h'
regulations apply to all new developments and may be applied to
current uses that are modified or expanded. There is currently
adequate on- street parking in the Old Town area. However, there is
a need for additional off - street parking to handle peak-period
demand.
It
1
GOALS AND POLICIES
{
ROADWAY Roadway congestion is a major concern to local residents and
LCIRCULATION
businesses. The City responds to local concerns regarding roadway
'
congestion through the identification of acceptable performance
for City
standards roadways and intersections, as well as access points
to regional highways, such as I -15. Except as otherwise provided in a
specific plan, tThe stated performance standard serves as the
Ifoundation
for providing a street network that moves people and
goods safely and efficiently throughout the City while ensuring that
traffic delays are kept to a minimum.
Goal 1 Strive to maintain a Level of Service "D" or better
at intersections within the City during peak hours
and Level of Service "C" or better during non-
peak hours.
Policy 1.1 Use the Circulation Element Roadway Plan to guide
detailed planning and implementation of the City's
roadway system, including appropriate road width and
median transitions when a roadway classification
changes.
Policy 1.2 Pursue trip reduction and transportation systems
management measures to reduce and limit congestion
at intersections and along streets within the City.
Policy 1.3 Actively monitor the capacity of principal
intersections throughout the City.
Policy 1.4 When Principal Intersections exceed LOS "D" during
peak hours, or LOS "C' during off -peak hours,
consider elevating the priority of CIP projects that
reduce traffic congestion in these areas.
i i i) 1 11 \11, u t\ (; i\ I is \ t
1' 1 \ \
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A COMPREHENSIVE
AMENDMENT TO THE OLD TOWN SPECIFIC PLAN
(LR10 -0011)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On February 9, 1994, the City Council of the City of Temecula approved
the Old Town Specific Plan and on February 22, 1994 the City Council of the City of
Temecula adopted the Old Town Specific Plan.
B. Various amendments to the Old Town Specific Plan were adopted by the
City Council of the City of Temecula since February 22, 1994.
C. The proposed amendment to the Old Town Specific Plan is a
comprehensive amendment to replace all sections of the Old Town Specific Plan with
new and updated information. In addition, an amendment to the City's Zoning Map,
General Plan Land Use Policy Map and Specific Plan Area Map modifies the boundary
of the Old Town Specific Plan to incorporate an additional 2.4 acres into the Old Town
Specific Plan located south of First Street along the west side of Old Town Front Street
and excludes 2.3 acres from the Old Town Specific Plan located west of the intersection
of Sixth Street and Pujol Street. An amendment to the General Plan Land Use Policy
Map includes a new land use designation of "Specific Plan Implementation (SPI)"
applied to all properties within the Old Town Specific Plan area. An amendment to the
Land Use Element of the City's General Plan defines the land use designation Specific
Plan Implementation (SPI) to ensure properties within the land use designation Specific
Plan Implementation (SPI) are regulated by the provisions of the Specific Plan. An
amendment to the Circulation Element of the City's General Plan adds a provision
allowing for intersection level of service as identified in a Specific Plan. ( "Project ").
D. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
E. A Draft Environmental Impact Report ( "EIR ") was prepared for the Project
in accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ( "CEQA ") and circulated for public review from
March 1, 2010 through April 14, 2010 for a 45 -day public review. Copies of the
documents have been available for public review and inspection at the offices of the
Department of Planning, located at City Hall 43200 Business Park Drive, Temecula,
California 92590.
F. The Old Town Local Review Board, at a regular meeting, considered the
Project on April 12, 2010 at which time the public and the Old Town Local Review Board
provided comments to staff and recommended approval of the Project.
G. On April 21, 2010, at a duly noticed public hearing as prescribed by law,
the Planning Commission considered the Project and any comments received prior to or
at the public hearing on April 21, 2010, at which time the City staff presented its report,
and interested persons had an opportunity to and did testify either in support or in
opposition to the Project and the draft Environmental Impact Report.
H. Following consideration of the entire record before it at the public hearing
and due consideration of the proposed Project the Planning Commission recommended
that the City Council certify the Environmental Impact Report prepared for the Project,
adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and
adopt a Mitigation Monitoring and Reporting Program for the Project.
I. At the conclusion of the Planning Commission hearing and after due
consideration of the entire record before the Planning Commission hearing, and after
due consideration of the testimony regarding the proposed Project, the Planning
Commission recommended that the City Council approve the Project including the Old
Town Specific Plan Amendment, General Plan Amendment and Title 17 Zoning Map
Amendment.
J. On , the City Council of the City of Temecula considered the
Project and the Environmental Impact Report, at a duly noticed public hearing at which
time all interested persons had an opportunity to and did testify either in support or in
opposition to this matter. The Council considered all the testimony and any comments
received regarding the Project and the Environmental Impact Report prior to and at the
public hearing.
K. Following the public hearing, the Council adopted Resolution No. 10-
certifying the Environmental Impact Report, and adopted Findings pursuant to
CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation
Monitoring and Reporting Program.
L. All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. Legislative Findings. The City Council in approving the Project
hereby finds, determines and declares that:
A. The proposed Specific Plan Amendment is consistent with the General
Plan and Development Code (Subsection 17.16.20 (Procedures) of Chapter 17.16
(Specific Plan Zoning District) of Title 17 of the Temecula Municipal Code);
The proposed Specific Plan Amendment and associated revisions to the General
Plan conform to the existing policies within the City of Temecula General Plan.
The General Plan Land Use Element, as noted page LU -26, anticipates that the
City will provide comprehensive planning of large areas and identifies the Old
Town Specific Plan as a specific plan area. Minor General Plan revisions will
provide that the new provisions of the Old Town Specific Plan are integrated into
the City's General Plan and are required so that the Old Town Specific Plan can
be updated to continue to support the City's General Plan objectives for the area
as outlined on Page LU -29, including preserving historic character, enhancing
economic vitality, improving public facilities and services, circulation, parking and
encouraging infill development. The Project also complies with all applicable
Development Code Standards required for Specific Plan amendments including
Section 17.16.060 (amendments to approved plans) and Section 17.01.040
(relationship to general plan) and is consistent with the City of Temecula General
Plan goals, policies and objectives. Furthermore, the proposed Comprehensive
Amendment to the Specific Plan meets the findings as outlined in the Temecula
Municipal Code Section 17.16.020.
B. The proposed Specific Plan Amendment would not be detrimental to the
public interest, health, safety, convenience or welfare of the City;
The proposed Specific Plan Amendment provides for development standards
that would ensure the public interest, health, safety, convenience or welfare of
the City. Careful deliberation of location, lot dimensions and physical topography
of all properties within the Old Town Specific Plan have been considered for each
designated planning area regarding anticipated uses and development potential.
The Old Town Specific Plan contains design guidelines and development
standards that provide site planning, allowable uses, architectural design,
landscape, street and sidewalk regulations anticipated to enhance the public's
interest, health safety, convenience and welfare of the City. The proposed mixed
use designations will provide additional conveniences for city residents to live,
work and shop within walking distance. The proposed Specific Plan Amendment
has been reviewed pursuant to the City's General Plan and all applicable State
laws and has been found to be consistent with the policies, guidelines, standards
and regulations intended to ensure that development within the Old Town
Specific Plan area will be constructed and function in a manner consistent with
the public health, safety and welfare.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments;
The subject area of the Old Town Specific Plan consists of approximately 153
acres. As outlined in the Land Use Element of the City's General Plan (page LU-
32), the purpose of Specific Plans is to provide a comprehensive planning
document for large areas so that a coordinated planning approach is provided for
all anticipated land use developments. A variety of Land Use Designations have
been applied to various areas within the Specific Plan including Downtown Core
District (DTC), Downtown Core /Hotel Overlay District (DTC /HO),
Residential /Limited Mixed Use District (R/LMU), Neighborhood Residential
District (NR), Civic District (CV) and Open Space (OS). Careful deliberation of
location, lot dimensions and physical topography of all properties with the Old
Town Specific Plan have been considered for each designated land use district
regarding anticipated uses and development potential. As such, the entire
project area has been reviewed based on existing structures and future build out
potential and is physically suitable for the land use designations provided by the
Amended Old Town Specific Plan.
D. The proposed Specific Plan Amendment shall ensure the development of
desirable character which will be compatible with existing and proposed development in
the surrounding neighborhood;
As identified within the City's General Plan Land Use Element, page LU -30, Old
Town Temecula is a strong identification point for the City and the City desires to
ensure that Old Town remains a focal point for social, cultural, civic, tourist and
economic development activities. The Old Town Specific was originally adopted
to support and complement the desirable character of Temecula's downtown and
the Amended provisions of the Old Town Specific further support its downtown
character. The City's General Plan Land Use Element states that the City will
continue to implement the Old Town Specific Plan and will modify or amend it as
needed to respond to development trends in the area (LU -40). As such, the
Amended Old Town Specific Plan provides guidelines that enhance the area
economically, preserves its historic cultural and ensure the development of a
desirable character compatible with existing and proposed development in Old
Town and the surrounding neighborhood.
Section 3. The City Council hereby amends the existing City of Temecula Old
Town Specific Plan dated February 8, 1994 as amended last on June 13, 2006 in its
entirety with the amended and restated City of Temecula Old Town Specific Plan dated
May 25, 2010 on file with the City of Temecula City Clerk's office.
Section 4. Severability. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days
after its adoption.
Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of ,
Jeff Comerchero, Mayor
r_T40r:61n
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 10- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of I , the following vote:
AYES: COUNCIL MEMBERS:
1► to] x.Ko1l1►NJlNd /l0d /l .1J:4:& 1
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A ZONE CHANGE TO
AMEND THE CITY'S ZONING MAP (LR10 -0011)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On February 9, 1994, the City Council of the City of Temecula approved
the Old Town Specific Plan and on February 22, 1994 the City Council of the City of
Temecula adopted the Old Town Specific Plan.
B. Various amendments to the Old Town Specific Plan were adopted by the
City Council of the City of Temecula since February 22, 1994.
C. The proposed amendment to the Old Town Specific Plan is a
comprehensive amendment to replace all sections of the Old Town Specific Plan with
new and updated information. In addition, an amendment to the City's Zoning Map,
General Plan Land Use Policy Map and Specific Plan Area Map modifies the boundary
of the Old Town Specific Plan to incorporate an additional 2.4 acres into the Old Town
Specific Plan located south of First Street along the west side of Old Town Front Street
and excludes 2.3 acres from the Old Town Specific Plan located west of the intersection
of Sixth Street and Pujol Street. An amendment to the General Plan Land Use Policy
Map includes a new land use designation of "Specific Plan Implementation (SPI)"
applied to all properties within the Old Town Specific Plan area. An amendment to the
Land Use Element of the City's General Plan defines the land use designation Specific
Plan Implementation (SPI) to ensure properties within the land use designation Specific
Plan Implementation (SPI) are regulated by the provisions of the Specific Plan. An
amendment to the Circulation Element of the City's General Plan adds a provision
allowing for intersection level of service as identified in a Specific Plan. ( "Project ").
D. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
E. A Draft Environmental Impact Report ( "EIR ") was prepared for the Project
in accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ( "CEQA ") and circulated for public review from
March 1, 2010 through April 14, 2010 for a 45 -day public review. Copies of the
documents have been available for public review and inspection at the offices of the
Department of Planning, located at City Hall 43200 Business Park Drive, Temecula,
California 92590.
F. The Old Town Local Review Board, at a regular meeting, considered the
Project on April 12, 2010 at which time the public and the Old Town Local Review Board
provided comments to staff and recommended approval of the Project.
G. On April 21, 2010, at a duly noticed public hearing as prescribed by law,
the Planning Commission considered the Project and any comments received prior to or
at the public hearing on April 21, 2010, at which time the City staff presented its report,
and interested persons had an opportunity to and did testify either in support or in
opposition to the Project and the draft Environmental Impact Report.
H. Following consideration of the entire record before it at the public hearing
and due consideration of the proposed Project the Planning Commission recommended
that the City Council certify the Environmental Impact Report prepared for the Project,
adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and
adopt a Mitigation Monitoring and Reporting Program for the Project.
I. At the conclusion of the Planning Commission hearing and after due
consideration of the entire record before the Planning Commission hearing, and after
due consideration of the testimony regarding the proposed Project, the Planning
Commission recommended that the City Council approve the Project including the Old
Town Specific Plan Amendment, General Plan Amendment and Title 17 Zoning Map
Amendment.
J. On , the City Council of the City of Temecula considered the
Project and the Environmental Impact Report, at a duly noticed public hearing at which
time all interested persons had an opportunity to and did testify either in support or in
opposition to this matter. The Council considered all the testimony and any comments
received regarding the Project and the Environmental Impact Report prior to and at the
public hearing.
K. Following the public hearing, the Council adopted Resolution No. 10-
certifying the Environmental Impact Report, and adopted Findings pursuant to
CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation
Monitoring and Reporting Program.
L. All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. Legislative Findings. The City Council in approving the Zone
Change hereby finds, determines and declares that:
A. The proposed Zone Change is consistent with the General Plan and
Development Code;
The proposed Zoning Map Amendment conforms to the City of Temecula
General Plan. The General Plan Land Use Element specifically anticipates that
parcels south of Santiago along Old Town Front Street would be zoned to allow
for a mixed use overlay in place of its Service Commercial Zoning District. As
such, rezoning 2.4 acres of this area from Service Commercial Zoning as part of
the Downtown Core Zoning District of the Old Town Specific Plan conforms to
the General Plan Land Use Element since the provisions of the proposed
Downtown Core Zoning District of the Old Town Specific Plan encourage and
promote development of mixed use projects. In addition, as part of this Project,
the removal of 2.3 acres from the Specific Plan of territory located west of the
Pujol Street/Sixth Street intersection is also consistent with the General Plan
since the territory will retain its General Plan Land Use Designation of High
Density Residential (H) and the parcels will be rezoned High Density Residential
(H). This Zoning Amendment is also consistent with Development Code Section
17.02.020 "Consistency between the General Plan and Zoning Districts" matrix
which provides guidelines for zoning consistency. The Zoning Map Amendment
complies with all applicable policies, guidelines, standards and regulations of the
General Plan and Development Code.
B. The proposed Zone Change would not be detrimental to the public
interest, health, safety, convenience or welfare of the City;
The provisions of the proposed Old Town Specific Plan that will regulate 2.4
acres being rezoned into the Old Town Specific Plan, as well as the provisions of
Title 17 of the Temecula Municipal Code that will regulate 2.3 acres being
rezoned as High Density Residential, will govern the development of the
properties including site design, building height, setbacks, parking, circulation,
and other associated site improvements and these provisions are intended to
protect the health and safety of those working in and around the site. The project
is consistent with all applicable policies, guidelines, standards and regulations
intended to ensure that the development will be constructed, and function in a
manner consistent with the public health, safety, and welfare.
C. The subject property of the Zone Change is physically suitable for the
requested land use designations and the anticipated land use developments;
The proposed zone change has been analyzed as physically suitable for the
anticipated land uses and development projects that are permitted to occur for
the subject properties. The 2.3 acres being rezoned as High Density Residential
will allow for the same residential density (12 -20 units per acre) development
potential as exists under its current zoning designation. Multifamily residential
development is anticipated on this property by its existing High Density
Residential zoning designation. While the topography of the 2.3 acres is rolling
hills, the property is physically capable of accommodating multifamily with the
appropriate site design and a variety of building types that would be able to be
constructed on the site. In addition, its location would provide residences
extraordinary views of Temecula. The 2.4 acres that is being rezoned from
Service Commercial Zoning into the Old Town Specific Plan designated as
Downtown Core is primarily vacant flat land currently used as a U -haul truck
storage area. The property is located at the entrance of the Old Town Specific
Plan area and is capable of development that could accommodate commercial or
residential units with a variety of building types as permitted by the proposed
Downtown Core Zoning Designation. The standards within each proposed zone
for both areas being rezoned provides guidelines that are suitable for their
anticipated land use developments.
D. The proposed Zone Change shall ensure the development of desirable
character which will be compatible with existing and proposed development in the
surrounding neighborhood;
The proposed zone change will remove 2.3 acres from the existing Old Town
Specific Plan (SP -5) /High Density Residential Zoning Designation and rezone the
parcels as City of Temecula Zoning Map /High Density Residential which provides
substantially the same the land use development capability as contemplated by
its current zoning and is compatible with existing and anticipated high density
residential development in the surrounding neighborhood. The proposed zone
change will also integrate 2.4 acres into the Downtown Core Zoning District of
the Old Town Specific Plan which will ensure that the character of future
development is compatible with the area and the south entrance of the Old Town
Specific Plan area.
Section 3. The City Council hereby amends the City's Zoning Map, as
described and illustrated in Exhibit 1, attached hereto and incorporated herein as
though set forth in full, to modify the boundaries of SP -5 (Old Town Specific Plan) to
incorporate an additional 2.4 acres located south of First Street along the west side of
Old Town Front Street into the Old Town Specific Plan to be zoned SP -5 (Old Town
Specific Plan) and exclude 2.3 acres located west of the intersection of Sixth and Pujol
from the Old Town Specific Plan to be zoned as High Density Residential (H).
Section 4. Severability. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days
after its adoption.
Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this day of 12010.
Jeff Comerchero, Mayor
r_T40r:61n
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 10- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of I , the following vote:
AYES: COUNCIL MEMBERS:
1► to] x.Ko1l1► [MIN d /l0d /l .1J:4:& 1
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: April 21, 2010
PREPARED BY: Stuart Fisk, Case Planner
PROJECT Long Range Planning Project No. LR10 -0011, consisting of a
SUMMARY: comprehensive amendment to the Old Town Specific Plan; a
General Plan Amendment to 1) amend the Land Use Policy Map,
assigning the territory within the Old Town Specific Plan with a land
use designation of "Specific Plan Implementation (SPI)" and
specifying that all land uses within the Specific Plan shall comply
with the provisions of the Specific Plan; and 2) amend the
Circulation Element to add a provision allowing for intersection level
of service as identified in a Specific Plan; and a Zoning Map
Amendment to modify the boundaries of the Old Town Specific Plan
including 1) the annexation of 2.4 acres located south of First Street
into the Old Town Specific Plan (SP -5); and 2) the removal of 2.3
acres located west of the intersection of Sixth Street and Pujol
Street to be rezoned to High Density Residential (H)
RECOMMENDATION: That the Planning Commission recommend City Council approval of
a comprehensive amendment to the Old Town Specific Plan, a
General Plan Amendment, and a Zone Change; and that City
Council certify the project's Environmental Impact Report (EIR) and
adopt Statements of Overriding Consideration for the EIR
CEQA:
Environmental Impact Report
PROJECT DATA SUMMARY
Name of Applicant: City of Temecula
General Plan Community Commercial (CC), Highway Tourist Commercial (HT),
Designation: Service Commercial, Low Density Residential (L), Medium Density
Residential (M), High Density Residential (H), Public Institutional
Facilities (PI), and Open Space (OS)
Zoning Designation: SP -5 (Old Town Specific Plan) and Service Commercial
Existing Conditions/
Land Use:
Site:
North:
South
East:
West:
Retail, office, restaurant, residential, motel, other uses, and vacant
Retail, office, gas station, hotels, and service commercial uses
Retail and vacant
Residential
Office, retail, service commercial, and vacant
BACKGROUND SUMMARY
In early 2007, with increased development occurring in Old Town over the previous few years
and the new Civic Center being located in the hub of Old Town, questions and concerns were
raised by residents, businesses and the development community about what the community's
vision for Old Town is as it continues to evolve and change.
Of particular concern to the community had been the intensity of building height, building mass
and adequate parking. Some individuals had also expressed concerns that the newer
developments do not maintain and respect the historic character of Old Town. As a response to
these concerns, in mid -2007 the City Council, Planning Commission and Old Town Local
Review Board directed Planning and Redevelopment staff to examine these issues, solicit
feedback from residents, businesses, property owners and the development community and
return with policy recommendations for their consideration which address these concerns.
In response to this direction, staff worked with consulting firms Inland Planning +Design and
Gibbs Planning Group (planning, urban design and retail marketing), Keyser- Marston (economic
feasibility) and Fehr and Peers (parking and circulation) to develop a three -prong approach to
analyzing the issues. This approach recognized that the issues go beyond design and building
height and mass, but also included market feasibility of different development scenarios for Old
Town and the need to identify and provide adequate circulation and parking to serve the Old
Town area.
Six workshops were held with the community from June to December 2007. These workshops
covered the topics of historic and existing conditions, urban design elements, alternative design
concepts, market feasibility and parking management and demand. The six workshops were
well attended by a mix of business and property owners, residents and concerned citizens.
Public feedback included the importance of respecting and maintaining the historic character of
Old Town, solving the parking problem, and providing a connection between Old Town and
Murrieta Creek. As a result of these six workshops, a series of ten recommendations emerged
which were overwhelmingly supported by the workshop attendees. The ten recommendations
address the following issues:
1. Historic Core
2. Streets
3. Building Heights
4. Architecture
5. Murrieta Creek Walk
6. Infrastructure
7. Residential Neighborhoods
8. Parking
9. Economic Development
10, North Area of Old Town (vicinity of Moreno Road)
On March 25, 2008, staff received authorization from City Council to proceed with a
comprehensive amendment to the Old Town Specific Plan to address the abovementioned
recommendations developed from the visioning workshops. Staff has completed the Draft Old
Town Specific Plan and is now forwarding the draft plan to the Old Town Local Review Board
for review and recommendation. Staff presented the Draft Old Town Specific Plan and Draft
Program EIR to the Old Town Local Review Board on April 12, 2010 and received a unanimous
recommendation from the Board to the Planning Commission and the City Council to adopt the
Draft Specific Plan. Pending the Planning Commission's recommendations to City Council, staff
intends to seek City Council adoption of the Draft Specific Plan, General Plan Amendment, and
Zone Change, along with certification of the Draft Program EIR and adoption of a Statement of
Overriding Considerations on May 11, 2010.
The Draft Old Town Specific Plan incorporates comprehensive revisions that address the goals
and recommendations developed during the Old Town Visioning project, which were based on
input received from the community at the abovementioned meetings. Staff is now presenting
the Draft Specific Plan to the Planning Commission for review and comment before seeking
adoption of the plan by City Council.
ANALYSIS
General Plan Amendment
The proposed General Plan Amendment would change the Land Use Designations for the
proposed Old Town Specific Plan area to a single new General Plan designation titled "Specific
Plan Implementation" from its current designations of Community Commercial (CC), Highway
Tourist Commercial (HT), Service Commercial (SC), Low Density Residential (L), Medium
Density Residential (M), High Density Residential (H), Public Institutional Facilities (PI), and
Open Space (OS).
The purpose of the Specific Plan Implementation land use district would be to ensure
consistency between the unique mixed -use development characteristics of the Old Town
Specific Plan area and the General Plan by referring directly to the Specific Plan for the
intended uses and development characteristics for this area. If approved, the General Plan
Amendment would change the General Plan Land Use Map for the area within the proposed
Specific Plan boundaries and text would be added to the General Plan Land Use Element
identifying the purpose and intent of the Specific Plan Implementation land use designation.
Additionally, text changes to the Circulation Element of the General Plan are proposed to add a
provision allowing for intersection level of service as identified in a specific plan. This would
address recommendations developed for the Traffic Impact Analysis that was prepared for the
project's EIR. The Traffic Impact Analysis recommended the use of traffic signals as a traffic
mitigation measure, or that the City accepts levels of service E and F inside the Old Town area
at the intersections of Old Town Front Street and Second, Third, Main, Fourth, Fifth, and Sixth
Streets. Due to the community's goal for Old Town to develop as a pedestrian oriented area, a
series of traffic signals along Old Town Front Street in the Old Town area would not be
desirable. Furthermore, accepting levels of service E and F along these specific intersections
will assist in creating a greater balance between pedestrian and vehicular activity.
41
Zone Chanoe
The proposed Specific Plan would add three parcels located south of First Street, between Old
Town Front Street and Murrieta Creek, totaling 2.4 acres. These parcels would be included in
the Downtown Core land use district. Additionally, the proposed Specific Plan would remove
2.3 acres from the Specific Plan at a location west of the intersection of Sixth Street and Pujol
Street. This parcel would be zoned High Density Residential (H) in conformance with its current
General Plan land use designation of High Density Residential (H). The proposed boundary
changes are illustrated in the attached "Existing and Proposed Specific Plan Boundaries"
Exhibit.
Specific Plan Amendment
To address concerns that the current Specific Plan does not adequately address issues related
to building height and massing and that recently constructed buildings do not respect the
historic character of Old Town, staff has prepared a comprehensive amendment to the Specific
Plan based on input received from the community in developing the abovementioned
recommendations. The proposed Specific Plan Amendment will help to ensure that the
elements of Old Town listed above are consistently addressed in a manner that will result in a
cohesive "downtown."
To achieve this, the areas of the Specific Plan that address the abovementioned elements of
Old Town have been updated and expanded, and criteria has been added for elements that are
not addressed in the current Specific Plan. Additionally, staff has incorporated form -based code
principles into the Specific Plan, primarily in the Development Standards and Design Guidelines
sections of the Specific Plan. These sections have been completely revised and contain the
parameters for development that will facilitate accomplishment of the design goals for Old Town
identified in the ten recommendations developed from the Visioning Project. The use of form -
based code principles results in less emphasis being placed on permitted land uses and a
greater emphasis being placed on building and street forms. The proposed Specific Plan,
however, does not altogether ignore land uses, so certain uses are regulated by the plan. Other
areas of emphasis for the proposed plan include encouraging mixed -use buildings to help
achieve a balance between commercial and residential square footage in Old Town, and
encouraging an urban downtown environment for Old Town that is pedestrian friendly.
Recognizing that uses will come and go, but that the buildings will serve the community for
many years, the proposed Specific Plan emphasizes the relationship between building facades
and the public realm, the form and mass of buildings in relation to one another, and the scale
and types of streets and blocks. Regulations and standards based on form -based code
principles, presented in words, illustrations, and photographs have been incorporated into the
proposed Specific Plan to designate the appropriate form and scale (and therefore, character) of
development in Old Town.'
Primary differences in the land use districts between the existing and proposed Specific Plans
are outlined below, beginning with a discussion of the proposed land use districts followed by a
discussion of the proposed changes to each chapter of the Specific Plan.
Downtown Core
The Tourist Retail Core land use district identified in the existing Specific Plan has been re-
named to "Downtown Core ". The Downtown Core now allows for four stories if at least one floor
4
is residential or if the fourth floor is office and provides parking, and the proposed plan also
includes a Hotel Overlay that may be constructed at up to eight stories if developed with a full
service hotel containing a restaurant and conference facilities accommodating at least 1,000
people. As with the existing Specific Plan, the proposed plan also encourages mixed -use
development and allows for both commercial and residential uses.
The land use standards for this district have also been revised using form -based code principles
as discussed above. Through the use of form -based code principles, specific regulations and
standards are presented within the Specific Plan in both words and diagrams to designate the
appropriate building form, scale, massing, and character of the buildings relative to this zoning
district of the Specific Plan. This, in turn, defines the streetscape to achieve a pedestrian
friendly urban downtown with an active public realm.
The permitted building types in the Downtown Core district include rowhouse, courtyard
building, and commercial block building types. Permitted frontage types in this district include
shop front, arcade, gallery, two -story gallery, and forecourt. The existing Specific Plan has a
requirement for a 10 -foot building setback (or an eight foot setback if a continuous arcade is
provided), which can result in random, unpredictable building placement. To ensure the
continuity of building placement along the street, the front of the buildings must be placed on a
10 -foot build -to -line (10 feet behind the property line). The specific regulations and standards
for this area are described in Section IV.D.4.a (pages IV -11 thru IV -26) and Section V.C.2
(pages V -20 thru V -29) of the proposed Specific Plan.
Residential /Limited Mixed Use
The existing plan designates the area along Moreno Road as Community Commercial and
Highway Tourist land use districts, and designates the areas south of the Mary Phillips Senior
Center (consisting primarily of single - family homes) as the Tourist Serving Residential land use
district. The proposed Specific Plan designates these areas as `Residential /Limited Mixed Use"
districts. The existing Specific Plan allows for residential uses in the area currently designated
as Tourist Serving Residential, but does not allow for residential uses in the Moreno Road area
(Community Commercial and Highway Tourist districts). The Residential /Limited Mixed Use
district expands the option for residential development by allowing for residential throughout the
district. As with the existing Specific Plan, the proposed plan would allow for commercial uses
throughout the Residential /Limited Mixed Use district.
The existing Specific Plan allows for two -story buildings in the Community Commercial and
Tourist Serving Residential land use districts, and allows for three -story buildings in the Highway
Tourist district. The proposed Specific Plan allows for expanded building floor space and
greater flexibility for the use of property in this district by allowing up to three stories throughout
the district, and by allowing a full service hotel (with a Conditional Use Permit) of up to eight
stories in the Moreno Road area.
The existing Specific Plan requires a 25 -foot front building setback in the Highway Tourist and
Community Commercial districts and allows for an eight -foot setback in the Tourist Serving
Residential district if a continuous arcade is provided. To ensure the continuity of building
placement along the street at a pedestrian scale, the proposed Specific Plan eliminates the front
setback requirement and replaces it with a ten -foot build -to -line requirement. The proposed
Specific Plan also eliminates the 70 percent lot coverage restrictions contained in the existing
Specific Plan for the Highway Tourist and Community Commercial districts.
5
The Residential /Limited Mixed Use district allows for a variety of building types including
rowhouse, courtyard building, commercial block, bungalow courtyard, duplex, triplex, and
quadplex. Permitted frontage types include shop front, arcade, gallery, two -story gallery,
forecourt, and stoop. The specific regulations and standards for this area are presented within
Section IV.D.4.b (pages IV -27 thru IV -42) and Section V.C.2 (pages V -20 thru V -29) of the
Specific Plan.
Neighborhood Residential
The existing plan designates the area along the east side of Pujol Street as High Density
Residential and the area along the west side of Pujol Street as Medium Density Residential land
use districts. The High Density Residential district allows for up to 20 units per acre and the
Medium Density Residential district allow for up to 12 units per acre. The proposed Specific
Plan designates these areas as the "Neighborhood Residential' land use district and allows for
a density of 20 to 35 units per acre throughout the district.
The existing Specific Plan requires a 20 -foot front building setback in both the Medium Density
Residential and High Density Residential districts. As with the Downtown Core and
Residential /Limited Mixed Use districts, to ensure the continuity of building placement along the
street at a pedestrian scale, the proposed Specific Plan also eliminates the front setback
requirement in the Neighborhood Residential district and replaces it with a ten -foot build -to -line
requirement. The existing Specific Plan also requires a 20 -foot rear building setback, which
would be replaced with a 10 -foot rear setback for properties not fronting Murrieta Creek. To
accommodate a variety of building types while also establishing a relationship between the
future Murrieta Creek Walk and new construction along the west side of the creek, buildings
placed on properties facing Murrieta Creek would be require to be built within a variable build -to
line located 15 to 20 feet from the property line.
The existing Specific Plan limits building height to three stories and a 35 -foot building height in
the Medium Density Residential district and to three stories and a 50 -foot building height in the
High Density Residential district. The proposed Specific Plan allows for three stories and a 50-
foot building height limit throughout the Neighborhood Residential district. Furthermore, for
buildings with podium parking in the Neighborhood Residential district, the proposed Specific
Plan would not count a podium parking level of a building as a story for the purpose of
determining the maximum number of stories, however the building would be required to comply
with the 50 -foot building height limit. Additionally, the proposed Specific Plan also eliminates
the 30 percent lot coverage restriction of the High Density Residential district and the 35 percent
lot coverage restriction of the Medium Density Residential district contained in the existing
Specific Plan.
The Neighborhood Residential district also utilizes form -based code principals and allows for a
variety of building types including rowhouse, courtyard building, bungalow courtyard, duplex,
triplex, quadplex, and detached homes with frontage types including porch, arcade, gallery, two -
story gallery, forecourt, and stoop. The specific regulations and standards for this area are
presented within Section IV.D.4.c (pages IV -43 thru IV -59) and Section V.C.2 (pages V -20 thru
V -29) of the Specific Plan.
2
Civic
The existing plan designates the Civic Center and Old Town Temecula Community Theater
areas as part of the Tourist Retail Core district. The proposed Specific Plan designates these
areas part of the Civic land use district.
Due to the unique nature of buildings and uses anticipated within the Civic district, development
requirements are not codified by the Specific Plan for this district. However, projects in the Civic
district are indented to comply with the Circulation and Streetscape Standards contained in
Section IV.H of the Specific Plan.
Specific Plan Chapters
In addition to the abovementioned proposed changes to the Specific Plan, the Introduction
chapter of the plan (Chapter I, beginning on page 1 -2) has been revised to add a discussion of
the visioning process, the ten recommendations developed through the visioning process, and
the resulting vision for Old Town. This chapter has also been updated to include corrections
and refinement to the Background and History portion of the chapter.
The Goals, Policies and Objectives chapter of the plan (Chapter II, beginning on page II -1) has
been significantly expanded to include a comprehensive set of objectives and policies based on
the following thematic areas of focus:
1.
Community Design
2.
Sustainable Development
3.
Animating the Public Realm
4.
Public Art
5.
Land Use /Economics
6.
Housing Renaissance
7.
Mobility and Transportation
8.
Parking Management
9.
Murrieta Creek
10.
Infrastructure
The expanded goals and policies define the community's hope for the future development of Old
Town, help guide future decisions for the development of Old Town, and are intended to help
identify the intent for future development as it relates to the above listed areas. Additionally, the
Goals, Policies and Objectives chapter includes the infrastructure portion of the Specific Plan
(Section II.D, beginning on page II -35). This section has been updated and expanded to identify
the infrastructure and facility needs for Old Town and to identify how these needs will be met.
The infrastructure section of the proposed Specific Plan has also been expanded to include
objectives and implementation measures for each of the infrastructure categories, and public
parking facilities are now addressed in the infrastructure section.
The Administration and Historic Preservation chapter of the Specific Plan (Chapter III, beginning
on page III -1) includes a new section (Section III.E) that describes the relationship of the
Specific Plan with the California Environmental Quality Act and provides requirements for
environmental mitigation with regard to cultural and historical resources. The tables and maps
identifying the location of historic buildings and structures in Old Town and outside of Old Town
have been updated to reflect changes including the demolition of the J.D. Welty building
(previously located on Third Street, adjacent to Murrieta Creek), and the relocation of the Arviso
House from the corner of Mercedes and Fourth Street to Pujol Street and relocation of the
Escallier house and barn from Main Street to Pujol Street.
Chapter IV of the Specific Plan contains the urban development standards for Old Town as
discussed above, and also includes criteria for Circulation and Streetscape Standards
(beginning on page IV -103). To enhance the pedestrian experience in Old Town, this section of
the Specific Plan has been completely revised to place street trees behind the curb with tree
grates, to ensure a 5.5 foot clear pedestrian zone between the tree grates and the adjacent
property line, to replace the boardwalk along Old Town Front Street with stamped concrete to
provide a surface that is easier to traverse, and to establish a street tree theme. The street tree
theme consists of Liquid Amber trees along Old Town Front Street and First Street thru Sixth
Street on the east side of Murrieta Creek, London Plane trees along Mercedes Street, Moreno
Road, Pujol Street, First Street west of Old Town Front Street, and Sixth Street west of Murrieta
Creek, and California Sycamores along the future Murrieta Creek Walk trail. Additionally, with
first floor of buildings placed on a build -to -line located 10 feet behind the property line three will
be additional space for pedestrians and window shopping, for outdoor cafe seating, or for
outdoor restaurant seating. This effectively creates an active public realm of 20 feet from the
curb to the face of the ground floor of a building.
The existing Specific Plan does not provide sufficiently specific guidelines or standards for
placement of streetscape elements. As a result, street trees have been inconsistently planted
behind the sidewalks, in the middle of the sidewalks, and behind the curbs, and in many cases
are impediments to pedestrian traffic. Mailboxes are also inconsistently placed and often
conflict with vehicles parking along the street and also create conflicts with pedestrians. Section
V of the proposed Specific Plan contains Streetscape Guidelines (beginning on page V -83) that
specifically identify locations for street trees, street furnishings, benches, street lighting, trash
receptacles, mailboxes, and other street furnishings.
The sign section of the proposed Specific Plan (Section IV,J, beginning on page IV -145) allows
for an expanded selection of sign types that complement the architectural character of Old
Town. Signs that are new to the Specific Plan include internally illuminated signs, sidewalk
terrazzo /mosaic signs, and exterior directory signs intended for upper level tenants. In addition,
the proposed Specific Plan allows for portable signs /A -frame signs to be displayed any time
during business hours, as compared to the existing Specific Plan which limits the display of
these signs to Fridays, Saturdays, Sundays, and Monday holidays. The requirements for
temporary banner signs has also been revised to allow for banners to be attached to banisters
or other elements of the building, to limit sign size to 32 square feet, and to allow for the use of
vinyl.
Chapter V of the proposed Specific Plan contains the design guidelines for Old Town. This
section includes a discussion of Old Town's architectural heritage, which sets the stage for the
guidelines relating to building form and building frontages. In addition, this section includes
guidelines for parking lots, landscaping, public art, outdoor dining and sidewalk furniture, paving
materials, streetscape, allies, and utility equipment placement. The architectural guidelines
have been revised to address the ten recommendations developed through the visioning
process. The architectural guidelines begin with a discussion of the basic building forms, and
then provide detailed descriptions and illustrations for building frontages and architectural styles.
0
The existing Specific Plan does not contain guidelines for public art, but a section has been
added to Chapter V of the proposed Specific Plan to address guidelines for public art. These
guidelines address locations for public art, symbolic and thematic content, sculptures and
monuments, and other types of public art. Additionally, the guidelines for parking lots,
landscaping, outdoor dining and sidewalk furniture, streetscape, and utility equipment
placement have been revised to reflect the goals of a form -based code and its related focus on
a comfortable urban environment for pedestrians.
Finally, an appendices chapter (Chapter VI, beginning on page V -1) is a new addition to the
Specific Plan that provides a glossary of terms utilized within the Specific Plan, provides a plant
list for Old Town, and provides case studies to illustrate how future development can implement
various provisions, regulations, and guidelines contained within the plan.
In terms of square footages and unit counts, the table below identifies what currently exists
today within the Old Town Specific Plan area, what has been approved under the existing Old
Town Specific Plan, and what is proposed under the Old Town Specific Plan Amendment. The
table also compares the differences between the approved and proposed Specific Plan and
between what currently exists in Old Town and the proposed Specific Plan:
Specific Plan Comparison Table
Currently
Existing
Approved SP
Proposed
SP
Approved /Proposed
SP Comparison
Existing /Proposed
SP Com arison
Commercial
537,632 sf
3,641,275 sf
2,235,990 sf
- 1,405,285 sf
+1,698,358 sf
Residential
681,179 sf
1,575,892 sf
2,249,285 sf
+673,393 sf
+1,568,106 sf
538 du
1,659 du
2,408 du
+749 du
+1,870 du
residents
residents
residents
residents
residents
+1,948 residents
+4,114 residents
Civic
143,525 sf
159,809 sf
159,809 sf
0 sf
+16,284 sf
Open Space
19.7 ac
19.7 ac
25.4 ac
+5.7 ac
+5.7 ac
sf = square feet; du = dwelling units
As identified in the above table, the proposed Specific Plan is anticipated to result in a reduction
of approximately 1.4 million square feet of commercial area as compared to the existing Specific
Plan, and would add approximately 749 residential units.
Parking
Staff has worked in conjunction with consultants Fehr and Peers on a parking plan for Old
Town. Through the development of the parking plan it has been determined that the existing
parking supply in Old Town of 1,319 commercial spaces (not including the recently completed
parking structure for the Civic Center) is anticipated to meet Old Town's needs for the next ten
years. For the 30 -year plan, approximately 1,180 additional commercial parking spaces are
expected to be needed at build -out. Staff has determined that a structure at the City's Second
Street parking lot could add over 500 parking spaces, and a structure at the City's Sixth Street
parking lot could add over 300 parking spaces for a total of over 800 parking spaces within
these structures. For the remaining 380 additional commercial parking spaces anticipated to be
needed at build -out, commercial development within the Residential /Limited Mixed Use district
is anticipated to provide more than 500 additional commercial parking spaces, and hotels within
Old Town will also be required to provide parking, thereby providing sufficient commercial
parking spaces within the Old Town Specific Plan area.
9
Proposed Revisions to the Draft EIR
To allow for additional potential traffic mitigation measures, staff is proposing to revise sections
of the Draft EIR to specify that the need and timing for implementation traffic mitigation will be
determined by subsequent Traffic Impact Analyses, and to allow for enhancements to the
intersection of Old Town Front Street/Second Street and the northern Mercedes Street/Moreno
Road connection to Old Town Front Street, either in addition to the roundabouts discussed as
mitigation measures in the Draft EIR, or instead of the roundabouts as determined by
subsequent Traffic Impact Analyses. These revisions also delete the southern connection of
Mercedes Street to Old Town Front Street/First Street/Santiago Road as this extension of
Mercedes Street has been determined to be infeasible. A copy of the proposed Draft EIR
revisions is provided in the attachment to this staff report titled "Proposed Draft Environmental
Impact Report (EIR) Revisions ". Proposed text deletions are shown with strikethrough and
proposed text additions are shown in bold text with underlining.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on April 10, 2010 and mailed to the
property owners within the required 600 -foot radius.
ENVIRONMENTAL DETERMINATION
A Draft Program Environmental Impact Report (EIR) was prepared under staff's direction by
ESA and was distributed to responsible agencies, interested groups, organizations, and
individuals. The Draft Program EIR was made available for public review and comment for a
period of 45 days. The public review and comment period for the Draft EIR established by the
State Clearinghouse commenced on March 1, 2010 and expired on April 14, 2010. The City of
Temecula received written comments and responded to each comment in the Final
Environmental Impact Report (FEIR). A copy of the City's response has been provided to
commenting agencies as required by State law. A copy of the Draft EIR document has been
provided to the Commission.
The environmental analysis identified one area where impacts were not considered to be
significant (land use) and five areas where potentially significant impacts were identified which
could be avoided or mitigated. These five areas include aesthetics, cultural resources,
hydrology, utilities, and traffic and transportation. The EIR contains mitigation measures for
those environmental impacts that can be mitigated to a less than significant impact. Three
impact areas were identified as resulting in an unavoidable, significant impact and include the
following:
➢ Construction, project operation, and cumulative air impacts
➢ Stage goals for reducing greenhouse gas (GHG) emissions
➢ Construction, traffic, and cumulative noise impacts
In accordance with Section 15093 of the State CEQA Guidelines, the City Council must adopt
Statements of Overriding Consideration prior to approving the Old Town Specific Plan
Amendment. The Statements of Overriding Consideration state that any significant adverse
project effects are acceptable if the expected project benefits outweigh unavoidable adverse
environmental impacts.
10
Among the benefits that this project provides the community are expanded economic
opportunities through a more active urban downtown, an increased variety in housing types to
complement the City's current housing stock, needed roadway expansion in the Old Town area,
the potential for the addition of a full service hotel to serve the Temecula area, and the potential
for significant new employment.
FINDINGS
General Plan Amendment
The proposed Specific Plan Amendment is consistent with the General Plan and Development
Code.
The proposed Specific Plan Amendment and associated revisions to the General Plan conform
to the existing policies within the City of Temecula General Plan, The General Plan Land Use
Element, as noted page LU -26, anticipates that the City will provide comprehensive planning of
large areas and identifies the Old Town Specific Plan as a specific plan area. Minor General
Plan revisions will provide that the new provisions of the Old Town Specific Plan are integrated
into the City's General Plan and are required so that the Old Town Specific Plan can be updated
to continue to support the City's General Plan objectives for the area as outlined on Page LU-
29, including preserving historic character, enhancing economic vitality, improving public
facilities and services, circulation, parking and encouraging infill development. The Project also
complies with all applicable Development Code Standards required for Specific Plan
amendments including Section 17.16.060 (amendments to approved plans) and Section
17.01.040 (relationship to general plan) and is consistent with the City of Temecula General
Plan goals, policies and objectives.
The proposed Specific Plan Amendment would not be detrimental to the public interest, health,
safety, convenience or welfare of the City.
The proposed Specific Plan Amendment provides for development standards that would ensure
the public interest, health, safety, convenience or welfare of the City. The proposed Specific
Plan Amendment has been reviewed pursuant to the City's General Plan and all applicable
State laws and has been found to be consistent with the policies, guidelines, standards and
regulations intended to ensure that development within the Old Town Specific Plan area will be
constructed and function in a manner consistent with the public health, safety and welfare.
The subject property is physically suitable for the requested land use designations and the
anticipated land use developments.
The subject area of the Old Town Specific Plan consists of approximately 153 acres. As
outlined in the Land Use Element of the City's General Plan (page LU -32), the purpose of
Specific Plans is to provide a comprehensive planning document for large areas so that a
coordinated planning approach is provided for all anticipated land use developments. As such,
the entire project area has been reviewed based on existing structures and future build out
potential and is physically suitable for the land use designations provided by the Amended Old
Town Specific Plan.
The proposed Specific Plan Amendment shall ensure the development of desirable character
which will be compatible with existing and proposed development in the surrounding
neighborhood.
11
As identified within the City's General Plan Land Use Element, page LU -30, Old Town
Temecula is a strong identification point for the City and the City desires to ensure that Old
Town remains a focal point for social, cultural, civic, tourist and economic development
activities. The Old Town Specific was originally adopted to support and complement the
desirable character of Temecula's downtown and the Amended provisions of the Old Town
Specific further support its downtown character. The City's General Plan Land Use Element
states that the City will continue to implement the Old Town Specific Plan and will modify or
amend it as needed to respond to development trends in the area (LU -40). As such, the
Amended Old Town Specific Plan provides guidelines that enhance the area economically,
preserves its historic cultural and ensure the development of a desirable character compatible
with existing and proposed development in Old Town and the surrounding neighborhood.
Specific Plan
The proposed Specific Plan Amendment is consistent with the General Plan and Development
Code.
The proposed Specific Plan Amendment and associated revisions to the General Plan conform
to the existing policies within the City of Temecula General Plan. The General Plan Land Use
Element, as noted page LU -26, anticipates that the City will provide comprehensive planning of
large areas and identifies the Old Town Specific Plan as a specific plan area. Minor General
Plan revisions will provide that the new provisions of the Old Town Specific Plan are integrated
into the City's General Plan and are required so that the Old Town Specific Plan can be updated
to continue to support the City's General Plan objectives for the area as outlined on Page LU-
29, including preserving historic character, enhancing economic vitality, improving public
facilities and services, circulation, parking and encouraging infill development. The Project also
complies with all applicable Development Code Standards required for Specific Plan
amendments including Section 17.16.060 (amendments to approved plans) and Section
17.01.040 (relationship to General Plan) and is consistent with the City of Temecula General
Plan goals, policies and objectives.
The proposed Specific Plan Amendment would not be detrimental to the public interest, health,
safety, convenience or welfare of the City.
The proposed Specific Plan Amendment provides for development standards that would ensure
the public interest, health, safety, convenience or welfare of the City. The proposed Specific
Plan Amendment has been reviewed pursuant to the City's General Plan and all applicable
State laws and has been found to be consistent with the policies, guidelines, standards and
regulations intended to ensure that development within the Old Town Specific Plan area will be
constructed and function in a manner consistent with the public health, safety and welfare.
The subject property is physically suitable for the requested land use designations and the
anticipated land use developments.
The subject area of the Old Town Specific Plan consists of approximately 153 acres. As
outlined in the Land Use Element of the City's General Plan (page LU -32), the purpose of
Specific Plans is to provide a comprehensive planning document for large areas so that a
coordinated planning approach is provided for all anticipated land use developments. As such,
the entire project area has been reviewed based on existing structures and future build out
potential and is physically suitable for the land use designations provided by the Amended Old
Town Specific Plan.
12
The proposed Specific Plan Amendment shall ensure the development of desirable character
which will be compatible with existing and proposed development in the surrounding
neighborhood.
As identified within the City's General Plan Land Use Element, page LU -30, Old Town
Temecula is a strong identification point for the City and the City desires to ensure that Olc
Town remains a focal point for social, cultural, civic, tourist and economic development
activities. The Old Town Specific was originally adopted to support and complement the
desirable character of Temecula's downtown and the Amended provisions of the Old Town
Specific further support its downtown character. The City's General Plan Land Use Element
states that the City will continue to implement the Old Town Specific Plan and will modify or
amend it as needed to respond to development trends in the area (LU -40). As such, the
Amended Old Town Specific Plan provides guidelines that enhance the area economically,
preserves its historic cultural and ensure the development of a desirable character compatible
with existing and proposed development in Old Town and the surrounding neighborhood.
Zone Change
The proposed Zone Change is consistent with the General Plan and Development Code.
The proposed Zoning Map Amendment conforms to the City of Temecula General Plan, The
General Plan Land Use Element specifically anticipates that parcels south of Santiago along
Old Town Front Street would be zoned to allow for a mixed use overlay in place of its Service
Commercial Zoning District. As such, rezoning 2.4 acres of this area from Service Commercial
Zoning as part of the Downtown Core Zoning District of the Old Town Specific Plan conforms to
the General Plan Land Use Element since the provisions of the proposed Downtown Core
Zoning District of the Old Town Specific Plan encourage and promote development of mixed
use projects. In addition, as part of this Project, the removal of 2.3 acres from the Specific Plan
of territory located west of the Pujol Street/Sixth Street intersection is also consistent with the
General Plan since the territory will retain its General Plan Land Use Designation of High
Density Residential (H) and the parcels will be rezoned High Density Residential (H). This
Zoning Amendment is also consistent with Development Code Section 17.02.020 "Consistency
between the General Plan and Zoning Districts" matrix which provides guidelines for zoning
consistency. The Zoning Map Amendment complies with all applicable policies, guidelines,
standards and regulations of the General Plan and Development Code.
The proposed Zone Change would not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
The provisions of the proposed Old Town Specific Plan that will regulate 2.4 acres being
rezoned into the Old Town Specific Plan, as well as the provisions of Title 17 of the Temecula
Municipal Code that will regulate 2.3 acres being rezoned as High Density Residential, will
govern the development of the properties including site design, building height, setbacks,
parking, circulation, and other associated site improvements and these provisions are intended
to protect the health and safety of those working in and around the site. The project is
consistent with all applicable policies, guidelines, standards and regulations intended to ensure
that the development will be constructed, and function in a manner consistent with the public
health, safety, and welfare.
The subject property of the Zone Change is physically suitable for the requested land use
designations and the anticipated land use developments.
13
The proposed zone change has been analyzed as physically suitable for the anticipated land
uses and development projects that are permitted to occur for the subject properties.
Furthermore, the standards within each proposed zone provides guidelines that are suitable for
anticipated land use developments.
The proposed Zone Change shall ensure the development of desirable character which will be
compatible with existing and proposed development in the surrounding neighborhood.
The proposed zone change will remove 2.3 acres from the existing Old Town Specific Plan (SP-
5) High Density Residential Zoning Designation and rezone the parcels as City of Temecula
Zoning Map /High Density Residential which provides substantially the same the land use
development capability as contemplated by its current zoning and is compatible with existing
and anticipated high density residential development in the surrounding neighborhood. The
proposed zone change will also integrate 2.4 acres into the Downtown Core Zoning District of
the Old Town Specific Plan which will ensure that the character of future development is
compatible with the area and the south entrance of the Old Town Specific Plan area.
ATTACHMENTS
Aerial Map
Existing and Proposed Specific Plan Boundaries
Proposed Draft Environmental Impact Report (EIR) Revisions
City Website Link to Draft Old Town Specific Plan and Draft EIR
PC Resolution (Environmental Impact Report)
PC Resolution (Overall recommendation of City Council actions)
Exhibit A Draft CC Ordinance (Amendment to the Old Town Specific Plan)
Exhibit B Draft CC Resolution (General Plan Amendment)
Exhibit 1 — Land Use Policy Map
Exhibit 2 — Specific Plan Areas Map
Exhibit 3 — Land Use Element
Exhibit 4 — Circulation Element
Exhibit C Draft CC Ordinance (Zoning Map Amendment)
Exhibit 1 — City Zoning Map
Notice of Public Hearing
14
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16
EXISTING AND PROPOSED SPECIFIC PLAN BOUNDARIES
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18
PROPOSED DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) REVISIONS
PROPOSED DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) REVISIONS
Draft EIR Page S -51:
Measure 3.9 -1: The project applicant shall incorporate the following into the design of the Specific Plan
area:
• At the intersection of Old Town Front Street and Rancho California Road, provide a northbound
through /right -turn lane combination with a right -turn overlap.
• Provide subsequent Traffic Impact Analyses, as development occurs, to determine thresholds -fer
need and timing for implementation of enhancements to the intersection of Old Town Front
Street /Second Street and the northern Mercedes Street /Moreno Road connection to Old
Town Front Street and /or implementation of Roundabouts at the north and south entries to
Old Town
• Provide pedestrian facilities from Old Town Front Street which connect the east and west
neighborhood cores with the Old Town Core District.
In order to maintain the unique "Main Street' character of the Old Town area, LOS and F will be deemed
acceptable on Old Town Front Street from Second Street to Moreno Road North.
Measure 3.9 -2: The project applicant shall incorporate the following features into the design of the
Specific Plan area:
• At the intersection of Old Town Front Street and Rancho California Road, provide a westbound
right -turn overlap.
• Provide subsequent Traffic Impact Analyses, as development occurs, to determine thresheld5 fer
need and timing for implementation of enhancements to the intersection of Old Town Front
Street /Second Street and the northern Mercedes Street /Moreno Road connection to Old
Town Front Street and /or implementation of Roundabouts at the north and south entries to
Old Town
• Provide pedestrian facilities from Old Town Front Street which connect the east and west
neighborhood cores with the Old Town Core District.
In order to maintain the unique "Main Street' character of the Old Town area, LOS and F will be deemed
acceptable on Old Town Front Street from Second Street to Moreno Road North.
Draft EIR page 3.9 -10:
Roundabout Analysis
Roundabouts are a form of intersection control commonly used throughout the world and are gaining
increasing momentum throughout the United States. They are circular intersections with specific design
and traffic control features that include yield control of all entering traffic, channelized approaches, and
appropriate geometric curvature to ensure that travel speeds on the circulatory roadway are typically less
than 30 mph.
Along with speed reduction and traffic calming elements of the roundabout, the appeal of the roundabout
lies in the safety principles it employs. A typical two -way intersection has 32 vehicle -to- vehicle conflict
points and 24 vehicle -to- pedestrian conflict points. A modern two -way roundabout has eight vehicle -to-
vehicle conflict points and eight vehicle -to- pedestrian conflict points. Fewer conflict points reduce traffic
accidents.
In conjunction with the efforts to decrease cut - through traffic on Old Town Front Street and allow for a
more even traffic distribution, the City of Temecula has-irlso--engaged may enuralze in efforts to enhance
the intersection of Old Town Front Street /Second Street and the northern Mercedes Street/Moreno
Road connection to Old Town Front Street expand McFeedps St- h old .r
an the north end, and the inter-seetion of Old Town
end. This would allow Mercedes Street to act as another option for northbound and southbound traveling
vehicles throughout Old Town. Two proposed potential future roundabouts were analyzed for future
conditions at the following intersections':
Old Town Front Street at Mercedes Street (Future Extension) in the vicinity of the south loop of
Moreno Road
Old Town Front Street at-in the vicinity of First Street /Santiago Road�n�ed s S4eet
The analysis of the two roundabouts listed above was aimed only at obtaining LOS from a traffic volume
perspective, given the potential designs concepts provided by the City of Temecula staff at the time the
traffic study was prepared. The designs, layouts, angles of approach, directional orientation, conflict
points, internal and external radii measurements, proper signage, pedestrian facilities and any additional
operational characteristics of these proposed roundabouts should be carefully calculated by a roundabout
expert prior to implementation. However, the analysis shows that they are feasible and could operate at an
acceptable LOS.
' RK Engineering Group utilized the SIDRA Intersection Version 4.0 analysis software to study the proposed roundabout.
SIDRA Intersection Version 4.0 is a software analysis program that can effectively produce a LOS analysis for roundabouts
using the Federal Highway Administration (FHWA) and Highway Capacity Manual (HCM) methodologies.
c
-
' RK Engineering Group utilized the SIDRA Intersection Version 4.0 analysis software to study the proposed roundabout.
SIDRA Intersection Version 4.0 is a software analysis program that can effectively produce a LOS analysis for roundabouts
using the Federal Highway Administration (FHWA) and Highway Capacity Manual (HCM) methodologies.
a
As shown in Tables 3.9 -6 and 3.9 -7, the two proposed roundabouts listed above are projected to operate at
an acceptable LOS, when taking into account the average delay at each intersection. The proposed
roundabouts can be successfully implemented as traffic control devices at-the !eeat'.c: c ,,, ".,,..,, in
Appendix a in the t a ffi ,.u. However, if implemented the design elements of these roundabouts
should be carefully calculated by an expert prior to implementation.
Appendices C and D in the traffic study also include the LOS worksheets for each of the roundabouts (RK
Engineering, Inc., 2009).
Draft EIR page 3.9 -17:
TABLE 3.9 -6
EXISTING PLUS AMBIENT GROWTH WITH PROPOSED SPECIFIC PLAN
INTERSECTION LEVEL OF SERVICE
Intersection
Control'
AM Peak Hour
Delay"
(sec /veh) LOS
PM Peak Hour
Delay
(seclveh) LOS
1.
Old Town Front Street/Rancho California Road
TS
36.9
D
126.5
F
• With Improvements
TS
51.2
D
27.1
C
2.
Old Town Front Street/North Moreno Road
CSS
12.8
C
37.4
E
• With All-Way-Stop Control
AWS
17.0
C
83.7
F
• Traffic signal not feasible due to this intersection's close proximity to Old Town
Front Street at
Rancho
California Road.
3.
Old Town Front Street/Mercedes Street
RD
7.8
A
21.0
C
4.
Old Town Front Street/6" Street
AWS
18.3
C
138.0
F
• With Traffic Signal
TS
5.3
A
10.4
8
5.
Old Town Front Street/Main Street
AWS
21.5
C
71.2
F
• With Traffic Signal
TS
11.4
B
13.0
B
6.
Old Town Front Street/2n° Street
CSS
22.1
C
43.0
E
• With Traffic Signal
AWS
13.4
B
25.2
D
GM Tevm-Front -StreeW- Skeet/Smtiage
7.
Road/MersedesStreet
RD
46.7
B
25-.0
G
•-- See - Appendix- H- in- traffw-s4udy- foFdesign-details,
8.
Old Town Front Street/SR- 79/1 -15 SB Ramps
TS
32.0
C
25.8
C
9.
1 -15 SB Ramps /Rancho California Road
TS
28.2
C
32.0
C
10.
1 -15 NB Ramps /Rancho California Road
TS
9.2
A
13.1
B
11.
1 -15 NB Ramps /SR -79
TS
11.5
B
30.9
C
12.
Mercedes StreeUMoreno Road
CSS
10.6
B
13.7
B
13.
Mercedes Street/Main Street
CSS
17.6
C
19.4
C
14.
Mercedes StreeU3rtl Street
CSS
12.3
B
12.4
B
TS = Traffic Signal, CSS = Cross Street Stop, AWS = All-Way Stop
b Analysis Software: Traffix, Version 8.0. Per the 2000 Highway Capacity Manual, overall average intersection delay and level of service are
shown for intersections with traffic signal or all -way stop control. For intersections with cross - street stop control, the delay and level of service
for the worst individual movement (or movements sharing a signal lane) are shown.
SOURCE: RK Engineers, Inc., 2009
Draft EIR page 3.9.19:
TABLE 3.9 -7
EXISTING PLUS AMBIENT GROWTH WITH PROPOSED SPECIFIC PLAN
INTERSECTION LEVEL OF SERVICE
Intersection
Control'
AM Peak Hour
-�- Delayb
(sec /veh) LOS
PM Peak Hour
Delay -�
(sec /veh) LOS
1.
Old Town Front StreeVRancho California Road
TS
46.0
D
155.8
F
• With Improvements
TS
28.8
C
45.5
D
2.
Old Town Front Street/North Moreno Road
CSS
13.3
B
46.1
F
• With All -Way- Stop - Control
AWS
17.7
C
91.6
F
• Traffic signal not feasible due to this intersection's close proximity to Old Town
Front Street at Rancho
California Road.
3.
Old Town Front Street/Mercedes Street
RD
7.4
A
20.6
C
4.
Old Town Front Street/6" Street
AWS
19.4
C
147.8
F
• With Traffic Signal
TS
5.4
A
10.3
B
5.
Old Town Front Street/Main Street
AWS
25.8
D
74.1
F
• With Traffic Signal
TS
11.8
B
13.0
B
6.
Old Town Front Street/2o° Street
CSS
24.0
C
44.8
E
• With All -Way Stop Control
AWS
14.0
B
26.0
D
Old- Town-Ftont-&treeVVStreetASantiago
7.
Read/Mercedes-Street
RD
23.2
C
50.4
D
-See -Appendix H- iMraffio�tudy- for- design-details.
8.
Old Town Front Street(SR- 79/1 -15 SB Ramps
TS
44.9
D
28.6
C
9.
1 -15 SB Ramps /Rancho California Road
TS
43.4
D
56.0
F
• With Improvements
34.6
C
31.5
C
10.
1 -15 NB Ramps /Rancho California Road
TS
9.7
A
16.0
B
11.
1 -15 NB Ramps /SR -79
TS
11.9
B
51.0
D
12.
Mercedes Street/Moreno Road
CSS
12.8
B
19.1
C
13.
Mercedes Street/Main Street
CSS
19.1
C
18.9
C
14.
Mercedes StreeU3rtl Street
CSS
12.7
B
12.5
B
a TS = Traffic Signal, CSS = Cross Street Stop, AWS = All -Way Stop
b Analysis Software: Traffix, Version 8.0. Per the 2000 Highway Capacity Manual, overall average intersection delay and level of service are
shown for intersections with traffic signal or all -way stop control. For intersections with cross- street stop control, the delay and level of service
for the worst individual movement (or movements sharing a signal lane) are shown.
SOURCE: RK Engineers, Inc., 2009
Draft EIR page 3.9- 17/3.9 -18:
Measure 3.9 -1: The project applicant shall incorporate the following into the design of the Specific Plan
area:
• At the intersection of Old Town Front Street and Rancho California Road, provide a northbound
through /right -turn land combination with a right -turn overlap.
• Provide subsequent Traffic Impact Analyses, as development occurs, to determine thresholds for
need and timing for implementation of enhancements to the intersection of Old Town Front
Street /Second Street and the northern Mercedes Street connection to Old Town Front Street
and/or implementation of Roundabouts at the e nterseet;ons in the vicinity of Old Town Front
Street and First Street /Santiago Road ^^^-r edeStree and Old Town Front Street and Mercedes
Street in the vicinity of the Moreno Road south loop.
• Provide pedestrian facilities from Old Town Front Street which connect the east and west
neighborhood cores with the Old Town Core District.
In order to maintain the unique "Main Street" character of the Old Town area, LOS and F will be deemed
acceptable on Old Town Front Street from Second Street to Moreno Road North.
Draft EIR page 3.9- 19/3.9 -20:
Measure 3.9 -2: The project applicant shall incorporate the following features into the design of the
Specific Plan area:
• At the intersection of Old Town Front Street and Rancho California Road, provide a westbound
right -turn overlap.
• Provide subsequent Traffic Impact Analyses, as development occurs, to determine threshelds -fer
need and timing for implementation of enhancements to the intersection of Old Town Front
Street /Second Street and the northern Mercedes Street /Moreno Road connection to Old
Town Front Street and /or implementation of Roundabouts at the north and south entries to
Old Town
• Provide pedestrian facilities from Old Town Front Street which connect the east and west
neighborhood cores with the Old Town Core District.
In order to maintain the unique "Main Street" character of the Old Town area, LOS and F will be deemed
acceptable on Old Town Front Street from Second Street to Moreno Road North.
Draft EIR page 4 -9:
Traffic and Transportation
The geographic scope of this impact area lies within the City of Temecula and the County of Riverside.
The roadway network on which construction workers and construction vehicles (including trucks that
would transport equipment and fill material to and from the worksite) would travel to access the site
consists of regional highways and local roadways.
A traffic analysis was conducted for the proposed Specific Plan Amendment project. The traffic analysis
also analyzed future traffic conditions which took into account cumulative projects and regional growth.
As discussed in Section 3.9 Traffic and Transportation, none of the intersections would operate at an
unacceptable LOS after mitigation. Project impacts will be reduced to a less than significant level with
implementation of proposed mitigation measures such as enhancements to the intersection of Old
Town Front Street /Second Street and the northern Mercedes Street connection to Old Town Front
Street and/or roundabouts, pedestrian facilities and accepting LOS E and F at �SF an
intersections from Second Street to Sixth Street. The proposed project would increase traffic at a lesser
rate than the current Specific Plan for the Old Town area. Cumulative conditions were determined by
adding the traffic generated by other approved /pending projects. Traffic counts for these projects were
estimated based on trip generation rates from ITE's Trip Generation, 8th Edition. The proposed project
would not contribute to cumulative traffic and circulation impacts when considered in combination with
projects listed in Table 3.9 -5. Therefore, cumulative traffic impacts would not be significant.
Draft FIR page 6 -10:
Traffic
Development under alternative 1 (build -out of the existing Specific Plan) would generate substantially
more vehicle trips that the proposed project. The proposed project would increase traffic at a lesser rate
than development under Alternative 1. Specifically, development under Alternative 1 would increase
traffic by 106,092 ADT, with 5,957 AM peak hour trips and 9,925 PM peak hour trips as compared to the
proposed project. Sz/7-�, :d b:,;:, e ; a In comparison to the proposed project, development under
Alternative I would not place a major emphasis upon additional pedestrian circulation in the area;
therefore, Alternative I would not further reduce the vehicle trips in the area in comparison to the
proposed project.
Unlike development of the existing OTSP under Alternative 1, the proposed project would implement
efforts to reduce cut - through traffic on Old Town Front Street and allow for a more even traffic
distribution. Under the proposed project, _based on need as determined by future Traffic Impact
Analyses, the r mA^ .i^ a ..i n -on4he o reach Old Tewn Front
nerth -end Old Town Front Street/Mercedes Street connection at Old Town Front Street north of
the Gateway Arch, may be enhanced. Additionally the intersection of Old Town Front Street and
Second Street may be enhanced. and the mterqP.PtJAn of Old Towfi Frent Street at 44_S�"V
Read on;d In contrast to development under Alternative 1, based on need as determined by
future Traffic Impact Analyses the proposed project weuld- pr-epese may utilize roundabouts as traffic
control devices within the Old Town area.
Draft F.,IR Appendices:
From Appendix G (Traffic Impact Analysis Technical Report), remove Appendix H (Roundabout
Information). Future TIAs will determine whether these roundabouts will be utilized, and if they are an
engineer will design them and their exact location and configuration will be determined at that time.
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i
CITY WEBSITE LINK TO DRAFT OLD TOWN SPECIFIC PLAN AND DRAFT EIR
City Website Link to Draft Old Town Specific Plan and Draft EIR
To view the Draft Old Town Specific Plan and Draft EIR from the City's web site, go to
1. http / /laserfiche cityoftemecuIa org /webiink7 /Browse aspx ?dbid =2 .
2. Open the Community Development folder
3. Open the Draft Old Town Specific Plan / EIR folder
4. Open the "Revised Draft Specific Plan" document or the Draft EIR document
PC RESOLUTION
ENVIRONMENTAL IMPACT REPORT
PC RESOLUTION NO. 10-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY
THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPT
FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, ADOPT A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPT A MITIGATION MONITORING AND REPORTING
PROGRAM IN CONNECTION WITH A COMPREHENSIVE
AMENDMENT TO THE OLD TOWN SPECIFIC PLAN
(LR10 -0011)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 9, 1994, the City Council of the City of Temecula approved
the Old Town Specific Plan and on February 22, 1994 the City Council of the City of
Temecula adopted the Old Town Specific Plan.
B. Various amendments to the Old Town Specific Plan were adopted by the
City Council of the City of Temecula since February 22, 1994.
C. The proposed amendment to the Old Town Specific Plan is a
comprehensive amendment to replace all sections of the Old Town Specific Plan with
new and updated information. In addition, an amendment to the City's Zoning Map,
General Plan Land Use Policy Map and Specific Plan Area Map modifies the boundary
of the Old Town Specific Plan to incorporate an additional 2.4 acres into the Old Town
Specific Plan located south of First Street along the west side of Old Town Front Street
and excludes 2.3 acres from the Old Town Specific Plan located west of the intersection
of Sixth Street and Pujol Street. An amendment to the General Plan Land Use Policy
Map includes a new land use designation of "Specific Plan Implementation (SPI)
applied to all properties within the Old Town Specific Plan area. An amendment to the
Land Use Element of the City's General Plan defines the land use designation Specific
Plan Implementation (SPI) to ensure properties within the land use designation Specific
Plan Implementation (SPI) are regulated by the provisions of the Specific Plan. An
amendment to the Circulation Element of the City's General Plan adds a provision
allowing for intersection level of service as identified in a Specific Plan. ( "Project ").
D. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
E. A Draft Environmental Impact Report ( "EIR ") was prepared for the Project
in accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ( "CEQA ") and circulated for public review from
March 1, 2010 through April 14, 2010 for a 45 -day public review. Copies of the
documents have been available for public review and inspection at the offices of the
Department of Planning, located at City Hall 43200 Business Park Drive, Temecula,
California 92590.
F. The Old Town Local Review Board, at a regular meeting, considered the
Project on April 12, 2010 at which time the public and the Old Town Local Review Board
provided comments to staff and recommended approval of the Project.
G. On April 21, 2010, at a duly noticed public hearing as prescribed by law,
the Planning Commission considered the Project and any comments received prior to or
at the public hearing on April 21, 2010, at which time the City staff presented its report,
and interested persons had an opportunity to and did testify either in support or in
opposition to the Project and the draft Environmental Impact Report.
Section 2. Recommendation. The Planning Commission has considered the
Project and the draft Environmental Impact Report prepared for the Old Town Specific
Plan and has considered the significant and unavoidable environmental impacts of the
Project. The Planning Commission finds that there are Project benefits that would
outweigh any of the adverse impacts identified in the Draft Environmental Impact
Report, and on this basis, recommends that the City Council of the City of Temecula
certify the Final Environmental Impact Report prepared for the Old Town Specific Plan,
adopt Findings pursuant to the California Environmental Quality Act, adopt a Statement
of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program
for the Old Town Specific Plan Project.
Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 21 st day of April 2010.
Carl Carey, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 21 st day of April 2010, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Patrick Richardson, Secretary
PC RESOLUTION NO. 10-
OVERALL RECOMMENDATION OF CITY COUNCIL ACTIONS
PC RESOLUTION NO. 10-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL OF THE CITY OF TEMECULA TAKE
VARIOUS ACTIONS RELATED TO A COMPREHENSIVE
AMENDMENT TO THE OLD TOWN SPECIFIC PLAN
(LR10 -0011)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 9, 1994, the City Council of the City of Temecula approved
the Old Town Specific Plan and on February 22, 1994 the City Council of the City of
Temecula adopted the Old Town Specific Plan.
B. Various amendments to the Old Town Specific Plan were adopted by the
City Council of the City of Temecula since February 22, 1994.
C. The proposed amendment to the Old Town Specific Plan is a
comprehensive amendment to replace all sections of the Old Town Specific Plan with
new and updated information. In addition, an amendment to the City's Zoning Map,
General Plan Land Use Policy Map and Specific Plan Area Map modifies the boundary
of the Old Town Specific Plan to incorporate an additional 2.4 acres into the Old Town
Specific Plan located south of First Street along the west side of Old Town Front Street
and excludes 2.3 acres from the Old Town Specific Plan located west of the intersection
of Sixth Street and Pujol Street. An amendment to the General Plan Land Use Policy
Map includes a new land use designation of "Specific Plan Implementation (SPI)"
applied to all properties within the Old Town Specific Plan area. An amendment to the
Land Use Element of the City's General Plan defines the land use designation Specific
Plan Implementation (SPI) to ensure properties within the land use designation Specific
Plan Implementation (SPI) are regulated by the provisions of the Specific Plan. An
amendment to the Circulation Element of the City's General Plan adds a provision
allowing for intersection level of service as identified in a Specific Plan. ( "Project ").
D. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
E. A Draft Environmental Impact Report ( "EIR ") was prepared for the Project
in accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ( "CEQA ") and circulated for public review from
March 1, 2010 through April 14, 2010 for a 45 -day public review. Copies of the
documents have been available for public review and inspection at the offices of the
Department of Planning, located at City Hall 43200 Business Park Drive, Temecula,
California 92590.
F. The Old Town Local Review Board, at a regular meeting, considered the
Project on April 12, 2010 at which time the public and the Old Town Local Review Board
provided comments to staff and recommended approval of the Project.
G. On April 21, 2010, at a duly noticed public hearing as prescribed by law,
the Planning Commission considered the Project and any comments received prior to or
at the public hearing on April 21, 2010, at which time the City staff presented its report,
and interested persons had an opportunity to and did testify either in support or in
opposition to the Project and the draft Environmental Impact Report.
H. Following consideration of the entire record before it at the public hearing
and due consideration of the proposed Project the Planning Commission recommended
that the City Council certify the Environmental Impact Report prepared for the Project,
adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and
adopt a Mitigation Monitoring and Reporting Program for the Project.
All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Legislative Findings. The City Council in approving the Project
hereby finds, determines and declares that:
A. The proposed Specific Plan Amendment is consistent with the General
Plan and Development Code;
The proposed Specific Plan Amendment and associated revisions to the General
Plan conform to the existing policies within the City of Temecula General Plan.
The General Plan Land Use Element, as noted page LU -26, anticipates that the
City will provide comprehensive planning of large areas and identifies the Old
Town Specific Plan as a specific plan area. Minor General Plan revisions will
provide that the new provisions of the Old Town Specific Plan are integrated into
the City's General Plan and are required so that the Old Town Specific Plan can
be updated to continue to support the City's General Plan objectives for the area
as outlined on Page LU -29, including preserving historic character, enhancing
economic vitality, improving public facilities and services, circulation, parking and
encouraging infill development. The Project also complies with all applicable
Development Code Standards required for Specific Plan amendments including
Section 17.16.060 (amendments to approved plans) and Section 17.01.040
(relationship to general plan) and is consistent with the City of Temecula General
Plan goals, policies and objectives.
B. The proposed Specific Plan Amendment would not be detrimental to the
public interest, health, safety, convenience or welfare of the City;
The proposed Specific Plan Amendment provides for development standards
that would ensure the public interest, health, safety, convenience or welfare of
the City. The proposed Specific Plan Amendment has been reviewed pursuant
to the City's General Plan and all applicable State laws and has been found to be
consistent with the policies, guidelines, standards and regulations intended to
ensure that development within the Old Town Specific Plan area will be
constructed and function in a manner consistent with the public health, safety
and welfare.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments;
The subject area of the Old Town Specific Plan consists of approximately 953
acres. As outlined in the Land Use Element of the City's General Plan (page LU-
32), the purpose of Specific Plans is to provide a comprehensive planning
document for large areas so that a coordinated planning approach is provided for
all anticipated land use developments. As such, the entire project area has been
reviewed based on existing structures and future build out potential and is
physically suitable for the land use designations provided by the Amended Old
Town Specific Plan.
D. The proposed Specific Plan Amendment shall ensure the development of
desirable character which will be compatible with existing and proposed development in
the surrounding neighborhood;
As identified within the City's General Plan Land Use Element, page LU -30, Old
Town Temecula is a strong identification point for the City and the City desires to
ensure that Old Town remains a focal point for social, cultural, civic, tourist and
economic development activities. The Old Town Specific was originally adopted
to support and complement the desirable character of Temecula's downtown and
the Amended provisions of the Old Town Specific further support its downtown
character. The City's General Plan Land Use Element states that the City will
continue to implement the Old Town Specific Plan and will modify or amend it as
needed to respond to development trends in the area (LU -40). As such, the
Amended Old Town Specific Plan provides guidelines that enhance the area
economically, preserves its historic cultural and ensure the development of a
desirable character compatible with existing and proposed development in Old
Town and the surrounding neighborhood.
Section 3. Recommendation. The Planning Commission of the City of
Temecula hereby recommends that the City Council adopt Resolutions and Ordinances
substantially in the form of those attached here to, which would:
A. Approve a comprehensive ameno'ment to the Old Town Specific Plan that
replaces all sections of the existing Old Town Specific Plan. A proposed Ordinance is
attached hereto as Exhibit A and incorporated herein by this reference.
B. Amend the City's General Plan Land Use Policy Map (and all maps within
the General Plan) to reflect the modified boundaries of the Old Town Specific Plan to
annex approximately 2.4 acres located south of First Street into the Old Town Specific
Plan and remove approximately 2.3 acres located west of the intersection of Sixth
Street and Pujol Street from the Old Town Specific Plan, and to designate the territory
of the Old Town Specific Plan with a land use designation called Specific Plan
Implementation (SPI). Amend the General Pian Land Use Element to specify that all
land uses within the boundaries of the Old Town Specific Plan shall comply with the
provisions of the Old Town Specific Plan. Amend the City's General Plan Circulation
Element to add provisions allowing for intersection level of service to be as identified in
a specific plan. A proposed Resolution is attached hereto as Exhibit B and incorporated
herein by this reference.
C. Amend the City's Zoning Map to (1) reflect that approximately 2.4 acres
located south of First Street, currently zoned Service Commercial (SC), shall be
annexed into the Old Town Specific Plan (SP -5); and (2) reflect that approximately 2.3
acres located west of the intersection of Sixth Street and Pujol Street shall be removed
from the Old Town Specific Plan (SP -5) and rezoned as High Density Residential (H).
A proposed Ordinance is attached hereto as Exhibit C and incorporated herein by this
reference.
Section 4 PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 21 st day of April 2010.
Carl Carey, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 21 st day of April 2010, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Patrick Richardson, Secretary
EXHIBIT "A"
DRAFT CC ORDINANCE NO. 10-
AMENDMENT TO THE OLD TOWN SPECIFIC PLAN
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A COMPREHENSIVE
AMENDMENT TO THE OLD TOWN SPECIFIC PLAN
(LONG RANGE PLANNING PROJECT NO. LR10 -0011)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On February 9, 1994, the City Council of the City of Temecula approved
the Old Town Specific Plan and on February 22, 1994 the City Council of the City of
Temecula adopted the Old Town Specific Plan.
B. Various amendments to the Old Town Specific Plan were adopted by the
City Council of the City of Temecula since February 22, 1994.
C. The proposed amendment to the Old Town Specific Plan is a
comprehensive amendment to replace all sections of the Old Town Specific Plan with
new and updated information. In addition, an amendment to the City's Zoning Map,
General Plan Land Use Policy Map and Specific Plan Area Map modifies the boundary
of the Old Town Specific Plan to incorporate an additional 2.4 acres into the Old Town
Specific Plan located south of First Street along the west side of Old Town Front Street
and excludes 2.3 acres from the Old Town Specific Plan located west of the intersection
of Sixth Street and Pujol Street. An amendment to the General Plan Land Use Policy
Map includes a new land use designation of "Specific Plan Implementation (SPI)"
applied to all properties within the Old Town Specific Plan area. An amendment to the
Land Use Element of the City's General Plan defines the land use designation Specific
Plan Implementation (SPI) to ensure properties within the land use designation Specific
Plan Implementation (SPI) are regulated by the provisions of the Specific Plan. An
amendment to the Circulation Element of the City's General Plan adds a provision
allowing for intersection level of service as identified in a Specific Plan. ( "Project ").
D. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
E. A Draft Environmental Impact Report ( "EIR ") was prepared for the Project
in accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ( "CEQA ") and circulated for public review from
March 1, 2010 through April 14, 2010 for a 45 -day public review. Copies of the
documents have been available for public review and inspection at the offices of the
Department of Planning, located at City Hall 43200 Business Park Drive, Temecula,
California 92590.
F. The Old Town Local Review Board, at a regular meeting, considered the
Project on April 12, 2010 at which time the public and the Old Town Local Review Board
provided comments to staff and recommended approval of the Project.
G. On April 21, 2010, at a duly noticed public hearing as prescribed by law,
the Planning Commission considered the Project and any comments received prior to or
at the public hearing on April 21, 2010, at which time the City staff presented its report,
and interested persons had an opportunity to and did testify either in support or in
opposition to the Project and the draft Environmental Impact Report.
H. Following consideration of the entire record before it at the public hearing
and due consideration of the proposed Project the Planning Commission recommended
that the City Council certify the Environmental Impact Report prepared for the Project,
adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and
adopt a Mitigation Monitoring and Reporting Program for the Project.
I. At the conclusion of the Planning Commission hearing and after due
consideration of the entire record before the Planning Commission hearing, and after
due consideration of the testimony regarding the proposed Project, the Planning
Commission recommended that the City Council approve the Project including the Old
Town Specific Plan Amendment, General Plan Amendment and Title 17 Zoning Map
Amendment.
J. On , the City Council of the City of Temecula considered the
Project and the Environmental Impact Report, at a duly noticed public hearing at which
time all interested persons had an opportunity to and did testify either in support or in
opposition to this matter. After considering all the testimony and any comments
received regarding the Project and the Environmental Impact Report prior to and at the
2010 public hearing, and based on the entire record concerning all
components of the Project and the draft Environmental Impact Report, the Council
approved the Project and certified the Environmental Impact Report, and adopted
Findings pursuant to CEQA, adopted a Statement of Overriding Considerations, and
adopted a Mitigation Monitoring and Reporting Program.
Section 2. Legislative Findings. The City Council in approving the Project
hereby finds, determines and declares that:
A. The proposed Specific Plan Amendment is consistent with the General
Plan and Development Code;
The proposed Specific Plan Amendment and associated revisions to the General
Plan conform to the existing policies within the City of Temecula General Plan.
The General Plan Land Use Element, as noted page LU -26, anticipates that the
City will provide comprehensive planning of large areas and identifies the Old
Town Specific Plan as a specific plan area. Minor General Plan revisions will
provide that the new provisions of the Old Town Specific Plan are integrated into
the City's General Plan and are required so that the Old Town Specific Plan can
be updated to continue to support the City's General Plan objectives for the area
as outlined on Page LU -29, including preserving historic character, enhancing
economic vitality, improving public facilities and services, circulation, parking and
encouraging infill development. The Project also complies with all applicable
Development Code Standards required for Specific Plan amendments including
Section 17.16.060 (amendments to approved plans) and Section 17.01.040
(relationship to general plan) and is consistent with the City of Temecula General
Plan goals, policies and objectives.
B. The proposed Specific Plan Amendment would not be detrimental to the
public interest, health, safety, convenience or welfare of the City;
The proposed Specific Plan Amendment provides for development standards
that would ensure the public interest, health, safety, convenience or welfare of
the City. The proposed Specific Plan Amendment has been reviewed pursuant to
the City's General Plan and all applicable State laws and has been found to be
consistent with the policies, guidelines, standards and regulations intended to
ensure that development within the Old Town Specific Plan area will be
constructed and function in a manner consistent with the public health, safety
and welfare.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments;
The subject area of the Old Town Specific Plan consists of approximately 153
acres. As outlined in the Land Use Element of the City's General Plan (page LU-
32), the purpose of Specific Plans is to provide a comprehensive planning
document for large areas so that a coordinated planning approach is provided for
all anticipated land use developments. As such, the entire project area has been
reviewed based on existing structures and future build out potential and is
physically suitable for the land use designations provided by the Amended Old
Town Specific Plan.
D. The proposed Specific Plan Amendment shall ensure the development of
desirable character which will be compatible with existing and proposed development in
the surrounding neighborhood;
As identified within the City's General Plan Land Use Element, page LU -30, Old
Town Temecula is a strong identification point for the City and the City desires to
ensure that Old Town remains a focal point for social, cultural, civic, tourist and
economic development activities. The Old Town Specific was originally adopted
to support and complement the desirable character of Temecula 's downtown and
the Amended provisions of the Old Town Specific further support its downtown
character. The City's General Plan Land Use Element states that the City will
continue to implement the Old Town Specific Plan and will modify or amend it as
needed to respond to development trends in the area (LU -40). As such, the
Amended Old Town Specific Plan provides guidelines that enhance the area
economically, preserves its historic cultural and ensure the development of a
desirable character compatible with existing and proposed development in Old
Town and the surrounding neighborhood.
Section 3. The existing City of Temecula Old Town Specific Plan dated
February 8, 1994 as amended last on June 13, 2006 shall be replaced in its entirety
with the amended City of Temecula Old Town Specific Plan dated May 25, 2010.
Section 4. Severability. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days
after its adoption.
Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this _ day of , 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 10- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , , the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
DRAFT CC RESOLUTION NO. 10-
GENERAL PLAN AMENDMENT
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING GENERAL PLAN MAPS TO
DESIGNATE THE OLD TOWN SPECIFIC PLAN
TERRITORY AS SPECIFIC PLAN IMPLEMENTATION
( "SPI "), ANNEX APPROXIMATELY 2.4 ACRES
(LOCATED SOUTH OF FIRST STREET), REMOVE
APPROXIMATELY 2.3 ACRES (LOCATED WEST OF THE
INTERSECTION OF SIXTH STREET AND PUJOL
STREET), AMEND THE GENERAL PLAN LAND USE
ELEMENT TO DEFINE SPI AND SPECIFY THAT ALL
LAND USES WITHIN THE BOUNDARIES OF THE OLD
TOWN SPECIFIC PLAN SHALL COMPLY WITH THE
PROVISIONS OF THE OLD TOWN SPECIFIC PLAN, AND
AMEND THE GENERAL PLAN CIRCULATION ELEMENT
TO ADD PROVISIONS REGARDING INTERSECTION
LEVEL OF SERVICE (LONG RANGE PLANNING
PROJECT NO. LR10 -011)
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On February 9, 1994, the City Council of the City of Temecula approved
the Old Town Specific Plan and on February 22, 1994 the City Council of the City of
Temecula adopted the Old Town Specific Plan.
B. Various amendments to the Old Town Specific Plan were adopted by the
City Council of the City of Temecula since February 22, 1994.
C. The proposed amendment to the Old Town Specific Plan is a
comprehensive amendment to replace all sections of the Old Town Specific Plan with
new and updated information. In addition, an amendment to the City's Zoning Map,
General Plan Land Use Policy Map and Specific Plan Area Map modifies the boundary
of the Old Town Specific Plan to incorporate an additional 2.4 acres into the Old Town
Specific Plan located south of First Street along the west side of Old Town Front Street
and excludes 2.3 acres from the Old Town Specific Plan located west of the intersection
of Sixth Street and Pujol Street. An amendment to the General Plan Land Use Policy
Map includes a new land use designation of "Specific Plan Implementation (SPI)"
applied to all properties within the Old Town Specific Plan area. An amendment to the
Land Use Element of the City's General Plan defines the land use designation Specific
Plan Implementation (SPI) to ensure properties within the land use designation Specific
Plan Implementation (SPI) are regulated by the provisions of the Specific Plan. An
amendment to the Circulation Element of the City's General Plan adds a provision
allowing for intersection level of service as identified in a Specific Plan. ( "Project').
D. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
E. A Draft Environmental Impact Report ( "EIR ") was prepared for the Project
in accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ( "CEQA ") and circulated for public review from
March 1, 2010 through April 14, 2010 for a 45 -day public review. Copies of the
documents have been available for public review and inspection at the offices of the
Department of Planning, located at City Hall 43200 Business Park Drive, Temecula,
California 92590.
F. The Old Town Local Review Board, at a regular meeting, considered the
Project on April 12, 2010 at which time the public and the Old Town Local Review Board
provided comments to staff and recommended approval of the Project.
G. On April 21, 2010, at a duly noticed public hearing as prescribed by law,
the Planning Commission considered the Project and any comments received prior to or
at the public hearing on April 21, 2010, at which time the City staff presented its report,
and interested persons had an opportunity to and did testify either in support or in
opposition to the Project and the draft Environmental Impact Report.
H. Following consideration of the entire record before it at the public hearing
and due consideration of the proposed Project the Planning Commission recommended
that the City Council certify the Environmental Impact Report prepared for the Project,
adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and
adopt a Mitigation Monitoring and Reporting Program for the Project.
I. At the conclusion of the Planning Commission hearing and after due
consideration of the entire record before the Planning Commission hearing, and after
due consideration of the testimony regarding the proposed Project, the Planning
Commission recommended that the City Council approve the Project including the Old
Town Specific Plan Amendment, General Plan Amendment and Title 17 Zoning Map
Amendment.
J. On , the City Council of the City of Temecula considered the
Project and the Environmental Impact Report, at a duly noticed public hearing at which
time all interested persons had an opportunity to and did testify either in support or in
opposition to this matter. After considering all the testimony and any comments
received regarding the Project and the Environmental Impact Report prior to and at the
2010, public hearing, and based on the entire record concerning all components
of the Project and the draft Environmental Impact Report, the Council approved the
Project and certified the Environmental Impact Report, and adopted Findings pursuant
to CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation
Monitoring and Reporting Program.
K. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Legislative Findings. The City Council in approving the Project
hereby finds, determines and declares that:
A. The proposed Specific Plan Amendment is consistent with the General
Plan and Development Code;
The proposed Specific Plan Amendment and associated revisions to the General
Plan conform to the existing policies within the City of Temecula General Plan.
The General Plan Land Use Element, as noted page LU -26, anticipates that the
City will provide comprehensive planning of large areas and identifies the Old
Town Specific Plan as a specific plan area. Minor General Plan revisions will
provide that the new provisions of the Old Town Specific Plan are integrated into
the City's General Plan and are required so that the Old Town Specific Plan can
be updated to continue to support the City's General Plan objectives for the area
as outlined on Page LU -29, including preserving historic character, enhancing
economic vitality, improving public facilities and services, circulation, parking and
encouraging infill development. The Project also complies with all applicable
Development Code Standards required for Specific Plan amendments including
Section 17.16.060 (amendments to approved plans) and Section 17.01.040
(relationship to general plan) and is consistent with the City of Temecula General
Plan goals, policies and objectives.
B. The proposed Specific Plan Amendment would not be detrimental to the
public interest, health, safety, convenience or welfare of the City;
The proposed Specific Plan Amendment provides for development standards
that would ensure the public interest, health, safety, convenience or welfare of
the City. The proposed Specific Plan Amendment has been reviewed pursuant to
the City's General Plan and all applicable State laws and has been found to be
consistent with the policies, guidelines, standards and regulations intended to
ensure that development within the Old Town Specific Plan area will be
constructed and function in a manner consistent with the public health, safety
and welfare.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments;
The subject area of the Old Town Specific Plan consists of approximately 153
acres. As outlined in the Land Use Element of the City's General Plan (page LU-
32), the purpose of Specific Plans is to provide a comprehensive planning
document for large areas so that a coordinated planning approach is provided for
all anticipated land use developments. As such, the entire project area has been
reviewed based on existing structures and future build out potential and is
physically suitable for the land use designations provided by the Amended Old
Town Specific Plan.
D. The proposed Specific Plan Amendment shall ensure the development of
desirable character which will be compatible with existing and proposed development in
the surrounding neighborhood;
As identified within the City's General Plan Land Use Element, page LU -30, Old
Town Temecula is a strong identification point for the City and the City desires to
ensure that Old Town remains a focal point for social, cultural, civic, tourist and
economic development activities. The Old Town Specific was originally adopted
to support and complement the desirable character of Temecula's downtown and
the Amended provisions of the Old Town Specific further support its downtown
character. The City's General Plan Land Use Element states that the City will
continue to implement the Old Town Specific Plan and will modify or amend it as
needed to respond to development trends in the area (LU -40). As such, the
Amended Old Town Specific Plan provides guidelines that enhance the area
economically, preserves its historic cultural and ensure the development of a
desirable character compatible with existing and proposed development in Old
Town and the surrounding neighborhood.
Section 3. General Plan Amendment.
A. As illustrated on Exhibit 1, the City's General Plan Land Use Policy Map is
hereby amended to designate the Old Town Specific Plan area with a land use
designation called "Specific Plan Implementation (SPI) ". This amendment hereby
incorporates an additional 2.4 acres located south of First Street along the west side of
Old Town Front Street into the Old Town Specific Plan and excludes 2.3 acres located
west of the intersection of Sixth and Pujol from the Old Town Specific Plan.
B. As illustrated on Exhibit 2, Figure LU -4 (Specific Plan Areas) on page LU-
28 of the Land Use Element of the City's General Plan is hereby modified to align the
boundaries of SP -5 (the Old Town Specific Plan) to reflect the amended boundary of the
Old Town Specific Plan to incorporate an additional 2.4 acres located south of First
Street along the west side of Old Town Front Street into the Old Town Specific Plan and
excludes 2.3 acres located west of the intersection of Sixth and Pujol from the Old Town
Specific Plan.
C. As redlined on Exhibit 3, pages LU -14, LU -26 and LU -29 of the Land Use
Element of the City's General Plan are hereby amended to define the land use
designation "Specific Plan Implementation (SPI)" and describe that properties within the
land use designation Specific Plan Implementation (SPI) are regulated by the provisions
of the Specific Plan.
D. As redlined on Exhibit 4, pages C -19, C -30 and C -36 of the Circulation
Element of the City's General Plan are hereby amended to add a provision allowing for
intersection level of service to be as identified in a Specific Plan.
Section 4. The City Clerk shall certify to the adoption of this Resolution and it
shall become effective upon its adoption.
LI
■
BALDARAY
I
..... .DR
.. . . .
......
Lm
SC
WFC
u
i .
..........
1
Q SPECIFIC PLAN (SP -5)
VERY LOW DENSITY RESIDENTIAL (VL)
LOW DENSITY RESIDENTIAL (L-1)
LOW DENSITY RESIDENTIAL (L -2)
LOW MED DENSITY RESIDENTIAL (LM)
MEDIUM DENSITY RESIDENTIAL (M)
- HIGH DENSITY RESIDENTIAL (H)
_ HILLSIDE RESIDENTIAL (HR)
BUSINESS PARK (13P)
LIGHT INDUSTRIAL (LI)
- COMMUNITY COMMERCIAL (CC)
_ HIGHVWAY/TOURIST COMMERCIAL (HT)
PROFESSIONAL OFFICE (PO)
- NEIGHBORHOOD COMMERCIAL (NC)
- SERVICE COMMERCIAL (SC)
PUBLIC INSTITUTIONAL (PI)
PLANNED DEVELOPMENT OVERLAY (PDO)
SPECIFIC PLAN (SP)
OPEN SPACE (OS)
— PUBLIC PARK / RECREATION (PR)
- CONSERVATION (OS-C)
O TRIBAL TRUST
4
0 75 150 300 450 600
Feet
,IgmlsR p pA/&9'db^m^94Wd roan sp—ng ror x a kh Md
Item No. 23
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Andre O'Harra, Police Chief
DATE: May 11, 2010
SUBJECT: Mall Ring Road Enforcement
RECOMMENDATION: That the City Council
Introduce and read by title only an ordinance entitled:
ORDINANCE NO. -10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 10.22 AND SECTION 10.22.101 TO
THE TEMECULA MUNICIPAL CODE PROVIDING FOR THE
ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON PRIVATE
ROADS AND PARKING FACILITIES LOCATED ON APPROXIMATELY
179.1 ACRES AT THE SOUTHEAST CORNER OF WINCHESTER
ROAD AND YNEZ ROAD (REGIONAL MALL) PURSUANT TO VEHICLE
CODE SECTIONS 21107.6 AND 21107.8
SUMMARY OF
ORDINANCE: The proposed Ordinance provides that: (1) the provisions of the
California Vehicle Code shall apply to the privately owned and maintained roads in the Regional
Mall located southeasterly of Winchester Road and Ynez Road and the City of Temecula shall
have the authority to enforce the provisions of the California Vehicle Code on said roads; and (2)
the provisions of Sections 22350, 23103 and 23109 of the California Vehicle Code (speed,
reckless driving and speed contests) shall apply to the privately owned and maintained offstreet
parking facilities within the Regional Mall and the City of Temecula shall have the authority to
enforce the provisions of Sections 22350, 23103 and 23109 of the California Vehicle Code on
said parking facilities.
The proposed Ordinance also makes the findings required by Vehicle Code Section 21107.6
that the privately owned and maintained roads within the Regional Mall are generally held open
to the public for the purposes of vehicular travel to serve the Regional Mall and other commercial
establishments and the findings required by Vehicle Code Section 21107.8 that the privately
owned and maintained off - street parking facilities within the Regional Mall are generally held
open to the public for purposes of vehicular parking.
BACKGROUND: On March 5, 2010, Jeff Kurtz, General Manager of the Promenade
Mall, made an official request that the Temecula Police Department enforce the California Vehicle
Code on the Mall property to include the Ring Road. In order to provide the Police Department the
formal authority to enforce the vehicle code, the City Council must adopt an Ordinance amending
the City's Municipal Code.
One of the most effective public safety tools the City has is to provide police enforcement and this
Ordinance will create safer traffic circulation around the Ring Road and all parking areas around the
mall.
FISCAL IMPACT: There is no fiscal impact.
ATTACHMENTS: Ordinance
Map
ORDINANCE NO. 10 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 10.22 AND SECTION 10.22.101 TO
THE TEMECULA MUNICIPAL CODE PROVIDING FOR THE
ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON PRIVATE
ROADS AND PARKING FACILITIES LOCATED ON APPROXIMATELY
179.1 ACRES AT THE SOUTHEAST CORNER OF WINCHESTER
ROAD AND YNEZ ROAD (REGIONAL MALL) PURSUANT TO
VEHICLE CODE SECTIONS 21107.6 AND 21107.8
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 10.22, Enforcement of California Vehicle Code on Private
Commercial Property, is hereby added to the Temecula Municipal Code to read as follows:
CHAPTER 10.22 ENFORCEMENT OF CALIFORNIA VEHICLE CODE ON PRIVATE
PROPERTY
Sec. 10.22.010 Enforcement of Vehicle Code on Roads and Parking Facilities at
the Regional Mall Located at the Southeast Corner of Winchester
Road and Ynez Road.
A. Pursuant to the provisions of California Vehicle Code Sections
21107.6 and 21107.8, the City Council hereby finds, determines and declares
that:
1. There exists in the City of Temecula an area of
approximately 179.1 acres located southeasterly of Winchester Road and Ynez
Road, which known as the "Regional Mall." A map depicting the Regional Mall
and the privately owned and maintained roads and parking facilities within the
Regional Mall is set forth herein as Illustration 10.22.010.
California Vehicle Code Sections 21107.6 authorizes the
City of Temecula to adopt an ordinance providing for the enforcement of the
California Vehicle Code by the City on private streets generally open to the public
for purposes of vehicular travel to serve commercial establishments. California
Vehicle Code Sections 21107.8 authorizes the City of Temecula to adopt an
ordinance providing for the enforcement of Sections 22350, 23103 and 23109 of
the California Vehicle Code by the City on privately owned and maintained
offstreet parking facilities that are generally held open to the public for purposes
of vehicular parking. Both sections allow for enforcement following notice to the
property owner and a public hearing unless the property owner posts signs that
the provisions of the Vehicle Code will not apply to the privately owned and
maintained streets or parking facilities. The owners of the Regional Mall have
requested the adoption of an ordinance enacting this section of the Temecula
Municipal Code.
3. On May 11, 2010 the City Council of the City of Temecula
held a duly noticed public hearing pursuant to the requirements of California
Vehicle Code Sections 21107.6 and 21107.8 to consider whether to authorize the
enforcement of the Vehicle Code on the privately owned and maintained streets
and parking facilities within the Regional Mall and to adopt the ordinance
enacting this section of the Temecula Municipal Code. The owners of the
Regional Mall property were notified in writing of the public hearing. The public
was given the opportunity to speak at the public hearing on the proposed
ordinance. Following the public hearing and after due consideration of the
information presented at the hearing, the City Council adopted the ordinance
enacting this section of the Temecula Municipal Code.
4. The privately owned and maintained roads within the
Regional Mall are generally held open to the public for the purposes of vehicular
travel to serve the Regional Mall and other commercial establishments. The
privately owned and maintained offstreet parking facilities within the Regional
Mall are generally held open to the public for purposes of vehicular parking
B. The provisions of the California Vehicle Code shall apply to the
privately owned and maintained roads in the Regional Mall and the City of
Temecula shall have the authority to enforce the provisions of the California
Vehicle Code on said roads.
C. The provisions of Sections 22350, 23103 and 23109 of the
California Vehicle Code shall apply to the privately owned and maintained
offstreet parking facilities within the Regional Mall and the City of Temecula shall
have the authority to enforce the provisions of Sections 22350, 23103 and 23109
of the California Vehicle Code on said parking facilities.
Section 2. Illustration 10.22.010 referenced in Section 1 of this Ordinance is
attached hereto as Exhibit A and incorporated herein as though set forth in full. Illustration
10.22.010 shall be codified in the Temecula Municipal Code immediately following Section
10.22.010.
Section 3. If any sentence, clause or phrase of this ordinance is for any reason held
to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining provisions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that
any one or more sentences, clauses or phrases be declared unconstitutional or otherwise
invalid.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause it to be
published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of May, 2010.
Jeff Comerchero, Mayor
r_T40r:61n
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 10- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 11th day of May, 2010,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 11 th day of May, 2010, by the following vote:
AYES: COUNCIL MEMBERS:
1► to] x.Ko1l1►NJlNd /IAd /l1J4:&1
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk